Civil Engineering August 2022 | Vol 30 No 7

A ct No.2 of 2022 – undoubtedly the most significant piece of environmental legislation since the implementation of the One Environmental System (OES) in 2014 – has finally been assented to and will soon become law. Once the National Environmental Management Amendment Act IV (NEMLA IV) comes into operation, it will officially introduce a wholesale shift in South Africa’s environmental legislative landscape. Many of these changes are intended to clean up a range of issues associated with the roll-out of the OES, which overhauled the manner in which environmental issues are regulated on mine sites, among other things. Overall, it is clear that the changes imposed by the Act aim to deter non- compliance with environmental laws by, among other things, introducing new offences, increasing the quantum of fines and administrative penalties where laws or licences have been contravened, and extending enforcement powers to enable more widespread enforcement of environmental laws. CHANGES TO RECTIFICATION PROCESSES The recent enactment of NEMLA IV will introduce changes to the rectification process detailed in section 24G of the National Environmental Management Act of 1998 (NEMA) and section 22A of the National Environment Management: Air Quality Act of 2004 (NEMAQA). The rectification provisions of NEMA have a sordid history. They were abused by certain developers in the past, even though such applications are risky, given that they are the subject of an administra- tive fine and do not limit the risk to the Env i ronmental Eng i neer i ng NEMLA IV will tighten rectification processes Garyn Rapson Partner Webber Wentzel garyn.rapson@webberwentzel.com Kirsty Kilner Partner Webber Wentzel kirsty.kilner@webberwentzel.com Carma Rossouw Candidate Attorney Webber Wentzel carma.rossouw@webberwentzel.com The NEMLA IV Bill was finally assented to by the President on 24 June 2022. Once it is promulgated, it will introduce a major shift in South Africa’s environmental legislation – this will take place on a date to be fixed and proclaimed by the President. 10 August 2022  Civil Engineering