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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 2 : Competent Authorities

8. Criteria to be taken into account by competent authorities when considering applications

 

 

When considering an application the competent authority must—

a) comply with the Act, these Regulations and all other applicable legislation; and
b) take into account all relevant factors, including—
i) any pollution, environmental impacts or environmental degradation likely to be caused if the application is approved or refused;
ii) the impact on the environment of the activity which is the subject of the application, whether alone or together with existing operations or activities;
iii) measures that could be taken—
aa) to protect the environment from harm as a result of the activity which is the subject of the application; and
bb) to prevent, control, abate or mitigate any pollution, environmental impacts or environmental degradation;
iv) the ability of the applicant to implement mitigation measures and to comply with any conditions subject to which the application may be granted;
v) any feasible and reasonable alternatives to the activity which is the subject of the application and any feasible and reasonable modifications or changes to the activity that may minimise harm to the environment;
vi) any information and maps compiled in terms of section 24(3) of the Act, including any environmental management frameworks compiled in terms of Part 1 of Chapter 8 of these Regulations, to the extent that such information and maps and frameworks are relevant to the application;
vii) the information contained in the application form, reports, comments, representations and other documents submitted in terms of these Regulations to the competent authority in connection with the application;
viii) any comments received from organs of state that have jurisdiction ever any aspect of the activity which is the subject of the application; and
ix) any guidelines that are relevant to the application.