AfriForum

1. AfriForum THE NATIONAL ENVIRONMENTAL MANAGEMENT LAWS AMENDMENT BILL, 2013 By Julius Kleynhans, Head of Environmental Affairs Parliament, 18 September 2013 www.afriforum.co.za • 0861 10 200 30

2. ‘One Environmental System‘ www.afriforum.co.za • 0861 10 200 30

3. ‘EMI’ • Environmental management inspector and Environmental mineral resources inspector must both, although specialist areas, fall under the Department of Environmental Affairs. • The Minister of Environmental Affairs must be the responsible authority to regulate and implement environmental matters relating to prospecting, mining, exploration, production, residue deposit and residue stockpile. • The Minister of Minerals is responsible for economic growth through mining etc. where the Minister of Environmental Affairs should ensure that the environment is protected and conserved through sustainable development and be able to indicate the no-go zones. www.afriforum.co.za • 0861 10 200 30

4. DEA vs DMR • The Environmental Authorisation (EA) process must remain with the Department of Environmental Affairs (DEA) to avoid a monopoly forming in those departments who are chasing economic development like the Department of Minerals (DMR). • It seems like the DMR is trying to issue as much licenses as possible not having any sympathy with the environment. • All NEMA listed activities must apply to mining areas, there are to many unresolved views around the topic. www.afriforum.co.za • 0861 10 200 30

5. Monopoly • We cannot see how the DMR will take a mine to court due to environmental issues • We cannot see how DMR will not issue a licence due to environmental sensitivity • We cannot see the DMR enforcing environmental legislation • This will be like Putco busses having their own Metro Policing Department – they will be untouchable and reckless

6. DEA Capacity • The capacity and expertise of the DEA must be broadened to cater for the ever increasing market to ensure environmental compliance in all sectors and sustainable development for the future. • There is insufficient personnel and high staff turnover within the Departments. • Specialist EMI’s should evolve to ensure compliance and enforcement in the mining sector • Specialist courts must be considered to start ensuring compliance in South Africa www.afriforum.co.za • 0861 10 200 30

7. Minister of DEA • Must be the competent authority to give environmental authorization for mining-related activities and must address all issues triggered in terms of NEMA, whether it is related or unrelated to mining activities; • Must become the licensing authority for those waste management activities involving residue deposits and residue stockpiles on a mining area. • We agree that appeals be dealt with by the DEA. The DEA must also be the authority in charge of EA and EMP’s to ensure sustainable development and informed decision-making. www.afriforum.co.za • 0861 10 200 30

8. State Bound • This legislation must be state bound and all compliance enforcement, criminal liability and penalties must be bound to state to ensure that the law is respected by all and implemented democratically. • The State is the custodian of our minerals, water and natural resources and they should also be accountable to the well-being of these natural assets. www.afriforum.co.za • 0861 10 200 30

9. Thank you Parliament • AfriForum would like to thank Parliament for the opportunity to comment on this essential legislation to ensure the most effective legislation be drafted to increase best decision making principles for sustainable development in a growing South Africa.