There are a number of important upcoming environmental law related compliance dates to diarise:

National Environmental Management Act, 1998 (NEMA)

• Environmental audit reports - The following rights holders are required to prepare and submit their first environmental audit report to the competent authority on or before 7 December 2019:
   
  • Right holders under the MPDRA with EMPRs/EMPs still in effect after 8 December 2014;
  • Holders of an EA issued in terms of the ECA regulations or the previous NEMA regulations still in effect by 8 December 2014; and
  • The audit report must meet the requirements of Part 3 of Chapter 5 of the EIA regulations (relating to the auditing of compliance with an EA, EMPr and closure plan, and the amendment thereof as a result of an audit).

• EAP registrations - By and from 8 February 2020, EAPs must be registered with the EAPASA.
   
• National screening tool reports - The submission of a site-specific report generated from the national web-based environmental screening tool will be compulsory when submitting an application for an EA in terms of regulations 19 and 21 of the EIA regulations, 2014 from 5 October 2019. Until such time, the screening tool will be available for voluntary use.

• Financial provisioning (FP) - The transitional timeframes in the 2015 FP Regulations must be complied with despite the 2nd draft of the proposed replacement FP regulations being out for public comment:
   
  • Holders of offshore oil or gas exploration or production rights must review their financial provision and align same with these Regulations by 19 February 2024; and
  • Holders of all other rights under the MPRDA must review their financial provision and align same with these Regulations by 19 February 2020.

National Environmental Management: Waste Act, 2008 (NEMWA)

• Disposals of wastewater to landfill - From 23 August 2019, the prescribed forms of liquid waste will be prohibited from disposal to landfill.  An additional restriction on the landfill disposal of brine or waste with a high salt content and exceedant leachable concentration for total dissolved solids will apply from 23 August 2021.

National Environmental Management: Air Quality Act, 2004 (NEMAQA)

• NEMAQA listed activities - Effective 1 April 2020, all existing plants will be required to comply with the Minimum Emission Standards for new plants, subject to permissible postponement and suspension applications.

Carbon Tax Act, 2019 (CTA)

• Tax period - The CTA defines the tax period as commencing on 1 June 2019 and ending on 31 December 2019; and subsequent to this period, commencing on 1 January of each year and ending on 31 December of that year.