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


Environmental Impact Assessment Regulations, 2014

Chapter 3 : General Requirements for Applications

Part 2: Duties of proponents and applicants

13. General requirements for EAPs and specialists


(1) An EAP and a specialist, appointed in terms of regulation 12(1) or 12(2), must—
(a) be independent;
(b) have expertise in conducting environmental impact assessments or undertaking specialist work as required, including knowledge of the Act, these Regulations and any guidelines that have relevance to the proposed activity;
(c) ensure compliance with these Regulations;
(d) perform the work relating to the application in an objective manner, even if this results in views and findings that are not favourable to the application;
(e) take into account, to the extent possible, the matters referred to in regulation 18 when preparing the application and any report, plan or document relating to the application; and
(f) disclose to the proponent or applicant, registered interested and affected parties and the competent authority all material information in the possession of the EAP and, where applicable, the specialist, that reasonably has or may have the potential of influencing—
(i) any decision to be taken with respect to the application by the competent authority in terms of these Regulations; or
(ii) the objectivity of any report, plan or document to be prepared by the EAP or specialist, in terms of these Regulations for submission to the competent authority;

unless access to that information is protected by law, in which case it must be indicated that such protected information exists and is only provided to the competent authority.


(2) In the event where the EAP or specialist does not comply with subregulation (1)(a), the proponent or applicant must, prior to conducting public participation as contemplated in chapter 6 of these Regulations, appoint another EAP or specialist to externally review all work undertaken by the EAP or specialist, at the applicant's cost.


(3) An EAP or specialist appointed to externally review the work of an EAP or specialist as contemplated in subregulation (2), must comply with subregulation (1)(a).

[Regulation 13(3) substituted by Notice No. 326 of 2017]