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Enviro Laws Amendment Act

SAFETY PROFESSIONALS IN THE QUARRY INDUSTRY

Take note that in terms of section 51 of the National Environment Laws Amendment Act, 2009, (Act No. 14 of 2009) the President has determined 18 September 2009 as the date on which the said Act shall come into operation, except for section 39 and 44 of the Act.

This notice was given in Government Gazette 32580 No. 65. 2009 dated 18 September 2009.

Take note:

  • Section 39 that has not yet been enacted deals with the insertion of section 81A in the National Environmental Management: Biodiversity Act, 2004, after section 81. The proposed S81A deals with notification requirements;
  • Section 44 that has not yet been enacted deals with the insertion of section 93A in the National Environmental Management: Biodiversity Act, 2004, after section 93. The proposed S93A deals with the renewal and amendment of permits.

The aim of this National Environmental Laws Amendment Act is to amend the:

  • Atmospheric Pollution Prevention Act, 1965, so as to adjust the penalties provided for in the said Act;
  • Environment Conservation Act, 1989, so as to adjust the penalties provided for in the said Act; and to remove the need to publish directions in the Gazette;
  • National Environmental Management Act. 1998, so as to delete certain definitions; to provide for the establishment of fora or advisory committees; to make provision for increased powers of the courts, to remove the requirement that Environmental Management Inspectors must carry notices of designation with them; to extend the scope of routine inspections to the search of vehicles; and to regulate the jurisdiction of magistrate’s courts in instances where the maximum fines have been increased;
  • National Environmental Management: Protected Area Act 2003, so as to provide for general surveillance monitoring; to provide further considerations for a biodiversity management plant to provide that an environment impact assessment must be obtained when genetically modified organisms are involved; to introduce notification requirements in the discovery phase of a bioprospecting project; to take into consideration knowledge of specific individuals when issuing specific bioprospecting permits; to allow the Director-General or a trustee to manage the Bioprospecting Fund; to allow for the renewal or amendment of a permit; to amend the regulations to allow for hunting; and to effect certain textual alterations.
  • National Environmental Management: Air Quality Act, 2004, so as to provide for a processing fee to review a license; and to include Directors or Senior Managers in a juristic person for the criteria for a fit and proper person;
  • And to provide for matters connected therewith.

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