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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 2: Basic Assessment

19. Submission of basic assessment report and environmental management programme, and where applicable closure plan, to competent authority

 

(1) Where basic assessment must be applied to an application, the applicant must, within 90 days of receipt of the application by the competent authority, submit to the competent authority—
(a) a basic assessment report, inclusive of specialist reports, an EMPr, and where applicable a closure plan, which have been subjected to a public participation process of at least 30 days and which reflects the incorporation of comments received, including any comments of the competent authority; or
(b) a notification in writing that the basic assessment report, inclusive of specialist reports an EMPr and where applicable, a closure plan, will be submitted within 140 days of receipt of the application by the competent authority, as significant changes have been made or significant new information has been added to the basic assessment report or EMPr or, where applicable, a closure plan, which changes or information was not contained in the reports or plans consulted on during the initial public participation process contemplated in subregulation (1)(a) and that the revised reports or EMPr or, where applicable, a closure plan will be subjected to another public participation process of at least 30 days.

[Regulation 19(1)(b) amended by Notice No. 326 of 2017]

 

(2) In the event where subregulation (1)(b) applies, the basic assessment report inclusive of specialist reports, an EMPr, and where applicable, the closure plan, which reflects the incorporation of comments received, including any comments of the competent authority, must be submitted to the competent authority within 140 days of receipt of the application by the competent authority.

 

(3) A basic assessment report must contain the information set out in Appendix 1 to these Regulations or comply with a protocol or minimum information requirements relevant to the application as identified and gazetted by the Minister in a government notice, and, where the application for an environmental authorisation is for prospecting, exploration, or extraction of a mineral or petroleum resource, including primary processing, or activities directly related thereto, the basic assessment report must address the requirements as determined in the regulations, pertaining to the financial provision for the rehabilitation, closure and post closure of prospecting, exploration, mining or production operations, made in terms of the Act.

[Regulation 19(3) substituted by Notice No. 326 of 2017]

 

(4) An EMPr must contain the information set out in Appendix 4 to these Regulations or must be a generic EMPr relevant to the application as identified and gazetted by the Minister in a government notice and, where the application for an environmental authorisation is for prospecting, exploration, or extraction of a mineral or petroleum resource, including primary processing, or activities directly related thereto, the EMPr must contain attachments that address the requirements as determined in the regulations, pertaining to the financial provision for the rehabilitation, closure and post closure of prospecting, exploration, mining or production operations, made in terms of the Act.

[Regulation 19(4) substituted by Notice No. 326 of 2017]

 

(5) A closure plan is required where the application for an environmental authorisation relates to the decommissioning or closure of a facility.

 

(6) A closure plan must contain the information set out in Appendix 5 to these Regulations, and, where the application for an environmental authorisation is for prospecting, exploration,or extraction of a mineral or petroleum resource or activities directly related thereto, the closure plan must address the requirements as set in the regulations, pertaining to the financial provision for the rehabilitation, closure and post closure of prospecting, exploration, mining or production operations, made in terms of the Act.

[Regulation 19(6) substituted by Notice No. 326 of 2017]

 

(7) The content of a closure plan may be combined with the content of an EMPr on condition that the requirements of both Appendices 5 and 4, respectively, are met.

 

(7A) The content of a closure plan may be combined with the relevant plan contemplated in the regulations, pertaining to the financial provision for the rehabilitation, closure and post closure of prospecting, exploration, mining or production operations, made in terms of the Act, on condition that the requirements of both those Regulations and Appendix 5, respectively are met.

[Regulation 19(7A) inserted  by Notice No. 326 of 2017

 

(8) A specialist report must contain all information set out in Appendix 6 to these Regulations or comply with a protocol or minimum information requirement relevant to the application as identified and gazetted by the Minister in a government notice.

[Regulation 19(8) substituted by Notice No. 326 of 2017]