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Ref: 02/1/5/2
MINISTER
QUESTION NO. 35 FOR WRITTEN REPLY: NATIONAL COUNCIL OF PROVINCES
A draft reply to Ms C Labuschagne (DA-WC) to the above-mentioned question
is enclosed for your consideration.
MS NOSIPHO NGCABA
DIRECTOR-GENERAL
DATE:
DRAFT REPLY APPROVED/AMENDED
MRS B E E MOLEWA, MP
MINISTER OF ENVIRONMENTAL AFFAIRS
DATE:
NATIONAL COUNCIL OF PROVINCES
(For written reply)
QUESTION NO. 35 {CW60E}
INTERNAL QUESTION PAPER NO. 4 of 2015
DATE OF PUBLICATION: 27 February 2015
Ms C Labuschagne (DA-WC) to ask the Minister of Environmental Affairs:
(1) What progress has been made to date with regard to the implementation
of the One Environmental System;
(2) whether her Department will publish an explanatory memorandum to
clarify the interaction between the various Acts and Amendment Acts
which form the complex legislative scheme that informs the One
Environmental System; if not, why not; if so, (a) when and (b) what
are the further relevant details;
(3) how will the referral of the Mineral and Petroleum Resources
Development Amendment Act, 2008 (Act 49 of 2008) back to the National
Assembly by the President of the Republic on
16 January 2015 affect the implementation of the One Environmental
System?
35. THE MINISTER OF ENVIRONMENTAL AFFAIRS REPLIES:
1) The Department of Mineral Resources, the Department of Environmental
Affairs and the Department of Water Affairs and Sanitation began to
implement the âOne Environmental Systemâ from 8 December 2014. The
progress made on the subordinate legislation is as follows:
⢠The Environmental Impact Assessment Regulations, 2014 and the
listing notices were published on 4 December 2014 and are in
effect from 8 December 2014;
⢠the National Appeal Regulations, 2014 were published and are in
effect from
8 December 2014;
⢠the National Exemption Regulations, 2014 was published and are
in effect from
8 December 2014;
⢠the Amendments to the Regulations on the Fees for Consideration
and Processing of Environmental Authorisations and Amendments
thereto were published and are in effect from 23 January 2015;
⢠the Amendments to the Regulations on the Fees for Consideration
and Processing of Applications for Waste Management Licences,
Transfer and Renewal thereof were published and are in effect
from 23 January 2015;
⢠the proposed regulations for the financial provisions for
rehabilitation, closure and post-closure of prospecting,
exploration, mining or production operations were published for
comment on 31 October 2014;
⢠the proposed regulations regarding the planning and management
of residue stockpiles and residue deposits from a prospecting,
mining, exploration or production operation were published for
comment on 14 November 2014; and
⢠the proposed listing of residue deposits and stockpiles as a
waste management activity was published on 13 February 2015 for
comment.
(2) (a) and (b) The Department did not plan to do such an explanatory
memorandum, but will consider drafting such explanatory
memorandum when all the Acts, regulations and notices are in
effect, and if there is still a need for such a document. At
present the focus is on implementing the legislation.
(3) The Mineral and Petroleum Resources Development Amendment Act,
2008 (Act No. 49 of 2008) was not referred back to Parliament, but the
Mineral and Petroleum Resources Development Amendment Bill, 2013 was.
The Mineral and Petroleum Resources Development Amendment Act, 2008
(Act No. 49 of 2008) came into effect on 8 December 2014, and all the
environmental provisions have effectively been removed from the
Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of
2002) from that date. At the time that the Mineral and Petroleum
Resources Development Amendment Act, 2008 was enacted, it was
envisaged that a person applying for a prospecting right or mining
right, must simultaneously apply for an environmental authorisation.
These triggers for an environmental authorisation are still contained
in the aforementioned Act. Since then the two Departments further
refined the âOne Environmental Systemâ (and the Department of Water
Affairs and Sanitation also entered into the fray) and agreed on a
different trigger and a maximum time period (300 days) for the issuing
of environmental authorisations, licences and permits in terms of the
National Environmental Management Acts, the Specific Environmental
Management Acts and the National Water Act, 1998. The Mining right or
permit will only be issued after the appeals (which was capped on 90
days) were finalised. However, to implement this system all time-
periods currently still contained in the Mineral and Petroleum
Resources Development Act, 2002 as amended by the Mineral and
Petroleum Resources Development Amendment Act, 2008 had to be removed
and be addressed in regulations. The Mineral and Petroleum Resources
Development Amendment Bill, 2013 removes the time-periods for
licensing from the Mineral and Petroleum Resources Development Act,
2002 and also amends the trigger for an environmental authorisation.
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