National Environmental Management Laws Amendment Bill, 2017 [B14D-2017] Supplementary Table of comments

The Centre for Environmental Rights (CER) provides a supplementary table of comments on the National Environmental Management Laws Amendment Bill, 2017 [B14D-2017]. The document details proposed amendments to several South African environmental laws, including the National Environmental Management Act (NEMA), the Protected Areas Act (NEMPAA), and the Integrated Coastal Management Act (NEMICMA), offering specific critiques and alternative wording to strengthen environmental protection and enforcement.

• The CER argues that Section 24G of NEMA, which allows for the legalisation of activities commenced without environmental authorisation, may act as a "perverse incentive" for developers to bypass initial authorisation processes because it is often "simpler and faster and may be less expensive" to obtain authorisation after the fact.
• The CER strongly opposes a proposed amendment to Section 24O(2) that would allow an Environmental Assessment Practitioner (EAP) to consult with State departments in place of, or in addition to, the decision-maker. The CER contends this "jeopardises impartiality and invites undue influence" and may lead to the concerns of interested and affected parties not being adequately reflected to the decision-maker.
• Regarding financial provisioning for mining, the CER supports the timeframes for review and independent audits in the proposed Section 24PA, but notes that this section lacks protection against the Insolvency Act, unlike Section 24P. The CER proposes that financial provision under Section 24PA also be protected from the Insolvency Act to ensure funds are properly ring-fenced.
• The CER expresses concern over the repeal of Section 24S of NEMA, which managed residue stockpiles and deposits under the Waste Act (NEMWA). The CER argues that the Bill does not sufficiently provide for the management of these stockpiles under NEMA and recommends amending Listing Notices 1 and 2 to specifically include activities related to residue stockpiles and deposits, including those from historic mines and dumps.
• The CER proposes that Section 28(11) of NEMA be amended to establish "joint and several liability" for responsible persons regarding the recovery of costs for remedial measures. They argue that the current proportional liability approach is inconsistent with the duty of care and may impede effective cost recovery by the State.
• The CER recommends that the Minister prescribe a Code of Conduct for all environmental management inspectors (EMIs) and environmental mineral and petroleum inspectors (EMPIs) within one year of the Act's commencement. This code should include requirements for "Responsiveness" (feedback to complainants) and "Transparency" (reporting of complaints and directives).
• The CER vigorously opposes a proposed amendment to Section 43(9) that would allow a Minister to uplift the automatic suspension of an environmental authorisation pending an appeal. Drawing on experiences with the National Water Act, the CER argues that uplifting such suspensions effectively dismisses appeals without considering their merits and risks irreparable environmental harm.
• The CER strongly recommends reinstating provisions that allow competent authorities to suspend or withdraw environmental authorisations in cases of non-compliance or when changed circumstances warrant it. They argue this is an "extremely effective environmental compliance monitoring and enforcement tool," particularly for ongoing operations like mines.
• In relation to the Protected Areas Act (NEMPAA), the CER proposes that the prohibition of commercial mining and prospecting in protected environments be explicitly extended to include "directional drilling, underground mining and related activities," as well as "mountain catchment areas."
• The CER proposes the insertion of a new section in NEMPAA to regulate "buffer zones" around national parks, world heritage sites, and nature reserves. They argue that current policies are not binding and that mandatory, binding Buffer Zone Policies are necessary to prevent high-impact developments from compromising protected areas.
• The CER opposes the proposal to deem environmental management plans (EMPs) or programmes (EMPRs) approved under the Mineral and Petroleum Resources Development Act (MPRDA) as environmental authorisations (EAs) under NEMA. They argue this would lower environmental standards and blur the distinction between impact assessment and environmental management.

APA

Centre for Environmental Rights (2020). National Environmental Management Laws Amendment Bill, 2017 [B14D-2017] Supplementary Table of comments. https://cer.org.za/wp-content/uploads/2020/02/CER-Supplementary-Table-of-Comments-for-PPCEA-submission_NEMLAB-4-January-2020.pdf?x21779

Chicago

Centre for Environmental Rights. National Environmental Management Laws Amendment Bill, 2017 [B14D-2017] Supplementary Table of comments. 2020. https://cer.org.za/wp-content/uploads/2020/02/CER-Supplementary-Table-of-Comments-for-PPCEA-submission_NEMLAB-4-January-2020.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=National Environmental Management Laws Amendment Bill, 2017 [B14D-2017] Supplementary Table of comments |date=31 January 2020 |url=https://cer.org.za/wp-content/uploads/2020/02/CER-Supplementary-Table-of-Comments-for-PPCEA-submission_NEMLAB-4-January-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 [B14D-2017] Supplementary Table of comments}}, institution = {Centre for Environmental Rights}, year = {2020}, month = jan, url = {https://cer.org.za/wp-content/uploads/2020/02/CER-Supplementary-Table-of-Comments-for-PPCEA-submission_NEMLAB-4-January-2020.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }