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

Regulations in Terms of Chapter 5 of the National Environmental Management Act, 1998

Chapter 3 : Applications for Environmental Authorisations

Part 1 : General matters

18. General requirements for EAPs



An EAP appointed in terms of regulation 17(1) must—

a) be independent;
b) have expertise in conducting environmental impact assessments, including knowledge of the Act, these Regulations and any guidelines that have relevance to the proposed activity;
c) perform the work relating to the application in an objective, manner, even if this results in views and findings that are not favourable to the applicant;
d) comply with the Act, these Regulations and all other applicable legislation;
e) take into account, to the extent possible, the matters listed in regulation 8(b) when preparing the application and any report relating to the application; and
f) disclose to the applicant and the competent authority all material information in the possession of the EAP that reasonably has or may have the potential of influencing—
i) any decision to be taken with respect to the application by the competent authority in terms of these Regulations; or
ii) the objectivity of any report, plan or document to be prepared by the EAP in terms of these Regulations for submission to the competent authority.