Government Gazette Staatskoerant

1 405137 A38282 1 AIDS HELPLINE: 0800-0123-22 Prevention is the cureGovernment GazetteStaatskoerantREPUBLIC OF SOUTH AFRICAREPUBLIEK VAN SUID-AFRIKAR egulation Gazette No. 10328 RegulasiekoerantVol. 594 Pretoria, 4 DecemberDesember2014No. The Government Printing Works willnot be held responsible for the quality of Hard Copies or Electronic Files submitted for publication purposesPART1 OF2 This Gazette is also available free online at 38282 Government Gazette , 4 DECEMBER 2014 CONTENTSGOVERNMENT NOTICESE nvironmental Affairs, Department ofGovernment NoticesR. 982 National environmental Management Act (107/1998): environmental impact assessment regulations , 2014 ..338282R. 983 do.: Listing notice 1: List of activities and competent authorities identified in terms of sections 24 (2) and 24 D.

2 7538282R. 984 do.: Listing notice 2: List of activities and competent authorities identified in terms of sections 24 (2) and 24 D ..10638282R. 985 do.: Listing notice 3: List of activities and competent authorities identified in terms of sections 24 (2) and 24 D .. NOTICEThe Government Printing Works will not be held responsible for faxed documents not received dueto errors on the fax machine or faxes received which are unclear or incomplete. Please be advisedthat an OK slip, received from a fax machine, will not be accepted as proof that documents werereceived by the GPW for printing. If documents are faxed to the GPW it will be the sender s respon-sibility to phone and confirm that the documents were received in good the Government Printing Works will also not be held responsible for cancellations andamendments which have not been done on original documents received from environmental MANAGEMENT ACT, 1998(ACT NO.)

3 107 OF 1998) environmental impact assessment regulations , 2014I, Bomo Edith Edna Molewa, Minister of environmental Affairs, hereby make the regulations pertainingto environmental impact assessments, under sections 24(5) and 44 of the National EnvironmentalManagement Act, 1998 (Act No. 107 of 1998), as set out in the Schedule hereto.)441/BOMO ETH EDNA MOLEWAMINISTER OF environmental AFFAIRSGOVERNMENTNOTICESDEPARTMENT OF environmental AFFAIRSNo. R. 9824 December 2014 This Gazette is also available free online at , 4 DESEMBER 2014No. 382823 SCHEDULEARRANGEMENT OF REGULATIONSCHAPTER 1 INTERPRETATION AND PURPOSE OF of RegulationsCHAPTER of decision on applicationCHAPTER 3 GENERAL REQUIREMENTS FOR to submit applicationPart 1: Duties of competent between competent authority and organs of state administering a law relating to amatter affecting the by competent authority to proponent or of formsPart 2: Duties of proponents and authorities' right of access to of applicationsThis Gazette is also available free online at 38282 Government Gazette , 4 DECEMBER of EAPs and requirements for EAPs and of EAPs and of assessment process applicable to applicationCHAPTER 4 APPLICATION FOR environmental AUTHORISATIONPart 1.

4 Application of application for compliance with formal to be taken into account by competent authorities when considering applicationsPart 2: Basic of basic assessment report and environmental management programme, andwhere applicable closure plan, to competent on basic assessment applicationPart 3: S& of scoping report to competent of scoping and consideration of environmental impact assessment reports and environmentalmanagement on S&EIR applicationPart 4: environmental of environmental of environmental authorisationThis Gazette is also available free online at , 4 DESEMBER 2014No. 382825 CHAPTER 5 AMENDMENT, SUSPENSION, WITHDRAWAL AND AUDITING OF COMPLIANCE WITHENVIRONMENTAL AUTHORISATION AND environmental MANAGEMENT for amendmentPart 1: Amendments where no change in scope or a change of ownership to be applied for in terms of Part 130 Process and consideration of application for amendment and decisionPart 2: Amendment where a change in scope to be applied for in terms of Part and consideration of application for on amendment applicationPart 3: Auditing and amendment of environmental authorisation, environmental managementprogramme and closure ,environmentalmanagementprogramme and closure of environmental management programme or closure plan as a result of an auditPart 4.

5 Other amendments of environmental management programme or closure amendments of environmental management programme or closure of environmental management programme or closure plan on application by holderof environmental authorisationPart 5: Suspension and withdrawal of environmental and withdrawal of environmental authorisationThis Gazette is also available free online at 38282 Government Gazette , 4 DECEMBER 2014 CHAPTER 6 PUBLIC on land owned by person other than of public participation of interested and affected interested and affected parties entitled to comment on reports and of interested and affected parties to be recorded in reports submitted to competentauthorityCHAPTER 7 GENERAL to comply with requirements for consideration of of similar to people with special 8 TRANSITIONAL ARRANGEMENTS AND of actions undertaken and authorisations issued under previous ECA applications and appeals (ECA)

6 Of actions undertaken and authorisations issued under previous NEMA applications and appeals (NEMA)This Gazette is also available free online at , 4 DESEMBER 2014No. applications (MPRDA) of regulations regulating authorisations for activities in certain coastal of environmental impact regulations , title and commencementAPPENDIX 1 BASIC assessment REPORTAPPENDIX 2 SCOPING REPORTAPPENDIX 3 environmental impact assessment REPORTAPPENDIX 4 environmental MANAGEMENT PROGRAMMEAPPENDIX 5 CLOSURE PLANAPPENDIX 6 SPECIALIST REPORTSAPPENDIX 7 environmental AUDIT REPORTThis Gazette is also available free online at 38282 Government Gazette , 4 DECEMBER 2014 CHAPTER 1 INTERPRETATION AND PURPOSE OF REGULATIONSI nterpretation1.(1)In these regulations any word or expression to which a meaning has been assigned inthe Act has that meaning, and unless the context requires otherwise-"activity" means an activity identified in any notice published by the Minister or MEC in terms ofsection 24D(1)(a) of the Act as a listed activity or specified activity;"Agreement", for the purpose of regulation 1(3) and (4) means the Agreement as contemplated insection 50A(2) of the Act;"alternatives",in relation to a proposed activity, means different means of meeting the generalpurpose and requirements of the activity, which may include alternatives to the-(a)property on which or location where the activity is proposed to be undertaken;(b)type of activity to be undertaken;(c)design or layout of the activity.

7 (d)technology to be used in the activity; or(e)operational aspects of the activity;and includes the option of not implementing the activity;"application" means an application for an-(a) environmental authorisation in terms of Chapter 4 of these regulations ;(b)amendment to an environmental authorisation in terms of Chapter 5 of these regulations ;(c)amendment to an EMPr in terms of Chapter 5 of these regulations ; or(d)amendment of a closure plan in terms of Chapter 5 of these regulations ;This Gazette is also available free online at , 4 DESEMBER 2014No. 382829"basic assessment report" means a report contemplated in regulation 19;"closure plan" means a plan contemplated in regulation 19;"cumulative impact ", in relation to an activity, means the past, current and reasonably foreseeablefuture impact of an activity, considered together with the impact of activities associated with that activity,that initself may not be significant, but may become significant when added to the existing andreasonably foreseeable impacts eventuating from similar or diverse activities;"EAP" means an environmental assessment practitioner as defined in section 1 of the Act;"EMPr" means an environmental management programme contemplated in regulations 19 and 23;" environmental audit report" means a report contemplated in regulation 34.

8 " environmental impact assessment ", means a systematic process of identifying, assessing andreporting environmental impacts associated with an activity and includes basic assessment and S " environmental impact assessment report" means a report contemplated in regulation 23;"independent", in relation to an EAP, a specialist or the person responsible for the preparation of anenvironmental audit report, means-(a)that such EAP, specialist or person has no business, financial, personal or other interest in theactivity or application in respect of which that EAP, specialist or person is appointed in terms of theseRegulations; or(b)that there are no circumstances that may compromise the objectivity of that EAP, specialist orperson in performing such work;excluding -(i)normal remuneration for a specialist permanently employed by the EAP; or(ii)fair remuneration for work performed in connection with that activity, application orenvironmental audit;"linear activity" means an activity that is arranged in or extending along one or more properties andwhich affects the environment or any aspect of the environment along the course of the activity, andincludes railways, roads, canals, channels, funiculars, pipelines, conveyor belts, cableways, powerlines, fences, runways, aircraft landing strips, and telecommunication lines.

9 This Gazette is also available free online at 38282 Government Gazette , 4 DECEMBER 2014"minimum information requirements" means the minimum information requirements contemplated insection 24(5)(bA)(viiiA), if any are applicable at the time of the application;"mitigation" means to anticipate and prevent negative impacts and risks, then to minimise them,rehabilitate or repair impacts to the extent feasible;"National Appeal regulations " means the national appeal regulations published in terms of section43(4) and 44 of the Act;"ocean-based activity" means an activity in the territorial waters of the Republic of South Africa;"plan of study for environmental impact assessment " means a study contemplated in regulation 22which forms part of a scoping report and sets out how an environmental impact assessment will beconducted;"proponent" means a person intending to submit an application for environmental authorisation and isreferred to as an applicant once such application for environmental authorisation has been submitted;"receipt" means receipt on the date indicated-(a)on a receipt form if the application or document was hand delivered or sent via registered mail;(b)in an automated or computer generated acknowledgment of receipt;(c)on an acknowledgement in writing from the competent authority as the date of receipt if theapplication or document was sent via ordinary mail.

10 Or(d)on an automated or computer generated proof of transmission in the case of a facsimilemessage."registered environmental assessment practitioner or registered EAP" means an environmentalassessment practitioner registered with an appointed registration authority contemplated in section 24 Hof the Act;"registered interested and affected party", in relation to an application, means an interested andaffected party whose name is recorded in the register opened for that application in terms of regulation42;"scoping report" means a report contemplated in regulation 21;This Gazette is also available free online at , 4 DESEMBER 2014No. 3828211"S&EIR" means the scoping and environmental impact reporting process contemplated in regulation 21to regulation 24;"significant impact " means an impact that may have a notable effect on one or more aspects of theenvironment or may result in non-compliance with accepted environmental quality standards, thresholdsor targets and is determined through rating