NATIONAL ENVIRONMENTAL MANAGEMENT ACT 107 OF 1998: THE NATIONAL BIODIVERSITY OFFSET GUIDELINE
Notice Title: National Environmental Management Act 107 of 1998 (“NEMA”): The National Biodiversity Offset Guideline
Government Notice: GN 3569 in GG 48841 on 23 June 2023
Commencing date: 23 June 2023
The Minister of Forestry, Fisheries and the Environment (“the Minister”) published under section 24J of the NEMA the National Biodiversity Offset Guideline, for implementation.
The purpose of this guideline is to indicate when biodiversity offsets are likely to be required as mitigation by any competent authority (“CA”), to lay down basic principles for biodiversity offsetting and to guide offset practice in the environmental authorisation (“EA”) application context.
Biodiversity offsetting is a mitigation measure that is potentially applicable in all EA application processes regardless of the identity of the applicant. This guideline is therefore applicable to EA applications made by private persons or entities, as well as organs of state.
The Guideline is not legally binding and does not replace the EA process outlined in the NEMA or the Environmental Impact Assessment Regulations. It supplements the legislation by guiding the implementation of NEMA and the EIA Regulations in the context of mitigation of impacts on biodiversity and the use of biodiversity offsets. Competent authorities listed in terms of NEMA will be required to consider the Guideline when taking decisions on EA applications.
For a copy of the Government Gazette Notice click here.
How to ensure compliance at my operations?
The guideline is for CAs, environmental assessment practitioners (EAPs), specialists in environmental assessment processes, commenting authorities, statutory conservation authorities, interested and affected parties (I&APs), applicants for EA and financial institutions funding proposed projects that require an EA.
For more information or assistance please contact Jan Nel at jan@shangoni.co.za
