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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 2 : Applications subject to basic assessment

23. Content of basic assessment reports

 

 

1) The EAP managing an application to which this Part applies must prepare a basic assessment report in a format published by, or obtainable from, the competent authority.

 

2) A basic assessment report must contain all the information that is necessary for the competent authority to consider the application and to reach a decision contemplated in regulation 26, and must include—
a) details of—
i) the EAP who prepared the report; and
ii) the expertise of the EAP to carry out basic assessment procedures;
b) a description of the proposed activity;
c) a description of the property on which the activity is to be undertaken and the location of the activity on the property, or if it is—
i) a linear activity, a description of the route of the activity; or
ii) an ocean-based activity, the coordinates within which the activity is to be undertaken;
d) a description of the environment that may be affected by the proposed activity and the manner in which the geographical, physical, biological, social, economic and cultural aspects of the environment may be affected by the proposed activity;
e) an identification of' all legislation and guidelines that have been considered in the preparation of the basic assessment report;
f) details of the public participation process conducted in terms of regulation 22(a) in connection with the application, including—
i) the steps that were taken to notify potentially interested and affected parties of the proposed application;
ii) proof that notice boards, advertisements and notices notifying potentially interested and affected parties of the proposed application have been displayed, placed or given;
iii) a list of all persons, organisations and organs of state that were registered in terms of regulation 57 as interested and affected parties in relation to the application; and
iv) a summary of the issues raised by interested and affected parties, the date of receipt of and the response of the EAP to those issues;
g) a description of the need and desirability of the proposed activity and any identified alternatives to the proposed activity that are feasible and reasonable, including the advantages and disadvantages that the proposed activity or alternatives will have on the environment and on the community that may be affected by the activity;
h) a description and assessment of the significance of any environmental impacts, including cumulative impacts, that may occur as a result of the undertaking of the activity or identified alternatives or as a result of any construction, erection or decommissioning associated with the undertaking of the activity;
i) any environmental management and mitigation measures proposed by the EAP;
j) any inputs made by specialists to the extent that may be necessary; and
k) any specific information required by the competent authority.

 

3) In addition, a basic assessment report must take into account—
a) any relevant guidelines; and
b) any practices that have been developed by the competent authority in respect of the kind of activity which is the subject of the application.