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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 4: Environmental authorisation

26. Content of environmental authorisation

 

An environmental authorisation must specify—

(a) the name, address and contact details of the person to whom the environmental authorisation is issued;
(b) a description of the activity that is authorised;
(c) a description of the location of the activity, including
(i) the 21 digit Surveyor General code of each cadastral land parcel,
(ii) where available, the physical address or farm name,
(iii) where the required information in subregulation (i) and (ii) is not available, the coordinates of the boundary of the property or properties,
(iv) a plan which locates the proposed activity or activities authorised at an appropriate scale, or, if it is—
(aa) a linear activity, a description and coordinates of the approved corridor of the activity or activities; or
(bb) on land where the property has not been defined, the coordinates of the area within which the activity is to be undertaken;
(d) the conditions subject to which the activity may be undertaken, including conditions determining—
(i) [Regulation 26(d)(i) deleted by Notice No. 326 of 2017]
(ii) where the environmental authorisation does not include operational aspects, the period for which the environmental authorisation is granted, which period may not be extended unless the process to amend the environmental authorisation contemplated in regulation 32 is followed, and the date on which the activity is deemed to have been concluded;
(iii) a distinction between the portions of the environmental authorisation that deal with operational and non-operational aspects respectively and the respective periods for which the distinct portions of the  environmental authorisation is granted, where the environmental authorisation contains operational and non-operational aspects;
(iv) requirements for the avoidance, management, mitigation, monitoring and reporting of the impacts of the activity on the environment throughout the life of the activity additional to those contained in the approved EMPr, and where applicable the closure plan; and
(e) the frequency of auditing of compliance with the conditions of the environmental authorisation and of compliance with the approved EMPr, and where applicable the closure plan, in order to determine whether such EMPr and closure plan continuously meet mitigation requirements and addresses environmental impacts, taking into account processes for such auditing prescribed in terms of these Regulations: provided that the frequency of the auditing of compliance with the conditions of the environmental authorisation and of compliance with the EMPr may not exceed intervals of 5 years;
(f) the frequency of submission of an environmental audit report to the competent authority, including the timeframe within which a final environmental audit report must be submitted to the competent authority;
(g) the frequency of updating the approved EMPr, and where applicable the closure plan, and the manner in which the updated EMPr and closure plan will be approved, taking into account processes for such amendments prescribed in terms of these Regulations;
(h) a requirement that the environmental authorisation, approved EMPr, any independent assessments of financial provision for rehabilitation and environmental liability, closure plans, where applicable, audit reports including the environmental audit report contemplated by regulation 34, and all compliance monitoring reports be made available for inspection and copying—
(i) at the site of the authorised activity;
(ii) to anyone on request; and
(iii) where the holder of the environmental authorisation has a website, on such publicly accessible website; and
(i) any relevant conditions which the competent authority deems appropriate.

 

[Regulation 26 substituted by Notice No. 326 of 2017]