The National Environmental Management: Air Quality Act has been in operation since 2005. However, the national Department of Environmental Affairs, as well as their provincial counterparts, identified certain provisions in the Act that were absolete. The national norms and standards have now been set and the Act now finally provides for a more effective regulatory framework for air quality control and compliance, as well as enforcement.
During the public participation phase, the committee took note of the various inputs by NGOs, companies and individuals. Enforcement and compliance have been a huge problem throughout the country. The uncontrolled emissions have caused huge health problems in communities, and the big companies have been flouting the law and ignoring the plight of those communities. Therefore, we welcome clause 4 under section 29, which seeks to provide for monitoring, evaluation and reporting requirements on the implementation of the approved pollution prevention plan.
The insertion of the new section 22A in the Act is a move in the right direction and will assist in taking action against emission activities that take place without the necessary authorisation. We also welcome the establishment by the Minister of the national Air Quality Advisory Committee, which will be advising the Minister on quality-related matters.
In many instances, the metropolitan and district municipalities have failed in their duty of taking decisions within the timeframes provided and prescribed. Now, clause 5 of the Bill provides for the MEC or the Minister, as the case may be, to take decisions on the issuing of atmospheric emission licences. Should the MEC not deal with this matter or not have the necessary capacity to fulfil these duties, the Minister will become the issuing authority. Agreeing to this amendment, the committee was mindful of the powers and functions of the municipalities and provinces.
The insertion, under clause 10 of subsection 3 in section 41 of the Act provides for the issuing of a one-year provisional atmospheric emission licence from the date of commissioning. A further one-year option is provided for based on good cause shown to the licensing authority.
The Bill provides for five instances where the Minister will be the licensing authority for applications for the atmospheric emission licence instead of the relevant municipality. These are, namely, where the provincial organ of state is the applicant; where there are cross-boundary activities; a Cabinet-declared activity of national priority; activities related to the National Environment Management Act and the Waste Act; and activities relating to mining. When the Minister issues atmospheric emission licences in a mining area, this must be done after consultation with the relevant municipality.
The National Environmental Management: Protected Areas Amendment Bill of 2013 is an important piece of legislation towards ensuring a sound framework for South Africa's conservation for the present and future generations. The Act provides for the protection and conservation of ecologically viable areas representative of South Africa's biological diversity, and its natural landscapes and seascapes.
The purpose of the Protected Areas Amendment Bill is to give effect to the separation of functions between fisheries and environmental management by removing the marine protected areas, MPAs, from the Marine Living Resources Act being regulated by the Department of Agriculture, Forestry and Fisheries incorporating the MPAs into the National Environmental Management: Protected Areas Act.
The Protected Areas Amendment Bill now focuses on incorporating marine protected areas into the existing protected areas regime. Marine protected areas have become a flagship of marine conservation programmes in many parts of the world. In line with the international community's conservation agendas, South Africa, too, through this Bill, will begin to shape and translate its policies for the marine protected areas.
Marine protected areas offer a range of benefits for fisheries and the marine environment by providing safe havens for depleted fish stocks to recover. They also provide services to local communities that depend on the sea and its resources, increasing food security and reducing poverty.
We must be mindful of the MPAs' targets, as the one-size-fits-all approach will not suit all habitat types. Objectives must be treated with caution and the MPAs must be seen as a tool to be considered in the overall goal of achieving sustainable use of the oceans. The DA will support the Bills. Thank you. [Applause.]