LEGAL IMPLICATIONS OF EXPIRED AEL. Sanjay Dubru Gauteng: Agriculture & Rural Development Strategic Compliance and Enforcement

Transcription

1 LEGAL IMPLICATIONS OF EXPIRED AEL Sanjay Dubru Gauteng: Agriculture & Rural Development Strategic Compliance and Enforcement

2 LEGISLATIVE BACKGROUND NEM:AQA came into effect on 24 Feb 2005 National Framework of NEM:AQA came into effect on 11 Sept 2007 GN 220 of GG S60 & S61 came into effect on 1 April GN 248 of GG came into effect on 1 April includes S60 &61.

3 ISSUES NEED TO BE CONSIDERED 1. What is the status of licences as of 1 April 2013 if no renewal application was submitted on 31 March 2013? 2. What is the status of the EA? 3. Can the LA accept an application after 31 March 2013? 4. If renewal applications were accepted, can the LA process such applications? 5. If the LA cannot process renewal applications received after 31 March 2013, what happens to these applications? 6. What happens to industries that did not apply for the renewal of the application by 31 March 2013?

4 S61 of NEM:AQA Transitional arrangements in respect of registration certificates issued in terms of APPA SS1(a) A valid provisional APPA registration certificate continues to be valid for a period of 2 years, subject to par (c). SS1(c) If during the 2year period referred to in par (a): (i) a PAEL is issued, the certificate expires on the date of issue of the provisional licence; or (ii) an AEL is issued, the certificate expires on the date of issue of the licence.

5 SS2(a) S61 of NEM:AQA An valid APPPA registration certificate continues to be valid for a period of 4 years subject to par (d). SS2(b) During the period for which a registration certificate continues to be valid, the provisions of NEM:AQA, read with the necessary changes as the context may require, apply in respect of: (i) the holder of such a certificate as if that person is the holder of an AEL issued in terms of section 42 (1) of this Act for the activity for which the certificate was issued; and (ii) the certificate as if the certificate is an AEL.

6 SS2(c) S61 of NEM:AQA The holder of a registration certificate must within the first three years of the four-year period referred to in par (a), lodge a renewal application in terms of section 47 with the licensing authority of the area in which the activity for which the certificate was issued is carried out. SS2(d)(i) If the holder of a registration certificate fails to comply with paragraph (c), the certificate expires at the end of the three years referred to in paragraph (c).

7 (ii) S61 of NEM:AQA If during the 4 year period referred to in paragraph (a) an AEL is issued to the holder of a registration certificate following an application for renewal in terms of paragraph (c), the certificate expires on the date of issue of the licence. (iii) If during the period before the holder of a registration certificate lodges an application for renewal in terms of paragraph (c), an AEL is issued to the holder of the certificate following a revision in terms of section 45, the certificate expires on the date of issue of the licence. In such event compliance with paragraph (c) falls away.

8 S47 Renewal of PAEL and AEL SS(2) The holder of a licence must before the expiry date of the licence apply for the renewal of the licence to the licensing authority of the area in which the listed activity is carried out, by lodging to the licensing authority an application in the form required by the licensing authority. SS(4) The holder of a PAEL may not apply for the renewal of the provisional licence more than once.

9 SS(5) S47 Sections 38, 40 and 43, read with the necessary changes as the context may require, apply to an application for the renewal of a licence.

10 SS(2) S38 Section 24 of the NEMA and section 22 of the ECA apply to all applications for AEL, and both an applicant and the licensing authority must comply with those sections and any applicable notice issued or regulation made in relation to those sections. SS3 Public participation requirements

11 S39 Factors to be taken into account by LA When considering an application for an AEL, the licensing authority must take into account all relevant matters, including: SS(d) section 24 of NEMA and section 22 of ECA and any applicable notice issued or regulation made pursuant to those sections. SS(f) whether the applicant is a fit and proper person as contemplated in section 49

12 49. Criteria for fit and proper persons In order to determine whether a person is a fit and proper person for the purposes of an application in terms of this Chapter, a licensing authority must take into account all relevant facts, including whether (a) that person has contravened or failed to comply with this Act, the Atmospheric Pollution Prevention Act or any other legislation applicable to air quality; (b) that person has held a PAEL, an AEL or other authority that has been suspended or revoked;

13 (c) 49. Criteria for fit and proper persons that person has been a director or senior manager who is or was a director or manager of a company, a juristic person or firm to whom paragraph (a) or (b) applies; and

14 EA status Prior no EA Definition of commencement-cannot apply for S24G 1998 to date- EA required. If no EA undertaken- S24G application Will LA make a decision before S24G?

15 NEM:AQA offences Relevant section S22 Offences No person may without a PAEL or AEL conduct a listed activity

16 Gauteng statistics LA APPLICATIONS RECEIVED BY 31 MARCH 2013 APPLICATIONS RECEIVED AFTER 31 MARCH 2013 NO OF INDUSTRIES WHO HAVE NOT SUBMITTED APPLICATIONS EKURHULENI SEDIBENG COJ WRDM GDARD 3 1 3