EXTENSION OF TIMEFRAMES DURING THE NATIONAL STATE OF DISASTER

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EXTENSION OF TIMEFRAMES DURING THE NATIONAL STATE OF DISASTER

Shangoni has been advised that the Director General and the Minister of Environment, Forestry and Fisheries have endorsed in principle that a General Notice be 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) published under Government Notice No. 318 in Government Gazette No. 43107 of 18 March 2020, as amended, in order to issue 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.

Approval is awaited from the Justice stream before the notice may be published in the Government Gazette.

The General Notice indicates the following:

2.     In order to curtail the threat posed by the COVID-19 pandemic and to alleviate, contain and minimise the effects of the national state of disaster and to ensure fair processes, especially relating to licensing processes, public participation processes, appeals processes, reporting and the provision of waste management services, the following directions will apply:
(a)          Directions relating to environmental authorisations as contemplated in the National Environmental Management Act, 1998 (Act No. 107 of 1998), the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) and the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)
(i)            The following timeframes are hereby extended, or regarded as being extended, by the number of days of the duration of the National State of Disaster declared for the COVID-19 pandemic in Government Notice No. 313 in Government Gazette No. 43096 of 15 March 2020, with effect from 27 March 2020 until the termination of the national state of disaster:
(aa)        Timeframes prescribed in terms of the Environmental Impact Assessment Regulations 2014, published in terms of section 24(5) of the National Environmental Management Act, 1998 (Act No. 107 of 1998), 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, which periods lapses or falls within the period of the duration of the national state of disaster;
(bb)        Timeframes prescribed in terms of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) and National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004) relating to licensing and environmental authorisations; and
(cc)         Timeframes prescribed in terms of the National Appeal Regulations, 2014, as amended, issued under section 44(1)(a), read with section 43(4) of the National Environmental Management Act, 1998 (Act No. 107 of 1998).
(ii)           Authorities responsible for the processing of applications or appeals contemplated in paragraph (i), will not be receiving or processing such applications or appeals until the termination of the national state of disaster.

(b)          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 (Act No. 59 of 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 (Act No. 59 of 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 (Act No. 59 of 2008)
(i)            Any exemption issued in terms of section 76 of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008), which exemption expires between 27 March 2020 and the termination of the national state of disaster is hereby extended, or regarded as being extended, by the number of days of the duration of the national state of disaster declared for the COVID-19 pandemic in Government Notice No. 313 in Government Gazette No. 43096 of 15 March 2020;
(ii)           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 (Act No. 59 of 2008), will not be receiving or processing such applications until the termination of the national state of disaster; (iii)          Any authorisation for the export of waste tyres issued in terms of regulation 4(e) of the Waste Tyre Regulations, 2017 under Government Notice No. 1064 in Government Gazette No. 41157 of 29 September 2017 published in terms of section 69(1)(b), (e) and (ee) of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008), which authorisation expires between 27 March 2020 and the termination of the national state of disaster, is hereby extended, or regarded as being extended, by the number of days of the duration of the national state of disaster declared for the COVID-19 pandemic in Government Notice No. 313 in Government Gazette No. 43096 of 15 March 2020; and
(iv)          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 (Act No. 59 of 2008) will not be receiving or processing such applications until the termination of the national state of disaster.

(c)           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 (Act No. 39 of 2004)
(i)            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 (Act No. 39 of 2004) must, for the purposes of the national state of disaster declared under Government Notice No. 313 in Government Gazette No. 43096 of 15 March 2020, be read as a reference to 30 April 2020.

3.     Where any of the authorities affected by this Notice has indicated that a different arrangement applies, such an arrangement will prevail over any arrangement indicated in this Notice.

It is important to note that the proposed timeframes will be extended by the number of days of the duration of the National State of Disaster and not for the duration of the 21-day National Lockdown. Furthermore, 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

We will advise once the notice is published in the Government Gazette. For more information please contact Minnette Le Roux at minnette@shangoni.co.za

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