Government rolled out its One Environmental System to streamline licensing processes for mining, environmental authorisations and water use, in December last year, with the aim to improve the ease of doing business and further enhance South Africa’s global competitiveness as a mining investment country.
President Jacob Zuma announced the system in his State of the Nation address in February last year.
The One Environmental System would allow the Minister of Mineral Resources to issue environmental authorisations and waste management licences under the National Environmental Management Act (Nema) and the National Environmental Management Waste Act, respectively, for mining and related activities.
The appeal authority for these authorisations would be the Minister of Environmental Affairs.
Both the Environmental Affairs and Mineral Resources Ministers, as well as the Minister of Water and Sanitation had settled on fixed durations for the consideration and issuing of permits, licences and authorisations in their respective legislation.
The Ministers had agreed to simultaneously undertake the processes of issuing permits, licences and authorisations and also granted a maximum of 90 days to finalise a process in the event of an appeal.
Until the necessary legislative amendments had been effected to formalise the new timeframes, the Nema timeframes would remain applicable.
The Minister of Mineral Resources was authorised to appoint environmental mineral resource inspectors, who would have the same capacity as environmental management inspectors, to enforce the provisions of Nema and the regulations associated with mining and related activities.
However, the finalisation of regulations regarding the development of residue stockpiles and deposits and financial provision for rehabilitation in terms of Nema was still pending, therefore, the Mineral and Petroleum Resources Development Act (MPRDA) would remain in force until these regulations were finalised.
All environmental management plans or programmes approved in terms of the
MPRDA before December 8 would be approved in terms of Nema.
All pending applications submitted on or after December 8, lodged in terms of the MPRDA, would be processed and finalised in terms of the Act, as provided for in terms of Section 12 of the National Environmental Management Amendment Act and Section 26 of the National Environmental Management Laws Amendment Act.