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

Regulations

Environmental Impact Assessment Regulations, 2014

Chapter 5 : Amendment, Suspension, Withdrawal and Auditing of Compliance with Environmental Authorisation and Environmental Management Programme

Part 4: Other amendments of environmental management programme or closure plan

37. Amendment of environmental management programme or closure plan on application by holder of environmental authorisation

 

(1) [Regulation 37(1) deleted by Notice No. 326 of 2017]

 

(2) The holder of the environmental authorisation must invite comments on the proposed amendments to the impact management outcomes of the EMPr or amendments to the closure objectives of the closure plan from potentially interested and affected parties, including the competent authority, by using any of the methods provided for in the Act for a period of at least 30 days.

[Regulation 37(2) substituted by Notice No. 326 of 2017]

 

(3) Reasonable alternative methods, as agreed to by the competent authority, to invite comments as contemplated in subregulation (2), may be used in those instances where a person desires but is unable to participate in the process due to—

(a)        illiteracy;

(b)        disability; or

(c)        any other disadvantage.

 

(4) The invitation to comment as contemplated in subregulation (2) must include an indication that any comments to the proposed amendments must be submitted to the holder of the environmental authorisation within 30 days of such invitation to comment.

 

(5) If no comments are received, the holder of the environmental authorisation may amend the EMPr or closure plan in accordance with its intention contemplated in subregulation (1) and submit the amended EMPr or closure plan to the competent authority for approval within 60 days of inviting comments.

 

(6) Prior to approving an amended EMPr or closure plan contemplated in subregulation (5), the competent authority may request such amendments to the EMPr or closure plan as it deems appropriate to ensure that the EMPr sufficiently provides for avoidance, management and mitigation of environmental impacts associated with the undertaking of the activity or to ensure that the closure plan sufficiently provides for avoidance, management and mitigation of environmental impacts associated with the closure of the facility.

 

(7) If comments are submitted to the holder of the environmental authorisation, such holder must submit such comments to the competent authority, including responses to such comments, together with the proposed amended EMPr or closure plan.

 

(8) The competent authority must, within 30 days of receipt of the information contemplated in subregulation (7), consider such information and issue a decision to approve the amended EMPr or closure plan or not.

 

(9) After the competent authority has reached a decision in terms of subregulation (5) or (8), the competent authority must, within 5 days—

[Words preceding regulation 37(9)(a) substituted by Notice No. 326 of 2017]

(a) provide the holder of the environmental authorisation with its decision, including the amended EMPr or closure plan if the decision was to approve the amended EMPr or closure plan, as well as reasons for the decision;
(b) draw the attention of the holder of the environmental authorisation to the fact that an appeal may be lodged against the decision in terms of the National Appeals Regulations, if such appeal is available in the circumstances of the decision; and
(c) instruct the holder of the environmental authorisation to, within 14 days of the date of the decision, inform the parties who submitted  comments of the decision, to the fact that an appeal may be lodged against the decision in terms of the National Appeals Regulations, if such appeal is available in the circumstances of the decision.