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


Environmental Impact Assessment Regulations Listing Notice 1 of 2010

2. Definitions


(1) 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—



means an undertaking involving the beneficiation of agricultural produce;



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



means an excavated hollow bed for running water or an artificial underwater depression to make a water body navigable in a natural watercourse, 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 products such as milk or eggs;



means the building, erection or establishment of a facility, structure or infrastructure that is necessary for the undertaking of a listed or specified activity but excludes any modification, alteration or expansion of such a facility, structure or infrastructure and excluding the reconstruction of the same facility in the same location, with the same capacity and footprint;



when used in these Regulations means any barrier dam and any other form of impoundment used for the storage of water;


"dangerous goods"

means goods containing any of the substances as contemplated in South African National Standard No. 10234, supplement 2008 1.00: designated "List of classification and labelling of chemicals in accordance with the Globally Harmonized Systems (GHS)" published by Standards South Africa, and where the presence of such goods, regardless of quantity, in a blend or mixture, causes such blend or mixture to have one or more of the characteristics listed in the Hazard Statements in section 4.2.3, namely physical hazards, health hazards or environmental hazards;



means to take out of active service permanently or dismantle partly or wholly, or closure of a facility to the extent that it cannot be readily re-commissioned;


"derelict land"

means abandoned land or property where the lawful/legal land use right has not been exercised during the preceding ten year period;


"development footprint"

in respect of land, means any evidence of physical alteration as a result of the undertaking of any activity;


"development setback"

means a setback line as defined or adopted by the competent authority and where none has been defined or adopted it will be assumed that no setback line applies;



means a body of surface water—

(a) that is part of a water course that is permanently or periodically open to the sea;
(c) in which a rise and fall of the water level as a result of the tides is measurable at spring tides when the water course is open to the sea; or
(c) in respect of which the salinity is measurable higher as a result of the influence of the sea;



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


"indigenous vegetation"

refers to vegetation consisting of indigenous plant species occurring naturally in an area, regardless the level of alien infestation and where the topsoil has not been lawfully disturbed during the preceding ten years;


"industrial complex"

means an area used or zoned for bulk storage, manufacturing, processing or packaging purposes;


"large stock unit"

means domesticated units including but not limited to cattle and horses, as well as game, including but not limited to antelope and buck with an average adult male live weight of 100 kilograms or more;


"linear activities"

include railways, roads, funiculars, pipelines, conveyor belts, cableways, powerlines, fences, runways, aircraft landing strips, and telecommunication lines;



means a constructed waterway that is normally associated with residential or commercial use and that could include mooring facilities;


"mixed use"

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


"phased activities"

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;


"small stock unit"

means domesticated units, including sheep, goats and pigs, as well as game, including but not limited to antelope and buck with an average adult male live weight of less than 100 kilograms;


"the Act"

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



means that no facilities, structures or infrastructure have been effected upon the land or property during the preceding 10 years;



in relation to a quantity standard for determining throughput of facilities or infrastructure for the slaughter of animals, has the meaning assigned to it in Regulations promulgated in terms of the Meat Safety Act, 2000 (Act No. of 40 of 2000);


"urban areas"

means areas situated within the urban edge (as defined or adopted by the competent authority), or in instances where no urban edge or boundary has been defined or adopted, it refers to areas situated within the edge of built-up areas;



means not occupied for the purpose of its lawful land use during the preceding ten year period.


"virgin soil"

means land not cultivated for the preceding 10 years.



means -

(a) a river or spring;
(b) a natural channel or depression in which water flows regularly or intermittently;
(c) a wetland, lake or dam into which, or from which, water flows; and
(d) any collection of water which the Minister may, by notice in the Gazette, declare to be a watercourse as defined in the National Water Act, 1998 (Act No. 36 of 1998) and a reference to a watercourse includes, where relevant, its bed and banks;



means land which is transitional between terrestrial and aquatic systems where the water table is usually at or near the surface, or the land is periodically covered with shallow water, and which land in normal circumstances supports or would support vegetation typically adapted to life in saturated soil.


(2) The following words relevant to coastal activities will have the meaning so assigned to it in the Integrated Coastal Management Act, 2008 (Act No.24 of 2008 "coastal protection zone";
(a) "coastal public property";
(b) "high-water mark";
(c) "littoral active zone";
(d) "low-water mark";
(e) "sea"; and
(f) "seashore.


(3) The following words will have the meaning assigned to them in terms of section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)-
(a) "mine";
(b) "mineral";
(c) "mining permit";
(d) "prospecting";
(e) "prospecting area";
(f) "prospecting right".


[Regulation 2 amended by regulation 19 of the National Environmental Management Act, 1998 (Act No. 107 of 1998) Amendments to Environmental Impact Assessment Regulations, 2010 and Listing Notices]