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

Regulations

Environmental Impact Assessment Regulations, 2014

Chapter 4 : Application for Environmental Authorisation

Part 1: General

16. General application requirements

 

(1) An application for an environmental authorisation must—
(a) be made on an official application form obtainable from the relevant competent authority; and
(b) when submitted in terms of regulation 19 or 21, be accompanied by—
(i) unless regulation 39(2) applies, the written consent referred to in regulation 39(1), if the applicant is not the owner or person in control of the land on which the activity is to be undertaken;
(ii) proof of payment of the prescribed application fee, if any;
(iii) a declaration of interest by the EAP or specialist, which EAP or specialist meets all the requirements contemplated in regulation 13;
(iv) an undertaking under oath or affirmation that all the information submitted or to be submitted for the purposes of the application is true and correct;
(v) the report generated by the national web based environmental screening tool, once this tool is operational;
(vi) a description of the location of the development footprint of the activity, including
(aa) the 21 digit Surveyor General code of each cadastral land parcel,
(bb) where available, the physical address or farm name,
(cc) where the required information in subregulation (aa) and (bb) is not available, the coordinates of the boundary of the property or properties,

[Regulation 16(1)(b)(vi) substituted by Notice No. 326 of 2017]

(vii) a plan which locates the proposed activity or activities applied for at an appropriate scale, or if it is—
(aa) a linear activity, a description and coordinates of the corridor in which the proposed activity or activities is proposed; or
(bb) on land where the property has not been defined, the coordinates of the area within which the activity is proposed;  and

[Regulation 16(1)(b)(vii)(bb) substituted by Notice No. 326 of 2017]

(viii) [Regulation 16(1)(b)(viii) deleted by Notice No. 326 of 2017]
(ix) where applicable, proof of acceptance of an application for any right or permit in terms of the Mineral and Petroleum Resources Development Act, 2002.

 

(2) An application for an environmental authorisation may—
(a) where applicable, only be submitted after the acceptance of an application for any right or permit in terms of the Mineral and Petroleum Resources Development Act, 2002;
(b) where section 24L of the Act applies, be submitted in the manner as agreed to by the relevant authorities.

 

(3) Any report, plan or document submitted as part of an application must—
(a) comply with any protocol or minimum information requirements relevant to the application as identified and gazetted by the Minister in a government notice;

[Regulation 16(3)(a) substituted by Notice No. 326 of 2017]

(b) be prepared in a format that may be determined by the competent authority; and
(c) take into account any applicable government policies and plans, guidelines, environmental management instruments and other decision making instruments that have been adopted by the competent authority in respect of the application process or the kind of activity which is the subject of the application and indicate how the relevant information has been considered, incorporated and utilised.