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

Regulations

Environmental Impact Assessment Regulations, 2014

Chapter 8 : Transitional Arrangements and Commencement

54A. Transitional provisions

 

(1) Where, prior to 8 December 2014—
(a) environmental authorisation was required for activities directly related to─
(i) prospecting or exploration of a mineral or petroleum resource; or
(ii) extraction and primary processing of a mineral or petroleum resource;

and such environmental authorisation has been obtained; and

(b) a right, permit or exemption was required in terms of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002) for—
(i) prospecting or exploration of a mineral or petroleum resource; or
(ii) extraction and primary processing of a mineral or petroleum resource;

and such right, permit or exemption has been obtained, and activities authorised in such environmental authorisation, right, permit or exemption commenced after 8 December 2014, such environmental authorisation, right, permit or exemption is regarded as fulfilling the requirements of the Act: Provided that where an application for an environmental authorisation was refused or not obtained in terms of the Act for activities directly related to prospecting, exploration or extraction of a mineral or petroleum resource, including primary processing, this subregulation does not apply.

 

(2) Where a right or permit issued in terms of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002) for─
(a) prospecting or exploration of a mineral or petroleum resource; or
(b) extraction and primary processing of a mineral or petroleum resource;

and the associated Environmental Management Programme or Environmental Management Plan approved in terms of Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002) is still in effect after 8 December 2014, the requirements contained in Part 3 of Chapter 5 of these Regulations apply to such Environmental Management Programmes or Environmental Management Plans and the first environmental audit report must be submitted to the competent authority no later than 7 December 2019 and at least every 5 years thereafter for the period during which such right, permit, Environmental Management Programme or Environmental Management Plan is still in effect.

 

(3) Where an environmental authorisation issued in terms of the ECA regulations or the previous NEMA regulations is still in effect by 8 December 2014, the EMPr associated with such environmental authorisation is subject to the requirements contained in Part 3 of Chapter 5 of these Regulations and the first environmental audit report must be submitted to the competent authority no later than 7 December 2019 and at least every 5 years thereafter for the period during which such environmental authorisation is still in effect.

 

[Section 54A inserted by Notice No. 326 of 2017]