Antarctic Treaties Act, 1996 (Act No. 60 of 1996)RegulationsAntarctic Treaties Regulations, 2021Chapter 2 - Environmental Protection5. Environmental Impact Assessment |
| (1) | A person wishing to carry out any activity in the Antarctic Treaty area for which advanced notice is required in terms of Article 7(5) of the Antarctic Treaty, must follow the prior assessment process set out in Annex 1 to the Protocol to assess the impacts of these activities on the Antarctic environment or any dependent or associated ecosystems, prior to the commencement of such activity. |
| (2) | The assessment procedure in sub-regulation (1) must also be applied to any change in any activity, whether such change arises from an increase or decrease in the intensity of an existing activity, from the addition of an activity, the decommissioning of a facility or otherwise. |
| (3) | Unless an activity contemplated in sub-regulation (1) is required to be subjected to a Comprehensive Environmental Evaluation as provided for in Annex 1 to the Protocol, all such activities must at least undergo an Initial Environmental Evaluation as provided for in Article 2 of Annex I to the Protocol to determine if such activity has a less than minor or transitory impact. |
| (4) | If an Initial Environmental Evaluation as contemplated in sub-regulation (3) determines that a proposed activity is likely to have no more than a minor or transitory impact, the Minister may issue a permit to allow that activity to proceed. |
| (5) | No person may undertake any activity contemplated in sub-regulation (4) except on the authority of a permit issued by the Minister. |
| (6) | If an Initial Environmental Evaluation indicates or it is otherwise determined that a proposed activity is likely to have a more than minor or transitory impact, a Comprehensive Environmental Evaluation must be prepared and processed in terms of Article 3 of Annex 1 to the Protocol. |
| (7) | If after the completion of a Comprehensive Environmental Evaluation, an activity is authorised to proceed in terms of the processes set out in Article 3 of Annex 1 to the Protocol, application for a permit must be made to the Minister before the activity can commence. |
| (8) | The Minister may in respect of any permit issued in terms of this regulation, impose any conditions deemed necessary including— |
| (a) | measures to monitor environmental indicators; |
| (b) | measures to verify and assess the impact of the activity; |
| (c) | the provision of any other information necessary to report on or continuously assess the impact of the activity; and |
| (d) | measures necessary to mitigate the environmental impact of the activity. |