New laws will streamline SA mining
10 December 2014
A new system aimed at improving the competitiveness of South Africa's mining sector
came into effect on Monday, 8 December, the departments of Mineral Resources and
Environmental Affairs said in a joint statement on Tuesday.
The One Environmental System is aimed at streamlining licensing processes for mining,
environmental authorisations and water use.
It represents the "government's commitment to improve the ease of doing business and
further enhance South Africa's global competitiveness as a mining investment
jurisdiction," the statement said.
Under the system, the minister of mineral resources will be responsible for issuing
environmental authorisations and waste management licences for mining and related
activities.
Environmental Affairs Minister Edna Molewa will be the appeal authority for these
authorisations.
The National Environmental Management Laws Amendment Act, known as Nemla 3, is
part
of a suite of Acts that form the One Environmental System.
While passed in September, it was only implemented from 8 December to ensure all
complementary legislation, including certain sections of the Minerals and Petroleum
Resources Development Amendment Act (MPRDA), were in place.
Permits will now be issued simultaneously by environmental affairs, mineral resources
and water and sanitation within a fixed time frame – a maximum of 300 days.
If a decision is appealed, an additional 90 days will be granted to finalise the process.
"Until all the legislative amendments have been effected to formalise these timeframes,
the timeframes stipulated in [the he National Environmental Management Act] Nema will
be applicable," the statement said.
Until the regulations regarding residue stockpiles and residue deposits as well as the
financial provision for rehabilitation regulations are finalised, the MPRDA regulations
remain in
force.
Minister of Mineral Resources Ngoako Ramatlhodi can now appoint mineral resource
inspectors, who will have the same powers as environmental management inspectors to
enforce the provisions of the National Environmental Management Act.
The system was first announced by President Jacob Zuma in his State of the Nation
address in February.
SAinfo reporter
Diamond core drilling at Katdoornkuil near Beaufort West in the Western Cape province (Photo: Chris Kirchhoff, MediaClubSouthAfrica.com)
