The Minister has amended the enabling provision for the regulations laying down the procedure to be followed for the adoption of spatial tools and environmental management instruments, as published under government notice number 542 in Government Gazette number 42380 of 5 April 2019 by the substitution For Section 24(5)(bB) of Section 24(5)(bA) of the National Environmental Management Act, 1998 (Act No 107 of 1998)
The reason for the amendment is that Section 24(5)(bB) of the National Environmental Management Act, 1998 (Act No 107 of 1998) will be repealed by the National Environmental Management Laws Amendment Act, 2022 (Act 2 of 2022) when the amendment comes into operation.
Section 24(5)(bB) a provides that the Minister or an MEC with the concurrence of the Minister may make regulations consistent with Section 24(4) for laying down procedures to be followed for the preparation, evaluation, adoption, and review of prescribed environmental management instruments and is therefore inappropriate in enabling provision Section 24(5)(bB) is a duplication of Section 24(5)(bA) and therefore Section 24(5)(bB) will be repealed.
Anything that was done in terms of the regulations laying down the procedure to be followed for the adoption of spatial tools and environmental management instruments, prior to the amendment of the enabling provision, remains valid and in effect.
This amendment of the enabling provision by the substitution for Section 24(5)(bB) of Section 24(5)(bA) of the National Environmental Management Act, 1998 (Act No 107 of 1998) will come into operation on the same date than when the National Environmental Management Laws Amendment Act, 2022 (Act No 2 of 2022) comes into operation.
All Rights Reserved.