AMENDMENTS PROPOSED TO NATIONAL ENVIRONMENTAL MANAGEMENT LAWS AMENDMENT BILL [B35-2007]

CLAUSE 3

1. On page 3, after line 16, to insert the following paragraph:

"(b)  the National Water Act, 1998 (Act NO.36 of 1998);"

NEW CLAUSES

2.	On page 3 of the Bill, after line 24, to insert the following:

Insertion of section 31BA

Section 31BA is hereby inserted after section 31B of the principal Act

”31BA Designation of environmental management inspectors by Minister of Water Affairs and Forestry

(1) The Minister of Water Affairs and Forestry may-

(a) designate as an environmental management inspector, any staff member of-

(i) the Department; or

(ii) any other organ of state; and

(b) at any time withdraw a designation made in terms of paragraph (a).

(2) A designation in terms of subsection (1) (a) (ii) may only be made by agreement between the Minister of Water Affairs and Forestry and the relevant organ of state.

Amendment of section 31D, as S. 31D inserted by s.4 of Act 46 of 2003

Section 31D is hereby amended by the substitution for the following section:

"31D Mandates

(1) When designating a person as an environmental management inspector, the Minister, the Minister of Water Affairs and Forestry or MEC must, subject to subsection (2), determine whether the person concerned is designated for the enforcement of-

(a) this Act;

(b) a specific environmental management Act;

(c) specific provisions of this Act or a specific environmental management Act; (d) this Act and all specific environmental management Acts; or

(e) any combination of those Acts or provisions of those Acts.

(2) An MEC may designate a person as an environmental management inspector for the enforcement of only those provisions of this Act or any specific environmental management Act-

(a) which are administered by the MEC or a provincial organ of state; or

(b) in respect of which the MEC or a provincial organ of state exercises or performs assigned or delegated powers or duties.

(3) A person designated as an environmental management inspector may exercise any of the powers given to environmental management inspectors in terms of this Act that are necessary for the inspector's mandate in terms of subsection (1) and that may be specified by the Minister, , the Minister of Water Affairs and Forestry or MEC by notice in writing to the inspector."