National Environment Laws Amendment Act, 2008 (No. 44 of 2008)

Government Gazette REPUBLIC OF SOUTH AFRICA Vol. 522 Cape Town 5 December 2008 No. 31685 THE PRESIDENCY No. 1318 5 December 2008 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 44 of 2008: National Environment Laws Amendment Act, 2008. AIDS HELPLINE: 0800-123-22 Prevention is the cure 1 No. 31685 GOVERNfv1ENT GAZETTh, .S DECEMBER 2008 Ad No. 44, 2008 NATIONAL ENVIRONMENT LAWS AMENDMENT ACT. 1008 GENERAL EXPLANATORY NOTE: Words in bold type in s4uare brackets indicate omissions from existing enactmt:!nts. Words underlined with a solid line indicate insertions in existing enactmcnls. ( EnRlish text signed by the President.) (Assented to 3 December 2008.) ACT To provide for the Atmospheric Pollution Prevention Act, 1965, to be regarded as a specific environmental management Act until section 60 of the National Environmental Management: Air Quality Act, 2004, takes ell'ect; to amend the Environment Conservation Act. 1989, so as to rectify certain incorrect references in the Act; to amend the National Environmental Management Act, 1998, so as to clarify an uncertainty in the Act concerning certain definitions; to authorise the l\!linister of Water Affairs and Forestry to designate persons as environmental management inspectors; to provide for environmental management inspectors to be regarded as peace officers as contemplated in the Criminal Procedure Act, 1977; and to provide for a penalty for the offence of failing to comply with a compliance notice in terms of section 31N of the National Environmental Management Act, 1998; and to amend the National Environmental Management: Air Quality Act, 2004, so as to substitute Schedule 1 to that Act; and to provide for matters connected therewith. BE IT ENACTED hy the Parliament of the Rcpuhlic of South Africa, as follows: Atmospheric Pollution Prevention Act, 1965, to be regarded as specific environ mental management Act 1. (I) Subject to suhscction (2). the Atmospheric Pollution Prevention Act. 1965 (Act 5 No. 45 of 1965). must he regarded as a specific environmental management Act for the purposes of the National Environmental Management Act. I 998 (Act No. I 07 of 1998). (2) This section lapses when section 60 of the National Environmental Management: Air Quality Act. 2004 (Act No. 39 of 2004), takes effect. Amendment of section 29 of Act 73 of 1989, as amended by section 18 of Act 79 of I 0 1992, Proclamation R29 of 1995 and Proclamation R43 of 1996 2. Section 29 of the Environment Conservation Act, 1989, is hen:by amended hy the substitution for suhsection (4) of the following subsection: "(4) Any person who contravenes a provision of section 20( I), [20(6)] 20(9), 22( I) or 23(2) or a direction issued under section 120(5)] 20(8) or fails to comply 15 4 No. 31685 GOVERNMENT GAZETTE. 5 DECEMBER 2008 A"t No. 44, 2008 NATIONAL ENVIRON\.1ENT LAWS AMENDMENT ACT, 2008 with a condition of a permit. permission, authorization or direction issued or granted under the said provisions shall be guilty of an offence and liable on conviction to a fine not exceeding R100 000 or to imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment. and to a fine not exceeding three times the commercial value of any thing in respect of which the 5 offence was committed.''. Amendment of section 1 of Act 107 of 1998, as amended by section 1 of Act 56 of 2002, section 1 of Act 46 of 2003, section 1 of Act 8 of 2004 and section 60 of Act 39 of 2004 3. Section 1 of the National Environmental Management Act. 1998. is hereby I 0 (a) by the deletion in subsection (I) of the definition of "specific environmental management Al·ts"; and (b) hy the suhstitution in subsection (I) for the <ld1nition of ··specific environmental ma11agernent Act'' of the following definition: 15 ·· •specific environmental management Act' means ( a) the Environment Conservation Act, 1989 (Act No. 73 of 1989); (b) the National Water Act, 1998 (Act No. 36 of 1998): (c) the National Environmental Management: Protected Areas Act. 2003 (Act No. 57 of 2003 ); 20 (d) the National Environmental Management: Biodiversity Act, 2004 (Act No. IO of 2004 ); or ( e) the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004), and includes any regulation or other suhordinate legislation made in 25 tc1ms of any of those Acts; ... Insertion of section 31BA in Act 107 of 1998 4. The following section is hcrchy inserted in the National Environmental Management Act. 1998. after section ~ I B: '•Designation of environmental management inspectors by !\itinistcr of 30 Water Affairs and Forestry 31BA, (I J The Minister of Water Affairs and Forestry may (a) designate as an environmental management inspector. any staff memher of (i) the Department of Water Affairs and Forestry: or 35 (ii) any other organ of state: and (b) at any time withdraw a designation made in terms of paragraph (a). (2) A designation in terms of subsection (I)( a)(ii) may only be made by agreement between the Minister of Water Affairs and Forestry and the relevant organ of state.". 40 Substitution of section 31D of Act 107 of 1998, as inserted by section 4 of Act 46 of 2003 5. The following section is herchy substiLUtcd for section ~ID of the National Environmental Management Act. 1998: ''Mandates 45 31D. ( 1) When designating a person as an environmental management inspector, the Minister. the Minister of Water Affairs an<l Forestry or MEC.: as the case may~- must. subject to subsection (2), determine whether thL' person concerned is designated for the enforcement of ~)~•-: ~ (b) a specific environmental management Act: (c) specific provisions or this Act or a specific environmental manage ment Act: 6 GOVER:<\4D/T GAZETTI'. 5 DEC'hM Hr.R 2ll08 Act No. 44, 2008 l\"ATJONAL ENVIRONMENT LAWS AME!\DMENT ACT, 2008 (d) this Act and all spccilk environmental management lu.:ts: or ( e) any combination of those Acts or provisions of those Acts. (2) An MEC may designate a person as an environmental management inspector for the enforcement of only those provisions of this Act or any ~pccifk environmental management Act- 5 (a) which are administered by the MEC or a provincial organ of state: or ( b) in rcspc<.:t of which the MEC or a provincial organ of stall.' cxcn.:bcs or performs assigned or delegated powers or duties. 0) A person c.ksignate<l as an environmental management im,pcctor may exerci~e any of the powers given to environmental management inspectors 10 in terms of this Act that are necessary for the inspector·s mandate in terms of ~uhscction (I) and that may be specified by the Mini~tcr, the Minister of Water Affairs and Forestry or MEC by notice in writing to the inspector., .. Amendment of section 31H of Act 107 of 1998, as inserted by section 4 of Act 46 of 2003 15 6. Section ) 1 H of the National Environmental Management Act, 1998, is hereby amended by the substitution for subsection (5) of the following subsection: "(5) Tn .iddition to the powers set out in this Part. an environmental management inspector must he regarded .is being a peace officer and may exercise all the powers assigned to a peace ofli<:.:er, or to a police official who is not a commissioned officer, 20 in terms of Chapters 2, 5, 7 and 8 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977)~ (a) to comply with his or her mandate in terms of section 31D: and (b) within the area of jurisdiction for which he or she has hccn designated.". Amendment of section 31N of Act 107 of 1998, as inserted by section 4 of Act 46 of 25 2003 7. Section JIN of the National Environmental Managcmenl Act. 1998, is hen;by amended by lhc addition of the following suhscction: "O) A person convicted of an offence in terms of suhscction (I) is liahlc to a Hrn: not exceeding five million rand or to imprisonment for a period not exceeding l O 30 vears or to both such fine and such imprisonment.". Substitution of Schedule 1 to Act 39 of 2004 8. l11e following Schedule is hereby substituted for Schedule 1 to the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2(Xl4): 8 No. 31685 GOVER~MENT GAZETff. S llhCEM~ER 2008 Ad No. 44, 2008 NATJONAL ENV!ROKMENT LAWS AMF.NDM,-.:1\T ACT, :2008 1\'o. and vear of Act A<:t No. 45 of 1965 Act No. 17 of 1973 Act No. 21 of 198! Act l\o. 15 of 1985 '"SCHEDULE I (Section 60) Legislation repealed Short title Atmoseheric Pollution Prevention Act. 1965 At1110s12heric Pollution Prevention Aml'ndrnent Act. 1973 AtmosQhl'ric Pollution Prevention Aml'ndrnenl Act. 1981 Atmosrhcric Pollution Prevention Amendment Act. 1985 Short title and commencement Extent uf reeeaJ The whole The whole The whole The whole .. 5 10 9. This Act is called the National Environment Laws Amendment Act. 2008. and takes 15 cffcd on a date dctcrmincd hy the Minister of Environmental Affairs and Tourism hy notice in the Ga:,ettl'.