National Environmental Management Laws Amendment Bill: Negotiating Mandates

Meeting report

NEMA negotiating mandate

Mr Kobus Jooste, Committee Content Adviser, read out the Western Cape negotiating mandate on the National Environmental Management Laws Amendment Bill [B14D-2017](s76) (NEMA) to the Committee, and proposed several amendments.

The Chairperson handed over to the Department of Environment, Forestry and Fisheries (DEFF) for comment.

Mr Kgauta Mokoena, Chief Director: Chemicals, Waste Policy, Monitoring and Evaluation, DEFF, said the delegation from the Department would make comments on the proposed amendments.  He presented on the Bill, and said several amendments would be made relating to grammatical errors and definitions.

The Chairperson handed over to Adv Theo Hercules, the State Legal Advisor.

Adv Hercules said the legal team was in the process of capturing all amendments discussed in the meeting by the Department in a draft amendment list for consideration by the Committee at its next meeting. The law advisors still needed to provide their input. Input submitted by the Department was confirmed by the Legal Office.

The Chairperson handed over to Members to begin the voting process.

Mr Jooste asked if the process of voting would be restarted, or if Members would continue from where they left off previously on 22 June.

Mr T Matibe (ANC, Limpopo) suggested that the Committee continue voting from where it had previously left off. Members agreed to this.

Point 7 of the minutes of 22 June captured that there was voting on Clauses 2.1, 2.2, 3.1 and 3.2, so Members would vote from Clause 3.3 onwards.

Mr Jooste read out the amendments for provinces on the virtual platform to give their votes.

Clause 3.3 related to the mechanism to ensure financial safeguarding. The Eastern Cape, Free State, Limpopo, Gauteng, KwaZulu-Natal and Mpumalanga were in support of the amendment. The Northern Cape abstained from voting, and the Western Cape was not on the platform to cast its vote.

Mr Jooste said Clause 4.4 on the definition of “mitigate” would be amended. The Eastern Cape, Free State, Gauteng, Limpopo and Mpumalanga were in support of the amendment. The Northern Cape, North-West and KwaZulu-Natal abstained from voting.

Point 5 dealt with the definition of “rehabilitate.” The Eastern Cape, Free State and Mpumalanga supported the amendment. Gauteng, KwaZulu-Natal and the North-West did not support the amendment. Limpopo and the Northern Cape abstained from voting.

Point 6 proposed an amendment to Clause 1 -- the definition of “remediate”. The Free State supported the amendment. The North West did not support the amendment. The Eastern Cape, KwaZulu-Natal, Gauteng, Limpopo, Mpumalanga and the Northern Cape abstained from voting.

Point 7 from the Western Cape mandate was a proposal to amend Clause 1 -- the definition of “latent environmental impact.”  The Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga and the North-West supported the amendment. The Northern Cape abstained from voting.

Point 8 on the list was the amendment of Clause 2 of Section 2 of NEMA. The Eastern Cape, Free State, Gauteng, Limpopo, Mpumalanga and KwaZulu-Natal supported the amendment. The Northern Cape and North-West abstained from voting.

Point 9 of the mandate proposed the amendment of Clause 4 C and D, the introduction of a new proposed Section 24 (C),2 (B) and  24 (C3). The Eastern Cape supported the amendment. North-West and KwaZulu-Natal did not support the amendment. Limpopo, Gauteng, Mpumalanga, Northern Cape abstained from voting.

Point 10's proposed amendment considered Clause 4 (D), a proposed new Section of 24, (C13). The Eastern Cape and Free State supported the amendment. KwaZulu-Natal, Gauteng, Limpopo, Mpumalanga, Northern Cape and the North-West abstained from voting.

Point 11, proposed by the Western Cape, considered Clause 5, Section (24 G) of NEMA, which proposes new sections 24 (G1), (C2AA), (GDD) and 24 (G1C2) (AAG) (EE). The Eastern Cape, Free State and Gauteng supported the amendment. The North-West did not support the amendment. KwaZulu-Natal, Limpopo, Northern Cape and Mpumalanga abstained from voting. The proposal was not carried.

The Western Cape proposed several sub-items to be voted on.

Point 12 considered Clause 5G. Only an application in terms of Section 22 A of Namaqua was required. Unlawful commencement was proposed to prevent a duplication of the approvals required and a subsequent duplication. The Committee had to vote on Clause 12 (1), Section 22 A of Namaqua of the Western Cape and Clause (2) separately.

Clause 12 (1) The Eastern Cape and Free State supported the amendment. KwaZulu-Natal, Gauteng, Mpumalanga, Limpopo, Northern Cape and North-West abstained from voting. The proposal was not carried.

Point 12 (2) stated that a provision should be included to provide for the closure and lapsing of a Section (G4) application as a result of the application failure to submit outstanding information required. The Eastern Cape, Free State and Gauteng supported the amendment. KwaZulu-Natal and North-West did not support the amendment. Limpopo, Mpumalanga and the Northern Cape abstained from voting.

In point 12.3, the Western Cape submitted that Section 24 G(3) of NEMA must expanded to include paragraph C. The Eastern Cape, Free State and Gauteng supported the amendment. KwaZulu-Natal and North-West did not support the amendment. Limpopo, Mpumalanga and the Northern Cape abstained from voting.

Point 13 submitted by the Western Cape considered Clause 5, Section 24, (G1). The Eastern Cape, Gauteng, Limpopo, Mpumalanga, Northern Cape and North-West abstained from voting. Free State supported the amendment. KwaZulu-Natal did not support the amendment.

Point 14 considered Clause 7, Section 24 (02) for amendment. The Eastern Cape, Free State and Gauteng supported the amendment. KwaZulu-Natal did not support the amendment. Limpopo, Mpumalanga, Northern Cape and North-West abstained from voting.

Point 15 proposed by the Western Cape had four sub-sections. Clause A, Section 24, (P) of NEMA. It was submitted that the clause be redrafted and proposed a new clause for page 10, line 25. The Eastern Cape, Free State and Gauteng supported the amendment. KwaZulu-Natal did not support the amendment. Limpopo, Mpumalanga, Northern Cape and North-West abstained from voting.

Point 15.2 considered the proposal that the new Section 24 (P) must be further amended to provide financial provision more broadly, as opposed to only in remediation of environmental damage. The Eastern Cape and Free state supported the amendment. The North-West and KwaZulu-Natal did not support the amendment. Gauteng, Limpopo, Mpumalanga and the Northern Cape abstained from voting. The amendment was not carried

Point 15.3 referred to Clause 8, which was not defined in NEMA. The Western Cape proposed a solution or alternative approach to this. The Eastern Cape and Free State supported the amendment. KwaZulu-Natal and Gauteng did not support the amendment. Limpopo, Mpumalanga, the Northern Cape and North-West abstained from voting.

In Point 15, Clause 8 refers to the new proposed Section (P4 24), which refers to the holder of an environmental authorisation and the Western Cape’s position on this. The Eastern Cape and Free State supported the amendment. KwaZulu-Natal did not support the amendment. Gauteng, Limpopo, Mpumalanga, the Northern Cape and North-West abstained from voting.

Point 16 dealt with Section 24 (P8) of the Bill. The Eastern Cape and Free State supported the amendment. KwaZulu-Natal did not support the amendment. Limpopo, Gauteng, Mpumalanga, the Northern Cape and North West abstained from voting.

In Point 17, Section 24 P 10 of the Bill, specifically the word “shall” should to be changed to “must”. The Eastern Cape and Free State supported the amendment. KwaZulu-Natal and the North-West did not support the amendment. Gauteng, Limpopo, Mpumalanga and the Northern Cape abstained from voting.

Clauses 8 and 9 of Section 24 (P) and (P A) of NEMA considered proposal number 18 of the Western Cape. The Eastern Cape and Free State supported the amendments. KwaZulu-Natal did not support the amendments. Gauteng, Limpopo, Mpumalanga, the Northern Cape and North-West abstained from voting.

Point 19 considered the proposed amendment of Section 28, 30 and 30 (a) of NEMA. The Eastern Cape and Free State supported the amendments. KwaZulu-Natal, Gauteng, Limpopo, Mpumalanga, the Northern Cape and North-West abstained from voting.

Point 20 considered Clause 12 (b) Section 28 of NEMA in the Bill. The Eastern Cape, Free State and Gauteng supported the amendments. KwaZulu-Natal, Limpopo, Mpumalanga, the Northern Cape and North-West abstained from voting.

Point 21 referred to Clause 15, Section 31 (B B) of NEMA. The Eastern Cape and Free State supported the amendments. KwaZulu-Natal did not support the amendments. Gauteng, Limpopo, Mpumalanga, the Northern Cape and North-West abstained from voting.

Point 22 considered Clause 20, Section 31 (G) of NEMA. The Eastern Cape, Free State and Gauteng supported the amendments. KwaZulu-Natal, Limpopo, Mpumalanga, the Northern Cape and North-West abstained from voting.

Point 23 considered Clauses 21, 22, 23, 24 and 27 of NEMA. The Eastern Cape and Free State supported the amendments. KwaZulu-Natal, Gauteng, Limpopo, Mpumalanga, the Northern Cape and North-West abstained from voting.

Point 24 proposed a change to Clause 25 that amends Section 31 (L4) and 5 of NEMA. The Eastern Cape and Free State supported the amendments. Gauteng did not support the amendments. KwaZulu-Natal, Limpopo, Mpumalanga, the Northern Cape and North-West abstained from voting.

Point 25 referred to Section 31 of NEMA. The Eastern Cape and Free State supported the amendments. Gauteng and Mpumalanga did not support the amendments. KwaZulu-Natal, Limpopo, the Northern Cape and North-West abstained from voting.

Point 26 considered Clause 37, Section 25 (02) of NEMA. The Eastern Cape, Free State, Mpumalanga and Gauteng supported the amendments. KwaZulu-Natal did not support the amendments. Limpopo, the Northern Cape and North-West abstained from voting.

Two points needed to be voted on separately. Both considered Clause 30, Section 34E of NEMA.

Point 27 (1) proposed a change to the provincial act that substantially deals with environmental management included in the relevant sections. The Free State supported the amendments. KwaZulu-Natal did not support the amendments. The Eastern Cape, Gauteng, Limpopo, Mpumalanga, the Northern Cape and North-West abstained from voting.

Point 27 (2) referred to changing the term “must” to “may”. The Eastern Cape, Gauteng, Limpopo, Mpumalanga, the Northern Cape and North-West abstained from voting. The Free State supported the amendment.  KwaZulu-Natal did not support the amendment.

Point 28 dealt with Clause 34 -- amendment of Section 43 (7) of NEMA. The Eastern Cape and Free State supported the amendment. KwaZulu-Natal, Gauteng, Limpopo, Mpumalanga, the Northern Cape and North-West abstained from voting.

Point 29 considered Clause 45, amending Section 49 (AP) of NEMA. The Eastern Cape and Free State supported the amendments. KwaZulu-Natal did not support the amendments. Gauteng, Limpopo, Mpumalanga, the Northern Cape and North-West abstained from voting.

Point 30 considered Clause 34 (B), the amendment of Section 43 (8), and additional new proposed amendments of Section 43 of NEMA. The Eastern Cape and Free State supported the amendments. KwaZulu-Natal, Gauteng, Limpopo, Mpumalanga, the Northern Cape and North-West abstained from voting.

The Chairperson asked Mr Jooste how many clauses the Committee still needed to vote on.

He said there were 15 clauses left.

Ms M Mokause (EFF, Northern Cape) proposed that the Committee reconvene for voting at its next meeting.

The Chairperson agreed, and made brief closing remarks.

The meeting was adjourned.