National Forests Amendment Act, 2022

This section summarizes changes to environmental and mining law, including financial provisioning, rehabilitation, inspections, and enforcement powers.

This amendment Act updates several environmental laws, including rules on appeals, offences, licences, waste management, protected areas, biodiversity, and air quality.

This section is part of an amendment Act and describes changes about prior compliance, appeals under the Mineral and Petroleum Resources Development Act, and transitional arrangements for residue stockpiles, residue deposits, and the Waste Management Bureau.

This section amends section 1 of the National Environmental Management Act, 1998 by inserting and replacing several definitions.

This section amends Article 1 by replacing the definition of “financial provision” and adding new definitions, including “Constitution” and “indigenous knowledge practitioner.”

This section adds and replaces definitions used in the Act, including terms for financial provision, mining activity, rehabilitation, mitigation, and several municipal and environmental terms.

Section heading and publication details only; no substantive rule is stated in the provided text.

This amendment says the environmental management sector must recognise and promote the participation of previously disadvantaged professionals, especially black professionals and indigenous knowledge practitioners.

This section amends Section 24 to allow certain activities in specified environmental management areas to proceed without environmental authorisation in some cases, and it requires the Minister to keep a public register of environmental management instruments.

The amendment says full participation of previously disadvantaged professionals, especially black professionals and indigenous knowledge practitioners, in the environmental management sector must be recognised and promoted.

This amendment lets designated environmental activities be managed through approved environmental management instruments and requires the Minister to keep a public register of approved instruments.

This section is a heading that amends section 24C of the 1998 Act.

This provision amends section 24C and adds rules for when environmental authorisation applications must be submitted together with other licences, permits, or authorisations.

This provision amends Section 24G of the National Environmental Management Act, 1998.

The provision changes who must be treated as the competent authority for certain environmental and mining-related activities, and it adds rules for parallel applications and an integrated decision.

This section amends section 24G of the National Environmental Management Act, 1998, by replacing paragraph (b) in subsection (1).

If unlawful listed, specified, or waste-management activity has started in the stated circumstances, the Minister, the Minister responsible for mineral resources, or the MEC concerned must direct the applicant to stop, assess, and remedy the activity-related impacts.

The Minister, mineral resources Minister, or MEC may require an applicant to compile an environmental management programme or provide further information or studies, and a person in subsection (1) must pay an administrative fine of up to R10 million before those decisions can be made.

An environmental management programme must include prescribed information, and a person covered by subsection (1) must pay an administrative fine of up to R10 million before the Minister, the Minister responsible for mineral resources, or the relevant MEC may act under subsection (2)(a) or (b).

An environmental management programme must include prescribed information and set out measures, monitoring, reporting, rehabilitation, and pollution-control arrangements.

This section identifies an amendment to section 24O of Act 107 of 1998.

Certain officials and an environmental assessment practitioner must consult relevant organs of state when considering an environmental authorisation application, and consulted organs of state must comment within 30 days of a written request.

This section requires financial provision to be set aside in prescribed cases, and gives the Minister or an MEC with the Minister’s concurrence power to prescribe when that applies.

This provision changes section 24O to require consultation when certain environmental-authority decisions are being considered, and requires a consulted state organ to submit comments within 30 days after a written request.

This provision lets the Minister, or an MEC with the Minister’s consent, prescribe when financial provision is required for environmental remediation and related activities.

The section lets the Minister identify financial provisioning vehicles by notice, allows the listed authorities to appoint an independent assessor or use the financial provision if a holder fails to act, and limits use of the financial provision to specified rehabilitation purposes.

Mining-related holders must keep and manage financial provision, audit and report on it, publish reviews, and use it only for specified rehabilitation purposes.

Holders of mining environmental authorisations or old-order rights must keep financial provision in place and comply with review, audit, reporting, publication, and annual rehabilitation-related steps.

The Minister responsible for mineral resources may approve annual drawdowns of the financial provision, and must access insurance funds on closure certificate issuance. The Minister responsible for mineral resources or the Minister responsible for water affairs may also use the financial provision, after written notice, if a person fails to mitigate and rehabilitate impacts.

This provision amends section 24R so mining-related holders and owners remain responsible for environmental harm and mine closure duties, and it repeals section 24S.

Section 24S of the National Environmental Management Act, 1998 is repealed.

The Minister responsible for mineral resources may approve certain annual withdrawals of financial provision, and may use financial provision to address failures to mitigate and rehabilitate environmental impacts.

Holders and mine owners remain responsible for environmental obligations and must plan, manage, and implement prescribed mine-closure procedures.

This provision repeals Artikel 24S of the Wet op Nasionale Omgewingsbestuur, 1998.

This provision amends Article 28 of the National Environmental Management Act, 1998, including the wording in subsection (3)(d).

Certain officials may direct a person linked to significant pollution or environmental degradation to stop the activity and take remedial steps; before issuing the directive, they must usually give written notice and a chance to respond.

The listed authorities may claim costs proportionally from beneficiaries, and any person may apply to court after 30 days’ notice if the authority does not notify them in writing.

This provision amends section 31B by replacing subparagraph (ii) so it refers to any other organ of state that executes a regulatory function.

This section amends section 31BA by replacing two subparagraphs.

This section amends Section 31BB and lets the Minister responsible for mineral resources designate certain staff or other qualifying organs of state as environmental mineral resource and petroleum inspectors.

This provision amends Article 31B by replacing a subparagraph with a new wording about another state organ performing a regulatory function.

This provision amends section 31BA of the National Environmental Management Act, 1998, by replacing subparagraphs (i) and (ii) in subsection (1)(a).

This section amends Article 31BB of the National Environmental Management Act, 1998.

This section is the heading for an amendment of section 31C of Act 107 of 1998.

This section amends Section 31C of the National Environmental Management Act, 1998 by replacing a listed subparagraph.

This section amends section 31D to expand inspector-related powers and duties, including who may be designated and when the Minister may direct inspectors.

This provision amends section 31C of the Act and refers to an amendment of section 31D.

This section expands who may appoint environmental inspectors and requires those inspectors to exercise their statutory powers as directed by the Act.

This section is a heading stating that section 31E is being amended.

This section amends section 31E to add inspection training and allow the Minister to prescribe a code of conduct for designated inspectors.

Designated environmental inspectors must be issued a prescribed identity card, and they must show it on demand when exercising their powers or duties.

The section is amended so certain inspectors may access and inspect property, objects, or pack-animals to check compliance.

This amendment lets the Minister prescribe a code of conduct for designated environmental management inspectors and inspectors for minerals and petroleum.

Certain environmental inspectors must be issued a prescribed identity card, and they must show it to any member of the public on request while exercising their powers or duties.

This section amends Article 31G to let certain inspectors enter and inspect property, objects, or pack animals to check compliance, and it allows specified Ministers or an MEC to issue instructions for those inspections.

This section is a heading indicating that section 31H of Act 107 of 1998 is amended.

Environmental inspectors may question people, issue written notices, remove unlawful waste, and give lawful instructions within their mandate. A person who gets a written notice must answer truthfully, even if the answer incriminates them, but that incriminating answer cannot be used against them in later criminal proceedings under the listed environmental laws.

This provision amends section 31H to expand inspectors’ questioning and notice powers and to require a person who receives a written notice to answer questions honestly.

Environmental management inspectors and environmental mineral and petroleum inspectors are treated as peace officers and may use the powers given to peace officers, or certain non-commissioned police officials, under specified chapters of the Criminal Procedure Act.

Environmental inspectors may direct or themselves handle seized items, immobilise seized vehicles/vessels/aircraft, and require import/export permit documents for certain species specimens.

This provision expands inspector powers to search and seize transport without a warrant in specified circumstances, and adds peace-officer-style powers.

This section amends Article 31I to give environmental inspectors powers over seized articles, vehicles, vessels, aircraft, and certain import/export permits.

An environmental management inspector for minerals and petroleum may, within the inspector’s mandate, enter and search certain transport without a warrant on reasonable suspicion, and may seize transport or items in it without a warrant.

Environmental inspectors may act without a warrant, use powers under section 31H for vehicles, vessels, or aircraft, and apply to police commissioners for written authorisation to set up a roadblock or checkpoint.

This section amends inspection and warrant powers for environmental inspectors, including warrantless routine inspections and the ability to seek police authorisation for roadblocks or checkpoints.

The section expands inspector powers to conduct routine inspections, enter and inspect non-residential premises without a warrant, and inspect residential premises with a warrant issued by a magistrate.

Environmental inspectors may exercise the powers listed in section 31H on specified premises, land, vehicles, vessels, aircraft, containers and similar items.

This section amends rules for compliance notices under section 31L, including who may issue them, when they may be varied, and when recipients must comply.

Inspectors may issue and later amend compliance notices, and the recipient must comply unless suspension is agreed by the listed authority.

This section is an amendment heading for section 31M of an earlier Act.

This section amends section 31M so that a person who receives a compliance notice may object in writing within 30 days, or within a longer period set by the relevant authority.

If a person fails to comply with a compliance notice, an environmental management inspector or an environmental mineral and petroleum inspector must report the non-compliance to specified authorities.

This amendment gives SAPS members certain environmental enforcement powers and lets specified ministers assign additional powers by written notice with concurrence.

A person who receives a compliance notice may object in writing within 30 days, and the relevant authority may confirm, amend, or withdraw the notice and must state any compliance period for a confirmed or amended notice.

This provision amends section 31N of the National Environmental Management Act, 1998, changing the wording that applies when a person fails to comply with a compliance notice.

This amendment gives South African Police Service members certain environmental enforcement powers and allows specified Ministers or an MEC to grant them additional powers by written notice.

This section is titled as a substitution of section 31P of an earlier Act.

This provision substitutes a new section titled “Duty to produce documents” for section 31P.

A person who has been issued a permit, licence, permission, certificate, authorisation, or similar document under the Act or certain environmental laws must produce it when instructed by the relevant inspector.

This amendment makes it an offence for any person to disclose information about another person if the information was obtained while exercising powers or duties under the Act or related environmental laws, subject to a stated exception.

A seized live specimen may be placed with a suitable institution, rescue centre, or facility while criminal proceedings are pending or until they are resolved.

The Minister may make regulations specifying offences for which alleged offenders can pay a prescribed admission of guilt fine instead of going to court.

This section replaces Article 31P of the National Environmental Management Act, 1998 with a new article titled “Plig om dokumente te toon.”

People who were issued certain environmental documents must show them when instructed by the relevant inspector.

A person commits an offence if they disclose information about another person that was obtained while exercising a power or performing a duty under the listed environmental laws, subject to stated exceptions.

A seized live specimen may be kept in custody at a suitable institution, rescue centre, or facility while criminal proceedings are started or completed, and it may also be dealt with under section 30(a) of the Criminal Procedure Act.

The Minister may make regulations listing offences under this Act or a specific environmental management law that can be settled by paying a prescribed admission of guilt fine instead of going to court.

This section is a heading stating that section 42B of Act 107 of 1998 is amended.

The Minister responsible for mineral resources may delegate functions under the Act and may also subdelegate, withdraw, confirm, vary, or revoke related decisions, subject to accrued rights.

The Minister responsible for water affairs and a municipal manager may delegate certain powers or duties to officials, and a delegation must be in writing.

The Minister responsible for mineral resources may delegate functions under the Act to specified officials or a state organ, and may confirm, amend, or revoke decisions made under a delegation.

The Minister responsible for water affairs and a municipal manager may delegate powers or duties to officers, and delegations must be in writing.

A delegation or similar arrangement must be in writing, may include conditions, may be withdrawn by the municipal manager, and does not remove the municipal manager’s responsibility.

This section lets people appeal certain environmental decisions, sets a 30-day appeal period for some directives, allows the relevant authority to vary suspension while an appeal is pending, and requires municipal delegations to be in writing.

Anyone may appeal certain environmental decisions, and a person receiving a section 28(4) directive may appeal within 30 days. An appeal usually suspends the decision, but directives or enforcement notices aimed at serious environmental harm are treated differently.

This section is a heading for an amendment to section 49A.

This section amends environmental offence provisions and adds several new offences for non-compliance and interference with inspectors.

This provision amends section 49B to set penalties for certain offences under section 49A.

This provision amends section 50A of the National Environmental Management Act, 1998, and changes how the relevant agreement is defined and how responsibilities are allocated between the Minister and the Minister responsible for mineral resources.

This section amends Article 49A by adding several offences, including non-compliance with applicable norms or standards, obstructing inspectors, impersonating inspectors, giving false or misleading information, and failing to comply with specified sections.

This section replaces the penalties for certain offences: some convictions can lead to a fine of up to R10 million or up to 10 years in prison, and others to a fine of up to R1 million or up to 1 year in prison; either penalty may be combined.

This provision amends Article 50A and replaces parts of subsection (2). It states that the Minister sets the regulatory framework, norms and standards, and that the Minister responsible for mineral resources applies the principal Act and subordinate legislation for prospecting, exploration, mining or production.

The Minister responsible for mineral resources is given power over environmental authorisations for prospecting, exploration, mining, or production operations, and acts as the appeal authority for those authorisations.

This section amends Schedule 3 to the National Environmental Management Act, 1998 by repealing and replacing specified text references.

This section amends section 48 to prohibit commercial prospecting, mining, exploration, production, or related activities in a protected environment unless the Minister gives written permission, and to require the Minister to review certain existing mining activities.

This provision amends Schedule 3 of the National Environmental Management Act, 1998 by repealing, replacing, inserting, and further amending listed entries.

The provision bans mineral prospecting, mining, and related activities in the covered protected-area context unless permitted, and gives the Minister power to set conditions for certain mining activities to continue.

A person seeking permission for certain prospecting or mining activities must submit the application to the Minister immediately after receiving environmental authorisation, with the listed supporting material.

This provision amends section 57 by replacing paragraph (c) so it names the Chief Executive Officer and the Chief Financial Officer.

This section amends section 89 and changes when a permit applicant must apply, what must be included, and what the Minister must consider.

This provision changes section 57 of the National Environmental Management: Protected Areas Act, 2003, and also changes section 89 of Act 57 of 2003.

This section changes section 89 of the National Environmental Management: Protected Areas Act, 2003 by replacing one sentence and making two text edits in subsection (1).

This section adds an offence for contravening or failing to comply with a rule made under section 55(2)(fA), and links that offence to penalties set under that section.

This section amends the Biodiversity Act by updating definitions for “control,” “eradicate,” and “well-being.”

This section amends section 2 of the Biodiversity Act to add consideration of animals’ well-being in management, conservation, and sustainable use.

The Minister may, by notice in the Gazette, specify which species and situations keep the State as custodian of escaped faunal biological resources.

This provision amends definitions in the Biodiversity Act, including terms for controlling invasive species, eradicating them, and describing a condition of wellbeing.

This provision amends section 2 of the Biodiversity Act, 2004 by deleting one word and inserting new wording.

The Minister may, by notice in the Government Gazette, specify the species and reasons under which the government remains custodian of certain biological resources.

58 No. 46602 GOVERNMENT GAZETTE, 24 JuNE 2022 Act No. 02 of 2022 National Environmental Management Laws Amendment Act, 2022 Insertion of section 9A in Act 10 of 2004 58

This inserted section is titled “Prohibition of certain activities” in the National Environmental Management: Biodiversity Act, 2004.

The Minister may, by Gazette notice, prohibit activities that may negatively affect an animal’s well-being.

This provision amends section 13(1)(c) of the Biodiversity Act by replacing the listed officeholders with the Chief Executive Officer and Chief Financial Officer of the Institute.

This provision amends section 73 so the Minister may set circumstances for written notice to a competent authority about a listed invasive species.

The Minister must provide education and awareness to local communities affected by listed invasive species.

This provision amends section 97 of the Biodiversity Act by adding a new paragraph about “the well-being of an animal.”

This section says a following provision is inserted into the National Environmental Management: Biodiversity Act, 2004, after section 9.

The Minister may, by notice in the Government Gazette and for reasons stated in the notice, prohibit any activity that may harm the adequacy of biodiversity support systems.

This provision amends section 73 of the Biodiversity Act, 2004 by replacing text in subsection (1)(c).

The Minister may set reasons under which the competent authority must be notified in writing about the presence or occurrence of the specified invasive species.

Invasive species control or eradication must use proper methods and be done carefully to avoid harming biodiversity or the environment. The Minister must also provide education and awareness to local communities affected by the species.

This provision amends section 97 by adding a new paragraph about protecting the integrity of biological resources of a species.

This section identifies an amendment to section 99 of Act 10 of 2004 in the National Environmental Management Laws Amendment Act, 2022.

Before exercising certain powers, the Minister or MEC for Environmental Affairs must use an appropriate consultative process.

This provision amends section 100 to require notice of a proposed exercise of the section 99 power, allow 30 days for public written comments or objections, permit oral representations in appropriate circumstances, and require consideration of all representations before the power is exercised.

This provision amends section 101 of the Biodiversity Act by inserting “9A or” into paragraph (b) of subsection (1).

The Minister may, by notice in the Gazette, establish the National Air Quality Advisory Committee.

Before exercising the power under subsection (1), the Minister or MEC for environmental affairs must follow the appropriate consultation process and allow public participation.

The Minister or MEC for Environmental Affairs must publish notice of a proposed power, invite public written comments within 30 days, may allow oral submissions for good reasons, and must consider what is received before acting.

This provision amends section 101 of the cited 2004 local government text by inserting words after a specified phrase in paragraph (b) of subsection (1).

The Minister may/must establish a National Air Quality Advisory Committee by notice in the Gazette.

This section states that section 22A of Act 39 of 2004 is substituted.

An applicant with prior unlawful air-emission activity may be fined up to R10 million before the licence is considered, and the licensing authority can require stop-work and remediation steps.

This section says issuing or applying for certain atmospheric emission licences, or paying an administrative fine, does not limit management’s inspection powers or the National Prosecuting Authority’s power to prosecute, and does not protect the applicant from liability under section 51(1)(a).

This section amends section 36 of the Air Quality Act to treat certain provincial organs of state as licensing authorities and allows the Minister and the licensing authority to agree who deals with certain atmospheric emission licence applications.

This section adds a new rule about air emissions licences and says licence suspension or payment of a fine does not stop certain authorities from investigating or prosecuting.

The provision changes who may deal with certain air-pollution licence applications and when a provincial state branch is treated as the licensing authority.

This section says the following provision is inserted into the National Environmental Management: Air Quality Act, 2004 after section 47.

The licensing authority may revoke or suspend an atmospheric emission licence if there is evidence of contravention and significant environmental harm risk, but it must first consult affected organs of state and give the licence holder a chance to submit an atmospheric impact report.

This section amends section 53 of the Air Quality Act by deleting paragraph (k).

The Minister or MEC may issue a written repair or removal notice to a person responsible for a structure in the coastal zone if the structure adversely affects, or is likely to adversely affect, the coastal environment.

Chapter 9 of the National Environmental Management: Integrated Coastal Management Act, 2008 is repealed.

This section says a licensing authority may remove an atmospheric emissions license if the licensee breaches the Act or a license condition and the breach may cause, or causes, serious environmental harm, including harm to health.

This provision amends a previous air quality law by deleting section (k) and changing section 60 of Act 24 of 2008.

This section amends a coastal management provision so that the Minister or Provincial Minister may give written notice to a person controlling a coastal structure to demolish or remove it if the structure adversely affects the coast, including where the structure existed before or after commencement.

Section 9 of the listed National Environmental Management Act coastal management provision is repealed.

This section updates the definition of “dikago tse di amanang le mafaratlhatlha” to mean any building or infrastructure structure needed for the operation of a power plant or similar activity.

This section adds and changes several waste-related definitions, including general waste, hazardous waste, inert waste, recovery, and trade in.

This section defines “waste” and says waste can stop being waste if it is reused, recycled, recovered, or traded in under the stated conditions.

This section amends section 4 of the National Environmental Management: Waste Act, 2008 by inserting a new paragraph about residue deposits and residue stockpiles regulated under the National Environmental Management Act.

This section amends the waste management provision to establish a Waste Management Bureau as a juristic person and provide that, if the Board is not functional, the Minister must exercise the Board’s powers and duties until it becomes functional again.

This section amends section 34A by inserting a new item covering waste and controlled waste substances.

This provision amends section 34A to establish a Waste Management Bureau and requires the Minister to exercise the Bureau’s powers and perform its functions if the Bureau or Board is not operating.

This section only identifies a substitution of section 34C; no operative rule is stated in the provided text.

The Minister must monitor the Bureau, set fee limits, and may issue norms, standards, and directives. The Bureau must follow section 34B policy and the Minister’s issued norms, standards, directives, and determinations.

This section replaces sections 34F to 34L of the National Environmental Management: Waste Act, 2008.

The Bureau may take several administrative and financial actions to perform its duties, including hiring staff, contracting services, handling property, operating bank accounts, investing money, charging fees, collecting royalties, insuring itself, and taking legal action.

The Minister may supervise the Bureau, make rules and standards for it, issue policy and administrative directions, and set standards for fees. The Bureau must follow the approved policy and the Minister’s rules, orders, and directives.

This provision says that the following sections are substituted: sections 34F to 34L.

The Biro may hire staff, contract services, manage property and bank accounts, invest money, charge fees, insure itself, and perform legal acts. It is governed by a Board with specified membership.

The Minister must set and manage the number of Board members, appoint members under stated procedures, and consult the MECs when making appointments.

Section 76 is titled “Term of office.”

This section sets the term, reappointment, and possible extension of certain Board members, and says the Minister must set their employment conditions.

Board members must act honestly, disclose interests, step out of conflicted matters, avoid private gain, and resign on at least three months’ written notice unless the Minister accepts less.

The Minister must set service conditions for certain board members, may set conditions for non-government members with the Finance Minister’s concurrence, and government-serving members may not receive remuneration or benefits except reimbursement of personal expenses.

Board members must act honestly and impartially, disclose interests, recuse themselves in relevant matters, avoid private gain or improper advantage, and give at least three months’ written notice to resign unless the Minister accepts a shorter period.

This section lets the Minister remove or suspend certain Board members on specified grounds, and sets rules for filling vacancies, meetings, quorum, voting, procedures, and committees.

The Board must appoint committee members and a Chief Executive Officer, can delegate some powers in writing, and the CEO must report to the Board.

The Board must set an employment policy, and the Chief Executive Officer must set the staff establishment and may appoint staff. The Chairperson may appoint an acting Chief Executive Officer for up to six months if the office is vacant or the CEO is unavailable.

The Bureau’s funds come from listed income sources, parliamentary appropriations, grants, donations, investment income, and other money subject to the Public Finance Management Act.

The Bureau may invest funds that are not immediately required, but only under any prescribed investment policy and in a manner the Minister approves.

The Bureau’s funds come from operations, parliamentary money, government departmental allocations, voluntary contributions, grants, gifts, certain investments, and other amounts received under the Public Finance Management Act.

The Bureau may invest funds that are not needed immediately, but it must do so under an investment policy and in the manner prescribed by the Minister.

The Bureau may only be wound up or dissolved under an Act of Parliament, and if that happens it must transfer its remaining assets or the proceeds to the State or a matching Schedule 3A public entity after paying its liabilities.

An owner of likely contaminated land, or a person whose activity caused likely contamination, must notify the Minister and the MEC as soon as they become aware of the contamination.

This section amends section 37 to require certain contamination-related site assessments and reports to be done and submitted under the Minister’s or MEC’s directions.

The Minister or MEC may decide the matter after receiving the required site assessment report and, if applicable, a remediation plan, and after consulting the water affairs minister and any other concerned organ of state.

This amendment says the Biro may not be abolished or dissolved except by an Act of Parliament, and if it is abolished or dissolved, it must transfer its remaining assets or related revenue to the Government or a similar public entity after paying its liabilities.

A land owner or person whose activities cause serious land pollution must notify the Minister and MEC as soon as they become aware of the pollution.

This amendment requires certain persons connected to serious site pollution or hazardous activity to have an independent site assessment done and to submit the assessment report and, if needed, a remediation plan to the Minister or MEC.

The Minister or MEC may decide after receiving the required assessment report and cleanup plan, if applicable, and after consulting the water affairs Minister and affected organs of state.

This provision amends section 41 of the Waste Act by replacing subsections (1), (2) and (3) with new subsections.

The Minister must keep a national contaminated land register, and an MEC must provide relevant information about identified contaminated land areas.

This section changes who handles some waste management licence matters, especially for mining activities.

This section amends licensing rules so the Minister responsible for mineral outputs must implement the Chapter’s licensing arrangement for the matters listed in subsection (1A).

A waste management licence applicant may ask the Minister to decide, but must notify the relevant authority 30 days in advance and file a complete application; the Minister must seek a report, may direct the authority to act, and must decide if the authority still does not.

Section 43A of the National Environmental Management: Waste Act, 2008 is repealed.

If a waste licence transfer may harm the environment or others’ rights or interests, the licensing authority must first ask the applicant to run a consultation process before deciding.

Section 43A is repealed, and the provision relates to an amendment of section 52 of Act 59 of 2008.

If a transfer application may affect the environment or others’ rights or interests, the licensing authority must ask the applicant to carry out a suitable consultation process.

This source text is a heading for section 90 and says it amends section 54 of Act 59 of 2008, but it does not provide the operative rule text.

Section 54 is amended to add that varying a waste management licence requires payment of a prescribed processing fee.

This section amends section 67 of the Waste Act by updating which contraventions are treated as offences.

This provision amends section 69 of the Waste Act by deleting paragraph (iA) and also repeals section 69A of Act 59 of 2008.

Section 69A of the Waste Act is repealed.

This provision amends section 71 so that regulations under sections 69 and 70 can make people committing a breach or non-compliance guilty of an offence, with fines and imprisonment limits set in the text.

Any person or an organ of state may apply in writing for an exemption from a provision of this Act.

This provision amends section 54 of the Waste Act, 2008 by inserting a new subsection about a waste management licence difference being subject to a fee.

This section amends section 67 of the Waste Act, 2008 by adding and revising references to contraventions and compliance failures.

This provision amends section 69 and repeals section 69A.

This section repeals Karolo 69A of the National Environmental Management: Waste Act, 2008.

People who breach or fail to comply with regulations made under sections 69 and 70 can be convicted and sentenced to imprisonment or a fine.

This section amends another provision so that every person or a state institution may apply in writing for exemption from the operation of the Act’s order.

An exemption request must be made to the Minister, the Minister responsible for mineral resources, or the MEC, depending on who administers the relevant Act provision.

The Minister, the Minister responsible for mineral resources, or the MEC may ask an applicant for more information, and must require public participation and public comments to be submitted before deciding certain exemption applications when others may be adversely affected.

This amendment changes section 76 so the Minister, the Minister responsible for mineral resources, or the MEC may act in specified cases, must give a written exemption notice when an application is granted, and may exempt an organ of state by Gazette notice if the stated conditions are met.

This provision amends section 77 of the Waste Act and changes who may act under subsection (1) and the wording of subsections (2) and (3).

The Minister, the Minister responsible for mineral affairs, or the MEC may ask an applicant for extra information, and must require public participation steps when other parties may be adversely affected.

This section changes powers of the Minister or MEC to issue a written notice of exemption and to exempt a state entity from the Act’s control, and requires a written notice of exemption to an applicant after an application is accepted.

This section amends section 77 of the National Environmental Management: Waste Act, 2008 by replacing introductory words in subsection (1) and replacing subsections (2) and (3).

Before changing an exemption, the Minister, Minister responsible for mineral resources or MEC must let the person affected comment in writing. If a waste management exemption’s activity is transferred to a new owner, the exemption may be transferred too, but only with permission.

This section amends the Waste Act by replacing the phrase “Minister of Water Affairs and Forestry” with “Minister responsible for water affairs” wherever it appears.

Schedule 3 to the National Environmental Management: Waste Act, 2008 is repealed.

Some pre-8 December 2014 environmental and mineral rights authorisations are treated as meeting the Act if the relevant activities started after that date; the Minister may also order upgrades to environmental management programmes in serious pollution-risk cases.

This section changes the wording used in the cited law, replacing one ministerial reference with another.

Section 84 repeals Section 3 of the National Environmental Management: Waste Act, 2008.

The Minister responsible for mineral resources may require a holder of a right, permit, or old-order right to upgrade an environmental management plan or programme when listed mining-related activities may cause serious environmental harm.

This section sets transition rules for waste-related approvals, the Waste Management Bureau, and newly covered waste. It also gives the Minister a discretion to absorb Bureau staff and requires affected persons to act within 60 days.

This Act is named the National Environmental Management Laws Amendment Act, 2022, and it starts on a date fixed by the President by proclamation in the Gazette.

This section gives the Act its short title and says it starts on a date set by the President by proclamation in the Gazette.

98 No. 46602 GOVERNMENT GAZETTE, 24 JuNE 2022 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 24 FEbRuARiE 2022 No. 46602 99 This gazette is also available free online at www.gpwonline.co.za

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