National Environmental Management Act: Regulations: Adoption of spatial tools or environmental management instruments (No. R. 542 of 2019)

1, Nomvula Paula Mokonyane, Minister of Environmental Affairs, hereby under section 24(5)(bß), read with section 44(1)(a), of the National Environmental Management Act, 1998 (Act No. 107 of 1998), make the regulations laying down the procedure to be followed for the adoption of spatial tools and environmental management instruments to be used for the purposes of sections 24(2)(c) and (e), in the Schedule hereto. NOMV LA PAULA MOKONYANE MINIST R OF ENVIRONMENTAL AFFAIRS This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 5 APRIL 2019 No. 42380 65 DEPARTMENT OF ENVIRONMENTAL AFFAIRS NO. 542 05 APRIL 2019 542 National Environmental Management Act (107/1998): Regulations laying down the procedure to be followed for the adoption of Spatial Tools or Environmental Management Instruments 42380 2. Purpose of Regulations The purpose of these Regulations is to provide for the process of adoption of spatial tools and environmental management instruments contemplated in section 24(2)(c) and (e) of the Act. Adoption requirements 3. Before adopting a spatial tool or environmental management instrument, the Minister or MEC must ensure that the spatial tool or environmental management instrument indicates the purpose for which it was developed. Notification and consultation requirements 4. (1) The Minister must publish notification of the proposed adoption (a) in the Government Gazette; (b) in a newspaper which is distributed throughout the Republic; (c) where deemed appropriate by the Minister, in a newspaper circulating in the geographical area for which the spatial tool or environmental management instrument was prepared; and (d) make the proposed spatial tool or environmental management instrument publicly available on the website of the Department of Environmental Affairs. (2) The MEC must publish the proposed adoption (a) in the Provincial Gazette; (b) in a newspaper which is distributed throughout theprovince within which or for which the spatial tool or environmental management instrument was prepared; and (c) where deemed appropriate by the MEC, in a regional newspaper circulating in the geographical area for which the spatial tool or environmental management was prepared. (a) an invitation to members of the public to submit comments in connection with the proposed adoption to the official indicated in the notice; (b) notification of a period of at least 30 days to submit comments, the period reckoned from the date of the last publication; and This gazette is also available free online at www.gpwonline.co.za 66 No. 42380 GOVERNMENT GAZETTE, 5 APRIL 2019 6. The Minister or the MEC, as the case may be, must give due consideration to all the comments received before making a decision on the adoption of the proposed spatial tool or environmental management instrument. Notification of adoption 7. Once the Minister or the MEC, in concurrence with the Minister, adopts a spatial tool or environmental management instrument contemplated in section 24(2)(c) or (e) of the Act, notice must be given in the relevant Gazette of the (a) adoption of the spatial tool or environmental management instrument; and (b) availability of the spatial tool or environmental management instrument for public access on the website of the Department of Environmental Affairs and/or the relevant province. . O. . Of - .- . - . - . . . - - - f-. This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 5 APRIL 2019 No. 42380 67