Environment Impact Assessment Regulations (No. R. 543 of 2010)

Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za No.R.543 STAATSKOERANT. 1B JUNIE 2010 No S-3306 3 GOVERNMENT NOTICES DEPARTMENT OF ENVIRONMENTAL AFFAIRS 18 June 2010 NATtONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 (ACT NO. 107 OF 1998) ENVIRONMENTAL rMPACT ASSESSMENT REGULATIONS I, Buyelwa Patience Sonji~. Minister of Water and Environmental Affairs, hereby make the regulations pertaining ~o environmental impact assessments under sections 24(5}, 24M and 44 of the National Environmental Mariagement Act. 1998 (Act No. 107 of 1998) in the Sc.hed1 . .de hereto. ~-7 . I / <or'~ BUYE WA SONJtCA MINIS R OF WATER ANO ENVlRONMENTAL AFFAIRS Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 4 No. 3331J6 GOVERNMENT GAZETTE, 1 B JUNF.; 20"1 O SCHEDULE ARRANGEMENT OF REGULATIONS CHAPTER 1 INTERPRETATION AND PURPOSE OF THESE REGULATIONS 1. lnterpretation 2. Purpose of Regulations CHAPTER2 COMPETENT AUTHORITY 3. ldentJfication of competent authority 4. Where to submit application 5. Assistance by compRtent authority to applicant 6. Consultation between competent authority and State departments administering a \aw relating to a matter affecting the environment 7. Competent authority's right of access to information 8. Criteria to be taken into account by competent authority when considering application 9. Timeframes for competent authority 1 O. Notification of decision on applicaUon 11. Registry of :;ipplications and record of decisions CHAPTER3 APPLICATION FOR ENV.RONMENTAL AUTHORISATION Part 1: General matters 12. Application 13. Checking of appJication for compliance wlth formal requirements 14. CombEnation of applications 15. Activity on land owned by person other than applicant 16. Appointment of EAPs to manage application 17. General requirements for EAPs or a person compiling a specialist report or undertaking a specialised process 18. DfsquaHflcatiort of EAPs Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za STAATSKOEAANT, ,a JUNIE 2010 No. 33306 5 i9. Determinatlon of assessment process appl1cable to application 20. Determining whether basic assessment or scoping and environmental impact reporting Is to be .applied to appHcatiori Parl 2: Application subject to bas;c assessment 21. Submission of appOcation to competent authority and steps to be taken after submission of application 22. Content of basic assessment report 23. Submission of appncahon to competent authority 24. Consideration of application 25. Decision on apphcation Part 3: Application subject to scoping and environmental impact reporting 26. Submission of application to competent authority 27. Steps to be taken after submission of application 28 . Content of scoping report 29. Submission of scoping report to competent author\ty 30. Conslderatlon of scoping report 3 ~. Environmental imp.act assessment report 32- Specl~Hst report and report on specialised processes 33. Content of draft environmental management programme 34. Consideration of environmental impact assessment rePort 35. Decision on appilcation Part 4: Environmental authorisation 36. lssue of environmental authorisation 37. Con.tents of environmental authorisatton CHAPTER4 AMENOMEN1' AND SUSPENSlON OF ENV\RONMENTAL AUTHORtSATION AND ENVIRONMENTAL MANAGEMENT PROGRAMME 38 General Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 6 No 33300 GOVERNMENT GAZETTE, 18 JUNE :2010 Part 1: Amendment on application by ho,ders of environment.al a uth orisa tion 39. Appr;cations for amendment 40- Submisston of application for amendment 41 Consideration of applLcation and decision on rionrsubs1antive amendments 42. Decision on application Patt 2; Amendment on ir,itiative of competent authority 43 Purposes for wh1ch competent authority may amend environmental authorisabon 44. Process 45. Decision Part 3: Amendment of environmental management programme 46 Amendment of environmental management programme Part 4: Suspension of environmental authorisation 4 7 Suspension of environmental authorisat'ion 48 Suspensron procedure 49 Decision CHAPTER 5 EX.EMPTION FROM PROVISlONS OF REGULATIONS 50. Applicatiori for exe-mptjor, 51. Submission of appHcation 52 . Consideration of application 53 Decision on application CHAPTER6 PUBLIC PARTICIPATION PROCESS 54. Public participation process Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za Polity~ a STAATSKOERANT, t8 JUNIE. 2010 No. 33306 T 55. Register of interested and. affected parties 56. Registered interested and affected parties entitled io comment on submissions 57. Comments of interested and affected parties to be recorded tn reports subm.ltted to competent authority CHAPTER7 APPEALS 58. Application of this Chapter 59. Jurisdiction of Minister and MEC to decide appeals 60. Notke of intention to appeal 61. Submission. of appeal 62. Time Vlfithin which appeal must be lodged 63. Responding statement 64. Processing of appeal 65. Appeal panel 66. Decision on appea 1 CHAPTER 8 GENERAL MATTERS 67. failure to comply with requirements for consideration of application 68. Resubmission of similar application 69. Compliance monitoring 70. Assistance to people with special needs 71 Offence::. CHAPTER 9 TRANSITIONAL ARRANGEMENTS ANO COMMENCEMENT 72. Definition 73. Continuation of things done and authorisations is5ued under previous regulations 74. Pending applicatior.s and appeals (ECA} Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za Polity~ a 8 N(l . 33306 GOVERNMENT GAZmE. 16 JUNE 2010 75 Continuation of things done and authorisations rssued under previous NEMA regu,ations 76 Pending a; )pl1cations and appeals (N EMA) 77. Continuation of regulations regulating authorisations for actfvities in certain coastal areas 78 Repeal of Environmental Impact Reguratlons. 2006 79. Short titl~ and commencement Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za STAATSKOERANT, HI JUNIE 201 CJ No. 33306 9 CHAPTER 1 INTERPRETATtON AND PURPOSE OF THESE REGULATIONS In te rp:retatlon 1. (1) In these Regu!ations any ward o:- expressbn to which a meaning has been 2:Jssigned in the- Act has that meaning, and un[ess the context requires otherwise "activity' means an acbvity identified rn any noUce published by the Minister or MEC in terms of section 24D( 1 )(a} of the Act as a listed .a ct ivity or specified activity; "alter-nativesr'. in relation to a proposed activity, means dlfferen! means of meeting the genera! purpose and requirf;!ments of the activity. which may 1nciu de a I ternatives to ( cl) the property on which or location where 1t ls proposed to undertake the activity: (b) the type of activity to be undertaken: (c) the design or lay-out of the activity; {d) the technology to be used in. the activity: (e) the operational aspects of the activity; and (f) the option of not implementing the activity. uapplir;ation 1' means an application tor { a) an environmental authorisation in terms ot Chapter 3 of these Regulations: {b) an amendment to an environmental authorisatior. in terms of Chapter 4 of these- Regulations; (C} an amendment to an environmental management programme; or {c) an exemption from a provision of these Regulations in terms of Chapter 5 of these Regulabons: Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 10 No. 33306 GOVERNMENT GAZETTE:, 18 JUNE 20H.J "basic assessment report" me.ans a report contemplated in regulation 22: ''cumulative impac;t 11, in re[atton to an activity, means the impact of an activity that in itself may not be significant but may become significant when added to the exrstfng and potential impacts eventuating from similar or diverse activities or undertakings in the area; ''EAP" means an environmental assessment practitioner as defined in section 1 of the Act; ("environmentaf audit report" means .a document that provides vedfiable ftndings and recommendations for improvement, in a structured and systematic manner, Of"l the pertormanoo and compliance of an organisabon and/or project against environmental policies,· objectives. laws. regulations. ifcences. permits, conditions of authorisation, norms and standards; "environmental impact assessment', means a systematic process of identifying, assessrng and reporting environmental impacts associated with an activity and includes basic assessment and S&EIR: "environmental impact assessment reporf means a report contemplated in regulation 31: .,e~plorat"ian '' has the meaning assigned ~o it in the Miner at and Petroleum Resources Development Act, 2002; "independent'1, in relation to an EAP or a person compiling a specialist report or undertaking a speciahsed pror.ess or appointed as a member of an appeal panel, means {a) that such EAP or person has no business, flnancial, persona! or other interest in the activity, application or appeal in respect of which that EAP or person is appoirite<l in terms of these Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za STAATSKOERANT;. 1a JUNIE 2010 No. 33306 11 Regulations other than fair remuneration for work performed in connection with that activity, appHc.ation or appeal: or (b} that the.re are no circumstances that may compromise the objectlvity of that EAP or person in pertorming such wmk; alinear .activity'' means an activity that is undertaken across one or more properti85 cind which affects the environment or any aspect of the environment along the comse of the activity In different ways, and includes railways, roads, funiculars, pipelines, conveyor belts, cableways, powerlines, fences, runways, aircraft landing strips, and telecommunication lines; "mining" has the meaning assigned to it 1n the Mineral and Petroleum Resources Developmont Ad, 2002; ' 1ocean-based activity't means an adtvity in the territorial waters of the Republic; "p{an of study for environmental impact assessment" means a document contemplated in regulation 28{ 1 )(I), wh[ch forms part of a scoptng report and sets out how an environmental impact assessment must be- conducted; "'production rightu has the meaning assigned to it in the Mineral and Petroleum Resources Development Act. 2002; •~prospecting" has the meaning assigried to it in the Mineral and Petroleum Resources Devejopment Act, 2002; "reconnaissance'' has the meaning assigned to it ln the Mineral and Petroleum Resources Development Act. 2002; "reg;stered environmental assessment practitioner I registered £.AP" means an environmental assessment practitioner registered with Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 12 No.33306 GOVERNMENT GAZETTE, 1a JUNE 2010 an appointed registration authority contemplated ln section 24H of the Act; j(registered interested and affected party1', in relation to an apphcsUon, means an interested and affected party whose name is recorded in the register opened for that application in terms of regulation 55; ~'respondent" means a person submitting a responding statement in terms of regulation 63(2)(a); "scoping report'' means a report contem;:i-lated in regulation 28; "S&EIR11 means the scoplng and environmEtntal impact reporting process as oontemplated in regulaUon 26 to regulation 35; usignificant impact" means an impact that by lts magnrtude, duration, intensity or probability of occurre11ce may hav,e a notable effect on one or more aspects of the environmen~; .. specialised process'! means a process to obtain information which~ (a) is not readily available without undertaking the process; and (b) is necessary for informing an assessment or evaluation of the impacts of an activity, and includes dsk assessment and cost benefit analysis; "State department' means any department or administration in the national or prnvincral sphere of government exercising functions that JnvOl\ie the management ot the environment; and "the Act" means the National Environmerital Management Act, 1998 (Act No. 107 af 1998). (2) Subjccl to paragraphs (3), (4) and (5), when a period of days must in terms of these Regulations be reckoned from or after a Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za STAATSKOERANT, 16 JUNIE 20t0 No. 33306 13 partlcular day, that period must be reckoned as from the start of the day following that particular day to the end of the last day of the period, but if the last day of the period falls on a Saturday, Sunday or public ho!iday, that period must be extended to the end of the next day wnich ls not a Saturday. Sunday or pubHc holiday. (3) For any action contemplated in terms of these regulations for which a time-frame is prescribed, the period of 15 December to 2 January must be excjuded in the reckoning of days. (4) Where a prescr!bed timeframe is affected by one or more public hoildays, the timeframe must be extended by the number of public holiday days felling within that timefrnme. (5} Where an objection on an appHcation has been referred to the Regional Mining Development and Environmental Committee, in terms of regulation 6(5) or (6), the applicable tlmeframe is deemed to be extended by 45 days. (G) Any refer~nce in these regulations to an environmental assessment pracHtioner w,11, from a date to be determined by the Mi11ister by notice in the Gazette, be deemed to be a refarence to a registered environmental assessment practitioner, as defined. Purpose of Regulations 2. The purpose of those Regulations is to regulate the procedure and criteria as contemptated in Chapter 5 of the Act relating to the submission, processi~g and consideration of. and decision on, applications for environmental authorisations for the commencement of activities in order to avoid detrimental impacts on the environment, or where it can not be avoided, ensure mitigation and management of impacts to acceptable levels, and to optimise positive environmental impacts, and for matters pertaining thereto . Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 14 No.33:306 GOVERNMENT OAZeTTE, 18 JUNE 2oi 0 CHAPTER 2 COMPETENT AUTHORITY Identification of competent author.ty 3. (1) All appilcations in terms of these Regulations must be decided upon by a competent authority, (?.) The competent authority, who must consider and decide upon ar: application Er\ respect of a specific activity, must be determined wah reference to the notice published under s~ction 24D( 1) of the Act . (3) Any dispute or disagreement in respect of who the competent authority should be in relatron to any specific application must be resolved by the Minister and the MEC of the relevant province, the Minister and the Minister of Mineral Resources, or by the Minister and the de-s1gnated organ of state, as U1e case may be. Where to submi! application 4. ( 1) If the Minister ls the compe-tent authority in respect of .;i specific application, the application must be submitted to the Department of Environmental Affairs. {2) Jf an ME.C is the competent authority in respect of a particufar application, the application must be submitted to the provindal department responsible for environmental affa,rs in that province. {3) If the Minister or MEC has, in terms of section 42 of the Act, delegated any powers or duties of a competent authority in relation to an application for the commencement of ar1 activity, the appHcation must be submitted to that delegated organ of state. {4} If the Minister of Mineral Resources is the oompetent authority in respect of a specific a pp lic.atio n, the application rn us t be Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za STAATSKOERANT. 1B JUNIE 20m No. 3-aSOB 15 submitted to the relevant regional office of the Department of Mineral Resources. Assistance by competent authority to applicant 5. (1) A competent authority may, on its own initiative, or upon request by an applicant or an EAP managing an applicatlon, and subject 1o the payment of any reasonable charges, if applicable (a) give the applicant or EAP access to any guidelines, departmenta! policies, decfstonprnaking struments and information on practices that have been developed or to any other information ln the possession of the competent authority that is relevant to the a ppl ica tion; or (b) advise the applicant or EAP, either In writing or by way of discussions, of the nature and extent of any ot the processes that must be followed in order to comply with the Act a.nd these Reguiations. (2) A competent authority must, ori written request furnish the aµpiicant or EAP with officially adopted minutes of any meeting held or discussion that took place, as contemplated in subreg•Jlatim1 (1 )(b), between the competent authority and the applicant or EAP . (3) The competent authority and the applicant or EAP, must on written request by a registered interested or affected party, provide access to the officjally adopted minutes of meetings as contemplated in subregulation (2). to such a registered interested or affected party. Consultation between competent authority and State departments administering a law relating to a matter affecting the environment 6. ( 1} Where an application in terms of these Regulations must a!so be made in terms of other legislation and that other legislatlon requires. that information must be submitted or processes must be carrfed out that are substantially stmi,ar to information or pmcesses required in terms of these Regulations. and where an agreement has been reached in order Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 16 No,:33306 GOVERNMENT OAZE;TTE, 1 a JUNE 201 0 to give effec( to Chapter 3 of the Constitution and sections 24(4)(a){i), 24K and 24L of the Act, the .application must be dealt with in accordance with such agreement. (2) If the Minister, MEC, Minister of Mineral Resources or identified competent authority considers an application for an environmen~al suthor!satron. the MJnister, MEC, Minister of Mineral Resources or compete11t authority must take into account alt relevant factors including any comments received from a relevant State department that administers a law relating to a matter affecting the environment relevant to that application for environmental authortsation. (3) The Miriister, MEC, Minister of Min era[ Resources or identrf[ed competent authority must consult Vilith every State department that ad ministers a law relating to a matter affecbng the environment rerevant ta that application for an environmental authorisation when he or she considers the application. (4) A State department consulted in terms of subregulation (3) mus~ submit its comments within 40 days from the date on which the Minister. MEC, Mlnister of Min-era, Resources or ide-ntifled competent authority requests such State department, in vvriting to. submjt comments. (5) Where comments submitted in terms. of subr-egulation (4) constitute an objection as contemplated in section 240( 4) of the Act, the Minrster of Mineral Resomces must refer such objection to the Regional Mining Development and Environmental Committee and provide a copy of such objection to the- applicant. (6} Where comments submitted by interested and affected parties to the EAP constitute an objection against an application for prospecting. minFng, reconnaissance, exploration. production or related Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za STAAT.SKOERA.NT 18 JUNIE 2010 No. 33306 17 activities in a prospecting. mining, reconnaissance, exploratfon or production area, the EAP must~ (a) refer such objections to the Minister of Minerals Resources who in turn refers it to the Regional Mining Develcpmerr.t and Environmental Committee; and ( b} provide a copy of such objections to the competent authority (7) The Regional Mining Development and Environmental Committee must, within 45 days after the date of receivlng such an objection, consider the objection and must make Wfitten recommendations to the Minister of Mineral Resources. Competent authorities' right of access to information 7. ( i ) A competent authority is en titled to an info rm ation th at reasonabl}1 has or may have the- potential of tnfluencing any decision with regard to an application unless access to that information is protected by law. (2) Unless access to th-e information oontemplat-ed in Sllbregulation (1 J is protected by law, an applicant or EAP mother person in possession of that information must, on request by the competent authority, drsclose that information to the competent authority, whether or not such information is favourable to the app!icant. Criteria to be taken into account by competent authoritiss when considering applications 8. When considering an application the competent authority mus~ have- regard to section 240 and 24(4) of the Act as well as the need for and desirability of the acUvity. Timeframes for competent authorities 9. (1} A competent authority must meet timeframes applicable to competent authorities in terms of these Regulahons. G 1 0-06293?.-- B Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za HJ No. 33-306 GOVERNMENT GAZETTE, 18 JUNE 2010 (2) Where the applicable timeframes contemplated 1ri regulations 24{1)(a), 25{1), 30(1), 34(2) or 35, as ths case may be, are not met, thos9 apphcable timeframes are automatically extended by 50 days. (3) Upon the lapsing of an extension contemplated ln subregulation (2) for decisions contemplated in regulations 24(1)(a). 30(1 ){a) or (c) or 34(2){a) or {d), the competent authority must base hls or her decision on the av a.ii ab I e information. {4~ Upon the lapsing of an extension contemplated in subregulation {2) regarding decisions to grant or refuse authorisation contemplated in regulations 25 or 35, as the case may be, the provisions of section 6(2)(g) and (3) of the Promotion of Administrative Justice Act, 2000 will apply. Notrflcation of dec1sion on application 10. {1) After a comp0-tent .authority has reached a decrsion on an application. tne competent authority must, in wrrting and within 2 days- (a} notify the applicant ot the decision; (~) give reasons for the deci~ion to the appilcant: and (c) draw the attentron of the applicant to the fact that an appea[ may be !odged against the decision rn terms of Chapter 7 of these Regulations, if such appeal is available in the circumstances of the decision. (2) The applicant must, in writing, within 12 days of the date of the decision on the appifca-tion (a) notify all registered interested and affected parties of (i) the outcome of the applicaUon; al1d (ii) the reasons for the decision; (b) draw the attenbon of all registered interested and affected parties to the fact that an appeal may be lodged against the decision rr, terms of Chapter 7 of these Regulations, if such appeal is available in the circu mstar, ce-s of the dBcislo n; Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za STAATSKOERANT, 18 JUNIE 2010 No.33300 19 {c) draw the attention of all registered interested and affected parties ta the manner in which they can access the decision; and ( d) publish a noUce {i) informing interested and affected parties of the declsion: {ii) informing interested and affected parttes where the decision can be accessed; and (!ii) drawing the attention of interested and affected partfes to the fact that an appeal may be lodged against the decision in terms of Chapter 7 of these Regulations, tf such appeal is available under the circumstances of the decision, in the newspapers contemplated in regulation 54{2Xc) and (d) and lllhich newspaper was used for the plac;ng ot advertisements as part of the public participation process. Registry of applications and record of decisions 11. A competent authority must keep (a} a register of a.U appHc::ations rec-eived by the competent authority in terms. of thes€ Regulations: and (b} records of all decisions in respect of environmentai authorisations. Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 20 No, 33306 GOVERNMENT GAZETTE, 16 JUNE 2010 CHAPTER 3 APPLICATIONS FOR ENVIRONMENTAL AUTHORISAT!ON Part 1: General matters Applications 12 { 1) An application for an environmental authorisation for the commencement of an activity must be made ~o the competer,t authority referred to in regulation 3. (2) An application must (a) be made on an offidal application form obtainable from the relevant competent authority; and (b) when submitted in terms of regulation 21(1) or 26(b), bo accompanif.:.!:d by (i} the written notice referred to in regulatron 15{ 1} as weir as proof of serving of such notice on the owner or person trt control of the land, if the appJ;cant is not the owner or person in control of the land an which the activity is to be undertaken; and (ii) the prescrlbed apphcation fee, if Bny. ( 3) An applicat\on for an environmental authorisation may (a} be submitted simultaneously with an application for any right or permit in terms of the M[r,erat and Petroleum Resources Development Act. 2002; (b) whero sGction 24L of the Act appties. be submitted in the manner as agreed to by the relevant authoriUes. Checking of applications for compliance with fonna! requirements 13. { 1) Upon receipt of an application, the competent autl7ority to which the application is submitted must check whetner the app!ication {a) is properly completed and that it contains the irtformation required m the- application form; arid Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za STAATSKOERANT. 18 JUNlE 2010 No. 33306 21 {b) is accornpariied by any reports, other documents arid fees as required in terms of these Regulations; and (c) has taken into account any guideline applicable to the submission of applications. (2} The competent authorlty must. within 14 days of receipt of the apprication, and in writing (a) ackno~edge receipt of and accept the application, IT the app,ication is rn order; or (b) acknowledge recelpt and reject, in writing, the application, if rt is not in orde~. (3) The applicant or EAP managlng an application that has been rejected in terms of subregulation {2) may correct that application and resubmit it to the competent a.uthodty. { 4) Subregulations (1 ~ and (2} apply afresh to a corrected application submitted to the competent authority ;n terms of subrngulation (3}. Combination of app\ications 14. (1) If an applicant intends undertaking more than one activity or the same type at different locations within the area of jurisdiction of the competent authority, different applications i11 respect of the different locations must be submitted, but the competent authority may, at the written request of the applicant, grant permission for the submission of a single application in respect of all those activlt1es, IM"lether or not the application is submitted on one or more app!icabon forms. (2) If the- competent authority grants permission in terms of subregu1atlon (1 }, the application must be dealt with as a consolidated process in respect of all the activities covered by the application, but the potential environmental impacts of each actlvity must be considered in terms of the location where the activity is to be undertaken. Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 22 No 33308 GOVERNMENT GAZETTE, 16 JUNE 2010 Activtty on land owned by person other than appiicant 15. ( 1} If the applicant ls not the owner or person in control of the land on which the activity is to be und,ertaken, the applicant must give written notice of the proposed activity to the owner or person in control of the- iand on which the activity ls to be undertaken, and inform such person that he may participate in the public participation process as contemplated in regulation 54. (2) In circumstances where a notice as contemplated in subregulahon (1) will not serve the purpose of notifying ths owner or person in control of the fand as that person is unable to understand the content of the notice due to { i} iHiter acy; {ii) disability; or (iii) any other disadvantage, alternative means of notifying the owner or person in control of the land must be agreed to with the competent authority and a record of such agreement as well aE. proui of compliance with the requirement to give notice must bt:i provided (3} Proof of the notice cont~mpla~ed in subregulation ( 1) must be submitted with the application form as wntempiated in regulation 12{2). (4) The format of a notice contemplated in subregulation (1) or (2) may be determined by the competent authority and proof of service of such nobce must be submitted to the competent authority. Appointment of EAPs to manage appiications 16. ( 1) Before conducting basic assessment or S&EI R, an applicant must appoint an EAP at own cost to manage the application. (2) The appltcant mus~ Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za ST AATSt<OERANT, 16 JUNIE 201 0 No, ~soo :i3 (a) take all reasonable steps to ve-rtfy whether the EAP to be appointed complies with regujation 17(a) and (b}; and (b) provide the EAP with access to all information at the disposal of the applicant regarding the application, whether or not such fnformat1on is favourable to the app-licar,t. General requirements for EAPs or a person compiling a specialist report or undertaking a specialised process 17. An EAP appointed in terms of r~ulatlon 16(1) must {a.) beindependent (b) have expertise ln conducting environmental Jmpact assessments, including knowledge of the Act, these Regulations and any guidelines that have rejevance to the proposed activity; (c) perform the work relatlng to the application in an obj~ctive manner, even if this ,-esuHs in viav,,-s and findings that are not favourable to the applicant; {d) comply with the Act, these Regulations and all other appHcable reg isl a ti on: (e) lake into account, to the extent pos.sibie, the matters referred to in regulatioil B when preparing the application and any report relating to the application; and (f) disclose to the applicant and the competent authority all rnateria! information in ~he possession of the EA.P that reasonably has or may have the potential of influencing (;) any decision to be taken with respect to the application by the competent authority in terms of these Regulat~ons; or (ii) the objectivity of any report, plan or document to be prepared by the EAP in terms of these Regulations for submission to the competent authority. Disqualificat~on of EAPs or a person compiling a specialist report or undertaking a specialised process 18. (1) If the competent authority at any stage of considering an application has reason to believe that the EAP managing an application Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 2-4 No. 33306 GOVERNMENT GAZETTE, 18 JUNE 201 O or a person com piling a s p eciaHst report or u nderta k.i ng a speci a.lised process may not comply with the requirements of regulation 17 in respect of the appHcahon, the competent author1ty must (a) notify the EAP and applicant of the reasons therefore and that the application is suspended until th-e matter is resolved; and {!J) afford the EAP and applicant an opportunity to mske representations to the competent authority regarding the independence of the EAP, in writing. (2) An i11terested and affected party may notify the competent authority of suspected non•compliance with regulation 17. (3) Where an interested and affected party notnies the competent authority of suspected nonMcompitance with regulation 17, the competent authority must in'✓estigate the aHegation. (4) The notification referred to in subregulation {2) must be submitted in writing and must contain documentation supporting the allegation, which is ref.erred to in the notification. (5) If, after considerlng the matter, the competfl'nt author;ty rs unconvinced of compffance with regulation 17 by the EAP or person compiling a specialist report or undertaklng a soecialised process, tne competent authofity must in writing, inform the EAP or pefson compiling a specialist report or undertaking a specLalised process and the applic,;:)n.t accordingly and may {a} refuse to accept any further reports or input from the EAP or person compHlng a specialist report or undertaking a specialised process in respect of the applica,ion in question: (b) request the applicant to (i) cornmissron, at own cost, an external review by an independent person or persons of any reports prep~red er processes conducted by the EAP or person compiling a Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za STAATSKOeRANT, 1 B JUNll= :2010 No. 33306 25 specialist report or undertaking a specialised process in connection with the a p plication; {ii} redo any specmc aspects of thB work done by the previous EAP or pernon compiling a, specialist report or undertak;ng a specialised process in connection with the application; and (iii) to complete any unfinished work in connection with the application; or (c) request the applicant to take such action as fhe competent authority requires to remedy the defects. (6) if the application has reached a stage where a register of interested and affected parties has been opened in terms of regulation 55, the applicant must inform all registered interested and affected parties of any suspenston of the application as weli as of any decisions taken by the competent authority in terms of subregu lation (5 ). Determination of assessment process appOcable to appUcation 19. (1) When appotnted tn terms of regulation 16(1}. an EAP must in sccordance- with regulation 20 determine whether basic assessment or scoping must be appHed to the appiicahon. taking into account-· (a} any guidelines applicablf.l to th& activity which ls the subject of the appfication; and (b) any advice given by the competent authority in terms of regulation 5, (2) An applicatlon rnu:st be rr.anaged in accordance with~ (a) Part 2 of this Cllapter if basic assessment must be applied to the appl1catio11; or (b) Part 3 of thi5 Chapter if S&EIR must be app[ied to the application. Determining whether basic assessment or S&EIR ts to be appfied to application 20. (1) Basic assessment must be applied to an application if th-e authorisation applied for is. in respect of an activity•-· Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za .26 No. 33306 GOVERNMENT GAZETTE, 18 JUNE 2010 (a) listed in a notice issued by the Minister or an. MEC in terms af section 24D of the Act identifying further activities. for which environmental authorisation is required and stipulating that the procedure- described in Part 2 of this Chapter must be applied to applicatjons for environmentaf authorisation in respect of those activities: or (b) for which permission has been granted in terms of subregulation (4} for basic assessment instead of S&EIR to be applied to the application. (2) S&E1R must be applied to an application if {a) the authorisation applied for is in respect of an activity listed in a notice jssued by the M!njster or an MEC in terms of section 24D of ttie Act. identifying further activities fur which environmental authorisation is required, .aod stipulating that the procedure described in Part 3 of this Chapter, must be applied to appi1catiorts for environmental authorisation in respect of those activities; (b) permission rias been granted lr: terms of subregulation (3) for scoping instead of basic assessment to be applied to the application; or (c) the applrcation is for two or more activities as part of the same dev8lopment and S&EIR must in terms of paragraph {a) or (b) be applied in respect of any of the activities. (3} I~ an applicant intends undertaking an activity to which basic assessment must be applred in terms of subregulation ( 1 ) and the appHcant, on the advice of the EAP managing the application, is for any re.ason of the view that it is unlikely that the competent authority will be able to reach a decision on the ba:srs of infoF1T1at1on provided in a basic assessment report, the applicant may apply. in wrif1ng. to the competent authorlty for permission to apply S&EIR instead of baste assessment to the application. Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za Polity~ a STAATSKOERANT. 18 JUNIE 2010 No. :)3300 'ZT ( 4) If an a pp licarit intends u nd ertak l ng an activity to which S&EIR must be applied ;n terms of subregulation (2) and the applicant, on the advice of the EAP managing the app!icatio11, is for any reason of the view that [tis iikeJy that the competent authority will be able to reach a decisiori on the basfs of informaHon provided in a basic assessment report, the applicant may apply, in writing, to the competent authority for permission to apply basic assessment instead of S&EIR lo the applicabon. Part 2; Application subject ta bask; assessment Submission of application to competent autl10:ity and steps to be tak.en after submission oi application 21. (i) If a basic assessment must be applled to an app1ication, the apphcant or EAP managing the application must submit an spplication form, including a declaration of interest by the EAP and any documents referred to in regulation 12(2)(b). to the competent authority before conductrng basic assessment. (2) Atter having su bmittod an application, the EAP managing the application, must l a) conduct at least a public participation process as set out in regulation 54; (b) open and maintain a register of all interested and affected parlies ln respect of the <:!pplication in accordance with regulation 55; (c) con-sider all comments and representations received from interested and affected parties following the pubHc part(cipalion process conducted in terms of paragraph (a), and subject the proposed application to basic assessment; (d) prepare a basic assessment report in accordance with regulation 22;and {e) give all registered interested and affected parties an opportunrty to comment on the "basic assessment report in accordance with regulabon 56 Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 28 No. 33306 (3) GOVERNMENT GAZETTE, 18 JUNE :zo,o The fom,at of an application form as. contem9lated in subregulatlon ( 1} may be determined by the competent authority. Content of basic assessment reports 22. ( 1) The EAP ma11aging an application to which this Part applies must prepare a basic assessment report in a format that may be determined by the competent authority. (2) A basic assessment report must contain ajl the information that is necessary for the competent authority to {;onsider the application and to reach a decislon contemplated. in regu,ation 25, and must indude {a} details of (r) the EAP who prepared the report; and (H) the expertise of the EAP to G<:lrty out basic assessment procedures; (b) .;1 descriphon of the proposed activity; (c} a description and a map of the prop~rty on which the activity is to be undertaken and the location -of the acbvity on 1he property, or, rf rtrs (0 a; linear activity, a descrlption of the route of the activity: or (ii) an ocean-based actiVity, the coordinates withi rr which the activity is to be undertaken; (d) a descripUon of the environment that may be affected by the proposed activity and lhe manner Jn which the geographica:, physicat biologic:al, social, economic and cultural aspects of the environment may be affected by the proposed activity; (e) an identiiicatiori of all legislation and guidelines that have been considered in the preparation of the basic assessment report; {f} details of the public participation process conducted in terms of regulation 21{2)(a) in connection with the application, inctudlng (i) the steps that were taken to notify potentiarly tnterested and affected parties of the proposed application; Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za STAATSKOERANT, 1 a JUNIE 2CHO No, 33300 :Hi (it} proof that notice boards, advertisements and notices noUfying potentially interested and affecte{j parties of the proposed applicatio11 have been displayed. placed or given; (iii) a list of all persons, organisations and organs of state that were registered in terms of regulation 55 as interested and affected parties in relation to the application; and (Iv) a summary ot the issues raised by interested and aff~cted parties, the date of receipt of and the response of the EAP to those Jssues; (g} a description of the need and desirability of the proposed activit~·; {h) a description of any identified alternatives to the proposed act;vity that are feasible and reasonable, including the advan.tages and disadvarit~ges that the proposed adivity or atternatives will have on the environment .sind on the rommunity that may be affected by the activity; a description and assessment of the significance of any environme11tal impacts, 1ncluding (i) cumulative impacts, that may occur as a result of the undertaking of the activity or identified alternatives. or as a result of any cons.truction, erection. or decommissioning associated with the undertaking of the acUvity: (ii) the nature of the impact; (iii} the extent and duratioo of the impact; {iv} the probabihty of the impact occurring; (v) the degree to which the impact can be reversed; (vi} the degree to which the impact may cause irrepl;:iceable loss of resources: and (vii) the degree to which the impact can be mitigated; U) any environmental management and mitigation measures proposed by the EAP; (k} any inputs and recommendations made by specialists to the extent that may be necessary; {I) a draft environmental management programme containing the aspects contemplated ln regulation 33: Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 3<l No. 33-3-06 GOVERNMENT GAZETTE, 18 JUNE 2010 {m) a description of any assumptions, uncertainties and gaps in knowledge: (n) a reasoned opinion as to whether the activity should or should not be authorised, and if the opinion is that it should be authorised, any conditions that should be made in respect of that authorisation (o} any representations, and comments received in connection witM the applicaUon or the basic assessment report; (p) the minutes of any meetings held by the EAP with interested and affected parties and other role players which record the views of the participants: (q) any responses by the EAP to those represent:;!tions, comments and vtews: (r) any specific information required by the competent authority; and: (s} any other matters required in terms of sections 24(4)(a) and (b) of the Act (3) In addition. a basic assessrner1t report must take into HCCOunl (a} any relevant guidelines; and (b) any department~! policies, environmental management instrumerils. and other decision ma.i<ing instruments that have beeri developed or adopted by the competent authorrty in respect of the kind of activity which is the subject of the appiication. (4) The EAP managing the application must provide- the competent authority with detatied, written proof of an inw;istigation as required by section 24{4}{b)n) or the Act and motivation if no reasonable or feasible alternatives, as contemplated in suuregulation 22(2}(h). exist Submission of bas~c assessment report to competent authority 23. After having complied with regulation 21, the EAP mana.ging the appl1caUon must submit to the competent authority, where applicable, Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za STAATSKOERANT. 1'J JUNIE 20, 0 No. 33306 31 within the timeframes stipulated by the competent authority, the prescribed fee, and at least 5 copies of~ (a) the basic assessment report; (b) any representations, and comments received ,n connection wlth the application or the basic assessment report: ( c-:) the minutes of any meetings held by the EAP with internsted and affected parties arrd other role players which record the 11iews of the participants: and (d) any responses by the EAP to those representations, comments and views (2) The competent authorlty must, w;thin 14 days of receipt of the bas(c assessment report. and in writing, acknowledge receipt thereof. Consideration of appUcation 24. ( 1) A competent author;ty must within 30 days of acknoVuiedging receip1 of the basic assessment report and in writlng (a) 8ccept the basic assessment report, if the basic assessment report complies with the requirements of regulation 22; (b~ reject the basic assessment report, lf 1t (i} does not contain material information required in terms of these Regulations; or (ii) has not taken in1o account guidelines applicable in respect of basic assessment reports. (2) If the basic assessment report is rejected, the competen~ authority must request the EAP mar.aging the application (a) to submit such additional information as the competent authority may require ; (b} to submit a report on any specialist study or specialised process as the competent authority may require in retation to any aspect of the proposed activity; (c) to suggest. cor,sider or comment on feasible and reasonable a !tern at ives; or Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 32" No. 33306 GOVERNME:NT GAZETTE, 18 JUNE 2010 {d) to subject the application to S&EIR. (3) The competent authority may reject the basic assessment report if i~ does not substantially comply wrth regulation 21 or 22. {4) A basic assE!ssment report that has beeri rejected in terms of subregulation {3) may be amended and resubmitted by the EAP to the competent authority. {5) Comments that are made by interested and affected par1Jes in respect of an amended basic assessment report must be attached to the report, but the EAP need not make further changes to the report in response to such comments. {6) Upon receipt of any Information, reports, suggestions or comments reques1ed in terms of subreguiation (2)(a~, (b) or (c) or any amended basic assessment report submitted in terms of subregulation (4), the competent authority must reconsider the applicabon as per regulation 24( 1 ). {7) If the competent authority requests in terms of subregu1at,on (2){d) that the application be subjected to S&EIR, the application must be proceeded with tri accordance- with regulations 26 to 35. Decision on application 25. 1) A competent authority must (a) within 30 days of accepting a basic assessment report in terms of regulation 24( 1 ), or within 30 days of the lapsing of the 60 days contemplated in regulation 9{2); :x (b} if paragraphs (a), (b) or (c) of regulation 24{2) are applicable or if the basic assessment report has been re}ected in terms ot regulation 24{3). within 30 days of recelpt of the required information. reports, suggestions or comments or the amended Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za Polity~ a STAATSKOERAt,rr. 13 JUNIE 2mo Nn. S33(l6 33 basic assessment report, consider the appficat!on and basic asse-ssment report and in writing (i) grant the authorisation in. respect of all or part of the activity applied for; or (ii} refuse the authorisation in respect of all or part of the activ,ty (2) To tho extent that authorisation is granted for an alternative, such a.ltarnative must, for the purposes of subre-gulat,on ( 1 ), be regarded as having been applied for. (3) On having reached a decision, the competent authority must comply with regulation 1 O( 1 ). after which an applicant must comply with regulation 10(2). G1 O·U62932- C Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 34 No 33306 GOVERNMENT GA2ETTE. 18 JUNE 2010 Part 3: Application subject to scoping and env;ronmental impact reporting Submission of appUcation to competent authority 26. If S&EIR must be applied to an application, the applicant or EAP managing the appilcaUon must {a) complete the application form for environmental authorisation of the re I eva n t activity; and (b) submit the completed applrcation form to the competent authority, together with (i) a declaration of interest by the EAP on a form determined by the competent authority; and {il) any documents referred ta in regulation 12{2)(b ) Steps to be taken after submission of applicatSon 27. After having submitted an application, the EAP managing the application must (a} conduct at least the pubiic partjcipation process set out in regulation 54; {b) give notice. in writing, of the proposed application to any organ of state which ha5 jurisdiction in respect of any aspect of the activity: (c} open and maintain a register of all interested and affected parties in respect of the appltcation in accordance with regulatton 55; (dj consider all comments and representations received from interested and affected parties folto~ng the pubHc partlcipatior1 process: (e) subject the application to scoping by identifying (i) issues that will be relevant for consideration of the application; (ii) the potential environmental impacts of the proposeo' activity; and (Hi) alternatives to the proposed activity that are feasible and rea~onable: (f) prepare a scoping report in accordance with regulation 28; Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za Polity~ a STAATSKOERANT, 18 JUNIE 2010 No. 33-306 3~ (g) give all registered interested and affected part;es an opportunity to comment on the scoping report in accordance with regulation 56; {h) where applicable, submi1 the scoping report within the tlrneframes stipulated by the competent authority; and (i) submit at least five oopies of the scoping report rontemplated in paragraph (f) simultaneously to the competent authority. Content of scoping report 28. (1) A scoping report must conta,n ail the information that is necessary for a proper understanding of the nature of issues idenUfied during scoping, and must include (a} details of~ (i) the EAP who prepared the report and Ui) the expertise of the EAP to carry out scoping 9rocedures; (b) a description of the proposed activity; {c} a descript1011 of any feasible and reasonable alternatives that have been id Em trfi ed: (d} a descrtpt,on of the property on which the activity is to be undertaken and the lot;ation of the sdivfty on the propert,i. or if it lS~ 0) a linear activity, a description of the mute- of the activity; or (il) an oceari-bascd activity, the coordinates where the activity ts to be undertaken; (e) a description of the environmen~ that may be affected by the activity and the manner in- which acUvlty may be affected by the er,vironment (f) an identification of aH legislation arid guidelfnes that have been considered in the preparation of the scoping report; (g) a description of e,wtronmental issues and potential impacts, including cumulative impacts, that have been identified; (h} details of the- public participation process conducted in terms of regulation 27(a), including~ Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 0) {ii) GOVERNMENT GAZETTE.. 16 JUNE 2010 the steps. that were taken to notify potentiatly interested and affected parties of the app I ication; proof that notice boards, advertisements and notices notifying potentially interested and affected parties of the application have been displayed, placed or given: (iii) a list of a!i persons or organisations ~hat were identified and registered in terms. of regulation 55 as interested and affected parties in relation to the application; and (iv) a summary of the issues raised by interested and affected parties, the date of receipt of and the response of the EAP to those issues; {i) a desc:ripUon of the need and desirability of the proposed activity; U} a description of Identified potential alternatives to the proposed activity, including advantages and disadvantages that the proposed activity or alternatives may have on the environment and the community that may be affected by the activity; (k) copies of any representations, and comments received in connection wfth the application or the scoµing report from interested and affected parties: (I) copies of the minutes of any meetings held by the EAP with interested and affected parties and other role players which record the views of the- participants; and (m) .::my responses by the EAP to those representations and commen~s and views.: (n} a plar of study for environmental impact assessment which sets out the proposed approach to the environmenta 1 impact assessment of the application, which must include~ (i) a description of the tasks that will be uridertaken as part of the environmental impact assessment process, including any specialist reports or specialised processes, and the mannef in which such tasks will be undertaken; { ii) an indication of the stages at which the campeten.t authority will be consul1ed: Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za Polity~ a STAATSKOl=.RANT, 16 JUNIE 2010 NCJ . 3$306 37 (iii) a descriptlon of the proposed method of assessing the environmental issues and altemattves, including the option of not proceeding witt, the activity; and (iv) pa rticu la rs of the public partici pat ia n process that wHI b~ conducted during the envlronmentai lmpact assessment process; (o) any specific lnfonnation re-qui.red by the competent authority; and (P) any other matters required in ter-ms of sections 24{4)(a) and (b) of the Act (2) ln addition, a scoping report must take into account any guidelines applicable to the kind of activity which is the subject of the app 1 i ca ti o Ii. (3) The EAP managing the application must provide the competent authority with detailed, written proof of an investigation as required by section 24{ 4 )(b )(1) of the Act and motivation 1f no reasonable or feasible alternatives, as contemplated in subregulation (1 Xe), exist. Submiss1on of scoping reports to competent authority 29. The EAP managing an application must submit 5 copies of the scoping report compiled in terms of regulation 28 to the competent a utho rit y, together with (a) copies of any representations, and comments rece;ved lri connection with the application or th12: scoping report from interested and affected parties; (b} copies of the minutes of any meetings held by the EAP with interested and affected parties and other ro!e players which record the views of the participants; and (c) any responses by the EAP to those representations and comments. and vievvs. Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 30 No. 33306 GOVERNMENT GAZETTE, 18 JUNE 2010 Consideration of scoping reports 30. (1) The· competent authority must, within 30 d.ays of receipt of a scoping report, or receipt of the required information. reports, or comments or the amended scoping report, consider it, and in w,mng (a) accept the report and advise the EAP to proceed with the tasks contemplated in the plan of study for erwironmental impact a ssessrn ent: (b} request the EAP to make such amendments to the report as the competent authority may require; or (c) reject the scoping report if lt~ (i) does not contain material information requfred in tefms of these Reguiations; or (1i) has not taken into account gufdelines applicable in respect of scoping reports and plans of study for environmental impact assessment. (2) ln addition to complying with subregulation (1 ). the competent authority may advise the EAP of any matter that may prejudice the succBss of the appiicaUon. (3) A scoping report hat has been rejected by the competent authority in terms of subregulation ( 1 ){c) may be amended and resubmitted by the EAP. (4) On receipt of the amended scoping, the competent authority mus~ reconsider the scoping in accordance with subregulation (1 }. Environmental impact assessment reports 31. (1) lf a competent authority accepts a scoping report and advfses the EAP 1n tern,!;> of regulation 30{1 }(a) to proceed with the tasks contemplated in the plan of study for environmental rmpact assessment, the EAP must proceed With those tasks. induding the public partic1patton process for envimnme.ntal impact assessment referred to in reguiatlon 28(1 ){g)(i)~(iv) and prepare an environmental impact assessment report in respect of the proposed activity. Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za STAATSKOEFIANT. 18 JUNIE 2010 No. 33306 39 (2) An env1ronmental impact assessment report must contain a!I information that is necessary for the competent authority to constder the application a.rid to reach a decision contemplated in regulation 35, and must include (a) detai!s of { i) the EAP who compilad the report; and (ii} the expertise of the ~AP to carry out an environmenta1 impact assessment; (b) a detailed description of the proposed activity; (c) a description of the property on which the activity is to be undertaker. and the location of the activity on the property, or 1f it is {i} a !fne.ar activity, a description of the route of the achvity; or (i[) an ocean-based activity. the coordinates where the activity is to be undertaken; (d) a description of the envimnrnent that may be affected by the activity and the manner ,n which the physical, biological, soclal, eoonomtc and cultural aspects of the environment may be affected by the proposed acti v lty: (e) detalls of the public parttcipation proc..ess conducted in terms of subreguiation (1 ). incluoing { i) stei:is u11dertaken in accordance with the. plan of study; (ii} a list of persons, organlsations and organs of state that were registered as interested and affected parties; {iii) a 5umrnary of comments received from, and a summary of issues raised by registered interestsd and affected parties, \he date of receipt of these comments and the response of the EAP to those comments: and {iv) coples of any representations and comments received from regis.tered ;nterested and affected parties; {f) a description of the need and desirability of the proposed activity; (g) a description of identified potentiai alternatives to the proposed activity, indudtng advantages and dlsadvantages that the Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 40 Nc.33306 GOVERNMENT GAZETTE 16 JUNE 2010 proposed activity or altemaUves may have on the environment and the community that may be affected by the activity: (h) an indication of the methodology used in determining the significance of p-Jtential environmental impscts: {!) a description and comparative assessment of all alternatives identifie<l during the environmental !mpaci assessment process; 0) a summary of the findings and recommendations of any specialist report or report on a s~ecia!ised process; (k} a description of all environmental issues. that were identi1ied during the environmental impact assessment process, an assessment of the significance of each issue and an indication of the extent to which the issue could be- addressed by the adoption of mitigation measures; (I) an .assessment of each identified potentrally significant impact, including~ (i) cumulative impacts; {ii) the nature of the impact ( iiE} the extent and duration of the impar.t; (iv) the probabiHty of the impact occurring; (v} the degree to which the impact can be reversed; (vi} the degree to which tt,e lmpact. may ca.use irreplaceable loss of resources; and (vii) lhe degree to which the impact can be mlUgated; (m} c. descriptfon of any assumptions. uncertainties and gaps er. knowledge; {n) a reasoned opinlon as to whether the- activity should or shouid not be authortsed, and if the opinion rs that it should be auU,orised, any conditions that should be made in respect of that authorisation: (o) an environmer1tal impact statement which contains (!) a summary of the key findings of the environmental impact assessment; and (ii) a comparative assessment of the positive and negative implications of the proposed activtty and identified alternatives; Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za STAATSKOERAI\IT. 1S JUNIE: 2010 No. 33306 41 (p) a draft environmental management programme containing the aspects contemplated in regulation 33; { q) co pies of any s peda Ii st reports and reports on s p ec,a Ii sed processes complying with regulation 32; {r) any specmc information that may be reQuired by the competent authority: and (s) any other matters required in terms of sections 24(4}(a) and (b} of the Act. (3) The EAP managing the application must provide the competent authority with detanect, written proof of an lnvestigat\on as required by section 24(4)(bXi) of the Act and motivation if no reasonable or feasibte alternatives, as contemplated in subreguiation 31(2}(g), exist. Specialist reports and reports on spedalised processes 32. { 1) An applicant or the EAP managing an a ppncation may appoint a person to carry out a specialist study or specialised process. {2) The person referred lo ln subregulation {1} must compiy with the requirements ot regulation 7 7. {3) A spedal!st report or a report on a specisfised process prepared in terms of these Regulations must conta,n (a) details of ([) the person who prepared the report; and (ii) the expertise of that person to carry out the specialist study or specialised process: (b) a declaration that the person. is independent in a form as may be specified by the competent authority; (c} an indicaUon of the scope of, and the purpose for which, the report was prepared: (d) a description of the methodology adopted in preparing the report or .:::arrying out the specialised process; Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 42 No. -53306 (e) GOVERNMENT GAZETTE, 18 JUNE 20,0 a description of any assumptions made and any uncertainties or gaps in knowledge; a description of the nndings and potential implications of such findings on the impact of the proposed activity, including identified alternatives, on the envjronment (g) recommeridations ,n respect of any mitigaifon measures that should b a considered by the applicant and the competent {i) U} authority; a description of any consultation process that was undertaken during the course oi carrying out tMe study; a summary and copies of any comments that were received during any consultation process; and any other information requested by the competent authority. Content of draft environmentaF management programme 3-3. A draft environmental management programme must comply with section 24N of the Act and include- (a} details of (i) the person who prepared the environmental management programme: and (ii) the expertise of that person to prepare an environmental management programme; (b) information 011 any proposed management or mibgation measures that wi!I be taken to address the environmental impacts that have been identified in a report r.ontemplated by these Regulations, including environmental impacts or objectives in respect of-• (i) planning and design; (ii) pre---constmction and construction activities; {iii) operation or undertaking of the activity; (i\l) rehabilitation of the environment; and (v) closure. where relevant. {c) a. detaijed description of the aspects of the activity that are covered by the draft environmental management programme; Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za STAAiSKOERANT. ~ B JUNIE 2010 No, 33306 43 (d) an lder1UficaUon of the persons who will be responsible for the tmpJementation of the measures contemplated in paragraph (ti.;: {e} proposed mechanisms for monitorjng compllance with and performance assessment against the environmental management programme and reporting thereon; (f) as tar as is reasonably practicable, measvres to rehablhtate the environment affected by the undertaking of any listed activity or specified activity to its natura! or predetermined state or to a land use which conforms to the generally accepted principle of sustainable development, including, where appropriate, concurrent or progressive rehabiHtatlori measur~s; (g) a description of the manner In which it Intends to (i) modify. remedy, contro! or stop any action, activity or process which causes pollution or environmental degradation; (ii} remedy ~he cause of pollution or degradation and migration of po I tutants: (iii} comrtty with ariy prescribed erwironmentaf management standards or practices; (iv} comply with any applicable provisions of the Act regarding ciosure. where appitcable; {v) comply with any provisions of the Act regardirtg financial provisions for rehab i I itat ion, where .a ppi i cab I e: (h) lime periods within which the measures contemplated ir, the environmental management programme must bA. implemented; (i) the process for managing any env;ronmental damage, poriution. pumping and treatment of extraneous waler or ecological degradation as a result of undertak,ng a listed activity; U) an enviror.mental awareness plan describing the manner in wh•ch {i) the applicant intends to inform his or her employees of any environmental risk which may result from their work; and {it} risks must be dealt wfth in order to avoid pollution or the degradation of the environment; (k} where appropriate, closure plans, including closure objectives. Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 44 No.33300 GOVERNMENT GAZETTE. 1a JUNE 2010 Consideration of environmentar impact assessment reports 34. ( 1) (a) Where applicable, the EAP must submit the environmental impact assessment report within the timeframes stipulated by the competent authoritv. {b) On completion of the environmental 1mpact assessment report, the EAP must submit at least 5 copies of the environmental impact assessment report to the competen.1 authority. (2} The competent authority must, within 60 days of receipt of an environmental 1mpact assessment repcrt !n wfitlng ( a) accept the re:port; or (b) reject the report if it does not substantially comp!y wlth regu!aUon 31(2} and (i) notify the applicant that the report has been referred for specialist review in terms of section 241 of the Act or (:i) reques! the appricant to make such amendments to the report as the competer.t authority may require for acceptance of the environmental impact assessment report. (3} The acceptance of the environmental Impact assessmen! report in subregulation {2){a) may include acceptance of the environmental management programme if it meets the requirements. (4) {a) An environmental impact assessment report that ts rejected in terms of subregulation (2)(b) may be- amended and resubmitted by the EAP. {b) On receipt of the ame11ded report, the competent authority must recon-sider the report tn accordance with subregulation (2). Oectsiori on applications 35. ( 1) A competent authority must within 45 days of acceptance of an environmental lmpact assessment report in terms of regulation 34 or. if the report was referred for special!st revjew in terms or Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za STAATSKOERANT, l fl JUNIE 201 O No. 33306 45 section 241 of the Act, within 45 days of receipt of the findings of the specialist reviewer, or within 30 days of the lapsing of the 60 days contempjated rrt regulation 9(2), in VvTiting (a) grant authorisation in respect of all or part oi the activi1y applied for; or (b) refuse authorisation in respect of all or part of the activity. (2) To the extent that authorisation is granted for an alternative, such alternative must for the purposes of subregulation ( 1) be regarded a:s havrng been applied for. (3) On havtng reached a decis,on, the competent authority' must comply with regulation 10( 1 ). ( 4) The Minister of Minera[ Resources may only issue an authorisation if the provisions of section 24P{ 1) of the Act have been complted with. Part 4: Environmental authorisation lssue oi environmentaJ authodsation 36. (1) If the competent authority decides to grant authorisation., the competent authority must lssue an environmental authorisation complying with regulabon 37 to. and in the name of. the applicant. (2) If in the case of an application referred to in regulation 14-, the competent authority decides to grant authorisation in respect of more than one activity, the competent authority may issue a single environmental authorisaUon covering all the activities for which authorisation was granted. (3) A competent authorFty may rssue .an integrated environmental authorisation as contemplated ln section 24L of the Act. Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 46 No.33306 GOVERNMENT GAZETTE, 18 JUNE ::20"10 Content of environmental authorisation 37. {1) An environmental authorisation must specify~ (a) the name. address and telephone number of the person to whom the authorisation is issued; (b) a description of the activity that is authorised; (c) a description of the property on which the activity is to be undertaken and the location of the activity on the property, or if i~ is.- (i) a linear activity, a description of the route of the activity; or (li) an oceanrbased activity, the coordinates. within which the activlty ts to be undertaken: (d) the conditions subject to which the activity may be undertaken, includrng co ndltions determining (i) the p~riod for which the environmental authorisation is valid, if granted for a sp~crric period; (ii) raquir-eme:nts for the management, monitoring and r9porting of the impacts of the activity on the environment throughout the !ife cycle of the activity as contained in the approved envtror,menta: management programme: and (iii} the \ransfer of rights and obligations when there is a change of ownership in the property on whicr, the activity is to take P:ace: and {e) where applicable. indicate the manner in which and whe11 the competent authority will approve the environmental management programme; and (i) the requtrements on the manner in which and the frequency when the environ.mental management programme will be approved, amended or updated. {2) An environmental authorisation may~ (a) provide that the authorised activity may not commence before spectfied conditions are complied with: Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za Polity~ a STAATSKOE:RANT. 1 B JUNIE 201 O No. 33306 47 (b) require the holder of the authorlsation to furnish the competent authority with reports prepared by the holder of the authorisation or a person who is independent, at specified times or interva!s,-. {i) indicating the extent to which the conditions of the authorisation are or are not being complied with; (ii) providing details of the nature of, and reasons for, any non­ compliance with a condition of the authorisation; and (iii) describing any action taken, or to be taken, to mitigate the effects of any non-compliance or to prevent any recurrence of the non-compliance; {c) require the holder of the authorisation to furnish the cc,mpetent authority with environmental audit reports on the impacts of the authorised acbvity on the environment. at specified times or interoals or whenever requested by the competent euthor;ty; (d) where appficabic, requjre the holder of the authorisation to furnish the competent authority with proof of compliance with the requirements regarding financial provision; (e) whme applicable, require the holder of the authorisat;on to furn;sh the competent authority with proof of compliance with the applicable requirements regarding closure; and {f} include any other condition that the competent authority considers necessary for the protecUon af the environment. CHAPTER 4 AMENDMENT AND SUSPENSlON OF ENVIRONMENTAL AUTHORlSATION AND ENVIRONMENTAL MANAGEMENT PROGRAMME General 38. ( 1) The competent authority that issued an environmental authorisation has jurlsdict1on in all matters pertaining to the amendment of that authorisation. {2) An environmental authorisation may be amended Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 48 No. ~306 GOVEANMEITT GAZETTE, 18 JUNE 2010 (a) on app-1ication by the hold-er of the- authm1s.ation in accordance with Part 1 of this Ch.apter; or (b} on the initiative of the competent authority i11 accordance with Part 2 of lhis Chapter. (3) An environmental authorisatton may be amended by (a} attaching an additional condition or requirement (b) substitutinQ a condition or requirement (c) removing a condition or requirement; (d) changing a conditfon or requirement; (e) updating or changing any detatl on the autholisatiori; or (f) correcting a technical or editorial error. Part 1: Amendment on application by hoJders of environmental authoris at,o n Applications for amendment 39, (1) The holder of an environmentai authorisation may at any time apply to the relevant competent authority for the amendment of the authorisation. (2) An appl~cat1on contemplated in subrcgulation (1) may be submitted if (a) there is a material change in the circumstances which existed at the brne of the grant;ng of the environmental authorisation: (b} there has been a change of ownership in the property and transfer of rights and obligations must be provided for; or (c) a co-ndition contained in the environmental authorJsaUon must be amended, added. substituted, corrected. removed or updated. Submission of app\ication for amendment 40. (1) An application in terms of regulation 39 must be in writing and accompanied by a motivation for such amendment Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za STMTSKOERANT, ~ a JUN•E 2010 No- 33300 49 {2) The- competent authority must, within 14 days of receip1 of an ap pl i c.a tio n, ackno\J'A edge receipt of the application, in writing. Consideration of applicaHon and decision on non-substantive amendments 41. (1) Upon receipt of an application made ln terms of regulation 39, the competent authority (a} must cons,der whether granting the application is Hke!y to adversely affect the environment or the rights or interests of other parties; and (b) may for that purpose request lhe applicant to furnish additional information and such request must accompany the acknowledgement of receipt of the application, (2) The competent authority must within 30 days of acknowreogfng receipt of the application decrde the application if~ (a) the application is for a non&substantive amendment to the erwlronmentai authorisntion; m (b) the environment or the rights or interests of other parties are not likely to be adversely affected (3) If the applii::ation is for a substantive amendment. or if the environment or the rights or interests of other parties are likely to be adversely affected, the competent authority must, before deciding the applica1jon, request the appiicant to the extent appropriate (a) to conduct a public participation process as referred to in regulat;on 54 or any other public participation process that may be appropriate In the circumstances to bring the proposed amendment to the attention of potenttaf interested and affected parties, includi~g organs of state which have jurisdiction in respect of any aspect of the rel0vant activity; (b} to conduct such investigations and assessments as the competent authority may dkect. to prepare reports on those investigations and G 10-0029:'.:!.2- D Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 5-0 No 33:306 GOVERNMENT GAZETl E. 1 a JUNE 201 0 assessments, and, if the competent authority so directs., to make use of an EAP for this purpose; and (c) to submit to the competent authority those reports. together with any commerits on those reports. from registered interested and aff ectoo parties' Deets ion on application 42. {1) Within 30 days of cornplet10n of the process contemplated for substantive amendments in regulation 41(3), the competent authorlty· must accept or reject the infom,ation contemplated in regulation 41(3Xc). {2} On having accepted tMe information, the competent authority must reach a decisiori regarding the application for amendment. (3) [f the infonnation con~emplated i11 reguiation 41 (3)( c) was rejected, it may be amended and resubmitted. whereupon the competent authodty mu5t act rn accordance with subregulation ( 1 ) (4) On having reached a de-dsion on 'Nhether or rtot to grant the application, the competent authority must comply with regulation 10, (5) If an appfication is approved, the competent authority must issue an ~mendment to the environmental authorrsation either by way of a new environmental authorisation or an addendum to the existing environmental authorisation . Part 2: Amendment an initiative of competent authority Purposes for which competent authority may amend environmental authorisations 43. The relevant competen.t authority may on own initiative amend an environmental authorisation if Lt is necessary or desirable (a) to prevent deterioration or further deterioration of the envirorrment; (b) to achieve prescribed environmental standards; or Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za STAATSKOl:.RANT, 16 JUNIE 2010 No. 33306 51 {c) to accommodate demands brought about by impacts on socio­ economic circumstances and it is ln the public interest to meet those demands. Process 44. {1) If a competent authority intends amending an environmental authorisatior, in terms af re~:iulation 43, the competent authority must first (a) notify the hoJder of the environmental authorisation, in writing, of the proposed amendment; (b) give the holder of the environmental authorisat1on an opportunity to submit represeritations on the proposed amendment. in writing: and {c) if necessary, conduct a public participation process as referre-d to in regulation 54 or any other public participation process that may be appropriate in ~he circumstances to bring the proposed amendment to the attention of potential interested and affected parties, including organs of state which have jurisdiction in respect of any aspect of the relevant activity. (2) The process referred to in subregu1at1on { 1) must afford an opportunity to (a) potential interested and affected partres to submit to the competent authority written representations on the proposed amendment; and (b) the holder of the environmentat authorisation to comment on any re pre sent a tions reC""...e ived ·, n terms of paragraph (a) tn writ\ ng. (3) Subreguiation (1 )(c) need not be complied wtth lf the proposal is to amend the environmental authorisation in a non­ substantive way. Decis,on Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za GOVERNMENT GAZETTE, 1 B JUNE :.!'010 45. ( 1) The- compete11t authmity must, within 30 days of completing the actions in regulation 44(1 ), reach a decision to amend or not amend the environmental authorisation. (2) Within 30 days of completion of the pmcess contemp1ate-d in regulation 44 and where the competent authority decides to amend the environmental authorisation, the competent authority must issue ::l!n amendment to the environmental authortsa1ion either by way of a new environmental authorisation or an addendum to the relevant en viro nm e nta I au thorrs a.tio n. (3) On having made a decision, the competent authority must in writing and within 2 days (a} notify the holder of the- environmental authortsation of the decision; {b) give reasorts for the decision to the holder of the environmental authorisation; and {c) draw the attention of the holder of the environmental authorisation to the fact that an appeal may be lodged against the decision ln term5 of Chapter 7 of these Regulations, rt such appeal is avanable in the drcumstances of the decision. (4) The competent authority must in Vi,"Titing, within 12 days of the date of the decision { a:) no~ify afl registered interested and affected parties. if any, of (i) the decision; {ii) the reasons for the dedsion; (b) draw the attention of all registered interested and i:lffected parties, if .any, to the fact that an appear may be lodged against the decision in terms of Chapter 7 of these Regutations, if such appear is available ·1n the circumstances of the decision, and {c) draw the a1ten1lon of aH registered interested and affected parties, if any, to the manner ,n which they could access the decision. Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za Polity~ a STAATSKOERANT, 18 JUNtE 2(]10 No, -33306 5:3 Part 3: Amendment of environmental management programme Amendment of environme11tal management programme 46. (1) The competent authority may, on own initiative or upon a.pp[ication, amend an environmental management programme if it is necessary or desirable~ (a) to prevent deterioration or further deterim atio n of the environ mo n t; (b} to achieve prescribed environmental standards; (c) to accommodate demands brought about by impacts on socio­ economic circumstances and it ts in the publfc interest to meet those demands; (d) to ensure compliance with the conditions of the environmental autho ri satton; (e) 1n order to assess the continued appropriatoness and adequacy of the envirnnmental management programme; or {f) when an environmental managemer.t programme ts in conflict with the principles set out in the Act {2} An application contemplated in subregulation (i) must be in writing and must be support(=ld by the necessary motivation. { 3) A competent authority must acknowledge receipt o( an arpiicatior, for amendment within 14 days, (4) (a} If a competent authority initiates the amendment of an environmental management programme, the competent authority must first (i) notify the holder of the environmental management programme, in writing. of 1he proposed amendment; (ii) give the holder of the environmentai management programme an opportunity to submit representations on the p rop:i sed am end men t. 111 'Miting: and (iii ! where appropriate, conduct a public participation process as referred to in regulation 54 or any other public µarticipation process that may be appropriate iri the circumstances to bring the proposed amendment Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 54 No. 33.306 GOVERNMENT GAZETTE, 18 JUNE 2010 to the attention of potential ,nterested and affected parties, including organs of state which have jurisdiction in respect of any aspect of the refevant activity {b) The process referred to in subregulation (4)(a) must where applicable, afford an opportunrty to (i) potential interested and affected parties to submit to the competent authority written representations on the proposed amendment: and (ii) the holder ot the environmental managem er,t programme to comment 011 any representations received rn terms of paragraph {a} in writing. (c) SubreguLations (4Xa}(iif} and (b) need no~ be complied with if the proposal to c1mend the environmental management programme is for a non-substanbve amendment (5) {a) If the holder of an environmental authorisation applies for the amendment of an environmental management programme, such holder must first, where appropriate. conduct a public partidpation proces~ as referred to in regulation 54 or any other public participation process that may tie appropriate ir: the circumstances to bring the proposed amendment to the attention of potential interested and affected parties, including organs of state which have jurisdiction in respect of any aspect of the relevant actjvity. (b) Subregulation (a) need not be complied with tf the application to amend the environmental management programme is for a non­ substantive amendment (6} The compete-nt authority must, within 30 days of rece,ving au information and, where applicable, completing ar: prescrjbed processes Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za Polity~ a STAATSKOERANT, 16 JUN!E 2010 No. 3~06 55 (a; ln the case of an application to amend an environment.al management programme that was approved in terms of the Act through the issuing -cf an erwironmentat authorisation, refuse the appficatton ar approve the application by issuing an addendum to the relevant environmental authortsatjon; or (b) ln the case of an application to amend an environmental management prog~amme that was approved in terms of the Minerals and Petroleum Resources Di.'=lvelopment Act, refuse or approve the application to amend the environmental management programme and communicate the decision in writing to the holder of the prospecting, mining, reconnalssance. expioratton or production rig ht or perm it. (?} Where an environmental management programme was amendod. the competent authorlty must 111 Villiting and within 2 days~ (a) notify the holder ot the environmental management programme of th~ amendment; (b) give reasons tor the amendment to the holder of the environmental management programme: and {-~} draw the attentfon of the holder of the -environmental management programme to the fact tha~ an appeal may be lodged against the amendment in terms of Chaptar 7 of these Regulations, if such appeal is avarlable in the circumstances of the decision. (8) Where the amendment was initiated by the competent au~hority and where a public parhcipat\on process was uiide-rtaken as oer sub reg u !ation { 4 )(a)( iii), the ;xi m pete nt authority mu st, in writing, wlt hi n 12 days of the date of the amendment (a} notify all registered interested 8nd affected parties ot (i) the amendment: (ii) the reasons for the a mend ment; {b) draw the attention of all reglstered interested and affected parties to the fact that ari appear may be lodged against the amendment in Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za GOVERNMENT GAZETTE. ~ 8 JUNE :201 o terms of Chapter 7 of these Regulations, if such appeal is ava1'able in the c i rcu m stances of the decision, and (c) draw the attention of all registered interested and affected parties to the manner in which they could access the amendment. (9) Where the amendment was applied for by the holder of the environmental management programme and where a public participation process was undertaken as per subregulation (S){a), the applicant or EAP must, in writing, within 12 days of the date of the amendment~ {a) notify all registered fnterested and affected parties of {i) the amendment (ir} the reasons for the amendment (b} draw the aUentiort of all registered mterested and affected parties to the fact that an appeal may be lodged agaiost the amendment in terms of Chapter 7 of these Regulations, if such appeal ts ava[lab~e in the drcumstancas of the ctecision, and (c) draw the atte.ntion of all registered interested and affected parties to the mrmner in which they coulo access the amendment. Part 4; Suspension of environmental authorisation Suspension of environmenta\ authortsation 4 7. ( 1 } T tie competent authority mil y by wrltte n nutice, provid rn g the reasons for the suspension, to the holder of an environmental authorisation suspertci with immediate effect an environmenta, author,sation which may or may not be the subject of proceedings in tsrms of this Part if~ {a~ there are reasonable grounds for believing that the contravention or non-compliance with a condition of the authorisation is causing harm to the environment; or {b) suspension of the authorisation is nef"..essary to prevent harm or further harm to the environment; or (c) a condition of the authorisation has been contravened or is not being complied with; (d) the authorisatinn was obtained through Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za STAATSKOERANT, 18 JUNIE 2010 No. 33306 57 {i) fraudulent means; or (li} the misrepresentation or non-disclosure of materiai information; or {e) the activity has permanently or indefinitely been discontinued; or (f} unforeseen circumstances lead to potentiaf significant detfimental effects on 1he environment or on human dghts. Suspension procedures 48. (1) lf the competent authori~y considers the suspension of an environmental authorisation. the competent authority must (a) notify the holder of the authorisation, 1n writing, of the proposed suspension and the reasons why suspension of the authorisation is considered: (b} give the holder of the authorisation an opportunity (i) to comment on any environmental audit report submitted to or obtained by the competent authority in terms of regulaUon 69(2): and (ii) to submit any representations on the proposed suspension which the holder of the authorisatlon wishes to ma.ke. (2~ Subregulation {1 )(a) and (b) may be complied with either before or aner a suspension. {3} Subregulation 1(a) and {b) may be comphed with after a suspension only where suspension of the authorisation is necessary 1o prevent harm or further harm to the environment or where the procedures contemplatoci in subregulalion 1(a) or (b) wm defeat the purpose of the suspension. Decision 49. (1} Upon having reached a decision on whether or not to suspend the environmental authorisation, the competent authority must notify the holder or the authorisation of the decision in writing. Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za SB No.33306 GOVERNMEN1' GAZETTE, 18 JUNE 2010 (2) If the decision is to suspend the environmental ~uthorcsation, the competent authority must (a) give to the holder of the authorisation the reasons for the decision; and (b) draw the attention of the holder of the environmental authorisation to the fact that an appeal may be lodged against the dedsion in terms of Chapter 7 of these Regulations. tf such appeal iS availabls in the circumstances of the decision. {3) The provisions of this Part do not affect the institution of criminal proceedings against the holder of an environmental authorisation ;n terms of section 24F(2) of the Act CHAPTER 5 EXEMPTION FROM PROVfSIONS OF REGULATIONS Applications for exemption 50. Any person to whom a provision of these Regulations appiies may, subject b the prnvision-s of section 24M of the f..i..ct, apply to the Minister or the MEC, or the Minister of Mineral Resources. where appropriate, for an exempbon from any provision of the Act as it relates to environmental impact asse5sment or from any provision of these- regulations. Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za STAATSKOERAA.IT, 18 JUNIE 201 0 No. 33306 59 Su bm is sjon of a ppUcati on 51. ( 1} An application in terms of regulation 50 must be in writfng, and must be accompanied by ( a) an explanation of the reasons for the app!lcation: (b) any applicable supporting documents; and (c) the prescribed application fee. if arty. (2) The Minister, MEG or Minister of Miner-di Resources where appropriste must, within 14 days of receipt of an application, acknowledge recei;)t of the application ,n writing. (3) The applicant or EAP mwst communicate his or her lntenUon to app,y for exemption in terms of regulation 50 by giving notice in the manner prescribed iri subregulatio11 54{2)(a), {b), (c) or (d) or a combinat!oil thereof which is appropriate in the circumstances and as agreed to with the Minlst-er, MEC or Minister of Mineral Resources, to the land owner or person in control of the !and and all potential or registered interested and affected parties, a5 the case may be. (4) The notice r::ontemplated m subregulation (3). must, as a, minimum. contain {a) the provisions from which exemption is applied for; {b) the manner in which and the person to whom comments on the application for such exemption must be submitted; and (c) the date on which comments on the application for exemption must be submitled. Consideration of appUcation 52. ( 1 ) Upon re.ce i pt of an app! i cation in terms of regulation 50, the Minister or MEC or Minister of Mineral Resources, where appropriat,s, may request the applicant to fum1sh additional information or may advise the applicant of any matter that may prejudice the success of the application. Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 60 No. 33306 GOVERNMENT GAZITTE., ta JUNE. 20, 0 (2) The Mln1ster, MEC or Minister of Mineral Resources must consider the application, additional information, if such information was submitted in terms of subregulation (1 ), and any comments and reach a dec,sron within 30 days of receipt of all information, excep~ \Nhere an application for exemption relates to an action to be taken after the grantlng or refusal of the environmental authorisation, In which case the decision on the exemption and environmental authorisation may be combined Decision on application 53. (1} On havfng reached a decision on whether to grant or refuse the application, the Minister, MEG or Minister of Mineral Resources, where appropriate, must comply with regulation 1 Q (2) If an application is approved, the Minister, MEC or Minister of Mineral Resources, where appropriate. must lssue a written exemption notice to the applicant, stating (a} the name. address and telephone number of the person to whom the exemption is granted; {b} the provision of these Reg-ufations from which exemption is granted: (c) the conditions subjed to whlch exemption ts granted, including conditions relating to the transfer of the written exemption notice: and (d) the perfod for which exemption Es granted. if the exemption is granted for a perlod. CHAPTER 6 PUBLIC PARTICIPATION PROCESS Public participation process 54. (~) This regulation only applies in rnstanccs where adherence to the provisions of this regulation is specmcally required. {2) The person conducting a public participation process must take into account any gu'1delines applicable to public participation as Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za S1AATSKQERANT. 18 JUNI~ 2010 No. 333()6 61 contemplated· in. section 24J of the Act and must give not',ce to all potential interest9d and affected parties of the application which is subjected to public participation by (a) fixing a notice board at a place conspicuous to the public at the bour.dary or on the fence- of.~ (t) the site where the activity to which the appllcation reiates ls or is to be undertaken; and (ti) any alternative site mentioned in lMe- appiication; {b) gjving written notice to (i) the owner or person in control of that land if the applicant is not the own er or person in control of the 1 and; (ii) the occupiers of the site where the activity is or is to be undertaken or to any alternative. site where the activity ,s lo be underta.ken; (iii) owners and occupiers of land adjacent to the site where the actlv1ty is or is to be undertaken or to any alternative site where the activity is to be undertaken; {fv) the municipaf councillor of the ward in which the site or alternative site is situated and any organisatiori of ratepayers that represent the communrty in the area; (v) the munidpality which has jurisdiction in the area; (vi) any organ of state having jurisdiction in respect of any aspect of the activity; and {vir} any other party as required by the competent authority; {c) placing an advertisement in n) one local newspaper; or (ii) any official Gazette that is pubiished specifically for the purpose of pmviding public notice of applications or other submissions made in terms of these Regulations; (d) placing an advertisement in at least one provincial newspaper or national newspaper, if the activity has or may have an impact that extends beyond the boundaries of the metropolitan or local municipality in which it is or wm be undertaken: Provided that ttlls paragraph need not be complied with if an advertisement has Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 62: No.33306 GOVERNMENT GAZETTE, 18-JUNE 2010 been placed in an official Gc:1zette referred to 1n subregu\ation {c){1!); and (e) using reasonable alternative methods, as agreed to by the comp!;!tent authority, 1n those instances where a person fs desiring of but unable to partidpate in the process due to (i) ilfiteracy; (ii) disabrlity; or (lH} any other disadvantage. (3} A notice, notice board or advertisement referred to in subregulation (2} must- {a) give details of the applicatLDn which is subjected to public participation; and (b) state (i) that the application has been subm,tted to the competent authority in terms of these Regulations, as the case may be; (ii} whether basic assessment or scoping procedures are being applied to the applicat;on, in the case of an app[ication for env1ronrnentaJ authorisatron; ( ili) the nature and 1ocatjon of the actlvity to which the appiicalion relates; (iv} where further information on the application or activity can b0 obtained; and (vi) the manner rn which and the person to whom representations tn respect of the appl,cation may be made. (4) A notice board referred to in subregulation (2} mustJ• {a) be of a size at least 60cm by 42cm; and (b) display the rsqurred information in lettering and in a format as may be determined by the competent authority. {5) Where deviatio11 from subregulation (2) may be appropriate, the person conducting the public participation process may deviate from Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za SfAATSKOE:AANT, "18 JUNIE 2010 No. 33306 63 the ,equirements of that subregulation to the extent and in the manner as may be agreed to by the competer1t authority. (6) Where a basJc assessment report, scoping report or environmental impact assessment report as contemplated in reguJations 22, 28 and 31 respectrvely rs amended tiecause it has been rejected or because of a request fm addition.al information by the competent authority, and such amended report contains new information, the amended basic assessment report, scoping report or environmental impact assessment report must be subjected to the processes contemplated in regulations 21, 27 and 31, as the case may be, on the understanding that the application form need not be resubmitted. (7) When complying with this regulation, tt1e person conducting tile public participation process must ensum that { a) information containing ali relevant facts 1n respect of the appllcatron is made available to potential interested and affected parties; and {b} participation by potential interested and affected parties is facilitated in such a manner that alf potential jnterested and affected parties are provided with a mason.able opportunity to comment on the application. (8) Unless justified by exception.al circumstances, as agreed to by the competent authority, the applicant and EAP managing the environmental assessmem process must refrain from conducting any public participation process during the period of 15 December to 2 January. Register of rnterested and affected parties 55. (1} An EAP managing an application must open and maintain a register which Gontajns the. names, contact details and addresses of (a) a!j persons who, as a consequence of the pubJrc particlpation process conducted in respect of thm application in terms of Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za GOVERNMENT GAZETTE. t8 JUNE .2010 regulation 54, have submitted written comments or attended meetings with the applicant ar EAP; (b) alt persons who, after completion of the public parucipation process referred to in paragraph {a), have requested the appticant or the EAP managing the appHet;1tion, in writit"lg, for their nam~s to be pl aced on the register; and (c} all organs of state whlch have jurisdictton in respect of the act!vity to which the application relates. (2) An EAP rnanagirig an application must give access to the register to a.ny person who submits a request for access to !he register 1n wriUng, Registered interested and affected parties entitled to comment on submissions 56 (i) A regtstered interested and affected party is entitled to comment, in writing, on aU written submissions, Jn-cir.rding draft reports made to the com peten\ authority by the appr,cant or the EAP managlng an appHcation, and to bring to the attention of the competent authority any issues whi~h lhat party beHeves may be of significance to the consideration of the application, provided that (a} comments are submitted within {i} the timeframes that have be-en approved or set by the competent authority; or 01) any extension of a timeframe agreed to by the appik:ant or EAP: (b) a copy of comments submitted directly to the competent authority is served on the EAP; and (c) the interested and affected party discloses any direct business, financial. personal or other interest which that party may have Jn the approval or refusal of tho appflcstion. (2) Before the EAP managing an application for environmental authorisation submits a final report compiled in terms of these Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za Polity~ a STA.ATSKOERANT, 18 JUNIE 2010 No, ~06 ~ Regulations to the competent authority. the EAP must givei registered interested snd affected parties access to, and an opportunity to comment on the report in writing. {3) The report referred to in subregulation {2) inc1ude (a) basic assessment reports; ( b) bes,c assessment reports amended and resubmitted in terms of regulation 24 (4}; ( c) scoping reports; (d) scoping reports amended and resubmitted in terms of regulatron 30(3); ( e) specla [ist reports a11d reports on specialised processes compiled ,n !e rm s of re gu fation 32: (f) environmental impact assessment reports submitted in terms of regulatior1 31; (g) environmental impact assessment reports amended and resubmitted in tenns of regulation 34(4); and (h} draft environmental management programmes compiled in terms of regutation 33. { 4) The draft ve rslo n s of rep Drts referred to in subregu I ati on { 3) must be submitted to the cornpeten~ authortty prior to awarding registered interested and affected parties an opportunity to comment. (5) Registered interested and affecled parties must submit r,cmments on draft reports contempla1ed in subregulation (4) to the EAP, who should record it in accordance with regulations 21, 28 or 31 . (6) Registered interested and affected parties must submit comments on final reports contemplated in subregulation (3) to the competent authority and provide a copy ot such comments to the applicant or EAP. Gl 0-062932- -E Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 6(;. No . 33306 GOVERNMENT GAZE'rfE. H! JUNE. 20,0 (7) The competerit authority must, in order to give effect to section 240 of the Act, on receipt of the draft reports contemplated in subregulation {5), request any State department that adm(nisters a iaw re!ating to a mattsr affecting the environment to comment withln 40 days. (8) The timeframe of 40 days as contemplated in subregulation (7) must be read as 60 days in the case of waste management activitles as contemplated in the National Environmental Management Waste Act, 2008 (Act No. 59 of 2008), on which the Department of Water Affairs must concur and issue a record of decision in terms. of section 49(2) of the National Environmental ManaQement V\Jaste Manageme'1t Act, 2008 (Act No. 59 of 2008). {9) (a) When a State department is requested by the competent authority to comment, such State department must, within 40 days or in the case of Department of Water Affairs, 60 days for waste management actrvilies, of being requested to comment by the :ompetent authority, provide comments to lne competent authorJty. (b) ,f a State depal1ment foils to submit comments within 40, or 60 days for waste management activities, from tne date on wh~ch the Minister, MEC, Minister of Mineral Resources or identified competent authority requests such State department in writing to submH comment, it will be regarded that there are no comments. Comments of interested and affected parties to be recorded in reports submitted to competent i;IUthority 57. ( 1) The EAP managing an application for environmental authorisation must ensure that the comments of interested and affected parties are fecorded in reports and that such written comments, includi n.g records of meetings, are attached to tne report, submitted to the competent authority in terms of these Regulations. Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za STAATSKOERANT, 1B JUNII~ 2<lrn No 33306 67 {2) Where a person is desiring but unable to access written comments as contemplated in subregulation ( 1) due to~ {1) a lack of skll!s to read or write; {ii} disability; or (iii} any other disadvantage, reasonable alternative methods of recording comments must be provided for. CHAPTER 7 APP-EALS AppHcation of this Chapter 58. (i) This Chapter applies to decisions that~ (a} are subject to an appeal to the Minister or MEC in terms of section 43 ( 1) or (2) of the Act; and {b) were taken by an organ of state acting under delegatfon in terms of section 42 or 42A of the Act in the exercise of a power or duty vested by the Act or these Regu!.atfOns in a competent authority (2} No appeal in terms of this Chapter is avaifable if the Minister or MEC too\,;, decisions themselves in the~r capadty .as the competent authority for the application for an erndronmentai authorisation. Jurisdiction of Minister and MEG to decide appeals 59. An appeal must be dec:ided as provided for in section 43 of the Act Notice of intention to appeal 60. ( 1) A person affected by a de-cision referred to in these regu[ations who wishes to appeal against the deciston, must submit s notice at intention to appeal with the Mlnister, MEC, or delegated organ ot state, as the case may be, within 20 days after the date of the decision. Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 68 No 33306 GOVEAN~NT GAZETTE, 18 JUNE :2:010 (2) If the appellant is an applicant. the appellant must provide each person and organ of state which was a registered lntetested and affected party in relation to the applicant's application, within 10 days of having submitted the notlce contemplated in subreguiation ( 1 ), with (a} a copy of the notice referred to irt s.ubregulation (1 ); and (b) a tiotice indicating that the appeal submission will be made available on the day of lodging it with the Minister or MEC and where and for what period the appeal submission wm be available for inspection by such person or organ of state (3) If the appellant is a person other than an applicant. the appellant must provide the applicant, wlthin 10 days of having lodged the notice contemplated ln subregulalion ( 1 ), with~ (a) a copy of the notice refarreo to in subregulation (1 ); and (b) a notice indicating where and for what period the appeal submlssion wm be available for inspection by the- applicant. (4} The Minister, MEC or designated organ of stale. may, as the case may be, in writing, on good cause extend the pertod within which a notice of intention to appeal must be submitted Submission of appear 61. (1} An appeal lodged must be ~ubmitted to the appeal authortty as indicated in section 4 3 of the Act (2} A.n appeal must be (a) submitted ii"'I writing; and (b) accompanied by (i) a statement setting out the grounds of appeal; {ii) supporting documentaUon which is referred to ir. the appeal and which is not in the possession of the Minister, MEC, Mtnister of Mineral Resources or designated organ of state; (iil) a statement by the appellatit that regulation 60(2} or (3) has Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za STAATSKOERANT. 16 JUNIE 2010 No. 33306 69 been complied with together with copies of the notl ces referred to in that regulation; and (iv) the prescribed appeal fee, rf ar1y. (3} The appeHant must take lnto account any guidelines applicabie to appeals as contemplated in section 24j of the Act. Time within which appeal must be lodged 62. (1) Ari appeal as contemplated ln regulation 61(1), must be submitted within 30 days ~fter the lapsing of the 20 days contemplated in re.guiauon 60( 1 ). (2) The MJnister, MEC, Mjnister of Mineral Resources or designated organ of state, .as the case may be, may, in writing, on good cause extend the perrod within which an appeal must be submitted. Responding statement 63 . { 1 ) A person or organ of state that receives a nohce in terms of regulation 60(2), or an appf icant who receives a notice in terms of regulation 60{3), may submit to the Minister, MEC, Minister of Mineral Resources or des,gnated organ of state, as tile case may be, a responding statement within 30 days from the date the appeal submission was lodged with the Minister, MEC or Minister of Mineral Resources. (2) (a) A person, organ of state or app[icant Who submits a respondlng statement 1n terms of subregulation (1 }. must within 10 days of having submitted the responding statement, serve a copy of the statement on the appellant. (b) If the responding statement introduces any new information not dealt with 1n the appeal submission of the appellant, the appeHant is entitled to subm,t an answering statement to such new information to the Minister, MEC, Minister of Mineral Resources or Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 70 No, :33306 GOVERNMENT GAZETTE. 18 JUNE 2010 designated organ of state, as 1he case may be, withit"l 30 days of being served a copy in accordance with subregulatio:n (2){a}. (c} The appeliant must, within 10 days of having submitted the answering statement, serve a copy of ttie answering statement on the respondent who submltted the new information. (3) The Minister, MEC, Minister of Mineral Resources or designated organ of state, as the case may be, may, in writing, on good cause extend the period within which resPonding statements in terms of subregulation {~) or an appeHanrs answering statement 111 terms of su bregulatlon (2)(b) must be submitted. Processing of appeal 64. (1) Receipt by the Minister, MEC, Minister of Mineral Resources or designated organ of state, as the case may be, of an appeal, responding statement or answering statement must be acknowledged within 1 a days of receipt of the appeal, responding statement or answering statement. (2) An appellant a11d each resporioent is eT1titled to be notified of (a) a direction in terms of section 43(7) of the Act. if the Minister, MEC or delegated organ of state, as the case may be, issues such a direction: and {b) the appofntrnent of an appeal panel in terms of section 43(5) of the Act. if the Minjster, MEC, Minister of Minerat Resources or desfgnated organ of state, as the case may be. appoints an appeal panel for purposes ot the appeaL (3) The Minister, MEC, Minister of Mineral Resources or designated organ of state, as the case may be, may request the appellant or a respondent to submit such additjonal information in connection with Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za STAA.TSKOERANT, 18 JUNIE 2010 No. 33306 71 the appe<'ll as the Minister, MEC or Minister of Mineral Resources may require. Appeal panel 65. (1) If the Minister, MEC or the Minister of Mineral Resources appoints an appeal panel, the Minister, MEC or Minister of Mineral Resources must furnisM the panel with a writteri instruction concerning {a) the issues in respect of which the panel must make recommendations; and {b) the period within which recommendations must b-e submitted to the Minister, MEC or Mirlister of Mineral Resources. (2) A member of an appeal panel must be independent, (3) Ii an appeal panel introduces any new information not dealt with 1n the appeal submission of the appellant or in the statements of the respondents, the appellant, each respondent and the applicant, if that appfic:ant is not the appellant nor a respondent, are entitled to submit to th~ panel. withir1 a period determined by the panel, any additional statements rebuttir,g or supporting such new information . (4) An appeal panel must submit [ts recommendations to the Minister, MEG or Minister of Mineral Resources in writing. Decision on appeal 66. (1) The M ister, MEC, Minister of Mineral Resources or any other competent authority empowered under Chapter 5 of the Act to make a decision ori an appeal. as the case may be, may combine his decision on appeals contemplated in regu,ation 60 where such appeals pertain to the same matter {2} The Minijster, MEC, Minister of Mineral Resources or any other competent authority empowered under Chapter 5 of the Act to make a decision on an appeal, as the case may be, must reach a final Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 72 No. 33:306 GOVERNMENT OA2£TTE, 18 .JUNE. 2010 decision on an appeal or appeals submitted, wlthin 90 days of rece}pt of all relevant information, lncluding any statements, supporting documentatio11, reports or any other additional information requested, or recommendations of an appeal panel which may assist the Minister, MEC, Minister of Mlneral Resources or designated organ of state, as the case may be, in the decision making process. (3) When the Minister, MEC or Minister of Mineral Resources has reached a decision on an appeal, the appellant and each respondent must be notified of the decision within 10 days of the dectsion being reached and of the extent to which the decision appealed against is upheld or overturned in writing. (4) The decision contemplated in subregulation (3) must contain reasons for such decision. CHAPTER 8 GENERAL MATTERS FaHure to comply with requirements for consJderation of applications 67. (1) An application in terms of the$e- Regulations lapses rf the applir..ant, after having submitted the ari-plic:ation fails, for a period of six months, to comply with a requirement in terms of these Regulations. (2) SubregulaUon (1) does not appiy where reasons for failure have been communicated to the com.:;ietent .authority in writing ano accepted by the competent authority, Re-submission of similar applications 68. No applicant may submit an applicat'1on which is substantially similar to a previous appncatron which has been refused. unless (a) the new applrcation contains new or material information not prevrously submitted to the competent authority; or Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za Polity~ a STAATSKOERANT, 18 JUNIE 20l 0 No. J-3300 73 (b) a perlod of three years has elaps~d slnce the refusal. Compliance monitoring 59. {1) If a competent authority reasonably suspects that the person who ho Ids an en vi ronm e nta I authori sa tio n or who has be en grarited an ex.emption in terms of Chapter 5 of these Regulations has contravened or failed to comply wlth a condition of the authorisation or exempt]on, the competent authority may request that person, in writing, to submit an explanation for the alleged contraven1ion or non~oompliance (2) If the competent authority reasonably suspects that the alleged contravention or failure has caused, or may cause, harm to the environment, the competent authority may request the person concerned, in writiJ1g, to submit an environmental audrt report on the harm or suspected harm to the environment or on any specmc matter determined by the competent authority. (3) An explanation and environmental audit report requested in terms of subregujations (1} or (2} mus! be submitted in a form and within a pe hod determ inc d by the competent authority (4) The competent authority may require a pernon contemp1ated in subregulation (1) to appoint an independent person approved by the competent authority to perform the environmental audit. (5) A person contemplated in subregulation (1) is Hable for all costs in cormection with the environmental audtt, including the preparation and submission of the- audit report. {6) if a person contemplated ifl subregulatio11 (2) is requested to submit an envlronmenta! audrt report and fails to submit the report wi1hin the period determ,ned m terms of subregulation (3}. the competent ai.:thorlty may (a) appoint an independent person to peiiorm the audit; and Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za T4 No, 33306 GOVERNMENT GA2ITTE. 1a JUNE 2010 {b) recover tha cost of the audit from ttiat person (7) Subregulations {1) to (6) must be read together with the provrsions of chapter 7 of the Act (8) Every holder of an environmental authorisation must conduct such rnor,(toring and such performance assessment of the approved environmental authorisation and environmental management programme as may be prescribed through conditions of the e nvi ronm e nla I authorisa lion-. Assistance to people with special needs 70. The competent authority processing an application or the Minister or MEC or Minister of Mineral Resources processing an appeal in terms of these Regulations must give reasonable assistance to people with (a) flltteracy; { h} a d[sabiHty; or {c) any other disadvantage who can not but ctestre to, comply with these regulations. Offe-11ces 71, (1) In addition to section 24F of the Act. a person is guilty of an offence if that person• {a) provides incorrect or misleading information in any document submttted in terms of these Regulat,ons to a competent authority: (b) fails to comply with regulation 7(2); (c) fails to comply with a request in terms of regulation 69(2): or {d} commences m continues with ari activity where the environmental authorisation was suspended in terms of regulation 49. (2) A person convicted of an offence in terms of subregulation (1) is llabie to a fine not exceeding R1 million or to imprisonment for a Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za STAATSKOERANT, 18 JUNIE 201 o No. 33306 75 period not exceeding one year, or to both such fine and such imprisonment. CHAPTER 9 TRANSITIONAL ARRANGEMENTS AND COMMENCEMENT Definition 72. In this Chapter '~E.CA., means the Environment Conservarion Act, 1989 (Act No. 73 of 1989); 'WEMA., means the National Envtronmental Management Act, 1998 (Act No. 107 of 1998); ''previous ECA notices" as contemp.ated in tiles.a transitional arrangements. means the previous notices in terms of ECA (Government Notice R 1182 as amended by Government Notice R. 1355 of 17 October 1997. Government Notice R. 448 of 27 March 1998 and Government Notice R. 670 of 10 May 2002): "previous ECA regulanons" as contemplated in these transitional arrangements, means the previous regulations published in terms of sections 26 and 28 of t11e ECA, by Governmen-t Notice R. 1183 of 5 September 199 7; "prevfous NEMA notices" as contemplated ln these transitional arrangements mear.s the previous notices publlshed in terms of section 24(2) of NEMA {Government Notices R. 386 and R. 387 in the Government Gazette of 21 Aprtr 2006); ' 0previous NEMA regulations" es contemplated ln these transitional arrangements means the prevKius Environmental Impact Assessment Regulations in terms NEMA {Government Notice No. R. 385 in the Government Ga:i.ette of 21 April 2006 refer). Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 78 No, 3$306 GOVERNMENT GAZETTE, 18 JUNE 2010 Continuation of things done and authorisations tssued under previous ECA regulations 73. {1) Anything done in terms of the previous ECA regulations and which can be done in terms of ai provision of these Regulations must be regarded as having been done in terms of the provision of these Regulations. {2) Any authorisation issued or exemption granted terms of the previous ECA regulations, must be regarded to be an enviranmental authorisation issued in terms of these Regulations. Pending appHcations and appeals. {ECA} 74. {1) An application submitted in terms of the previous ECA regufations and which is pending when these Regulations take effect, must despjte the repeal of those regulatior.s be dispensed wm, in terms of th.ose previous regulations as if those prevfous regulatior.s were not repHaled. {2) If a situation arises: where activities !isted under the previous ECA Notices that are not fisted simHarly under the current !ists of activities and competent authorities identified in terms of sections 24(2) and 240 of the National Environmental Management Act, 1998 (Act No 107 of 1998} or in terms of the National Environmental Management WaRte Act, 2008 (Act No. 5-9 of 2006) and where a decision on an application submitted under the previows EGA regulations is stHI pending. the competent authority will consider such application to be withdrawn. (3) Where a:n application submitted in terms of the previous ECA regurations rs pending iri relation to an acttvlty of which a component of the same acttvity was not listed under the previous ECA Notices, but is Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za STAATSKOERANT, 18 JUNIE 201 O No, ::)S306 77 now listed in terms o1 section 24(2) of the Act, the competent authorrty must dispense of such application in terms of those previous ECA regulations and may authorise the activity listed rn terms of section 24{2} as if it was applied for, on condition that all impacts of the newly Hsted activEty and requirements of these regulations have also been considered arid adequately assessed by the applicant. (4) An appeal lodged in 1erms of the previous ECA regulations, which is pending when these Regulations take effect must despite the repeal of those previous ECA regulations be disp€nsed with in terms thereof as if those previous ECA reg1.Jlations were noi repealed. Continuation of things done and authorisations issued under previous NEMA regulations 75, { 1} Anything done in terms of the previous NEMA regulahons and whk:h can be done in terms of a provision of these Regulations must be regarded as having been done ln terms of the ~ro\lision of these Regulations. (2) Any authorisation issued in terms of the previous NEMA ReguiaHons must be regarded \o be an environmental authorisatlon issued in terms of these Regulations. (3) Any envlronmentat management programme or environmental management pian approved in terms of the Mineral and Petroleum Resources Development Act or regulations promulgated in terms thereo~ or any old order right approved in tenns of the Minerai& Act, 1991 , prior to any provision reiating to prospecting, mining, reconnaissance, expjoration and production coming into effect in terms of the Act shall b(;! deemed to be approved in terms of tne Act. Pending applications and appeals (NEMA} 76. (1) An appiication submitted in tenns of the previous NEMA regulations and which is pending when these RegulaUons ta-ke effect, Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 78 No.33306 GOVERNMENT GAZETTE, 18 JUNE 2010 must despite the repeal of those regulations be dispensed with in terms of those previous NEMA regujations as if those previous NEMA regulations were not repealed (2) if a situation arises where activities, listed under the previous NEMA Notices, are not listed similarly under the current ltsts of activities and competent authorities identrfied in terms of section 24(2} and 240 of the National Environmental Management Act, 1998 (Act No. 107 of 1998) or in terms of the National Environmental Management Waste Act, 2008 (Act No. 59 of 2008), and where a dedsion on ari application submitted under the previous NEMA regu!a.tions is still pending , the com peter,t authority Vitil I consider such app I ica t ion to be withdrawn, {3} Where an application 5ubmitted rn terms of the previous NEMA regulations, is pending in relation to an activity of which a component of the same activity was not listed under the previous NEMA Notices, but js now listed in terms of section 24(2) of the Act, the competent authority must dispense of such application in t-erms of the previous NEMA regulations and may authorise the activity listed in terms oi section 24(2) as If it was apphed for, on condition that all impacts of the newly lrsted activity and requirements of these regu(ations have also been considered and adequately assessed' by the appltcanL (4) An appeal lodged in terms or the previous NEMA regulations, and which is pending when these Regulations take effect must despit0 the repeal of those previous NEMA regulations b-e ct;spensed with in terms thereof as If those previous NEMA regulations were not repealed. Continuation of regulations regulating authorisations for activities fn certain coasta~ areas 77. These Regulatlons do not affect the i::::ontinued application of the regulattons published in terms of sections 26 and 28 of the Environment Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za STMTSKOERANT, 18 JUNII; 2010 Na. 33306 79 Conservation Act. 1989 {Act No. 73 of 1989), by Government Notice R. 1528 of 27 November 1998. Repeaf of Envirorimental Impact Regulations, 2006 78. The Environmental lmp8ct Assessment Regulations published in Notice No. R. 385, in the Gazette No. 28938 of 21 April 2006 ts hereby repealed. Short title and commencement 79. These Regulations are called the Environmental Impact Assessment Regulations, 2010, and tal<e effect on a date determined by the Minister by notice in the Gazette. Polity~ a