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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 3 : Applications subject to scoping and environmental impact assessment

31. Consideration of scoping reports

 

 

1) The competent authority must, within 30 days of receipt of a scoping report, consider the report, and in writing—
a) accept the report and the plan of study for environmental impact assessment contained in the report and advise the EAP to proceed with the tasks contemplated in the plan of study for environmental impact assessment;
b) request the EAP to make such amendments to the report or the plan of study for environmental impact assessment as the competent authority may require;
c) reject the scoping report or the plan of study for environmental impact assessment if it—
i) does not contain material information required in terms of these Regulations; or
ii) has not taken into account guidelines applicable in respect of scoping reports and plans of study for environmental impact assessment.

 

2) In addition to complying with subregulation (1), the competent authority may advise the EAP of any matter that may prejudice the success of the application.

 

3) A scoping report or plan of study for environmental impact assessment that has been rejected by the competent authority in terms of subregulation (1)(d) may be amended and resubmitted by the EAP.

 

4) On receipt of the amended scoping report or plan of study for environmental impact assessment, the competent authority must reconsider the scoping report or plan of study for environmental impact assessment in accordance with subregulation (1).