REGULATIONS LAYING DOWN THE PROCEDURE TO BE FOLLOWED FOR THE ADOPTION OF SPATIAL TOOLS OR ENVIRONMENTAL MANAGEMENT INSTRUMENTS CONTEMPLATED IN SECTION 24(2)(C) AND (E) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT 107 OF 1998
Title: Regulations laying down the procedure to be followed for the adoption of spatial tools or environmental management instruments contemplated in section 24(2)(c) and (e) of the National Environmental Management Act 107 of 1998
Government Gazette Notice: GN 542 in GG 42380 of 5 April 2019
Commencing date: 5 April 2019
The Minister of Environmental Affairs published the Regulations laying down the procedure to be followed for the adoption of spatial tools and environmental management instruments to be used for the purposes of sections 24(2)(c) and (e) on 5 April 2019.
Section 24(2) of the National Environmental Management Act 107 of 1998 provides that:
The Minister, or an MEC with the concurrence of the Minister, may identify-
(a) activities which may not commence without environmental authorisation from the competent authority;
(b) geographical areas based on environmental attributes, and as specified in spatial development tools adopted in the prescribed manner by the Minister or an MEC, with the concurrence of the Minister, in which specified activities may not commence without an environmental authorisation from the competent authority;
(c) geographical areas based on environmental attributes, and specified in spatial tools or environmental management instruments, adopted in the prescribed manner by the Minister or an MEC, with the concurrence of the Minister, in which specified activities may be excluded from the requirement to obtain an environmental authorisation from the competent authority;
(d) activities contemplated in paragraphs (a) and (b) that may be excluded from the requirement to obtain an environmental authorisation from the competent authority, but that must comply with prescribed norms or standards; or
(e) activities contemplated in paragraphs (a) and (b) that, based on an environmental management instrument adopted in the prescribed manner by the Minister or an MEC, with the concurrence of the Minister, may be excluded from the requirement to obtain an environmental authorisation from the competent authority;
Provided that where an activity falls under the jurisdiction of another Minister or MEC, a decision in respect of paragraphs (a) to (d) must be taken after consultation with such other Minister or MEC.
For a copy of the Government Gazette Notice click here
