NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 107 OF 1998: CONSULTATION ON THE INTENTION TO AMEND THE REGULATIONS LAYING DOWN THE PROCEDURE TO BE FOLLOWED FOR THE ADOPTION OF SPATIAL TOOLS OR ENVIRONMENTAL MANAGEMENT INSTRUMENTS
Notice Title: National Environmental Management Act, 107 of 1998 (“NEMA”): Consultation on the intention to amend the Regulations laying down the procedure to be followed for the Adoption of Spatial Tools or Environmental Management Instruments
Government Notice: GN 3336 in GG 48457 on 21 April 2023
Commencing date: Comments to be submitted by 22 May 2023
The Minister of Forestry, Fisheries, and the Environment (“the Minister”), published, in terms of section 24(5)(bA) of the NEMA, proposed amendments to the Regulations laying down the procedure to be followed for the adoption of spatial tools or environmental management instruments, GNR 542 of 5 April 2019 (“the Regulations”) for public comments.
It is proposed that the term “spatial tool” be deleted from the Regulations since a spatial tool is one of the environmental management instruments which can be adopted by the Minister or the MEC. This is confirmed by the soon to be enacted definition of “environmental management instrument” as contained in the National Environmental Management Laws Amendment Act, 2022.
In addition, a provision to enable the setting of a registration requirement is proposed. Although the Regulations provide for the process to adopt environmental management instruments for the purposes of excluding activities from the requirement to obtain environmental authorisation, it is often desirable to identify some procedures to be followed, and conditions to be applicable, as part of the exclusion. It is now intended to specifically provide for the inclusion of a registration process.
Members of the public are invited to submit written comments and inputs on or before 22 May 2023. For a copy of the Government Gazette Notice click here.
For more information or assistance please contact Jan Nel at jan@shangoni.co.za
