Deputy Speaker, one of the major objectives of the ANC-led government is to develop and use our rich mineral resources in a globally competitive and sustainable manner that will equitably benefit all citizens, as well as protecting human health, the environment and our precious, yet scarce, water resources.
Just a reminder, in case some of us in this House - particularly those on my left - have forgotten, that this ANC-led government began from a zero base in 1994 to create policies and promulgate laws that promote a healthy environment and, more importantly, focus on sustainable development.
Another reminder is that sustainable development is all about socioeconomic development and, indeed, growth that considers the environment and the people. It is a three-pillar approach.
In 20 years of ANC governance we have been listening very carefully to our people. So when they have requested some changes in approach, because of our usual democratic, caring nature of promoting investments, creating jobs and working hard to grow our economy in all sectors, we decided to amend certain laws in order to make life easy for investors and our developers.
We have heard our people's desire loud and clear - also from an investment point of view in the mining sector, in particular, as well as other sectors. They have asked for shortened and simplified authorisation processes.
We would like to reiterate the statement made by President Zuma on Thursday last week, when he addressed our nation. Let me quote what he said in his address:
... we have now streamlined regulatory and licensing approvals for environmental impact assessments, water licences and mining licences. Parliament is finalising amendments to the law to give effect to this very positive development, which will cut to under 300 days the time it takes to start a mine, from application to final approvals.
We are thankful for the good leadership of the ANC and the good story of President Zuma. After passing this Bill, it will take half the time it used to take before operations begin and profits are made for those who are in the profit-making business, but with jobs for those who want to have jobs. Jobs will be created.
We must remember that this good story was written by the ANC-led government under the leadership of President Zuma. It did not come about by accident.
The current legal responsibilities for human and environmental regulatory aspects in the mining sector are indeed very fragmented. This has created a situation where any mining operation needs to obtain authorisation for mining rights; water and environmental management reports; environmental impact assessments; waste and air quality licences; and authorisations from multiple authorities, each with a different set of administration procedures, timeframes and requirements.
It also means that different authorities are involved in this follow-up, particularly on compliance. This reality has therefore resulted in long delays, which we acknowledge. We proceeded to address these uncertainties and barriers by creating one environmental system.
The system will be regulated through the environmental provisions of the Mineral and Petroleum Resources Development Act and the National Environmental Management Act. It used to be under the Minerals Act and is now under the National Environmental Management Act.
The parliamentary processes have also ensured that we have the Bill, which we are discussing here today, on water licensing and authorisations. These original amendments, with regard to mining, came into effect in June 2013. Subsequently it became obvious that further streamlining, integration and alignment was needed. Therefore, today we are finally creating one environmental system.
The system makes the Minister responsible for mineral resources the competent authority, in terms of the National Environmental Management Act, for issuing environmental authorisations. It also makes the same Minister responsible for follow-up compliance monitoring and enforcement of the conditions of authorisations.
These include the financial provision for management of environmental damage and ongoing impact assessment during and after closure of mining operations, in terms of the environmental legislation. So it means that we will not cry after the fact or say that there is acid mine drainage - AMD this and AMD that. We are proactively dealing with this matter.
As a responsible, caring, ANC-led government we are building a solid economy that will ensure that there is environmental sustainability. Gone are the days when we had to fight and follow polluters to London and all over the world. Now we are proactively dealing with these issues. Gone are those days!
Accountability is created through the Minister of Water and Environmental Affairs, who now is responsible for appeals against these environmental authorisations.
Effectively, this enables the Minister and the department responsible for mineral resources to issue environmental authorisations in terms of the National Environmental Management Act and the National Environmental Management: Waste Act. The Minister can now do so in a manner that informs and integrates public health and environmental concerns when giving consideration to issuing mining rights, permits or licences.
This will ensure that there are no delays or duplication of processes and that environmental considerations, regulatory frameworks and norms and standards set in terms of Nema are integrated in the day-to-day decision- making when prospecting, during exploration, and when mining and production rights permits are considered.
Furthermore, the Minister and the department that issues mining rights, permits and licences will also be responsible and accountable for the implementation of enforcements. To this end, the National Assembly has already passed the National Environmental Management: Air Quality Amendment Act. We know that it is currently under consideration by the NCOP.
The other aspects necessary for further integration, alignment and streamlining, to fully realise this one environmental system, are contained in the National Water Amendment Bill and the National Environmental Management Laws Third Amendment Bill, which we are debating now.
The National Water Amendment Bill enables applications for water-use licences for mining operations to be synchronised with authorisations provided for in the National Environmental Management Act and the Mineral and Petroleum Resources Development Act.
Furthermore, departing from the Water Tribunal appeals process, the Bill enables mining operations appeals to be dealt with by the Minister to synchronise and align the regulatory processes and timeframes under the Departments of Mineral Resources and Water and Environmental Affairs.
The National Environmental Management Laws Third Amendment Bill further amends three pieces of legislation, namely the National Environmental Management Act, the National Environmental Management: Waste Act and the National Environmental Management Amendment Act.
At a strategic level, this Bill focuses on enabling a smooth transition from the current fragmented environmental management system to the newly integrated, aligned and streamlined one environmental system.
I need to state that the Bill makes provision for the different regulatory authorities to agree on integrating these multiple permits into a single authorisation, and also provides for safeguards that facilitate compliance through the competent authority in instances where complaints of nonadherence to the system are received. In line with President Zuma's announcements during the state of the nation address on cutting red tape, the respective environmental management, atmospheric emissions, water use and waste management authorisations, licences, permits and any related appeals for mining, will be issued simultaneously. They will be issued within 300 days and all internal appeal processes will be finalised within 90 days.
These strict timeframes will be outlined in regulations under the National Water Act, the National Environmental Management Act, the National Environmental Management: Air Quality Act, the National Environmental Management: Waste Act and Mineral and Petroleum Resources Development Act, and will bind both the state and the private sector.
These Bills are about co-operative governance and, indeed, the water environmental management aspects. Other national and provincial departments, municipalities and organs of state will also be participating to improve efficiency and effectiveness, as well as reducing red tape.
The Bill will enable us to accelerate our infrastructure expansion programme under the Strategic Infrastructure Projects, Sips, with swifter turnaround times on our licensing applications and an expeditious internal appeals process.
I would like to thank you and ask for your support for this Bill. Thank you very much. [Applause.]
Hon Speaker, hon Ministers and Deputy Ministers, hon members, distinguished guests, ladies and gentlemen, I rise on behalf of the ANC and, I hope, on behalf of the Portfolio Committee on Water and Environmental Affairs, to recommend to this House the adoption of the amendments in the National Environmental Management Laws Third Amendment Bill.
This Bill, in turn, makes provision for amendments to three pieces of legislation, namely the National Environmental Management Act of 1998, the National Environmental Management: Waste Act of 2008, and the National Environmental Management Amendment Act of 2008, as well as the adoption of a committee Bill introduced by the portfolio committee, the National Water Amendment Bill.
Hon Speaker, one of the longest unresolved policy issues since the advent of our democratic dispensation, and one which has defied a lasting and sustainable solution for almost a decade, is the application of the environmental function in mining areas.
At present, Parliament is seized with various complex processes to provide a sustainable and lasting solution to this matter by bringing about amendments to three pieces of legislation, namely the Mineral and Petroleum Resources Development Amendment Bill of 2013, the National Environmental Management Laws Third Amendment Bill and the National Water Amendment Bill.
Our portfolio committee and the Portfolio Committee on Mineral Resources have further - in a most unusual step and in anticipation of the passing of these three Bills - processed potential amendments to at least five regulatory frameworks or sets of regulations underpinned by these three pieces of legislation.
In many respects this very complex process is innovative and unique and, as far as we are aware, it is the first attempt since the advent of democracy to put forward a model to streamline, align and synchronise various crosscutting licensing and authorisation processes amongst government departments.
The purpose of these processes is to ensure that the environmental law can be applied in mining areas in a well-co-ordinated, integrated and synchronised manner, whilst respecting, retaining and giving effect to the environmental protection measures contained in section 24 of the Constitution of 1996, and all other environmental enactments.
When all three Bills and the amendments to the regulations of the five regulatory frameworks are operational, they will give effect to the one environmental system agreement described by our Minister, with the agreed timeframes for the processing of all licences and authorisations in an application to allow for a mining activity being 300 days, and a further 90 days for internal appeal processes directed to the respective Ministers.
These important, complex and unique processes, which have been unfolding in Parliament during the past two years, were specifically recognised by the President in his state of the nation address on 13 February 2014, when he stated, and I quote:
Last year I started engaging business on specific steps that government can take to make it easier to do business in our country. Arising out of that process, we have now streamlined regulatory and licensing approvals for environmental impact assessments, water-use licences and mining licences. Parliament is finalising amendments to the law to give effect to this very positive development, which will cut to under 300 days the time it takes to start a mine from application to finalising approvals.
This presidential quotation summarises the key outcome of the passing of these three Bills. What I shall discuss hereafter contextualises and explains the President's remarks above, as they relate to the parliamentary processes to bring about these positive results.
The two Bills being debated and passed here today are a culmination of a very intense engagement between three government departments, namely the Departments of Mineral Resources, Water and Environmental Affairs, as well as members of the public and the legislature over a long period of time - in fact, since 2006.
The Minister has just outlined in her speech all the processes that her two departments and the Department of Mineral Resources have been involved in to resolve this matter over a period of more than a decade.
I will not repeat those processes in detail here, except for a few references necessary to understand the parliamentary processes giving effect to the agreement reached by these three departments.
Everyone's asleep, because no one's saying "cheers".
HON MEMBERS: Cheers!
Thank you. There's something strong in this water - I don't know what it is. [Laughter.]
As the Minister pointed out in her speech, the purpose of the agreement reached in 2013 between the two Ministers was to bring the environmental function in mining within the scope of the National Environmental Management Act of 1998.
The agreement, entitled, "One environmental system for the country", with respect to mining, entailed that all environmentally related aspects in mining would be regulated through one environmental system under national environmental legislation; and that all environmental provisions in the Mineral and Petroleum Resources Development Act of 2002 would be repealed. The Minister responsible for water and environmental affairs will set the environmental regulatory framework and the norms and standards, and the Minister responsible for mineral resources will implement the provisions of the environmental Acts, as well as the concomitant subordinate legislation as far as it relates to mining activities.
The Minister of Mineral Resources will issue environmental authorisations for mining activities in terms of the principal National Environmental Management Act of 1998, and the Minister of Environmental Affairs will be the appeal authority for these authorisations.
The agreement also provides for fixed timeframes for the consideration and issuing of the authorisations and licences in their respective pieces of legislation. It also provides for the alignment and synchronisation of the respective processes and timeframes of their respective regulatory frameworks.
In a nutshell, what that means is that from now on only environmental laws will apply to all environmental issues within mining areas, but the decision to issue the licences and authorisations in terms of those environmental laws will be vested in the Minister of Mineral Resources. However, if anyone is unhappy with the decision that the Minister makes, they will be able to appeal to the Minister of Water and Environmental Affairs. To make this work, all the many regulatory processes in the three departments have been interwoven and created so that they run sequentially and to make sure that they are surrounded by timeframes and by processes being followed sequentially.
The Portfolio Committee on Water and Environmental Affairs and the Portfolio Committee on Mineral Resources have been engaged, since last year, in a series of joint meetings to translate the aforementioned principles underpinning this ministerial agreement into amendments of the Minerals and Petroleum Resources Development Act, the National Environmental Management Laws Third Amendment Bill and the Water Amendment Bill.
The alignment of the timeframes and processes will be contained in their respective regulations and will be accordingly amended after these three amending Bills have been operationalised.
Hon Speaker, I will now deal with a few of the specific amendments to the National Environmental Management Act of 1998 contained in the National Environmental Management Laws Third Amendment Bill. Firstly, to ensure regulatory certainty for the industry and the integrity of intragovernmental agreements, the Bill makes provision for the permanence of this co-operative governance agreement, agreed to by the three departments, by requiring the Ministers responsible for water affairs, environmental affairs or mineral resources to concur and present to Parliament, before they introduce any proposed amendments to legislation or regulation that affects the integrity of the one environmental system agreement and any intention to do so.
Secondly, the Bill introduces certain good-governance safeguards, one of which is that if a decision on an application for an environmental authorisation is not made within the timeframes applicable to that process, the applicant may apply to the Minister responsible for environmental affairs to facilitate the process of taking the decision by the Minister of Mineral Resources or where appropriate, and certain procedures have been exhausted to take that decision.
Thirdly, the Minister of Mineral Resources has been empowered to appoint environmental mineral resources inspectors, who have the same powers as the environmental management inspectors - the so-called "Green Scorpions" - to be able to enforce the provisions of the Act and the regulations in mining areas. Furthermore, the Director-General of the Department of Mineral Resources has been given the powers to issue directives in terms of section 28 of the National Environmental Management Act, when it applies to mining activities.
Fourthly, in order to ensure that the agreed time periods are complied with, the Bill restricts the extension of time periods or the condonation of a failure to comply with the time periods in the Act.
Fifthly, the provisions regulating environmental damages have been strengthened. The Bill requires that the Environmental Management Programme must be submitted before deciding on an application for an environmental authorisation; this has not always been the case.
Lastly, the financial provisions for the remediation of environmental damage have also been strengthened. Before the environmental authorisation is issued, the competent authority must ensure that the applicant complied with the prescribed financial provisions for the rehabilitation, closure and ongoing post decommissioning management of negative environmental impacts of mines.
The National Environmental Management Laws Third Amendment Bill also amends the National Environmental Management: Waste Act of 2008, to now include residue stockpiles and residue deposits emanating from any mining activity within the scope of the National Environmental Management: Waste Act of 2008.
The Minister of Mineral Resources is also recognised as the licensing authority where a waste management activity is related to a mining authority and to residue deposits and stockpiles. The Minister responsible for environmental affairs has been given the power to make regulations related to the management and control of residue stockpiles and residue deposits from mining activities.
The main amendment to the National Environmental Management Act of 2008, contained in the National Environmental Management Laws Third Amendment Bill, is to prevent it from being implemented after the coming into effect of the amending Bill. It also provides for transitional arrangements in relation to appeals and decisions made prior to the coming into effect of the Third Amendment Bill.
The Department of Water Affairs joined this process at a later stage, when its water policy review framework and review of the National Water Act of 1998 were undergoing extensive public consultations.
The portfolio committee, while considering the Third Amendment Bill and the Mineral and Petroleum Resources Development Bill, realised that it was imperative to effect certain technical amendments to the National Water Act. This was in order to achieve the goal of an integrated regulatory framework for water, mining and the environment, by specifically providing for the alignment of the timeframes for the processing of the respective authorisations and licences within 300 days and for the appeals to be adjudicated within 90 days.
The need was also identified for an amendment to make provision for an internal appeal process to the Minister of Water and Environmental Affairs, rather than the current appeal process being administered under the Water Tribunal.
This will ensure that all appeals will be finalised within 90 days after receipt of an appeal. The Minister of Water and Environmental Affairs and the Minister of Mineral Resources, as well as their respective departments, were consulted on this approach.
Due to time constraints it was decided to introduce a committee Bill to deal with these two aspects. All the steps were then accordingly complied with to introduce this committee Bill.
In conclusion, once these two Bills being processed today and the amendments to the Mineral and Petroleum Resources Development Bill - which are still to be adopted - are put into operation, mining authorisations, water use licences and environmental authorisation processes will have to be completed in much shorter, allocated, synchronised and integrated timeframes. These then will be binding on government, interested and affected parties and the applicant. It will allow processes in the three departments to run in parallel, and decisions can be issued simultaneously.
Another major benefit will be the promotion of compliance through better co- ordination of the licensing systems. All the Acts will now provide for an internal appeal procedure and the appeal timeframes between the Acts are aligned and run in parallel.
The strict appeal timeframes apply to appellants submitting appeals and the authority considering appeals, and limit condonation applications. The appeal process must be finalised prior to the mining right being made effective and construction commencing.
The current Bills will ensure that the necessary checks and balances are in place to harmonise licensing and authorisation of the environmental function in mining, while ensuring that the environment is protected, and will bring regulatory certainty and predictability to the mining industry, which thus far has been lacking to some extent.
The Bill will bring regulatory certainty, not only in terms of its provisions, but also in terms of when it will be implemented. Three months from the date of publication in the Gazette by the President, the Act will come into force, at last ending the state of flux which the departments and industries were in since the promulgation of the 2008 Acts, which were not fully operationalised until recently.
I therefore urge the House to support the adoption of the National Environmental Management Laws Third Amendment Bill and the National Water Amendment Bill.
Lastly, let me turn to a few people I want to thank. May I first thank the two Ministers, Minister Molewa and Minister Shabangu, for the excellent work they have done. It has taken a very long time and it's under these two Ministers that a lot of work has culminated into the agreement that exists now.
Everyone may not be happy with the agreement, but I think what it does do is it creates the possibility for a rational basis on which to deal with this issue without excluding either of the departments.
So the functions are now interwoven and the processes are interwoven. Therefore we need all three departments to work together. We trust that in the next while the two Ministers will operationalise them, and we thank them for all their work.
We want to thank the three departments, their respective directors-general and all the staff under them very much. I know we were hard task masters as a committee and sometimes scolded you, maybe unfairly, but take it in the spirit of everything being good.
To the two portfolio committees - my own and the one on Mineral Resources chaired by hon Faith Bikani - it was wonderful working with you. It was like one happy family and one of the things, in particular, which we did, was to go through five regulatory frameworks that will flow from this legislation. This was not an easy task, so we thank everyone for that. I thank the opposition parties for all their support.
Many legal advisers assisted us and I thank all of them. However I do want to single out Adv Karien van der Merwe, who helped us a great deal with the committee Bill and all the processes that had to be complied with. I do trust that I have thanked everyone, but if I haven't, as the clich goes: all protocol observed. Thank you. [Applause.]
Deputy Speaker, one of the greatest environmental challenges facing South Africa and its people is mining. On the one hand, it has massive benefits for our economy, yet on the other hand, it has the potential to destroy the very environment in which we have to live.
We cannot ignore the economic potential of mining in our country, but at the same time we cannot allow it to occur at the expense of our environment.
South Africa is endowed with massive mineral wealth, estimated by Citibank to be to the value of US$2,5 trillion.
From an economic perspective, mining in South Africa contributes an average of 20% to our country's GDP, and the industry generates an annual income of some R330 billion. It currently creates employment for well over a million people - that is the upside of mining.
The downside of mining is the unscrupulous operators and loopholes in our legislation that have resulted in land degradation and air and water pollution. This damage is a direct result of acid mine drainage, toxic waste and abandoned mines.
The single most negative impact of mining is the destruction it causes. Mine waste remains one of the main sources of pollution in our country. Heavy metals continue to seep into our scarce water supplies, and this has now reached epidemic proportions.
This cannot be left to continue. It will ultimately lead to the systematic destruction of our environment - the very earth and water that is critical to our existence.
The Bill before this House today addresses both the economic and environmental challenges that we currently face. The National Environmental Management Laws Third Amendment Bill proposes amendments to certain provisions in the National Environmental Management Act; the National Environmental Management: Waste Act; and the National Environmental Management Amendment Act.
The Bill proposes amendments by empowering the Minister of Mineral Resources to implement environmental matters in terms of the National Environmental Management Act, insofar as it relates to prospecting, mining, exploration, production or related activities on prospecting, mining, exploration or production areas.
The Bill further proposes amendments to the National Environmental Management: Waste Act to allow the Minister of Water and Environmental Affairs to develop regulations for the management of residue deposits and stock piles; such regulations to be implemented by the Minister of Mineral Resources.
Residue deposits and stock piles continue to pose environmental challenges and are often ignored by operators, but continue to impact on our health and our environment.
The proposed new statute follows proclamations gazetted during June 2008, which initially announced the commencement of the Minerals and Petroleum Resources Development Amendment Act of 2008, and its provisions for a single environmental management system for the mining industry. These have subsequently been withdrawn.
It also follows the introduction in Parliament last month of the much- anticipated Mineral and Petroleum Resources Development Amendment Bill. Amongst its provisions is one proposing that the Minister of Water and Environmental Affairs should be the appeal authority for decisions taken by the Minister of Mineral Resources on environmental authorisation applications or environmental management programmes relating to areas in which mining occurs.
Unscrupulous mining operators and mine owners will now find themselves on the wrong side of the law and will be personally held accountable in terms of section 24 of the Act, which reads, and I quote:
The directors of a company or members of a close corporation are jointly and severally liable for any negative impact on the environment, including damage, degradation or pollution advertently or inadvertently caused by the company or close corporation which they represent.
For too long, mining operators have got away with destroying our environment.
Section 24 will further ensure that an applicant for an authorisation relating to prospecting, exploration, mining or production must, prior to the issue of an environmental authorisation, comply with the financial provision for the rehabilitation, closure and ongoing post decommissioning management of negative environmental impacts.
It is the Minister's responsibility then to ensure that the financial provision is adequate before issuing an environmental authorisation.
All mining applications will now require the submission of an environmental management programme, once again, prior to the application being considered.
The management programme must contain measures regulating responsibilities for any environmental damage, pollution, pumping and treatment of polluted or extraneous water or degradation that may occur inside or outside the boundaries of the operation.
As you heard earlier, timeframes for applications and appeals are now clearly defined in the Bill. Should minerals be discovered while digging an additional standby fire pool at Nkandla and a mining licence is required ... [Laughter.] ... it will take no more than 300 days to process; and not 30 days, as the President said when he stood up here a few weeks ago.
It will take no more than 300 days. An additional 90 days will be required for any appeals.
Another crucial amendment has been introduced that prohibits granting authorisation for commencement and construction until the appeal process has been finalised.
During the portfolio committee's discussion on the Bill, the DA raised its concern that the delegated authority for the issue of licences was given to the Minister responsible for mineral resources. Recent experience has clearly shown that the environmental competencies of the Department of Mineral Resources are considerably weaker than those of the Department of Environmental Affairs.
Under the existing law the competent authority for environmental authorisations of mines is the Minister of Mineral Resources. There are, however, various other components of mining developments that still require approval from the Minister of Environmental Affairs.
This creates confusion and hampers the efficiency of the approval process. The DA is still of the opinion that a single, competent authority to manage environmental authorisation should fall under the sole competency of the Minister of Environmental Affairs.
However, this being said, we are pleased to note and acknowledge that the committee made the Minister of Environmental Affairs the appeal authority in this case.
A further concern which was raised during the portfolio committee's debates is the appointment of environmental mineral resource inspectors by the Minister of Mineral Resources. However, again, we are delighted that, should the appointed inspectors from the Department of Mineral Resources not be able to perform their functions competently, the Bill provides that the Minister of Environmental Affairs may send in inspectors from that department.
The DA believes that this Bill is progressive in dealing with both the streamlining of applications as well as the current environmental challenges in the mining industry.
Again, I would like to express my thanks to the chairperson for his leadership and knowledge. It has been an extremely technical and legalistic Bill and he has done his work admirably. To my fellow committee members, I thank you for your support and for the way we were able to put this together.
Lastly, to the hon Minister, who has shown such passion, commitment and dedication in this portfolio, I would just like to say, hon Minister, I am sorry that you and I didn't get the opportunity to engage at committee level. I have not seen you at a committee meeting and I have been part of this organisation and this august House for one year.
Speaker, the DA supports the Bill. Thank you. [Applause.]
Hon Speaker, hon Ministers, hon Deputy Ministers, hon members and our visitors in the gallery, the ANC's position on environmental issues has been consistent and is reflected in the RDP document.
It is this vision that has informed the various policies, programmes and actions of the ANC-led government since 1994. The ANC vision therefore sought to embrace a transformative environmentalism based upon the idea of sustainable development which is built upon the interconnection of environmental, social and economic justice.
The ANC ensured environmental rights were firmly entrenched in our SA Constitution so that both individuals and communities are able to defend their rights to a safe and sound environment.
This constitutional base has provided and still provides the framework and orientation for a variety of laws, including those we are debating today. The environmental impact of mining, worldwide, includes erosion, formation of sinkholes, loss of biodiversity and chemical contamination of soil, ground water and surface water.
Some mining methods may have significant environmental and public health effects. In urbanised environments, mining may produce noise pollution, dust pollution and visual pollution; whilst in rural areas the environmental impact of mining could be the destruction and disturbance of ecosystems and habitats, as well as disturbance or destruction of productive grazing and croplands. The 2012 ANC State Intervention in the Mineral Sector report clearly states that although mining should create safe and decent work, mineral extraction should not compromise local communities or the environment.
Acceptance of the Integrated Environmental Management, IEM, principles, embodied in the National Environmental Management Act, Act 107 of 1998, brought mining legislation closer to the ambit of the other environmental planning legislation to control activities that could potentially have a negative impact on the environment.
Specific obligations were placed on the then Department of Minerals and Energy to ensure harmonisation of environmental policies, plans and programmes. However, it became clear that amendments to the existing legislation were required, which led to an agreement being reached between the relevant departments in 2013 to introduce new ways of dealing with the matter.
It was agreed that all the aspects related to the environment would be regulated through one system under the environmental legislation; that the Minister responsible for water and the environment will set the environmental regulatory framework, norms and standards; whilst the Minister responsible for mineral resources will implement the provisions of the National Environmental Management Act and the subordinate legislation as far as it relates to mining activities.
The two portfolio committees jointly met to align all existing and subordinate legislation in the form of regulations and amendments thereto, to give effect to the 2013 agreement between the three departments.
It was then resolved to convert the agreements into legislative amendments to the current legislation being administered by the three departments; and to integrate and align all three timeframes and procedures in the different pieces of legislation and their regulatory frameworks.
This will apply to environmental laws in mining areas in a well-co- ordinated, structured and synchronised manner and will give effect to the one environmental system approach.
Technical amendments to the relevant sections of the National Water Act seek to achieve the alignment and synchronisation of timeframes and steps for the processing of water-use licences; environmental authorisation licences under the specific environmental management Acts; and other licences, permits, and rights in terms of the Mineral and Petroleum Resources Development Act.
Section 50A of the National Water Amendment Bill identifies the manner in which future amendments of matters related to the agreement must be made; requires that there is concurrence between the relevant Ministers on the proposed amendments to the Act; and that the amendments must be tabled to allow Parliament to express its views on the proposed amendments.
One of the important, if not most important, impacts of the amendments is that there will be joint initiatives by the departments which include, but are not limited to, participation in the interdepartmental implementation committee on integrating the licensing systems, alignment in the drafting of legislation, and joint inspections for compliance monitoring on the National Water Act, the Mineral and Petroleum Development Act and the National Environmental Management Act.
This piece of legislation is further proof that the ANC will continue to influence the latest progressive ideas and policies on how best to improve the human conditions of our people, as well as ensuring the sustainability of the environment while supporting economic development.
The ANC supports this amending Bill. I thank you. [Applause.]
Hon Deputy Speaker, the IFP notes that the Bill before us today aims to provide our country with a better environmental management system in the form of the one environmental system, which the department has been trying to implement since 2008.
A more centralised environmental system for the country would allow for all environmental-related activities to be regulated through one system.
Together with the National Water Amendment Bill, the National Environmental Management Laws Third Amendment Bill will bring the overall protection of the environment under its scope. The Bill will achieve this objective by assisting the Department of Mineral Resources and empowering the Minister of that department with the capacity to implement the provisions in this Bill when dealing with mining or prospecting issues which can damage our environment if not managed properly.
The National Water Amendment Bill aims to streamline the licensing of water usage and deals with any appeals that may result from any applications that are in dispute with the Department of Mineral Resources.
These Bills create an atmosphere of co-operation between the Departments of Mineral Resources and Water and Environmental Affairs and have the potential to ensure not only that we mine for much-needed raw material in a responsible way, but also that no harm comes to the wildlife around us.
It is our responsibility to ensure that our children and their children will have an environment that they can continue to enjoy, rather than finding themselves left with a wasteland.
Water is a resource that needs to be managed very carefully. Incidents of acid mine drainage are environmental disasters and also pose a danger to our people's health.
Water contamination deals a heavy blow to our attempts to provide water to the people who need it; and the companies responsible for most of the contamination through their lack of waste management, will have to be held accountable for this issue. With these Bills, it is our hope not only that any damage to our environment will be minimised, but also that it will be extremely difficult for any more companies to dump their waste wherever they please, resulting in water contamination.
These companies can now be forced to implement better measures to ensure that when they produce their products, the environment does not become a casualty.
The IFP supports this Bill. Thank you.
Madam Deputy Speaker, South Africa is indeed a water-scarce country. Because of the natural beauty and resource-richness of our land, we should be governed and not exploited.
As we proceed on the path of development and a brighter future for all our citizens, we do not have the luxury of allowing environmental issues to stagnate, as developed nations did over the last 100 years.
There is definitely a decision that constantly needs to be made between growth opportunities that will contribute to job creation and the environment. These Bills propose amendments to the national environmental management laws and give effect to a single environmental management system. This is a move in a positive direction and the MF supports the call.
The streamlining of the system and the removal of duplications in the previous Acts will certainly put South Africa in a better position to assist the mining industry more efficiently, and this will create a better climate in which mineworkers and other people in the industry can operate.
Similar to special economic zones where government strives to create a favorable environment for businesses - Minister Pravin Gordhan focused on this in his Budget Speech yesterday - this Bill, within the very same context, strikes a balance between environmental responsibility and helping to speed up the administrative processes.
The MF welcomes, amongst other things, the amendment of section 24(n), where an environmental management programme has to be submitted by anyone before an application is approved.
This holds mining companies accountable and liable for any environmental damage that might occur due to mismanagement or negligence in adhering to the rules and deliberately nullifying government policies.
This will prevent companies from exploiting our resource-rich country to the detriment of those most dependent on our natural resources, namely the poor and the marginalised communities. We must never again experience the horrific impact of a system that only benefited the elite. [Interjections.]
Of course, the DA's business is commonly known to perpetuate this type of mentality. [Interjections.] Parties like the DA created a big fuss last year around acid mine drainage and its environmental effects. However, as calmness has been restored, we are shown that this government understands the problems and delivers accordingly, efficiently and effectively.
These amendments will provide us with enough teeth to hold mining companies and shareholders who are out of line accountable to the wrath of the law.
Furthermore, it is also prescribed that an annual assessment be made by mining companies regarding their environmental impact and liability. This, once again, provides mechanisms for government to regulate the entire process more efficiently. It is imperative that we remind ourselves again of the balance between industry and the environment, between economic growth and the protection of our land for future generations, between streamlining the pivotal mining sector of our economy and creating jobs, while also remaining environmentally responsible.
Therefore it is absolutely imperative and incumbent upon all South Africans who breathe South African air and who live on South African soil to commit to the protection of all our natural resources.
The MF supports the Bill. Thank you. [Applause.]
Hon Deputy Speaker, hon Ministers, Deputy Ministers and hon members, I greet you all.
The ANC has played a leading role in shaping global debates on environmental justice. This includes our participation in the Rio Earth Summit, followed by South Africa's hosting of the World Summit for Sustainable Development in 2002.
At these historic forums the ANC has consistently championed a progressive response to the environmental dimensions of the development challenges facing Africa and the countries of the South.
In the light of all of this, the ANC continues to provide leadership on environmental issues, which includes working with progressive forces to ensure that environmental matters continue to receive the prominence that they deserve.
At its 53rd national conference in December 2012, the ANC resolved that government had to implement economic policy programmes that would move the country on a more sustainable development path in order to create new, green and environmentally friendly jobs; and to adapt to, manage and limit potentially damaging climate-change impacts through interventions that build and sustain socioeconomic and environmental resilience.
There could and should be a positive relationship between economic growth and the environment. When I speak of economic growth and the environment in terms of today's debate, I am referring to growth that is supported by South Africa's mining industry.
Sustainability is defined as development that meets the needs of the present without compromising the ability of future generations to meet their own needs. Sustainable development is, therefore, typically supported by three pillars, namely economic growth, environmental protection and social progress.
Today we are addressing a challenge with regard to the environmental aspects of mining, which has resisted a broadly acceptable and lasting solution for more than a decade. These include the environmental aspects of exploration, prospecting, mining and production activities - encapsulated as mining activities - that were previously excluded from the scope of the National Environmental Management Act and were regulated in terms of the Mineral and Petroleum Resources Development Act.
However, activities relating to mining were identified as requiring environmental authorisation under the National Environmental Management Act. As both laws had their own processes and information requirements, it led to a lack of integration in the mining sector.
Because of the need to strengthen institutional arrangements and planning methods for the management of environmental matters as they relate to mining activities, co-ordination and co-operation between the Department of Mineral Resources and the Department of Water and Environmental Affairs have become evident.
In 2010, the Strategy for Sustainable Growth and Meaningful Transformation of South Africa's Mining Industry was adopted. The strategy identified, amongst other things, a fragmented licensing mechanism as one of the key binding constraints to the global competitiveness of the industry.
It became clear that amendments to the existing legislation were required. This led, in 2013, to an agreement being reached between the departments which introduced a more integrated manner of dealing with the challenges.
One of the important outcomes of this agreement is that the Minister responsible for mineral resources, the Minister responsible for water and the Minister responsible for the environment - fortunately water and environmental matters fall under one Minister - agreed on fixed timeframes for the consideration and issuing of environmental authorization, in terms of their respective legislation, and also agreed to synchronise the timeframes.
The environment management programme must contain measures regulating responsibilities for any environmental damage, pollution, pumping and treatment of polluted or extraneous water or ecological degradation which may occur inside and outside of the boundaries of the operations in question.
The ANC advocates co-operation and co-ordination of efforts to bring about an environment of sustainable development supported by the three pillars, namely economic growth in the mining sector, environmental protection and social progress.
Before I close, let me answer a question which is always raised at this podium. Hon Rodgers always points a finger at our Minister as someone who is not responsible and does not come to our committee meetings.
That is not true, because the Minister always avails herself when requested by the portfolio committee to do so or when she wants to share something with us. The Minister, in fact, is not a difficult person to work with and I must thank her for that. [Applause.]
Let me also thank the Minister of Mineral Resources, Ms Shabangu, for the good working relationship that she has demonstrated to us as members of the portfolio committee. Hon Minister, thank you for being available to this portfolio committee and giving your support to its work of drafting this piece of legislation that will assist this country.
Abantu bekhethu abahlala eSecunda, nalabo abahlala eBethal, nanyana kungabakhona ukusilaphazeka kwamanzi namkha kommoya bazakuhlala bavikelekile ngebanga loMthethomlingwa lo. Ngiyathokoza kwamambala! [Ukuwahla.] (Translation of isiNdebele paragraph follows.)
[Our people who reside in Secunda and those who reside in Bethal, even if there is water and air pollution, will always be protected as a result of this Constitution. Thank you very much! [Applause.]]
Hon Deputy Speaker, I first of all want to thank hon Skosana for responding to the issue raised by hon Rodgers.
I also thought that I should say I heard hon Rodgers saying: "Thank you, my Minister, for ensuring that you are always so accessible", or whatever words he used. Maybe I misheard him, but whatever he said, it was in the curveball kind of approach used all the time. I expected this; it was not surprising. We in the ANC have learnt to catch curveballs.
In the same vein, he also says that the hon Minister does not attend meetings. He says in these words: "My Minister" - My!- "we express our appreciation ... for being diligent" - he did say this - "and so passionate and committed".
Where do you see this passion if we never come to the committee? I mean, honestly, how on earth could we then become so unreliable? Sorry, please don't try this curveball.
Try something else, not this curveball - talking about Nkandla again, as you did in the middle of a debate on such a good law. It's a curveball. We can catch it, but today is not a day about Nkandla. [Interjections.]
Let me say this to South Africans, including the DA: Thank you very much. Today, the South African Parliament has said, loud and clear, that we are sending a signal through this Bill, which will be read for a third time today and will be assented to and signed off by the President.
The message we are sending is to the investors, and it is that they should have confidence in the growth of South Africa, because South Africa has said, loud and clear, that it is ready to process their applications timeously, with efficiency, dignity and complete professionalism. This is what we are saying through this law. [Applause.]
I want to thank all of you. I don't even have to respond to some of the issues, because all of the parties agreed, except to say that indeed we are looking forward to the passing of the Bill, the amendments in the Mineral and Petroleum Resources Development Amendment Bill, next week when some of the changes that hon member De Lange spoke about will be effected.
I must also thank all hon members. This has not been an easy exercise. To be precise, it did not start only in 2008, as the hon member said. This discussion and this battle started way back when I was still MEC for Environment in 1996 and 1997. Of course, the discussions about integration and one system started in 2008, and Parliament is passing this Bill now today.
We are very grateful to you for all your hard work, hon Adv De Lange, and all the committee members, for working so hard continuously. This is one committee that has shown that indeed it is doable to integrate and that the best co-operative governance in South Africa is doable. Thank you. [Applause.]
Debate concluded.
Bill read a second time.
The Bill will be sent to the NCOP for concurrence.