NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 107 OF 1998: CONSULTATION ON THE INTENTION TO EXCLUDE THE DEVELOPMENT AND EXPANSION OF SOLAR PHOTOVOLTAIC FACILITIES FROM THE REQUIREMENT TO OBTAIN AN ENVIRONMENTAL AUTHORIZATION BASED ON THE SOLAR EXCLUSION NORM

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NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 107 OF 1998: CONSULTATION ON THE INTENTION TO EXCLUDE THE DEVELOPMENT AND EXPANSION OF SOLAR PHOTOVOLTAIC FACILITIES FROM THE REQUIREMENT TO OBTAIN AN ENVIRONMENTAL AUTHORIZATION BASED ON THE SOLAR EXCLUSION NORM

Notice Title: National Environmental Management Act, 107 of 1998 (“NEMA”): Consultation on the intention to exclude the development and expansion of solar photovoltaic facilities from the requirement to obtain an environmental authorization based on the solar exclusion norm

Government Notice: GN 3286 in GG 48425 on 14 April 2023

Commencing date: Comments to be submitted by 15 May 2023

The Minister of Forestry, Fisheries, and the Environment (“the Minister”), intends to exclude the development and expansion of solar photovoltaic facilities, including any associated activity or infrastructure, from the requirement to obtain environmental authorisation.

The Norm, entitled “Norm for the Exclusion of the Development and Expansion of Solar Photovoltaic Facilities in Areas of Low or Medium Environmental Sensitivities” (“the Norm”) has been prepared to provide the rules under which the development and expansion of solar photovoltaic facilities identified in terms of the Environmental Impact Assessment Regulations, 2014, as well as any listed or specified activities associated with and integral to the realisation of such facility may be excluded from the requirement to obtain an environmental authorisation prior to commencement, while meeting the objectives of the NEMA.

The Department of Forestry, Fisheries, and the Environment developed a screening tool to identify environmental sensitivities of a specific geographical location or site related to various identified environmental themes. The environmental sensitivities related to “medium” or “low” for specific environmental themes are applicable to the Norm.

Members of the public are invited to submit written comments and inputs on or before 15 May 2023. For a copy of the Government Gazette Notice click here.

For more information or assistance please contact Jan Nel at jan@shangoni.co.za

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