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National Environmental Management Act, 1998 (Act No. 107 of 1998)

Environmental Matters relating to Mining

 

 

[* Please note that this document is taken from the National Environmental Management Amendment Act, No. 62 of 2008 which can be found in Government Gazette No. 31789 dated 9 January 2009].

 

13) Amendment of principal Act in order to transfer to Minister of Environmental Affairs and Tourism power in respect of environmental matters in so far as it relates to mining

 

The principal Act as amended by this Act is amended to the extent specified in the Schedule with effect from a date 18 months after the date on which the provisions relating to prospecting, mining, exploration and production and related activities comes into operation in terms of section 14(2) of this Act.

 

14) Short title and commencement

 

1) This Act is called the National Environmental Management Amendment Act, 2008, and comes into operation on a date determined by the President by proclamation in the Gazette.

 

2) Notwithstanding subsection (1), any provision relating to prospecting, mining, exploration and production and related activities comes into operation on a date 18 months after the date of commencement of-
a) section 2; or
b) the Mineral and Petroleum Resources Development Amendment Act, 2008,

whichever date is the later.

 

 

SCHEDULE

(Section 13)

 

 

1) Amendment of section 1 of Act 107 of 1998

 

Section 1 of the principal Act is hereby amended-

by the substitution for the definition of "Minister" of the following definition:

a) "Minister'[, in relation to all environmental matters except environmental matters relating to prospecting, mining, exploration, production and related activities on a prospecting, mining, exploration or production area,] means the Minister of Environmental Affairs and Tourism;"; and
b) by the deletion of the definition of "Minister of Minerals and Energy".

 

2) Amendment of section 24C of Act 107 of 1998

 

Section 24C of the principal Act is hereby amended by the deletion of subsection (2A).

 

3) Amendment of section 24M of Act 107 of 1998

 

Section 24M of the principal Act is hereby amended by the deletion of subsection (2).

 

4) Amendment of section 24R of Act 107 of 1998

 

Section 24R of the principal Act is hereby amended by the substitution for subsection (4) of the following subsection:

 

"(4) The Minister may, [in] after consultation with the Minister of Minerals and Energy and by notice in the Gazette, identify areas where mines are interconnected or their impacts are integrated to such an extent that the interconnection results in a cumulative impact.".

 

5) Repeal of section 42B of Act 107 of 1998

 

Section 42B of the principal Act is hereby repealed.

 

6) Amendment of section 43 of Act 107 of 1998

 

Section 43 of the principal Act is hereby amended-

a) by the deletion of subsections (1A) and (1B); and
b) by the substitution for subsection (4) of the following subsection:

 

"(4) An appeal under subsection (1)[, (1A), (1B)] or (2) must be noted and must be dealt with in the manner prescribed and upon payment of a prescribed fee.".

 

7) Amendment or substitution of certain expressions

 

The principal Act is hereby amended-

a) by the deletion of the expression "or the Minister of Minerals and Energy, as the case may be," wherever it appears in section 24(1), section 24F(1)(a) and section 24G(1);
b) by the deletion of the expression ", Minister of Minerals and Energy" wherever it appears in section 24M(4);
c) by the deletion of the expression ", the Minister of Minerals and Energy," wherever it appears in section 24N(1), (1A), (5) and (6) and section 240(1) and (2); and
d) by the substitution for the expression "Minister of Minerals and Energy", wherever it appears in section 24N(4) and (7), section 240(4) and (5), section 24P(1), (2), (3), (4) and (5) and section 24R(1) and (2), of the word "Minister".
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