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


Environmental Impact Assessment Regulations, 2014

Chapter 6 : Public Participation

39. Activity on land owned by person other than proponent


(1) If the proponent is not the owner or person in control of the land on which the activity is to be undertaken, the proponent must, before applying for an environmental authorisation in respect of such activity, obtain the written consent of the landowner or person in control of the land to undertake such activity on that land.


(2) Subregulation (1) does not apply in respect of—
(a) linear activities;
(b) activities constituting, or activities directly related to prospecting or exploration of a mineral and petroleum resource or extraction and primary processing of a mineral or petroleum resource; and

[Regulation 39(2)(b) substituted by Notice No. 326 of 2017]

(c) strategic integrated projects as contemplated in the Infrastructure Development Act, 2014.