Hon Deputy Speaker, hon Deputy President and hon colleagues in the House, let me start by commending the Portfolio Committee on Water and Environmental Affairs, under the able leadership of Adv De Lange, for finalising five very important Bills that were placed before them, three of which we are discussing today. They are very important Bills for the Department of Environmental Affairs, as well as the provinces. Once promulgated, these Bills will go a long way toward closing the identified regulatory gaps and the progressive realisation of the environmental rights set out in section 24 of the Constitution of the Republic of South Africa.
The first of these Bills is the Bill under the National Environmental Management Act, which is the Air Quality Amendment Bill. This Bill will enhance service delivery, as it provides for the establishment of the national Air Quality Advisory Committee to advise the Minister on quality- related matters. Members of this committee will be appointed in accordance with the provisions of National Environmental Management: Air Quality Act of 2004.
One of the important aspects of the Bill is that it now compels the Minister to establish an advisory committee, which is currently a discretionary power in terms of the Act. This was amended because of public submissions received during the public consultation process. The advisory committee will not only advise the Minister on current and future trends in air quality matters, but will also give feedback mechanisms on the implementation of the Air Quality Act. The Bill is important and closes very important regulatory gaps with respect to the implementation of atmospheric emission licences.
Clause 3 inserts a new section, section 22A, in the Act, to provide for the consequences of unlawfully conducting a listed atmospheric emission activity without the necessary authorisation. This clause will address these scenarios.
Firstly, it is where atmospheric emissions take place without an environmental impact assessment, which must be addressed through section 24(g) of the National Environmental Management Act of 1998; then, where activities are conducted without the necessary registration certificate under the Atmospheric Pollution Prevention Act of 1965; and thirdly, where activities conducted had an EIA environmental authorisation granted, but no atmospheric emission licence was issued, which must be addressed through section 22A.
This clause, which emulates section 24(g) of the Nema, sets out the process and the information required for such an application. The clause also provides the licensing authority with various options when considering such an application. The clause further provides for the payment of an administrative fine not exceeding R5 million before restarting an activity. In other words it does not indemnify any person who starts an activity.
The amendment to section 29 is also important in monitoring, evaluation and reporting of approved pollution prevention plans. The information that is collected in the process of monitoring is important to ensure compliance with our international obligations in relation to climate change. Section 53 is amended to be able to obtain the information on greenhouse gases, which is our international obligation, as required.
Clause 5 will also insert a new subsection in section 36 of the Act. The licensing authority will also deal with the issues of the powers and functions of MECs and the Minister. The additions propose that in instances where the licensing authorities fail to take a decision within the time period set, an applicant may request the MEC or the Minister to do so. Currently this is not the case.
The licensing authority that has the power to issue an atmospheric licence is usually vested in the relevant local authority. However, clause 5 will designate the Minister to be the licensing authority where the applicant for an atmospheric emission licence is a provincial organ of state that has been delegated by the municipality the power to issue such emission licences.
I am moving on in the interest of time to the next of the Bills, which is the Integrated Coastal Management Amendment Bill. This Bill takes an important step in securing the natural assets of the sea and the beaches belonging to the people of South Africa, and at the same time ensuring that organs of state can use these assets for the benefit of all. The Act creates the notion of coastal public property, which gives special status to the beaches, the sea and the seabed that are part of the coastal public property.
The Republic of South Africa's public property stretching into the sea extends our sovereign waters to 200 nautical miles and will soon include the continental shelf once South Africa's claim has been finalised, as we have submitted a claim through the United Nations. This notion is progressive and realises a good balance between environmental integrity, public ownership and economic growth.
Having vested ownership of these natural assets in the citizens, to be held in trust by the state, the current Act fell short of securing the proper use and ownership of structures within coastal public property by organs of state. The current Act did not deal clearly with the impact of coastal public property on other organs of state that own assets or operate in the sea space. The Bill now clarifies the ownership of coastal public property, which is important for job creation and economic development.
Our ports are gateways to economic growth and stability, as they are a conduit for exports. More than 90% of South Africa's exports are done through the ports. The Bill also enables more efficient regulation of port activities such as dredging. Dredging is an integral part of the functioning of the ports in South Africa. The Bill enables easier operation of ports by increasing the time period of permits.
The Bill clarifies reclamation. Reclamation enables us to use an area which would otherwise be covered by water, and it is especially important as we discover the economic importance of our oceans and coasts.
The Bill simplifies processes, and improves and streamlines governance structures to facilitate accountability and integrated coastal planning and intergovernmental co-operation. It aims to address regulatory gaps, but also consolidates and simplifies coastal EIAs, coastal leases and concessions, and coastal access fees and delegations. It simplifies technical definitions such those of the high water mark and estuaries, and makes adjustments to that of climate change. It also clarifies national arrangements, making obligations and consequences easier to understand and implement. The Bill also strengthens the offences and penalties by consolidating offences from three to two categories and creating higher penalties.
South Africa is very proud to have legislation such as the Integrated Coastal Management Act. This amending Bill, which is leading legislation within the continent and beyond, goes a long way in managing critical ocean and coastal resources in an effective and holistic way.
The last Bill that I would like to deal with is the Protected Areas Amendment Bill. This amendment Bill is important milestone in the final step towards implementation and the restructuring of government, which saw the separation of the Fisheries and Environmental functions. The amending Bill gives effect to the presidential proclamation by clearly separating Environmental and Fisheries functions and ensuring that there is appropriate consultation and co-operation where the functions overlap.
The Bill places marine protected areas under the Protected Areas Act and ensures co-operative governance within fishing zones. It further enhances accountability and good governance in environmental managing authorities and promotes holistic management of all protected areas - marine protected areas as well. All existing marine protected areas are retained and the amending Bill generally brings the management of marine protected areas under the purview of the Protected Areas Act regime. The Bill facilitates integrated and co-operative management of the country's conservation estate, which is highly regarded in international circles.
This is an important step in implementing the vision of the presidential proclamation and the restructuring of government to enhance the priorities of government.
The marine protected areas enable environmental integrity whilst at the same time increasing productivity. As I conclude, I would like to indicate that these are very important as marine protected areas not only for conservation, but also for economic activities such as tourism for our country, South Africa, and the international visitors for fishing and recreation. They provide protection, economic use opportunities and job creation. I would like to thank you very much, hon Deputy Speaker. Thanks once again to the portfolio committee for having done such a wonderful job. Thank you very much. [Applause.]