NATIONAL ENVIRONMENTAL MANAGEMENT ACT 107 OF 1998): WITHDRAWAL OF AMENDMENT TO REGULATION 39(2) OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2014, AS AMENDED, IN GNR 517 PUBLISHED IN GG 44701 OF 11 JUNE 2021
Notice Title: National Environmental Management Act, 107 of 1998 (“NEMA”): Withdrawal of Amendment to Regulation 39(2) of the Environmental Impact Assessment Regulations, 2014, as amended, in GNR 517 published in GG 44701 of 11 June 2021
Government Notice: GN 1816 in GG 45999 on 3 March 2022
Commencing date: with retrospective effect from 11 June 2021
The Minister of Forestry, Fisheries and the Environment (“the Minister”) withdraws, with retrospective effect from 11 June 2021, paragraph 17 of the GNR 517 of 11 June 2021, which amended regulation 39(2) of the Environmental Impact Assessment Regulations, 2014, as amended, and reinstate regulation 39(2) as it was immediately prior to 11 June 2021.
Regulation 39 relates to activities on land owned by person other than proponent. Regulation 39(2) specifically excludes activities constituting, or activities directly related to prospecting or exploration of a mineral and petroleum resource or extraction and primary processing of a mineral or petroleum resource, which exclusion has now been reinstated.
The reason for the withdrawal is due to the fact that the procedural requirements of public participation in terms of sections 44 and 47 of the NEMA were not adequately complied with.
For a copy of the Government Gazette Notice click here.
How to ensure compliance at my operations?
If the proponent is not the owner or person in control of the land on which the activity is to be undertaken, the proponent must, before applying for an environmental authorisation in respect of such activity, obtain the written consent of the landowner or person in control of the land to undertake such activity on that land. This prior written consent from the landowner is however no longer required for activities constituting, or activities directly related to prospecting or exploration of a mineral and petroleum resource or extraction and primary processing of a mineral or petroleum resource.
For more information or assistance please contact Jan Nel at jan@shangoni.co.za.
