INTENTION TO ADOPT GAUTENG PROVINCIAL ENVIRONMENTAL MANAGEMENT FRAMEWORK STANDARDS AND EXCLUSION OF ACTIVITIES
Title: Notice of intention to adopt Gauteng Provincial Environmental Management Framework (GPEMF) Standards and exclusion of activities
Government Gazette Notice: GN 351 in GG 40785 of 13 April 2017
Commencing Date: Not yet specified
The purpose of these Gauteng Provincial Environmental Management Framework (GPEMF) Standards is to provide rules which must be complied with, ensuring governance of the GPEMF Standards, compliance to the principles contained in section 2 of the National Environmental Management Act 107 of 1998 (NEMA) and duty of care, in terms of section 28(1) of NEMA, and to ensure sustainable development within Gauteng Province. These Standards will also negate the need to obtain an environmental authorisation in terms of section 24(2)(d) of NEMA in relation to an excluded activity. The excluded activities are specified in Appendix 1.
The individual or organisation planning to conduct an excluded activity (“the Proponent”) must submit a registration form to the Competent Authority, indicating the intention to register and comply with the relevant GPEMF Standards and declarations set out in Appendix 4. A registration number can then be issued by the Competent Authority. The effect of registration is that the Proponent may commence with any excluded activity or activities within 10 years of receipt of the registration number and must notify the Competent Authority, in writing, 14 days prior to such commencement and such notification must include a date on which it is anticipated that any activity will commence.
Instead of obtaining an environmental authorisation, compliance must be achieved with the environmental management specifications as indicated in Appendix 2 throughout the life cycle of the activity.
Transitional provisions
If these Standards are promulgated and an application for an environmental authorisation for an excluded activity has already been lodged, the Applicant can either withdraw or continue with the application process. Upon withdrawing the application an application for registration in terms of these Standards must be submitted. For environmental authorisations already issued when these Standards are promulgated, and if the Holder of the environmental authorisation can comply with these Standards, the relevant declaration and details as included in Appendix 6 must be submitted. If the Holder of the environmental authorisation cannot comply with these Standards, the environmental authorisation remains valid.
Interested and affected parties are invited to submit, within 30 days of the publication of this notice in the Gazette, written representations or objections to this notice to the address specified in the notice.
So what for my operation?
The provisions of these GPEMF Standards will be applicable to activities excluded from acquiring an environmental authorisation as contemplated in Appendix 1 when undertaken within Zone 1 or Zone 5 of the Gauteng province as identified in terms of the adopted Gauteng Provincial Environmental Management Framework (2014). If your organisation is desirous to conduct an excluded activity, no environmental authorisation has to be obtained.
What is Shangoni’s approach?
Shangoni has a team of highly qualified and diverse individuals specialising in, amongst others, environmental management and legislation. These individuals can assist you in conducting a change impact screening on how these amendments can affect your organisation’s current control mechanisms. For more information, contact Brian Hayes at brian@shangoni.co.za.