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National Environmental Management Act, 1998 (Act No. 107 of 1998)

Regulations

Environmental Impact Assessment Regulations, 2014

Chapter 5 : Amendment, Suspension, Withdrawal and Auditing of Compliance with Environmental Authorisation and Environmental Management Programme or Closure Plan

Part 3: Auditing and amendment of environmental authorisation, environment management programme and closure plan

35. Amendment of environmental management programme or closure plan as a result of an audit

 

(1) The competent authority must consider the environmental audit report and amended documents contemplated in regulation 34 and approve such amended documents if it is satisfied that it sufficiently provides for avoidance, management and mitigation of environmental impacts associated with the undertaking of the activity, or in the case of a closure activity,  the closure of the facility, and that it has been subjected to an appropriate public participation process.

[Regulation 35(1) substituted by section 14(a) of Notice No. 517, GG44701, dated 11 June of 2021]

 

(2) Prior to approving an amended EMPr or closure plan contemplated in subregulation (1), the competent authority may request such amendments to the EMPr or closure plan as it deems appropriate to ensure that the EMPr sufficiently provides for avoidance, management and mitigation of environmental impacts associated with the undertaking of the activity or to ensure that the closure plan sufficiently provides for avoidance, management and mitigation of environmental impacts associated with the closure of the facility in the case of a closure activity.

[Regulation 35(2) substituted by section 14(b) of Notice No. 517, GG44701, dated 11 June of 2021]