There are a number of important upcoming environmental law related compliance dates to diarise. We set these out below.
National Environmental Management Act, 1998 (NEMA)
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Environmental audit reports - The following rights holders are required to prepare and submit their first environmental audit report to the competent authority on or before 7 December 2019:
- Right holders under the MPDRA with EMPRs/EMPs still in effect after 8 December 2014;
- Holders on an EA issued in terms of the ECA regulations or the previous NEMA regulations still in effect by 8 December 2014; and
- The audit report must meet the requirements of Part 3 of Chapter 5 of the EIA regulations (relating to the auditing of compliance with an EA, EMPr and closure plan, and the amendment thereof as a result of an audit).
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EAP registrations - By and from
8 February 2020, EAPs must be registered with the EAPASA.
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National screening tool reports - The submission of a site-specific report generated from the national web-based environmental screening tool will be compulsory when submitting an application for an EA in terms of regulations 19 and 21 of the EIA regulations, 2014 from
5 October 2019. Until such time, the screening tool will be available for voluntary use.
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Financial provisioning (FP) - The transitional timeframes in the 2015 FP Regulations must be complied with despite the 2nd draft of the proposed replacement FP regulations being out for public comment:
- Holders of offshore oil or gas exploration or production rights must review their financial provision and align same with these Regulations by
19 February 2024;
- Holders of all other rights under the MPRDA must review their financial provision and align same with these Regulations by 19 February 2020.
National Environmental Management: Waste Act, 2008 (NEMWA)
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Disposals of wastewater to landfill - From
23 August 2019, the prescribed forms of liquid waste will be prohibited from disposal to landfill. An additional restriction on the landfill disposal of brine or waste with a high salt content and exceedant leachable concentration for total dissolved solids will apply from
23 August 2021.
National Environmental Management: Air Quality Act, 2004 (NEMAQA)
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NEMAQA listed activities - Effective
1 April 2020, all existing plants will be required to comply with the Minimum Emission Standards for new plants, subject to permissible postponement and suspension applications.
Carbon Tax Act, 2019 (CTA)
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Tax period - The CTA defines the tax period as commencing on
1 June 2019 and ending on 31 December 2019; and subsequent to this period, commencing on 1 January of each year and ending on 31 December of that year.
