National Environmental Management Laws Amendment Bill: Final Mandates

Meeting report

Final mandates on NEMLA Bill: discussion

The Chairperson said the meeting had been called to consider the final provincial mandates on the National Environmental Management Laws Amendment (NEMLA) Bill [B14D – 2017] (s76).

Ms C Labuschagne (DA, Western Cape) wanted to know why Schedule F of the Bill had been sent to provinces for feedback, since the mandates in front of Members were the final mandates, and no changes could be made.

The Committee Secretariat explained that the Committee had held a meeting on the 16 November, at which Members had engagements with the legal advisors on the amendments. Prior to that engagement, Members had been given the D version of the Bill, and that engagement had resulted in the E version of the Bill. Schedule F was the version of the Bill which incorporated Members’ inputs to the E version during the last engagement. The version in front of Members was the F version of the Bill.

Ms Labuschagne said that she had more questions on the F version of the Bill.

The Chairperson said that as some Members had challenges with the network, Ms Labuschagne had to be quick with her questions so that the mandates could be presented.

Ms Labuschagne sought clarity from the legal team and the Department on s36(5)(c) of the National Environmental Management Air Quality Act (NEMQA), which establishes the national Minister as the licensing authority for matters declared as a listed priority to the Cabinet. According to the F version of the Bill, it would allow municipalities to be licensing authorities for matters of national priority, if she was interpreting it correctly. She asked whether or not this would be unconstitutional. This was a critical point for the final mandate of her province.

The Secretariat explained that extensive consultation had been involved in the scrutiny of the E version of the Bill, which had included the state and parliamentary law advisors, as well as legal advisors from the Department.

Adv Amanda van Reenen, Director: Legal Support, Department of Forestry, Fisheries and Environment (DFFE), confirmed that provincial organs of state would be the licensing authority where certain listed activities may fall within the boundaries of more than one metro, or more than one district municipality, or both. Those were the changes that had been made to the E version of the bill.

Ms Labuschagne said that since time was limited and that she had several more questions to work through, she would not ask more questions so that the Committee could continue with its voting on the final mandates.

Adv Theo Hercules, State Law Advisor, confirmed that those activities, to which Ms Labuschagne’s question referred, were consistent with the Constitution and fell within the jurisdiction of the provincial authorities.

Presentation of final mandates

With the exception of the Western Cape, which voted against the Bill, all other eight provinces presented mandates in favour of the Bill.

The final mandates on the National Environmental Management Laws Amendment Bill [B14D – 2017] (s76) were thus duly adopted.

Report of the Select Committee on Land Reform, Environment, Mineral Resources and Energy on the National Environmental Management Laws Amendment Bill [B14D - 2017] (National Assembly – Section 76)

The report was adopted.  

The Chairperson thanked the DFFE for its assistance in the Bill, as well as the efforts of the parliamentary, state and departmental legal advisors, in helping Members to understand and amend the Bill. She also extended her gratitude to Members of the provincial legislatures and Members of the Select Committee who had held extensive public hearings on the Bill, despite the challenge of the pandemic constraints.

The Department’s staff, led by Ms Linda Garlipp, Chief Director: Law, Reform and Policy Coordination, also thanked all Members for their patience and willingness to work with the DFFE on the final mandates.

Adoption of minutes

The Committee adopted the meeting minutes dated 31 August and 16 November 2021.

Since the meeting was the last meeting of the year, Members expressed gratitude to the Chairperson for her leadership and patience, even during the most difficult times. They wished each other a great festive season.

The meeting was adjourned.