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Amendments Proposed to Environmental Impact Assessment Regulations

November 17, 2020

Department of Environment, Forestry and Fisheries

Proposed amendments to the Environmental Impact Assessment Regulations, Listing Notice 1, Listing Notice 2 and Listing Notice 3 have been drawn up.

The environment, forestry and fisheries department published the draft amendments in Government Gazette 43904 for comment.

The draft amendments were drawn up in terms of the National Environmental Management Act.

The regulations and listing notices were published in Gazette 38282 in December 2014.

The regulations are designed to “regulate the procedure and criteria as contemplated in Chapter 5 of the act relating to the preparation, evaluation, submission, processing and consideration of, and decision on, applications for environmental authorisations for the commencement of activities, subjected to environmental impact assessment, in order to avoid or mitigate detrimental impacts on the environment, and to optimise positive environmental impacts, and for matters pertaining thereto”.

The listing notices identify activities that require an environmental authorisation prior to commencement.

New definitions on “Financial Provisioning Regulations”, “mineral”, “mining application” and “petroleum” are proposed for Regulation 1.

Reference to hydraulic fracturing and mining application is inserted into the three listing notices.

According to the notice, Activity 21E of Listing Notice 1 on mineral resources exemptions will come into effect 6 months after the publication of the final amendments in the Gazette and Activity 21F of Listing Notice 1 on residue stockpiles will come into effect on a date to be published in the Gazette.

Comment on the draft amendments are invited within 30 days of the date of publication.