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


Environmental Impact Assessment Regulations Listing Notice 2 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 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;



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;


"derelict land"

means abandoned land or property where the lawful 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;
(b) 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;


"industrial complex"

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


"linear development 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;


"route determination"

means the process of planning and designing a new route;


"the Act"

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


"the regulations"

means the Environmental Impact Assessment Regulations made under section 24(5) of the Act;



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


"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.


(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):
(a) "coastal protection zone";
(b) "coastal public property";
(c) "high-water mark";
(d) "littoral active zone";
(e) "low-water mark";
(f) "sea"; and
(g) "seashore.


3) The following words will have the meaning so assigned in terms of section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002):
(a) "exploration right";
(b) "mine";
(c) "mineral";
(d) "mining permit";
(e) "mininq right";
(f) "production right";
(g) "reconnaissance permit";
(h) "retention area"; and
(i) "retention permit".


[Regulation 2 amended by regulation 20 of the National Environmental Management Act, 1998 (Act No. 107 of 1998) Amendments to Environmental Impact Assessment Regulations, 2010 and Listing Notices]