National Environmental Management Laws Amendment Bill, 2017 [B 14D-2017] Table of comments by the Centre for Environmental Rights on proposed amendments to the National Environmental Management: Air Quality Act, 2004 and the National Environmental Management: Waste Act, 2008

The Centre for Environmental Rights (CER) provides a detailed table of comments and proposed amendments to the National Environmental Management Laws Amendment Bill, 2017. The document focuses on strengthening the National Environmental Management: Air Quality Act, 2004 (NEMAQA) and the National Environmental Management: Waste Act, 2008 (NEMWA), specifically regarding air quality governance, atmospheric emission licences (AELs), and the management of contaminated land.

• The CER opposes a proposed amendment to Section 13 of NEMAQA that would make the establishment of the National Air Quality Advisory Committee discretionary for the Minister. The CER argues that the committee is essential for addressing widespread non-compliance with national ambient air quality standards (NAAQS) and emission standards, which have caused severe health impacts.
• The CER identifies significant failures in the management of the Highveld Priority Area (HPA). It notes that a draft Medium-Term Review of the 2012 HPA Air Quality Management Plan, dated December 2015, was not made available until February 2017 and remained unfinished, showing negligible improvement in air quality.
• Regarding Section 22A of NEMAQA, the CER recommends that persons operating unlawfully without an atmospheric emission licence (AEL) be explicitly required to apply for one. They also propose that administrative fines for such conduct be subject to a public notice and comment process in the Gazette before being issued.
• The CER argues that the threshold for revoking or suspending an AEL under the proposed Section 47A is too high. They suggest removing the requirement for the licensing authority to prove a "significant detrimental effect" on the environment or health, proposing instead that the authority act if it "is of the opinion" or "suspects" a contravention has occurred.
• The CER criticizes the proposed amendment to Section 41 of NEMWA, which would remove 'investigation areas' from the National Contaminated Land Register (NCLR). The CER contends this reduces transparency and prevents the public from tracking the progress of investigations or identifying potential risks to health and the environment.
• The CER highlights a lack of clarity and accountability in the notification and assessment of contaminated land, citing ArcelorMittal South Africa (AMSA) as an example. The CER notes that AMSA took approximately two and a half years to submit a site assessment report for its Vanderbijlpark works after a 2015 notice, and that the report contained numerous inconsistencies.
• The CER recommends that the definition of "contaminated" in Section 1 of NEMWA be clarified, as the current ambiguity leads to interpretation disputes. They further argue that soil screening values should not make arbitrary distinctions between standard and informal residential land uses, which could allow lower levels of contamination to be overlooked.

APA

Centre for Environmental Rights (2020). National Environmental Management Laws Amendment Bill, 2017 [B 14D-2017] Table of comments by the Centre for Environmental Rights on proposed amendments to the National Environmental Management: Air Quality Act, 2004 and the National Environmental Management: Waste Act, 2008. https://cer.org.za/wp-content/uploads/2020/02/CER-PCC-NEMLAB-B14D_2017-Comments-on-AQA-and-NEMWA-24.01.2020.pdf?x21779

Chicago

Centre for Environmental Rights. National Environmental Management Laws Amendment Bill, 2017 [B 14D-2017] Table of comments by the Centre for Environmental Rights on proposed amendments to the National Environmental Management: Air Quality Act, 2004 and the National Environmental Management: Waste Act, 2008. 2020. https://cer.org.za/wp-content/uploads/2020/02/CER-PCC-NEMLAB-B14D_2017-Comments-on-AQA-and-NEMWA-24.01.2020.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=National Environmental Management Laws Amendment Bill, 2017 [B 14D-2017] Table of comments by the Centre for Environmental Rights on proposed amendments to the National Environmental Management: Air Quality Act, 2004 and the National Environmental Management: Waste Act, 2008 |date=24 January 2020 |url=https://cer.org.za/wp-content/uploads/2020/02/CER-PCC-NEMLAB-B14D_2017-Comments-on-AQA-and-NEMWA-24.01.2020.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights2020national, author = {{Centre for Environmental Rights}}, title = {{National Environmental Management Laws Amendment Bill, 2017 [B 14D-2017] Table of comments by the Centre for Environmental Rights on proposed amendments to the National Environmental Management: Air Quality Act, 2004 and the National Environmental Management: Waste Act, 2008}}, institution = {Centre for Environmental Rights}, year = {2020}, month = jan, url = {https://cer.org.za/wp-content/uploads/2020/02/CER-PCC-NEMLAB-B14D_2017-Comments-on-AQA-and-NEMWA-24.01.2020.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }