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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

21. Criteria for determining whether basic assessment or scoping is to be applied to applications

 

 

1) Basic assessment must be applied to an application if the authorisation applied for is in respect of an activity listed in—
a) Government Notice No. R. 386 of 2006; or
b) a notice issued by the Minister or an MEC in terms of section 24D of the Act identifying further activities for which environmental authorisation is required and stipulating that the procedure described in Part 2 of this Chapter must be applied to applications for environmental authorisation in respect of those activities.

 

2) Scoping must be applied to an application if—
a) the authorisation applied for is in respect of an activity listed in—
i) Government Notice No. R. 387 of 2006;
ii) a notice issued by the Minister or an MEC in terms of section 24D of the Act identifying further activities for which environmental authorisation is required and stipulating that the procedure described in Part 3 of this Chapter must be applied to applications for environmental authorisation in respect of those activities;
b) permission has been granted in terms of subregulation (3) for scoping instead of basic assessment to be applied to the application; or
c) the application is for two or more activities as part of the same development and scoping must in terms of paragraph (a) or (b) be applied in respect of any of the activities.

 

3) If an applicant intends undertaking an activity to which basic assessment must be applied in terms of subregulation (1) and the applicant, on the advice of the EAP managing the application, is for any reason of the view that it is unlikely that the competent authority will be able to reach a decision on the basis of information provided in a basic assessment report, the applicant may apply, in writing, to the competent authority for permission to apply scoping instead of basic assessment to the application.