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Marine Living Resources Act, 1998 (Act No. 18 of 1998)

Regulations

Regulations in terms of the Marine Living Resources Act, 1998

Chapter 6 : Mariculture

69. Environmental impact assessment

 

(1) A mariculture permit shall be subject to the condition that if the Minister has reason to believe that the activities at any mariculture premises or any proposed mariculture operations may be having, or may in future have, a detrimental impact on the environment, the Minister may, by written notice, require the permit holder or the developer of a proposed mariculture operation, to commission an assessment of the environmental impacts of the existing or proposed mariculture activities by an appropriately qualified independent person and to submit a report of the assessment to the Minister within the period specified in the notice.

 

(2) For the purposes of subregulation (1), "develop" includes establishing new mariculture premises or making material modifications to existing mariculture premises.

 

(3) An environmental impact assessment in terms of this regulation shall be conducted, and the environmental impact assessment report shall be presented, in accordance with guidelines determined by the Minister.

 

(4) The Minister may exempt a mariculture development from the provisions of subregulation (1): Provided that the proposed mariculture development is situated in a mariculture development area and an appropriate environmental impact assessment has been conducted in respect of the area where the mariculture development is to be sited.

 

(5) Specific water quality checks and other tests may be required to be conducted where an environmental impact assessment study identifies the potential for deleterious environmental factors to be present in the area where the proposed mariculture development is to be sited.