Acts Online
GT Shield

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

Chapter 5 : Integrated Environmental Management

24O.  Criteria to be taken into account by competent authorities when considering applications

 

(1) If the Minister, the Minister responsible for mineral resources or an MEC considers an application for an environmental authorisation, the Minister, Minister responsible for mineral resources or MEC must—
(a) comply with this Act;
(b) take into account all relevant factors, which may include—
(i) any pollution, environmental impacts or environmental degradation likely to be caused if the application is approved or refused;
(ii) measures that may be taken-
(aa) to protect the environment from harm as a result of the activity which is the subject of the application; and
(bb) to prevent, control, abate or mitigate any pollution, substantially detrimental environmental impacts or environmental degradation;
(iii) the ability of the applicant to implement mitigation measures and to comply with any conditions subject to which the application may be granted;
(iiiA) the ability of the applicant to comply with the prescribed financial provision;

[Section 24O(1)(b)(iiiA) inserted by section 6(b) of Act No. 25 of 2014]

(iv) where appropriate, any feasible and reasonable alternatives to the activity which is the subject of the application and any feasible and reasonable modifications or changes to the activity that may minimise harm to the environment;
(v) any information and maps compiled in terms of section 24(3), including any prescribed environmental management frameworks, to the extent that such information, maps and frameworks are relevant to the application;
(vi) information contained in the application form, reports, comments, representations and other documents submitted in terms of this Act to the Minister, Minister responsible for mineral resources, MEC or competent authority in connection with the application;
(vii) any comments received from organs of state that have jurisdiction over any aspect of the activity which is the subject of the application; and
(viii) any guidelines, departmental policies and environmental management instruments that have been adopted in the prescribed manner by the Minister or MEC, with the concurrence of the Minister, and any other information in the possession of the competent authority that are relevant to the application; and

[Section 24)(1)(b)(viii) amended by section 11 of Act No. 30 of 2013]

(c) take into account the comments of any organ of state charged with the administration of any law which relates to the activity in question.

[Section 24O(1) amended by section 6(a) of Act No. 25 of 2014]

 

(2) The Minister, the Minister responsible for mineral resources or an MEC must consult with every State department that administers a law relating to a matter affecting the environment when such Minister, Minister responsible for mineral resources or MEC considers an application for an environmental authorisation.

[Section 24O(2) amended by section 6(c) of Act No. 25 of 2014]

 

(2A) Where the matter relates to prospecting, exploration, mining or production, the request for comment contemplated in subsection (2), must be submitted by registered mail to the Director-General or provincial head of department of the State department contemplated in subsection (2).

[Section 24O(2A) inserted by section 6(d) of Act No. 25 of 2014]

 

(3) A State department consulted in terms of subsection (2) must submit comment within 30 days from the date on which the Minister, Minister responsible for mineral resources or MEC, or environmental assessment practitioner requests such State department in writing to submit comment.

[Section 24O(3) amended by section 6(e) of Act No. 25 of 2014]

 

(4) [Section 24O(4) deleted by section 6(f) of Act No. 25 of 2014].

 

(5) [Section 24O(5) deleted by section 6(f) of Act No. 25 of 2014].