CLEARING THE AIR | Major changes expected to South Africa’s Environmental Legal Regime stemming from NEMLA4 - #3of8

NEMLA4 is also going to see the alteration of certain provisions under the Specific Environmental Management Acts that fall under the National Environmental Management Act 107 of 1998 (NEMA). For instance, NEMLA4 amends sections 48, 57 and 89 of the National Environmental Management: Protected Areas Act 57 of 2003 (NEMPAA). If only amending other things released in 2003 were possible after the fact; casting Mike Myers as The Cat in the Hat? For shame, DreamWorks. For shame. 

Moving along. Section 48 of NEMPAA provides for prospecting and mining activities in protected areas. In this regard, it is notable that sections 48(1), 48(1)(b), 48(2), 48(3) and 48(4) have been substituted and sections 48(5) and 48(6) have been added. Significantly, section 48(5)(a) provides that, when the Minister is exercising his / her power to determine whether to grant written permission for mining activities in a protected environment, there are certain listed requirements that the Minister must consider, and section 48(5)(b) sets out what the Minister may take into account in this regard. Section 48(6) provides that the Minister may request additional information before making the decision to grant the aforementioned written permission.

Section 57(1) of NEMPAA sets out the composition of the South African National Parks (“SAN Parks”) and NEMLA4 amends section 57(1)(c) by including the “Chief Financial Officer” in the description of the composition of the SAN Parks board.

Lastly, NEMLA4 amends section 89 of NEMPAA (the offences and penalties provision), and it’s a bit of a shell game in more ways than one: notably, the amendment to section 89(1)(a) removes section 49A(5)(b) and adds section 48A(1) (relating to restriction of activities in marine protected areas) to the list of sections that, if not complied with, will result in an offence being committed. Furthermore, section 55(2)(fA) has also been removed from the list under section 89(1)(a). However, it has been added under section 89(1)(e). Therefore, in terms of section 89(1)(e), an offence is committed when someone “contravenes or fails to comply with a rule made in terms of section 55(2)(fA)”. Section 55(2)(fA) is slightly more fun to read than a Stephenie Meyer book, but if it isn’t on your nightstand here’s an overview: it’s about the rules relating to traffic in spaces such as national parks and special nature reserves.

Still a better love story than Twilight…