NATIONAL ENVIRONMENTAL MANAGEMENT ACT 107 OF 1998: CONSULTATION ON THE PROPOSED AMENDMENTS TO THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2014 AND THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS LISTING NOTICES, 2014
Notice Title: National Environmental Management Act 107 of 1998 (“NEMA”): Consultation on the Proposed Amendments to the Environmental Impact Assessment Regulations, 2014 and the Environmental Impact Assessment Regulations Listing Notices, 2014
Government Notice: GN 5646 in GG 51717 on 6 December 2024
Commencing date: Comments to be submitted on or before 4 February 2025
The Minister of Forestry, Fisheries and the Environment, under sections 24(2), 24(5) and 44, read with section 47 of the NEMA, consults on the proposed amendments to the Environmental Impact Assessment Regulations, 2014, as amended, and the associated Environmental Impact Assessment Regulations Listing Notices 1, 2 and 3 of 2014.
The purpose of the proposed amendments is to give effect to sections 11, 62, 72, 76 and 86 of the National Environmental Management Laws Amendment Act, 2 of 2022 (“NEMAA”) which provides for the management and reclamation of residue deposits and residue stockpiles to be removed from the ambit of the National Environmental Management: Waste Act, 59 of 2008 (“NEMWA”) and included in the NEMA.
In order to achieve this objective, in addition to the proposed amendments, proposed amendments to the list of waste management activities that have, or are likely to have, a detrimental effect on the environment are also required and were already published for public comment in GNR 4361 on 9 February 2024. The transfer of the management of residue deposits and residue stockpiles from the NEMWA to the NEMA as provided for in the NEMAA will be brought into effect by Proclamation in the Government Gazette on the date of the commencement of the amendments to the Environmental Impact Assessment Regulations Listing Notices 1, 2 and 3 and the list of waste management activities.
The proposed amendments to the list of waste management activities and the Environmental Impact Assessment Regulations Listing Notices will have the effect of re-characterising residue stockpiles and residue deposits as a resource rather than a waste and removing them from the requirements of the National Standards for the Disposal of Waste to Landfill.
Since the reclamation and expansion of residue deposits and residue stockpiles will fall within the scope of existing mining activities in the Listing Notices, it is not proposed as new activities. Activities are however proposed for the reclamation and expansion of historical mine dumps, which fall outside the scope of the Mineral and Petroleum Resources Development Act, 28 of 2002 (“MPRDA”).
In addition to the proposed change of the management regime for residue stockpiles and residue deposits, the proposed amendments also intend to clarify the competency with respect to mining activities and to better align activities for which permissions, consents, permits or rights are required in terms of the MPRDA with the Environmental Impact Assessment Regulations Listing Notices 1, 2 and 3
Members of the public are invited to submit comments on or before 4 February 2025. For a copy of the Government Gazette Notice click here.
For ease of reference for a copy of GNR 4361 on 9 February 2024 click here.
For more information or assistance please contact Jan Nel at jan@shangoni.co.za.
