1 April 2019 – legislation updates applicable to the environmental field

EIA and EAPs: 

Requirement for Environmental Assessment Practitioner (EAP) Registration Number cannot be used to exclude unregistered EAPs from tendering for projects before 08 February 2020

“The Environmental Assessment Practitioners Association of South Africa (EAPASA) was appointed by the Minister of Environmental Affairs, the Honourable Dr. Edna Molewa, on 08 February 2018 as the single Registration Authority for Environmental Assessment Practitioners (EAPs) in South Africa (see overleaf Regulation No. 104, Gazette Number 41434 of 08 February 2018).

It has been brought to the attention of the EAPASA Board that various authorities and companies requiring services in the field of Environmental Impact Assessment and Management are stipulating a requirement that such service providers must be registered Environmental Assessment Practitioners and provide an EAP Registration Number. This requirement currently has no basis in law as laid out in the attached Section 24H Registration Authority Regulations of the National Environmental Management Act (NEMA), Act 107 of 1998 (Regulation No. 849, Gazette Number 40154 of 22 July 2016).

The legal requirement to be a Registered EAP in order to prepare and/or review Environmental Impact Assessments and Environmental Management Programmes will only come into effect two years after the appointment of EAPASA by the Minister (see regulation 22.(2) of the Section 24H Regulations), which is on 08 February 2020. Prior to this date there can be no legal exclusion of EAPs from tendering processes if they are not registered with EAPASA. For more information email the Registrar or visit the EAPASA website.” [IWMSA 26 March 2019].

Notices:

  1.  Minerals and Petroleum Resources Development Act 28 of 2000 – GN 449 in GG 42346 of 20 March 2019 – Draft Reviewed Housing and Living Conditions Standard for the Minerals Industry
  2.  Conservation of Agricultural Resources Act 43 of 1983 – GN 434 in GG 42323 of 22 March 2019 – Declaration of Seriphium plumosum (Bankrupt bush) as an indicator of bush encroachment in all provinces of South Africa
  3.  National Environmental Management Act 107 of 1998 – GN 435 in GG 42323 of 22 March 2019 – Generic Environmental Management Programme (EMPr) for the development and expansion of substation infrastructure for the transmission and distribution of electricity (Attached)
  4.  National Environmental Management: Protected Areas Act 57 of 2003 – PNs 34 & 35 in PG 8067 of 22 March 2019 – Declaration of nature reserves – Helderberg and False Bay Nature Reserves

For making comments:

  1. National Environmental Management: Protected Areas Act 57 of 2003 – PN 29 in PG 2981 of 15 March 2019 – Intention to declare respective land parcels as nature reserves – Matabane Nature Reserve – Limpopo
  2. National Environmental Management: Protected Areas Act 57 of 2003 – Gen Notice 456 in PG 87 of 19 March 2019 – Intention to declare nature reserves and a protected environment – Crocodile River Reserve Doornrandje and Crocodile River Reserve Central Nature Reserve Cluster, and Crocodile River Reserve Protected Environment – Gauteng
  3. Constitution of the Republic of South Africa, 1996, Local Government: Municipal Systems Act 32 of 2000 – PN 44 in PG 2062 of 28 March 2018 – Draft By-laws: Disaster Management By-law, Water Supply By-law, Waste Removal By-law and Pound By-law – KZN

Interesting readings:

Biodiversity:

  1. The Conversation: Scherz MD “Meet the mini frogs of Madagascar – the new species we’ve discovered” 28 March 2019
  2. The Independent: “More than 1,000 dolphins wash up in France this year with devastating injuries: ‘There’s never been a number this high’” 29 March 2019

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