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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 2: Amendment where a change in scope occurs

32. Process and consideration of application for amendment

 

(1) The applicant must within 90 days of receipt by the competent authority of the application made in terms of regulation 31, submit to the competent authority—

(a)        a report, reflecting—

(i) an assessment of all impacts related to the proposed change;
(ii) advantages and disadvantages associated with the proposed change; and
(iii) measures to ensure avoidance, management and mitigation of impacts associated with such proposed change; and
(iv) any changes to the EMPr;

which report—

(aa) had been subjected to a public participation process, which had been agreed to by the competent authority, and which was appropriate to bring the proposed change to the attention of potential and registered interested and affected parties, including organs of state, which have jurisdiction in respect of any aspect of the relevant activity, and the competent authority, and
(bb) reflects the incorporation of comments received, including any comments of the competent authority; or
(b) a notification in writing that the report will be submitted within 140 days of receipt of the application by the competent authority, as significant changes have been made or significant new information has been added to the report, which changes or information was not contained in the report consulted on during the initial public participation process contemplated in subregulation (1)(a) and that the revised report will be subjected to another public participation process of at least 30 days.

[Regulation 32(1) substituted by Notice No. 326 of 2017]

 

(2) In the event where subregulation (1)(b) applies, the report, which reflects the incorporation of comments received, including any comments of the competent authority, must be submitted to the competent authority within 140 days of receipt of the application by the competent authority.