National Environmental Management Act, 1998 (Act No. 107 of 1998)
Environmental Impact Assessment Regulations, 2014
Chapter 8 : Transitional Arrangements and Commencement
51. Pending applications (ECA)
|(1)||An application submitted in terms of the ECA regulations and which is pending when these Regulations take effect, including pending applications for activities directly related to—|
|(a)||prospecting or exploration of a mineral or petroleum resource; or|
|(b)||extraction and primary processing of a mineral or petroleum resource;|
must despite the repeal of those Regulations be dispensed with in terms of those Regulations as if those Regulations were not repealed.
|(2)||If a situation arises where an activity or activities listed under the ECA Notices no longer requires environmental authorisation in terms of the current activities and competent authorities identified in terms of sections 24(2) and 24D of the Act or in terms of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008), and where a decision on an application submitted under the ECA regulations is still pending, the competent authority will consider such application to be withdrawn.|
|(3)||Where an application submitted in terms of the ECA regulations is pending in relation to an activity of which a component of the same activity was not listed under the ECA Notices, but is now identified in terms of section 24(2) of the Act, the competent authority must dispense of such application in terms of those ECA regulations and may authorise the activity identified in terms of section 24(2) as if it was applied for, on condition that all impacts of the newly listed activity and requirements of these Regulations have also been considered and adequately assessed.|
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