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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 4 : Amendment and Withdrawal of Environmental Authorisations

Part 1 : Amendments on application by holders of environmental authorisations

42. Consideration of applications

 

 

1) On receipt of an application made in terms of regulation 40, the competent authority—
a) must consider whether granting the application is likely to adversely affect the environment or the rights or interests of other parties; and
b) may for that purpose request the applicant to furnish additional information.

 

2) The competent authority must promptly decide the application if—
a) the application is for a non-substantive amendment to the environmental authorisation; or
b) the environment or the rights or interests of other parties are not likely to be adversely affected.

 

3) If the application is for a substantive amendment, or if the environment or the rights or interests of other parties are likely to be adversely affected, the competent authority must, before deciding the application, request the applicant to the extent appropriate—
a) if necessary, to conduct a public participation process as referred to in regulation 56 or any other public participation process that may be appropriate in the circumstances to bring the proposed amendment to the attention of potential interested and affected parties, including organs of state which have jurisdiction in respect of any aspect of the relevant activity;
b) to open and maintain a register of all interested and affected parties in respect of the application in accordance with regulation 57;
c) to conduct such investigations and assessments as the competent authority may direct, to prepare reports on those investigations and assessments, and, if the competent authority so directs, to make use of an EAP for this purpose.
d) to give registered interested and affected parties an opportunity to submit comments on those reports; and
e) to submit to the competent authority those reports, together with any comments on those reports from registered interested and affected parties.

 

4) If the environment is likely to be adversely affected in a way that would significantly impact on the environment, the competent authority must—
a) return the application to the applicant; and
b) request the applicant to submit an application in terms of Chapter 3 of these Regulations as if it is a new application for environmental authorisation.