(Virtual Showroom): On 24 June 2022 the National Environmental Management Laws Amendment (NEMLA) Bill became an Act which stipulates many amendments to existing environmental acts and regulations. This article will focus on the clarification of the below processes.
Clarification to:
1. The Public Participation Process (PPP) and
2. The timing of environmental applications for different authorisations & licenses are discussed
3 . The Public Participation Process (PPP) is clarified by explaining that an organ of state includes a state department that administers a law which must be consulted that affects the application through amending Section 24O of NEMA Act 107 of 1998 as amended. This clarifies and add to who must be informed by written notice regarding informing those that has jurisdiction in respect of a specific aspect. For example, the municipality has jurisdiction over its local rivers but the Department of Water and Sanitation (DWS) also governs the Water Act 36 of 1998 as amended and has jurisdiction over all rivers in South Africa. This means that DWS must also be added and provided with written notice as a I&AP with the onus on the EAP and not just the Competent Authority.
4. It is now important that all applicable environmental authorisation and licensing processes of the specific environmental acts must take place during the same time if process allows as per the amendment of Section 24C of NEMA 107, 1998 as amended. This means if a proposed development requires Environmental Authorisation and Waste Management License that the two processes must start close in time and run concurrently or be integrated.
Contact Envass for further clarity regarding Environmental Authorisations and for a proposal if you have a proposed project that requires Environmental Authorisation.