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

Notices

Sections 24 and 24O of the Act

List of Activities and Competent Authorities identified in terms of Sections 24 and 24O of the National Environmental Management Act, 1998

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 –

 

"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;

 

"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 0-626-14417-5, 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;

 

"exploration 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 ;

 

"exploration right"

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

 

"filling station"

means a site where petrol, diesel, liquid petroleum gas or paraffin is offered for sale, and includes shops and car-washing facilities that are located on the same property or form part of the same development but excludes retail shops that sell gas or paraffin in small containers;

 

"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;

 

"mine"

used as a noun or a verb as defined in section 1 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 operation"

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

 

"mining 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;

 

"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;

 

"production 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;

 

"production operation"

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

 

"production 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;

 

"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;

 

"the Act"

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

 

"the regulations"

means he Environmental Impact Assessment Regulations, 2006