Long title
To amend the Environment Conservation Act, 1989, so as to adjust
certain definitions; to extend the Minister's powers with regard to the
determination of policy; to make provision for the appointment of
additional members to the Committee for Environmental Co-ordination; to
substitute references to obsolete provisions and names; to empower the
Minister to make regulations relating to the application and
enforcement of international conventions, treaties and agreements; and
to provide for matters connected therewith.
__________
[Act 1994_052_000 Long title unamended wef 1994/12/07]
1. Amendment of section 1 of Act 73 of
1989, as amended by section 1 of Act 98 of 1991, section 1 of Act 79 of
1992 and section 1 of Act 94 of 1993
Section 1 of the Environment Conservation Act, 1989 (hereinafter referred to as the principal Act), is hereby amended-
(a) by the substitution for the definition of "Department" of the following definition: "
" 'Department' means the Department of [ Environment ] [ Environmental ] Affairs [ and Tourism] ;";
(b) by the substitution for the definition of "Director-General" of the following definition: "
" 'Director-General' means the Director-General: [ Environment ] [ Environmental ] Affairs [ and Tourism] ;"; and
(c) by the substitution for the definition of "Minister" of the following definition:
" 'Minister' means the Minister of [ Environment ] [ Environmental ] Affairs [ and Tourism] ;".
__________
[Act 1994_052_001 unamended wef 1994/12/07]
2. Amendment of section 2 of Act 73 of 1989, as amended by section 2 of Act 79 of 1992 and section I of Act 189 of 1993
Section 2 of the principal Act is hereby amended-
(a) by the substitution in subsection (1) for paragraph (d) of the following paragraph:
"(d)
the establishment [ and ] maintenance [ and improvement ] of [acceptable
human living ] environments [which contribute to a generally acceptable
quality of life for the inhabitants] [ in accordance with the
environmental values and environmental needs of communities] [ of the
Republic of South Africa ] ;";
(b) by the addition to subsection (1) of the following paragraphs:
" [
(e) the promotion of the effective management of cultural re-sources in
order to ensure the protection and responsible use thereof;
(f)
the promotion of environmental education in order to establish an
environmentally literate community with a sustainable way of life;
(g) the execution and co-ordination of integrated environmental monitoring programmes] ;"; and
(c) by the substitution for subsection (1A) of the following subsection:
"(1A)
The Minister may, in determining the policy under subsection (1), if in
the opinion of the Minister it will further the objectives mentioned in
subsection (1)(a), (b), (c), [ and ] (d), [ (e) (f) and (g) ] ,
determine norms and standards to be complied with.".
__________
[Act 1994_052_002 unamended wef 1994/12/07]
3. Amendment of section 14 of Act 73 of 1989, as substituted by section 5 of Act 94 of 1993
Section 14 of the principal Act is hereby amended by the addition to subsection (1) of the following paragraph:
" [ (d) any other Director-General of a Department who is not a member of
the committee in terms of paragraph (c) and who has, by notice in the
Gazette, been appointed as a member of the committee by the Minister
with the concurrence of the Minister under whose portfolio that
Department falls. ] ".
__________
[Act 1994_052_003 unamended wef 1994/12/07]
4. Insertion of section 27A in Act 73 of 1989
The following section is hereby inserted in the principal Act after section 27:
"Regulations regarding international conventions, treaties and agreements
[
27A. The Minister may make regulations concerning the application of
any international convention, treaty or agreement relating to the
protection of the environment which, in accordance with section 231 of
the Constitution, forms part of the law of the Republic. ] ".
__________
[Act 1994_052_004 unamended wef 1994/12/07]
5. Amendment of section 28 of Act 73 of 1989
Section 28 of the principal Act is hereby amended by the deletion of paragraph (c).
__________
[Act 1994_052_005 unamended wef 1994/12/07]
6. Short title
This Act shall be called the Environment Conservation Amendment Act, 1994.
__________
[Act 1994_052_006 unamended wef 1994/12/07]
