Tag Archive | National Environmental Management Waste Act.

Tougher rules ensvisaged with new environmental law

Much debate to follow on penalties

Much in the way of environmental legislation has been pulled together in one amending document, the National Environmental Management Laws Amendment Bill, with considerable and extensive debate currently in process surrounding the implications of imposing penalties on environmental offenders.

The mechanisms to assess such penalties, who actually imposes them and collects, is not clear, say parliamentarians, and many such matters, particularly those which affect mining and necessary environmental plans for development, have been deferred into the next parliamentary session.

What constitutes unlawful activity?

A considerable number of the provisions surround the empowerment of the minister to prohibit development in certain geographical areas will have to be considered and also how to proclaim activities making them unlawful or allowed in terms of the National Environmental Management Waste Act. Also the question of the imposition of fines in certain areas of industrial activity will be probed.

On the question of general unlawful environmental activity and the fines relevant to their sections, it has been submitted by a number of environmental groups  in public hearings have complained that by defining the fines in the manner they are proposed was, in reality, as an unintended consequence making provision for a  “menu” to enable parties to “buy their way out” of certain environmental restrictions.

Procedures to be followed

Much of the legislation so far agreed to, however, involves non-problematic areas with regard to changes in environmental implementation plan procedures;  the appointment of environmental officials and the preparation of “outlook reports”. Further debate is expected to follow on legislative issues surround the controversial subject of “products” deemed to possibly have a detrimental effect on the environment.

Affected also by the proposed legislation is the National Management Biodiversity Act, where certain relatively minor amendments are concerned regarding activity in this area of endeavour but the entire process of amending the anchor legislation must be noted as having implications for a number of other pieces of environmental legislation, particularly the National Environmental Management Air Quality Act.

The current chairperson for this session of Parliament has been Adv. Johnny de Lange and the committee goes forward into 2013 with a number of major issues on its agenda that urgently need to be debated.

Posted in Enviro,Water, Mining, beneficiation, Trade & Industry

Waste tyre plan for motor industry set up against objections…..

No more scrapped waste tyres…..

used tyresThe long-awaited integrated industry waste tyre management plan (IIWTMP) has now reached fruition in planning terms despite objection by the retail motor industry in a last minute court application to the High Court for an interdict. The IIWTMP has been subjected to  re-drafting a number of times.

The most recent plan was recently announced by minster of water and environmental affairs, Edna Molewa, and falls under regulations imposed by the National Environmental Management Waste Act.

Recycling body to be formed

The IIWTMP system as proposed will involve the collection of old tyres by re-cycling structures established nationwide and to use the waste to create jobs in a nationwide business plan devised by the Recycling and Economic Development Initiative of South Africa (REDISA), who will incentivise the collection and recycling process through a “per-kilogramme” levy on tyres manufactured in, or imported to, South Africa.

According to REDISA, SA lands up with around 11 million scrap tyres every year which typically end up in landfills, dumped, or illegally burned for their scrap steel content. Other than being a known and growing health and environmental problem, the plan is to supply the waste tyres to recyclers to develop secondary markets.

Creation of more jobs

REDISA says on its website that there is a potential to create 10,000 jobs in the informal sector, as well as to create majority black-owned small and micro businesses. Training programmes are part of the plan and on launching the plan to the media, minister Molewa said there are similar opportunities to exploit as far as enforced waste recycling programmes are concerned including those that involve electrical goods, fluorescent lights and oils.

Any tyre producer must subscribe to the integrated industry waste tyre management plan, sign a deed of adherence and provide monthly declarations of their tyre production – subject to occasional audit by REDISA – and a comprehensive assessment of the retreading industry will be undertaken in the first year by REDISA as a basis for devising a business plan.

Budget of over R600m

First year operational costs, establishment costs, including an initial national marketing campaign, and provision for future establishment costs were estimated by the minister in her launch of the programme at approximately R624m, excluding VAT.

REDISA will obtain its funds primarily from the levying of waste tyre management fees from subscribers of R2.30 + VAT per kg of manufactured and/or imported tyres and casings.

The Retail Motor Industry in extra-parliamentary moves said in a statement that the minister had not consulted with stakeholders before re-gazetting the new plan and that an interdict was sought to halt government moves.

Posted in Health, Justice, constitutional, Labour, Land,Agriculture, Public utilities, Trade & Industry, Transport0 Comments


This website is Archival

If you want your publications as they come from Parliament please contact ParlyReportSA directly. All information on this site is posted two weeks after client alert reports sent out.

Upcoming Articles

  1. Carbon Tax debate heats up in Parliament
  2. Copyright Bill goes into final stages
  3. Hate Crimes Bill on way back to Parliament
  4. DTI briefs Parliament on the road ahead
  5. RE-IPP4 alive again with LNG interest
  6. Fresh start to Minimum Wage Bill
  7. Competition Commission rough on investors

Earlier Editorials

Earlier Stories

  • AARTO licence demerit system studied  …. In what has been a legislative marathon, the update of the Administrative Adjudication of Road Traffic Offences Act (AARTO) has now reached a stage […]

  • SARS role at border posts being clarified …. In adopting the Border Management Authority (BMA) Bill, Parliament’s Portfolio Committee on Home Affairs agreed with a wording that at all future one-stop border […]

  • Modernising SAPO a culture change ….. sent to clients 27 February…. Stage by stage, Mark Barnes, Group Chief Executive Officer of South African Post Office (SAPO), appears to be reforming cultures and […]

  • OECD money task force waiting for SA   ….sent to clients Feb 7…. Chairperson of the Standing Committee on Finance, Yunus Carrim, made it quite clear in terms of parliamentary rules that […]

  • President Zuma vs Parliament on FICA Bill …..editorial……The convoluted thinking that is taking place in South Africa to avoid the consequences of the law has once again become evident in […]