National Environmental Management: Waste Act: Fee structure for applications for environmental authorisations and waste management licences (No. R. 784 of 2011)

STAATSKOERANT, 11 NOVEMBER 2011 GENERAL NOTICES NOTICE 784 OF 2011 DEPARTMENT OF ENVIRONMENTAL AFFAIRS NATIONAL ENVIRONMENTAL .MANAGEMENT ACT, 1998 (ACT NO. 107 OF 1998} NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 (ACT NO. 59 OF 2008) No. 34734 31 FEE STRUCTURE· FOR APPLICATIONS FOR ENVIRONMENTAL AUTHORISATIONS AND WASTE MANAGEMENT UCENCES I. Bomo Edith Edna Molewa, Minister of Water and Environmental Affajrs, hereby give notice of my intention, under sections 24(5)(c), 24M and 44 of the National Environmental Management Act, 1998 (Act No. 107 of 1998) and sections 45(2){a) and 69(1)(w) of the National Environmental Management Waste Act, 2008 (Act No. 59 of 2008), to prescribe the fee structure pertaining to the applications far environmental authorisations and waste management licences as set out in the Schedule hereto. Members of the public are invited to submit to the Minister. within 60 {sixty) days after the publication of the notice in the .Gszette, written comments or inputs to the following addresses: By post to: Director~General Department of Environmental Affairs Attention: Mr N Nkotsoe Private Bag X 477 Pretoria 0001 By hand at: 2nd Floor {Recaption), Fedsure Forum Building, 315 Pretorius Street Pretoria, 0001 By e-maU: nnkotsoe@envlronmentgov.za , or By fax to: (012} 310 3688 Comments received after the closing date may not be considered. ~~A MINISTER OF WATER AHD ENVIRONMENTAL AFFAIRS 32 No. 34734 GOVERNMENT GAZETTE, 11 NOVEMBER 2011 SCHEDULE 1. Definitions In these regulations any word or expression to which a meaning has been assigned in National Environmental Management Act, 1998 (Act No. 107 of 1998) or the National Environmental Management: Waste Ac~ 2008 (Act No. 59 Of 2008), has the meaning so assigned, unless the context Indicates otherwise. 2. Application of regulations (1) The payment of 1he appfication fee ls not applicable to: 3. Fees (a} An application for rectification of the unlawful commencement of an activity in terms of section 24G of the National Environmental Management Act, 1998; (b) An application for an exemplion from certain environmental impact assessment provisions; (c) An application for the amendment of environmental authorisations or environmental management plans or programmes; {d) Appeals; or (e) An application where the applicant is an organ of state. {1) The following flat rate fee rs charged for an application for an environmental authorization or waste management licence: {a) The amount to be charged for the consideration and processing of an application for an environmental authorization or waste management .licence, for which a basic assessment is required, is a fee in the amount of R2 OOQ-.00 (Two Thousand Rand); and {b} The amount to be charged fer the consideration and processing of an application for an environmental authorization or waste management licence, for which scoplng and an environmental impact assessment is required, is a fee in the amount of R10 000-00 (ten Thousand Rand). (2} Where applications for an environmental authorization and a waste management licence STAATSKOERANT, 11 NOVEMBER 2011 No. 34734 33 must be submitted for different listed activities, but for the same project, In tenns of b0th the National Environmental Management Ac~ 1998 and the National Envifonmental Management: Waste Act, 2008, and the same competent authority is the competent authority for the applications, the following fees wiD apply: (a) For the main appUcation: 100% of the most expensive application, namely, R10 000-00 (Ten Thousand Rand} if the Scoping and EnVironmental Impact Assessment Report is triggered and R2 000-00 (Two Thousand Rand) if the basic assessment is triggered; (b) For the sacond application; 50% of the most expensive application, namely, R5 000·00 (Five Thousand Rand) If the Scoping and Environmental Impact Assessment Report is triggered or R1 OOQ-00 {One Thousand Rand) if the basic assessment is triggered; (c} For the third application: 25% of the most expensive application, namely, R2 500 00 (Two Thousand and Five .Hundred Ranrl) if the Scoping and Environmental Impact Assessment Report is triggered or R250..00 {Two Hundred and Fifty Rand) ij the basic assessment Is triggered. {d) For the fourth and $ubsequent applications: 0% for the fourth and further applications. (3} Where subregulation (2) applies, it is the responsibility of the applicant to infonn the competent authority of all application fees paid. 4. Exemptions from paying a fee {1) An applicant may, in the case of an application for an environmental authorization, lodge an application for an exemption of the prescribed application fee in terms of section 24M of National Environmental Management Act, 1998 or Chapter 5 of the Environmental Impact Assessment Regulations, 2010, and in the case of an application for a waste management licence, in terms of section 7 4 of the National Environmental Management Waste Act. 2008. (2) An application for an exemption should contain an explanation of the reasons for the 34 No.34734 GOVERNMENT GAZETTE, 11 NOVEMBER 2011 application, the supporting documentation and a motivation for the application. 5. Payment (1) Payment to the competent authority is required at any time between the submission of an application form and ·the submission of the basic assessment report or scoping report, whichever is relevant. · (2) The applicant must provide proof of payment by e-mail or fax to the relevant environmental Impact assessment component of the competent authority, is due. (3) Where an applicant is not required to pay the fee, the notification and proof thereof must be submitted to the competent authority by the time the basic assessment report or scoplng report, whichever is relevant (4) Only once proof of payment ls received, will the competent authority consider the relevant rePort and will the applicable tlmeframes apply to such consideration. (5) In the case where an application is withdrawn or where an application has lapsed, the fee wiD not be refunded. (6} A re-submission of such applications referred to in subregulatlon (5} wiD be considered as the submission of a new application and will require the payment of an application fee. (6) Where an application for an environmental authorization or waste management li~ence for which a basic assessment Is requir~d. is lodged, and the application at any time requires scoping and environmental impact assessment the balance of the fee Is payable by tt:e applicant, before these reports \\111 be considered. (7) Payment may be made only by electronic transfer or deposit into the bank account of the relevant competent authority, and it is the appUcanfs responsibility to obtain the details from the relevant competent authortly. (8} Although Government Departments are nonnally tax exemp~ n is the responsibility of the applicant to establish the status of a specific competent authority. {9) The fees contained in this regulation will be charged per environmental authorisation applied for and not per listed activity triggered. (10) The application fee will apply regardless of whether the applicant is a natural person or juristic person. STAATSKOERANT, 11 NOVEMBER 2011 No.34734 35 6. Commencement date The fee structure for the applications for environmental authorisation and waste management licences will come Into operation on 1 April2012.