Forestry, Fisheries and the Environment Minister Barbara Creecy has published the amendments to the National Environmental Management Act (Nema) Section 24H Regulations for implementation, which require the registration of environmental assessment practitioners (EAPs) responsible for Nema environmental authorisation (EA); Nema Section 24G; and waste management licence (WML) application processes.

The regulations also specify tasks that may only be performed by a registered EAP. The deadline for the compulsory registration of EAPs performing the specified tasks is August 8.

The amendments were required to provide contextual clarity, certainty on who is required to be registered as an EAP and by when, specify tasks that can only be performed by a registered EAP and to address potential implementation challenges, the Department of Forestry, Fisheries and the Environment (DFFE) said on August 3.

"The amendments to the regulations further explicitly exclude certain role-players in the Nema EA, Nema Section 24G and WML application processes from the requirement to be registered based on reasons of rationality and practicality.

"These include persons that take the final decisions on applications such as the Ministers responsible for the environmental and mineral resources portfolios, members of the executive council, directors-general of the DFFE and the Department of Mineral Resources and Energy, heads of departments or persons acting in any of those positions, as well as persons who provide comments on documents, and persons who investigate, assess or prepare specialist reports," the DFFE said.

The amendments would not limit or exclude the participation of any person in the public participation processes for applications that fall within the scope of the regulations, but will advance the professionalisation of the EAP sector, the department added.

The Nema Section 24H Regulations were gazetted for public consultation on December 31, 2021. Comments on the proposed amendments have been duly considered and the regulations revised accordingly.