DRAFT REGULATIONS: PROCEDURE FOR ADOPTION OF ENVIRONMENTAL MANAGEMENT INSTRUMENTS
Title: Draft Environmental Management Instruments Regulations, 2017
Government Gazette Notice: GN 987 in GG 41114 of 15 September 2017
Commencing date: Not yet specified
The Minister of Environmental Affairs has the authority to make regulations laying down the procedure to be followed for the preparation, evaluation, adoption and review of prescribed environmental management instruments, including:
(i) environmental management frameworks;
(ii) strategic environmental assessments;
(iii) environmental impact assessments;
(iv) environmental management programmes;
(v) environmental risk assessments;
(vi) environmental feasibility assessments;
(vii) norms or standards;
(viii) spatial development tools;
(viiiA) minimum information requirements; or
(ix) any other relevant environmental management instrument that may be developed in time.
The Minister also has the authority to lay down the procedure for the preparation, evaluation and adoption of the instruments referred to above, including criteria or conditions to be included in such instruments.
The Draft Regulations in this Notice propose a procedure for adoption of environmental management instruments. Prior to such adoption, notice must be given in the Government Gazette and comments received must be taken into consideration. The Minister will also have to keep a register of adopted environmental management instruments.
Comments on the contents of this notice must be submitted within 30 days from publication thereof.
So what for my operation?
In terms of section 24O of the National Environmental Management Act 107 of 1998 (NEMA), any adopted environmental management instrument must be taken into consideration by the Licensing Authority when considering an application for an environmental authorisation. Therefore, it is advised that you familiarise yourself with all adopted environmental management instruments and, where relevant, ensure that the contents thereof are incorporated into the documentation supporting your application for an environmental authorisation.
