Advancements in Environmental Management Laws in South Africa

South Africa has taken a significant step towards ensuring a sustainable environment for its citizens. On June 30, 2023, the majority of provisions within the National Environmental Management Laws Amendment Act (NEMLAA) of 2022 have come into effect. The NEMLAA is a comprehensive law that amends various environmental management acts and addresses a wide range of environmental concerns.

Amendments to Environmental Management Acts

The NEMLAA 2022 amends the National Environmental Management Act of 1998 (NEMA) as well as several other specific acts, such as the Protected Areas Act, Biodiversity Act, Air Quality Act, Integrated Coastal Management Act, and Waste Act. The Amendment Act also updates the National Environmental Management Amendment Act, 2008 and the National Environmental Management Laws Amendment Act, 2014.

Objectives of the NEMLAA 2022

One of the primary objectives of the NEMLAA 2022 is to correct and clarify definitions and measures related to the creation and adoption of environmental management instruments, appeal processes, and financial provisioning requirements. The Act also aims to establish new requirements for NEMA section 24G applications for environmental authorizations and waste management licenses.

Noteworthy Amendments

Some of the noteworthy amendments in the NEMLAA 2022 include:

• In the Protected Areas Act, the power to prohibit specific activities in marine protected areas has been granted.
• In the Biodiversity Act, the Minister now has the authority to ban certain activities that may negatively impact animal well-being, while also providing clarity on measures to eradicate listed invasive species.
• In the Air Quality Act, the Minister can exercise discretion in establishing the National Air Quality Advisory Committee.
• In the Integrated Coastal Management Act, provisions now allow for the removal of structures erected before the Act’s commencement.
• In the Waste Act, there will be no exemptions from the requirement to obtain a waste management license.

Unconstitutional Provisions

However, the Constitutional Court declared several provisions related to the definition of “waste” and the associated terms “commercial value” and “trade-in” unconstitutional and invalid on June 26, 2023. Parliament failed to facilitate sufficient public involvement during the consideration of these provisions. Consequently, these sections will not come into effect, and the current definition of “waste” in the National Environmental Management: Waste Act (NEMWA) remains in force. For these provisions to proceed, the public must be given an opportunity to provide inputs and comments.

Implementation of Amendments

Not all provisions of NEMLAA 2022 will come into effect immediately due to ongoing work to ensure their practical implementation. However, the majority of the amendments are expected to have a positive impact on South Africa’s environment, promoting sustainable development and responsible resource management.

Proactive Approach to Environmental Management

The NEMLAA 2022 reflects South Africa’s commitment to addressing environmental concerns, preserving biodiversity, and ensuring the well-being of its people. These amendments demonstrate a proactive approach to environmental management while also acknowledging the need for public involvement and input in environmental decisions. South Africa is setting a commendable example for other nations to follow as the global community works together to protect and preserve the planet for future generations.