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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 4 : Environmental authorisations

38. Contents of environmental authorisations

 

 

1) An environmental authorisation must specify—
a) the name, address and telephone number of the person to whom the authorisation is issued;
b) a description of the activity that is authorised;
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; and
d) the conditions subject to which the activity may be undertaken, including conditions determining—
i) the period for which the environmental authorisation is valid, if granted for a specific period;
ii) requirements for the management, monitoring and reporting of the impacts of the activity on the environment throughout the life cycle of the activity; and
iii) the transfer of rights and obligations when there is a change of ownership in the property on which the activity is to take place.

 

2) An environmental authorisation may—
a) provide that the authorised activity may not commence before specified conditions are complied with;
b) require the holder of the authorisation to furnish the competent authority with reports prepared by the holder of the authorisation or a person who is independent, at specified times or intervals-
i) indicating the extent to which the conditions of the authorisation are or are not being complied with;
ii) providing details of the nature of, and reasons for, any noncompliance with a condition of the authorisation; and
iii) describing any action taken, or to be taken, to mitigate the effects of any non-compliance or to prevent any recurrence of the non-compliance;
c) require the holder of the authorisation to furnish the competent authority with environmental audit reports on the impacts of the authorised activity on the environment, at specified times or intervals or whenever requested by the competent authority; and
d) include any other condition that the competent authority considers necessary for the protection of the environment.