Legal Update Bulletin

Newsflash 6 of 2016 - NEMA s24h Registration Authority Regulations

Friday, July 22, 2016 - Implex LCS
NEWSFLASH 6 OF 2016 NEMA S24H REGISTRATION AUTHORITY REGULATIONS

Dear Subscriber

Take note that the Minister of Environmental Affairs, published the regulations pertaining to the appointment of a registration authority responsible for the registration of environmental assessment practitioners and pertaining to the specification of tasks in relation to an application for environmental authorisation that may only be performed by a registered environmental assessment practitioner, under sections 24(5)(e), 24H and 44 of the National Environmental Management Act, 1998 (Act No. 107 of 1998). 

This notice was published in Government Gazette 40154, Government Notice 849 of 22 July 2016.

You can view and download the Gazette from our website under our legislation library.

http://www.implex.co.za/nema?CategoryID=36067

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>>>> Gon849_of_2016_NEMA_S24H_Registration_Authority_Regulations (354KB)


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It is worth noting that in accordance with R14 Environmental Assessment Practitioners are required to register within 24 months of the appointment of the first registration authority. 

In terms of Regulation 22, Short title and Commencement, these Regulations will be called the Section 24H Registration Authority Regulations, 2016, and, with the exception of Regulation 14, take effect on the date of the appointment of the first registration authority.

Regulation 14 of these Regulations takes effect 24 months from the date of the appointment of the first registration authority. Notice of the appointment of the first registration authority will be published in the Government Gazette. 

Regulation 21, that deals with transitional provisions, provides that if a situation arises where an environmental impact assessment and associated EMPr have been initiated or submitted for review to a competent authority as contemplated in section 24C of the Act prior to the coming into effect of regulation 14 of these Regulations, the person responsible for the planning, management, coordination or review of such environmental impact assessment may dispense of his or her responsibilities without complying with regulation 14 of these Regulations. 

We have for ease of reference included Table of Contents for the Regulations.

~~TABLE OF CONTENTS~~

TABLE OF CONTENTS
CHAPTER 1
INTERPRETATION AND PURPOSE

1. Interpretation
2. Purpose of Regulations
CHAPTER 2
APPLICATION FOR APPOINTMENT AS REGISTRATION AUTHORITY

3. Application for appointment as registration authority and content of application
4. Consideration of application and appointment of a registration authority
5. Termination of appointment of an association as a registration authority
CHAPTER 3
MINIMUM REQUIREMENTS OF REGISTRATION AUTHORITY

6. Objectives and responsibilities of a registration authority
7. Functioning of a registration authority
8. Register of environmental assessment practitioners
9. Levying of fees
10. Professional conduct
11. Disciplinary procedures
12. Appeal procedures
13. Foreign qualifications
CHAPTER 4
REGISTRATION OF ENVIRONMENTAL ASSESSMENT PRACTITIONERS

14. Requirement to register as environmental assessment practitioner
15. Categories of registration and minimum criteria for registration as environmental assessment practitioner or candidate environmental assessment practitioner
16. Procedure for registration
17. Procedure for renewal of registration
18. Termination of registration
19. Appeal procedure
CHAPTER 5
GENERAL MATTERS, TRANSITIONAL ARRANGEMENTS AND COMMENCEMENT

20. Offences and penalties
21. Transitional provisions
22. Short title and commencement

~~END TABLE OF CONTENTS~~

We look forward to your positive feedback!

Implex regards, 
Lucinda

  
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