DIRECTION ISSUED BY THE MINISTER OF FORESTRY, FISHERIES AND THE ENVIRONMENT

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DIRECTION ISSUED BY THE MINISTER OF FORESTRY, FISHERIES AND THE ENVIRONMENT

Notice Title: Directions issued by the Minister of Forestry, Fisheries and the Environment in terms of regulation 10(8) of the Regulations issued in terms of section 27(2) of the Disaster Management Act, 2002 (Act No. 57 of 2002): Measures to address, prevent and combat the spread of COVID-19
Government Gazette Notice: GN 439 in GG 43190 of 31 March 2020
Commencing date: 31 March 2020

The Minister of Forestry, Fisheries and the Environment published under Regulation 10(8) of the Regulations issued in terms of section 27(2) of the Disaster Management Act, 2002 (Act No. 57 of 2002) directions to address, prevent and combat the spread of COVID-19 and to alleviate, contain and minimise the effects of the national state of disaster as set out in the Schedule to the notice.

The purpose of the directions are to, inter alia, ensure fair processes, especially relating to licensing processes, public participation processes, appeals processes, reporting requirements and the provision of waste management services during the lockdown period.

The Directions are provided below:

Directions relating to licences and environmental authorisations as contemplated in the National Environmental Management Act, 1998, the National Environmental Management: Waste Act, 2008 and the National Environmental Management: Air Quality Act, 2004
The following timeframes are extended, or deemed to be extended, by the number of days of the duration of the lockdown period of the national state of disaster declared for the COVID-19 pandemic, including any extensions to such duration, with effect from 27 March 2020 until the termination of the lockdown period:

  • Timeframes prescribed in the Environmental Impact Assessment Regulations 2014, as amended, or as contained in any environmental authorisation issued in terms of the Environmental Impact Assessment Regulations, 2014, including any condition contained in an environmental authorisation relating to the period of validity of an environmental authorisation, the period relating to an extension of the validity period of an environmental authorisation and the requirement to submit an environmental audit report.
  • Timeframes prescribed in terms of the National Environmental Management: Waste Act, 2008 and National Environmental Management: Air Quality Act, 2004 relating to licences and environmental authorisations.
  • Timeframes prescribed in terms of the National Appeal Regulations, 2014.

Directions relating to exemptions contemplated in sections 74 to 77 and transfers of waste management licences contemplated in section 52 of the National Environmental Management: Waste Act, 2008, authorisations issued for the export of waste tyres contemplated in regulation 4(e) of the Waste Tyre Regulations, 2017 published under Government Notice No. 1064 in Government Gazette No. 41157 of 29 September 2017 published in terms of the National Environmental Management: Waste Act, 2008 and applications for the amendment of orders to remediate contaminated land issued in terms of section 38 of the National Environmental Management: Waste Act, 2008

  • Any exemption issued in terms of section 76 of the National Environmental Management: Waste Act, 2008, which exemption expires between 27 March 2020 and the termination of the lockdown period of the national state of disaster is hereby extended, or deemed to be extended, by the number of days of the duration of the lockdown period of the national state of disaster declared for the COVID-19 pandemic, including any extension to such duration.
  • Authorities responsible for the processing of applications for the transfer of waste management licences contemplated in sections 77 and 52 of the National Environmental Management: Waste Act, 2008, will not receive or process such applications between 27 March 2020 and the termination of the lockdown period of the national state of disaster.
  • Any authorisation for the export of waste tyres issued in terms of regulation 4(e) of the Waste Tyre Regulations, 2017 which authorisation expires between 27 March 2020 and the termination of the lockdown period of the national state of disaster, is hereby extended, or deemed to be extended, by the number of days of the duration of the lockdown period of the national state of disaster declared for the COVID-19, including any extension to such duration.
  • Authorities responsible for the processing of applications for the amendment of any order to remediate contaminated land issued in terms of section 38 of the National Environmental Management: Waste Act, 2008 will not receive or process such applications between 27 March 2020 and the termination of the lockdown period of the national state of disaster.

Directions relating to reporting as contemplated in regulation 8 of the National Atmospheric Emission Reporting Regulations, 2015 published under Government Notice No. 283 in Government Gazette No. 38633 of 2 April 2015 and in regulation 7(1) and (2) of the National Greenhouse Gas Emission Reporting Regulations, 2016 published under Government Notice No. 275 in Government Gazette No. 40762 of 3 April 2017, promulgated in terms of section 12 read with section 53(aA), (o) and (p) of the National Environmental Management: Air Quality Act, 2004

  • The reference to 31 March in regulation 8 of the National Atmospheric Emission Reporting Regulations, 2015 and in regulation 7(1) and (2) of the National Greenhouse Gas Emission Reporting Regulations, 2016 promulgated in terms of section 12 read with section 53(aA), (o) and (p) of the National Environmental Management: Air Quality Act, 2004 must, for the duration of the lockdown period of the national state of disaster, be read as a reference to 30 April 2020.

It must be noted that where any of the authorities affected by the proposed Notice has indicated that a different arrangement applies, such an arrangement will prevail over any arrangement indicated in the Notice. The following authorities have made arrangements:

  • Western Cape Government –Environmental Affairs and Development Planning
  • Eastern Cape – Finance, Economic Development, Environmental Affairs and Tourism
  • Gauteng – Department of Agriculture and Rural Development
  • North West – Department of Economic Development, Environment, Conservation and Tourism

For more information or assistance please contact Minnette Le Roux at minnette@shangoni.co.za

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