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National Environmental Management Act, 1998 (Act No. 107 of 1998)

List of activities and competent authorities identified in terms of sections 24 and 24D of the National Environmental Management Act, 1998

1. Definitions

 

 

In this Notice, any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned, and unless the context otherwise indicates—

 

"agri-industrial"

means an undertaking involving the production, processing, manufacture, packaging or storage of agricultural produce and includes battery farm operations that are under roof;

 

"aquaculture"

means the farming of animals or plants in an aquatic environment;

 

"asbestos"

means any fibrous mineral silicates, including actinolite, amosite, anthophyllite, chrysotile, crocodolite or tremolite;

 

"associated structures or infrastructure"

means any building or infrastructure that is necessary for the functioning of a facility or activity or that is used for an ancillary service or use from the facility;

 

"canal"

means an open structure that is lined or reinforced for the conveying of a liquid or that serves as an artificial watercourse;

 

"channel"

means an excavated hollow bed for running water or an artificial  underwater depression to make a water body navigable or to improve the flow of water in a natural stream, river or the sea;

 

"concentration of animals"

means the keeping of animals in a confined space or structure, including a feedlot, where they are fed in order to prepare

them for slaughter or to produce secondary products such as milk or eggs;

 

"construction"

means the building, erection or expansion of a facility, structure or infrastructure that is necessary for the undertaking of an activity,  but excludes any modification, alteration or upgrading of such facility, structure or infrastructure that does not result in a change to the nature of the activity being undertaken or an increase in the production, storage or transportation capacity of that facility, structure or infrastructure;

 

"dangerous goods"

means goods that are capable of posing a significant  risk to the health and safety of people or the environment and which are listed  in South African National Standard No. 10228 designated "The identification and classification of dangerous goods for transport", SANS 10228:2003, edition 3, published by Standards South Africa, ISBN 0-626-1 441 7-5, as may be amended from time to time;

 

"expansion"

means the modification, extension or alteration of a facility, structure or infrastructure at which an activity takes place in such a manner that the production, treatment, storage or capacity of the facility is increased;

 

"floodplain"

means a discernable flat landscape feature next to a river or stream that was created by weathering and sedimentation over time;

 

"high-water mark"

means the highest line reached by the water of the sea during ordinary storms occurring during the most stormy period of the year, excluding exceptional or abnormal floods;

 

"infill development"

means urban development, including residential, commercial, retail, institutional, educational and mixed use development, but excluding industrial development, in a built up area which is at least 50 percent abutted by urban development and which can be readily connected to municipal bulk infrastructure services;

 

"mariculture"

means the culture or husbandry of fish in sea water;

 

"mine"

when used as a noun or a verb as defined in section I of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002), as amended;

 

"mineral"

means a mineral as defined in section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002);

 

"mining area"

means an area as defined in terms of section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002), as amended;

 

"mining permit"

means a permit as defined in terms of section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of  2002), as amended;

 

"mixed use"

with regard to an activity, means the presence of two or more types of land use in an area;

 

"petroleum"

means any liquid, solid hydrocarbon or combustible gas as defined in section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002), as amended;

 

"phased development"

means an activity that is developed in phases over time on the same or adjacent properties to create a single or linked entity through interconnected internal vehicular or pedestrian circulation, sharing of infrastructure, or the continuum of design, style or concept by the same proponent or his or her successors;

 

"prospecting"

means prospecting as defined in section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002);

 

"prospecting area"

means an area as defined in section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002), as amended;

 

"prospecting right"

means a right as defined in section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002), as amended;

 

"reconnaissance permit"

means a permit as defined in section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002), as amended;

 

"retention area"

means an area as defined in section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002), as amended;

 

"retention permit"

means a permit as defined in section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002), as amended;

 

"sea"

means the water and the bed of the sea and the subsoil thereof, below the high-water mark, including the water and the bed of any tidal river and tidal lagoon;

 

"South African Manual for Outdoor Advertising Control"

means the Department of Environmental Affairs and Tourism and the Department of Transport publication titled “South African Manual for Outdoor Advertising Control”, published by the Department of Environmental Affairs and Tourism, April 1998, ISBN: 0-621 -27343-0;

 

"the Act"

means the National Environmental Management Act,l998 (Act No. 107 of 1998); and

 

"the regulations"

means the Environmental Impact Assessment Regulations, 2006.