Amendment of list of activities and competent authorities identified in terms of sections 24(2) and 24d of the National Environmental Management Act, 1998 (No. 395 of 2007)

STAATSKOERANT 4 2007 No. 29862 63 4 May 2007 No. 395 AMENDMENT OF LIST OF ACTIVITIES AND COMPETENT AUTHORITIES IDENTIFIED IN TERMS OF SECTIONS AND 24D OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 The Minister of Environmental Affairs and Tourism, Marthinus van MP, hereby publishes an amendment to the List of Activities and Competent Authorities Identified in terms of Sections And 24D of the National Environmental Management Act, 1998 published in Government Notice No. R. 387 of 21 April 2006. More details are set out in the explanatory memorandum and the attached Schedule. Written comments and inputs are invited from interested parties and the general public, which must be submitted to: Ms A Britz or Mr W Fourie E-mail: Department of Environmental Affairs and Tourism Private Bag X 477 Pretoria 0001 Facsimile: 01 2-31 03688 THE CLOSING DATE FOR COMMENTS IS 4 JUNE 2007. COMMENTS RECEIVED AFTER THE CLOSING DATE MAY NOT BE CONSIDERED. 24(2) Schalkwyk, 24(2) Abritz@deat.gov .za 64 No. 29861 GAZETTE 4 EXPLANATORY MEMORANDUM The Minister of Environmental Affairs and Tourism has in terms of section read with section 44 of the National Environmental Management Act, (Act No. 107 of 1998) (“the Act”), made the Environmental Impact Assessment Regulations, 2006, published in Government Notice No. R. 385 of 2006. The Minister has furthermore, published, in Government Notice No. R. 386 of April 2006, a list of activities identified in terms of section and (d) of the Act, which may not commence without environmental authorisation from the competent authority and in respect of which the investigation, assessment and communication of potential impact of activities must follow the procedure as described in regulations 22 to 26 of the Environmental Impact Assessment Regulations, 2006, promulgated in terms of section of the Act. The Minister has furthermore, published, in Government Notice No. R. 387 of 2006, a list of activities identified in terms of and (d) of the Act, which may not commence without environmental authorisation from the competent authority and in respect of which the investigation, assessment and communication of potential impact of activities must follow the procedure as described in regulations 27 to 36 of the Environmental Impact Assessment Regulations, 2006, promulgated in terms of section of the Act. The Environmental Impact Assessments Regulations, 2006 are currently implemented by the provincial and national spheres of government. Since the time when the regulations came into effect, vast amounts of enquiries respect of these regulations, as well as a number of implementation workshops held with provinces, highlighted a number of amendments that are necessary to the NEMA EIA regulations. Such proposed range from purely editorial corrections and augmenting to specific amendments G::>VERhlMENT both MAY 2007 24(2)(a) 24(5} section 24(2)(a) 24(5) amendments certain definitions 24(5) 1998 21 in to certain listed activities in order to clarify which activities should be to undergo an assessment process or the exclusion of certain listed activities which should not undergo an assessment process. The Minister of Environmental Affairs and Tourism, after consultation with the relevant competent Provincial Authorities, hereby publishes for public comment proposed amendments to the regulations published in Government Notice No. R. 387 of 21 April 2006 as set out in the Schedule. Once promulgated the newly published notice will replace previous notice. STAA.T:~KOERANT '+ ME! 2007 inciuded the 66 No. 29862 GOVERNMENT GAZETTE, 4 MAY 2007 SCHEDULE General Explanatory Note Words in bold type in square brackets indicate omissions from existing enactments. ”Words underlined with a solid line indicate insertions in existing enactments. Definitions In this Notice, any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned, and unless the context otherwise indicates “asbestos” means any fibrous mineral silicates, including actinolite, amosite, anthophyllite, chrysotile, crocodolite or tremolite; “associated structures or infrastructure” means any building or infrastructure that is necessary for the functioning of a facility or activity or that is used for an ancillary service or use from the facility; “construction” means the buildina. erection or establishment of a facilitv, structure or infrastructure that is for the of an [building, erection or expansion of a facility, structure or infrastructure that is necessary for the undertaking of an activity, but excludes any modification, alteration or upgrading of such facility, structure or "[ ]" " necessarv undertaking activity: ME 2007 29862 infrastructure that does not result in a change to the nature of the activity being undertaken or an increase in the production, storage or transportation capacity of that facility, structure or infrastructure] “cultivate in relation to land, means act means of which the topsoil is disturbed mechanicallv”; “dangerous goods that are capable of posing a significant risk to the health and safety of people or the environment and which are listed in South African National Standard designated identification and classification of dangerous goods for transport”, SANS edition 3, published by Standards South Africa, ISBN 0-626-14417-5, as may be amended from time to time; “development setback” means a buildina line in terms of scheme or a buildina line determined in terms of development approval conditions or a buildina line determined in terms of approval conditions included in previous authorisations. or subdivision approvals and which must be scientifically motivated; ”expansion” means the modification, extension or alteration of a facility, structure or infrastructure at which an activity takes place in such a manner that the production, treatment, storage or capacity of the facility is increased; “exploration area” means an area as defined in section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of as amended; “exploration right” means the rights as defined in section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of as amended; "TAATSKCERANT -1 an goods,, means No.10228 reaulations rezoning "The 10228:2003, zonin 2002), 2002), No 57 No. 29862 GOVERNMENT GAZETTE, 4 MAY 2007 “filling station” means a site where petrol, diesel, liquid petroleum gas or paraffin is offered for sale, and includes shops and car-washing facilities that are located on the same property or form part of the same development but excludes retail shops that sell gas or paraffin in small containers; “high-water means the highest line reached by the water of the sea during ordinary storms occurring during the most stormy period of the year, excluding exceptional or abnormal floods; “mine” used as a noun or a verb as defined in section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of as amended; “mineral” means a mineral as defined in section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002); “mining area” means an area as defined in terms of section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of as amended; “mining operation” means an operation as defined in terms of section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of as amended; “mining right” means a right as defined in section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of as amended; “petroleum” means any liquid, solid hydrocarbon or combustible gas as defined in section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of as amended; “production area” means an area as defined in section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of as amended; 68 mark" 2002), 2002), 2002), 2002), 2002), 2002), 29862 69 “production operation” means an operation as defined in section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of as amended; ”production right” means a right as defined in section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of as amended; ‘‘sea” means the water and the bed of the sea and the subsoil thereof, below the high-water mark, including the water and the bed of any tidal river and tidal lagoon; ‘‘temporary storaae of hazardous waste” means the storaae of hazardous waste for a of 90 davs or less; Act” means the National Environmental Management (Act No. 107 of 1998); [and] “the regulations” means [he] Environmental Impact Assessment Regulations, 2006; “virsin soil” means land which has at no time the orecedinq ten years been cultivated. ,TAATSKOERANT. '-' MEI 2007 No. 2002), 2002), period 'the Act,1998 during 70 No. 29862 GOVERNMENT GAZETTE, 4 MAY SCHEDULE ACTIVITIES IDENTIFIED IN TERMS OF SECTION AND (d) OF THE ACT, WHICH MAY NOT COMMENCE WITHOUT ENVIRONMENTAL FROM THE COMPETENT AUTHORITY AND IN RESPECT OF WHICH THE INVESTIGATION, ASSESSMENT AND COMMUNICATION OF POTENTIAL IMPACT OF ACTIVITIES MUST FOLLOW THE PROCEDURE AS DESCRIBED IN REGULATIONS 27 TO 36 OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2006, PROMULGATED IN TERMS OF SECTION OF THE ACT Activity , Activity description construction of facilities infrastructure, including associated structures or nfrastructure], for (a) the generation of electricity where (i) the electricity output is 20 megawatts or more; or (ii) the elements of the facility cover a combined area in excess of 1 hectare; (b) nuclear reaction including the production, enrichment, processing, reprocessing, storage or disposal of nuclear fuels, radioactive products and waste; (c) the [above ground] storage Identification of competent authority The competent authority in respect of the activities listed in this part of the schedule is the environmental authority in the province in which the activity is to be undertaken unless it is an application for an activity contemplated in section of the Act, in which 2007 24(2)(a) AUTHORISATION 24(5) ,umber rhe or 24C(2) and ME! No 3 8 6 2 71 of a dangerous good, including petrol, diesel, liquid petroleum gas or paraffin, in containers with a combined capacity of 1 000 cubic metres or more at any one location [or site] including the storage of one or more dangerous goods, in a tank farm; (d) the refining of gas, oil and petroleum products; (e) any process or activity which requires a permit or license in terms of national or provincial legislation governing the generation or release of emissions, pollution, effluent or waste and which is not identified in Government Notice No. R. 386 of (f) the recycling, re-use, handling, temporary storage or treatment of general waste with a throughput capacity of 50 tons or more daily average measured over a period of 30 days; the use, recycling, handling, treatment, storage bevond 90 davs or final disposal of hazardous waste; (h) the manufacturing, storage or testing of explosives, including ammunition, but excluding licensed retail outlets and the legal end use of such explosives; (i) the extraction or processing of natural gas including gas from landfill sites; authority is the Minister or an of state with delegated powers n terms of section of the Act, amended. STAATSKOERA/\JT, 4 2or;; handling }ase the ~ompetent xgan i2{1) :iS 2006;] (g) 72 No. 29862 GOVERNMENT GAZETTE, 4 2007 the bulk transportation of dangerous goods, outside an industrial complex or using pipelines, funiculars or conveyors with a throughput capacity of 50 tons or 50 cubic metres or more per day; (k) the landing, parking and maintenance of aircraft, excluding helicooter pads and [unpaved] landinq shorter than 1.4 kilometres in but including (i) airports; (ii) runways; (iii) waterways; [or] (iv) structures for engine testing; (v) iandina than 1.4 kilometres in lenath (I) the transmission and distribution of above ground electricity with a capacity of kilovolts or more; telecommunications; (n) the transfer of 20 000 cubic metres or more water between water catchments or impoundments per day; the final disposal of general waste covering an area of 100 square metres or more or 200 cubic metres or more of airspace; (p) the treatment of effluent, wastewater or sewage with an annual throughput capacity of 50 000 cubic metres MAY U) zone. landina strios length, Q[ strios lonaer [120] 132 (m)marine (o} (15 000] 2007 No 29862 more; the incineration, burning, evaporation, thermal treatment, roasting or heat sterilisation of waste or effluent, including the cremation of human or animal tissue; (r) the microbial deactivation, chemical sterilisation or non-thermal treatment of waste or effluent; (s) transportation, excluding railway lines and sidings in industrial areas and underground railway lines in mines, but including (i) railway lines; (ii) stations; or (iii) shunting yards; (t) any purpose where lawns, playing fields or sports tracks covering an area of 10 hectares or more, will be established. development activity, including associated structures and infrastructure, where the total of the developed area is, or is intended to 20 hectares or the of soil of anv size. The construction of filling stations, ncluding associated structures and nfrastructure,] [or any other facility for the inderground storage of a dangerous good, ncluding petrol, diesel, liquid petroleum or paraffin.] extraction of peat. "TAATSl<CEPANT d. v1EI T or (q) rail 2 ~ny 3-rea Je, more, excluding ~ultivation virain [3] ~as ~ [4] rhe 74 No. 29862 GOVERNMENT GAZETTE, 4 MAY 2007 The route determination of roads, where the road reserve is wider than 30 meters, and design of associated physical infrastructure, the construction of such roads that have not yet been built for which routes have been before the publication of [this] notice 386 of 2006 and which has not been authorised by a competent authority in terms of the Environmental Impact Assessment Regulations, 2006 made under section of the Act and published in Government Notice No. R. 385 of 2006, where (a) it is a national road as defined in section 40 of the South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998); (b) it is a road administered by a provincial authority; (c) [the road reserve is wider than 30 metres; or (d) the road will cater for more than one lane of traffic in both directions]. The construction of a dam where the highest part of the dam wall, as measured from the outside toe of the wall to the highest part of the wall, is 5 metres or higher or where the high-water mark of the dam covers an area of 10 hectares or more. HS] or determinE1d 24(5) US] STAATSKCEAANT. 4 2007 29862 75 Reconnaissance, exploration, production and mining as provided for in the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of as amended in respect of such permits and rights. In relation to permits and rights granted in terms of 7 above, or any other right granted in terms of previous mineral legislation, the undertaking of any reconnaissance exploration, production or mining related activity or operation within a exploration, production or mining area, as defined in terms of section of 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002). The competent authority for this part of the schedule is the Minister or an organ of state with delegated powers in terms of section of the Act, as amended. MEI No. ยง [7] 2002), Z [8] 42(1) 76 No. 29862 GOVERNMENT GAZETTE. 4 MAY 2007 Construction or earth moving activities in sea or within 100 metres inland of the high. water mark of the sea, excluding an listed in item of Government Notice No. R 386 of 2006 but including construction or moving activities in respect of facilities associated with the arrival departure of vessels and the handling o cargo; piers; inter- and sub-tidal structures for entrapment of sand; breakwater structures; [rock revetments and other stabilising structures]; coastal marinas; coastal harbours; structures for draining parts of the sea; tunnels; or underwater excludina construction on within urban areas if such construction will occur behind an approved development setback line. Any process or activity identified in terms of section of the National Environmental Management: Biodiversity Act, 2004 (Act No. of 2004). The competent authority in respect of the activities listed in this part of the schedule is the environmental authority in the province in which the activity is to undertaken it is an application for an activity contemplated in section of the Act, in which case the competent authority is the Minister or an organ of state witt delegated powers in terms of sectior of the Act, as amended. H9J thE activit) 2 eartt (a) anc (b) bi (c) unles: (d) (e) 24C(2) (f) (g) (h) (i) U) channels, but erven existina 42(1) ! [1 O] 53(1) 10 The of facilities for the aeneration of electricity where the electricity output is 20 meaawatts or more: or the elements of the facilitv cover a combined area in excess of 1 hectare; (b) nuclear reaction includina the production, enrichment, reprocessing. or disposal of nuclear fuels, radioactive and waste: and (c) the extraction or of natural gas from a marine environment. STAATSKOE"lAN..,... 4 MEi 2007 No 29862 77 10 expansion (a) (i) (ii) Qrocessing1 storage products orocessina