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

Regulations

Environmental Impact Assessment Regulations, 2014

Chapter 1 : Interpretation and Purpose of Regulations

1. Interpretation

 

(1) In these Regulations any word or expression to which a meaning has been assigned in the Act has that meaning, and unless the context requires otherwise—

 

"activity"

means an activity identified in any notice published by the Minister or MEC in terms of section 24D(1)(a) of the Act as a listed activity or specified activity;

 

"agreement"

means the Agreement as contemplated in section 50A(2) of the Act;

[Definition substituted by Notice No. R. 326 of 2017

 

"alternatives"

in relation to a proposed activity, means different means of meeting the general purpose and requirements of the activity, which may include alternatives to the—

(a) property on which or location where the activity is proposed to be undertaken;
(b) type of activity to be undertaken;
(c) design or layout of the activity;
(d) technology to be used in the activity; or
(e) operational aspects of the activity;

and includes the option of not implementing the activity;

 

"application"

means an application for an—

(a) environmental authorisation in terms of Chapter 4 of these Regulations;
(b) amendment of an environmental authorisation in terms of Chapter 5 of these Regulations;
(c) amendment of an EMPr in terms of Chapter 5 of these Regulations; or
(d) amendment of a closure plan in terms of Chapter 5 of these Regulations;

[Definition substituted by Notice No. 326 of 2017]

 

"basic assessment report"

means a report contemplated in regulation 19;

 

"closure plan"

means a plan contemplated in regulation 19;

 

"cumulative impact"

in relation to an activity, means the past, current and reasonably foreseeable future impact of an activity, considered together with the impact of activities associated with that activity, that in itself may not be significant, but may become significant when added to the existing and reasonably foreseeable impacts eventuating from similar or diverse activities;

 

"EAP"

means an environmental assessment practitioner as defined in section 1 of the Act;

 

"EMPr"

means an environmental management programme contemplated in regulations 19 and 23;

 

"environmental audit report"

means a report contemplated in regulation 34;

 

"environmental impact assessment"

means a systematic process of identifying, assessing and reporting environmental impacts associated with an activity and includes basic assessment and S&EIR;

 

"environmental impact assessment report"

means a report contemplated in regulation 23;

 

"independent"

in relation to an EAP, a specialist or the person responsible for the preparation of an environmental audit report, means—

(a) that such EAP, specialist or person has no business, financial, personal or other interest in the activity or application in respect of which that EAP, specialist or person is appointed in terms of these Regulations; or
(b) that there are no circumstances that may compromise the objectivity of that EAP, specialist or person in performing such work;

excluding—

(i) normal remuneration for a specialist permanently employed by the EAP; or
(ii) fair remuneration for work performed in connection with that activity, application or environmental audit;

 

"linear activity"

means an activity that is arranged in or extending along one or more properties and which affects the environment or any aspect of the environment along the course of the activity, and includes railways, roads, canals, channels, funiculars, pipelines, conveyor belts, cableways, power lines, fences, runways, aircraft landing strips, firebreaks and telecommunication lines;

[Definition substituted by Notice No. 326 of 2017]

 

"minimum information requirements"

[Definition deleted by Notice No. 326 of 2017];

 

"mitigation"

means to anticipate and prevent negative impacts and risks, then to minimise them, rehabilitate or repair impacts to the extent feasible;

 

"National Appeal Regulations"

means the national appeal regulations published in terms of section 43(4) and 44 of the Act;

 

"ocean-based activity"

[Definition deleted by Notice No. 326 of 2017];

 

"plan of study for environmental impact assessment"

means a study contemplated in regulation 22 which forms part of a scoping report and sets out how an environmental impact assessment will be conducted;

 

"proponent"

means a person intending to submit an application for environmental authorisation and is referred to as an applicant once such application for environmental authorisation has been submitted;

 

"receipt"

means receipt on the date indicated—

(a) on a receipt form if the application or document was hand delivered or sent via registered mail;
(b) in an automated or computer generated acknowledgment of receipt;
(c) on an acknowledgement in writing from the competent authority as the date of receipt if the application or document was sent via ordinary mail; or
(d) on an automated or computer generated proof of transmission in the case of a facsimile message.

 

"registered environmental assessment practitioner or registered EAP"

means an environmental assessment practitioner registered with an appointed registration authority contemplated in section 24H of the Act;

 

"registered interested and affected party"

in relation to an application, means an interested and affected party whose name is recorded in the register opened for that application in terms of regulation 42;

 

"scoping report"

means a report contemplated in regulation 21;

 

"S&EIR"

means the scoping and environmental impact reporting process contemplated in regulation 21 to regulation 24;

 

"significant impact"

means an impact that may have a notable effect on one or more aspects of the environment or may result in non-compliance with accepted environmental quality standards, thresholds or targets and is determined through rating the positive and negative effects of an impact on the environment based on criteria such as duration, magnitude, intensity and probability of occurrence;

 

"specialist"

means a person that is generally recognised within the scientific community as having the capability of undertaking, in conformance with generally recognised scientific principles, specialist studies or preparing specialist reports, including due diligence studies and socio-economic studies;

 

"State department"

means any department or administration in the national or provincial sphere of government exercising functions that involve the management of the environment; and

 

"the Act"

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

 

(2) Any reference in these Regulations to an environmental assessment practitioner will, from a date determined by the Minister by notice in the Gazette, be deemed to be a reference to a registered environmental assessment practitioner, as defined.

[Regulation 1(2) substituted by Notice No. 326 of 2017]