National Environmental Management Act, 1998 (Act No. 107 of 1998)

Notice No. 4558

27 March 2024

GG 50388

Department of Forestry, Fisheries and the Environment

I, Barbara Dallas Creecy, Minister of Forestry, Fisheries and the Environment, adopt the Norm for the Exclusion of the Development and Expansion of Solar Photovoltaic Facilities in Areas of Low or Medium Environmental Sensitivity, in terms of section 24(10) of the National Environmental Management Act, 1998 (Act No. 107 of 1998) and exclude, in terms of section 24(2)(d) of the National Environmental Management Act, 1998 (Act No. 107 of 1998) activities identified in terms of section 24(2)(a) and (b) of the National Environmental Management Act, 1998 (Act No. 107 of 1998) for the development and expansion of solar photovoltaic facilities, including any associated activity or infrastructure, from the requirement to obtain an environmental authorisation, based on compliance with the Norm.

Section 24(2)(c),(d) and (e) of the National Environmental Management Act, 1998 (Act No. 107 of 1998) provide for the Minister, or MEC in concurrence with the Minister, to identify activities and geographical areas within which identified activities may be excluded from the requirement to obtain an environmental authorisation, while section 24(2)(d) specifically provides the ability to exclude activities based on compliance with prescribed norms or standards, the development of which is provided for in section 24(10) of the National Environmental Management Act, 1998 (Act No. 107 of 1998).

This Norm, entitled "Norm for the Exclusion of the Development and Expansion of Solar Photovoltaic Facilities in Areas of Low or Medium Environmental Sensitivity" has been prepared to provide the rules under which activities for the development and expansion of solar photovoltaic facilities, identified in terms of section 24(2)(a) and (b) of the National Environmental Management Act, 1998 (Act No. 107 of 1998) and contained in the Environmental Impact Assessment Regulations Listing Notice 1, 2 or 3 of 2014, promulgated under section 24(5) of the National Environmental Management Act, 1998 (Act No. 107 of 1998), as well as any listed or specified activities associated with and integral to the realisation of such facility, are excluded from the requirement to obtain an environmental authorisation prior to commencement, while meeting the objectives of the Act.

Over the past ten years, in order to streamline and simplify the environmental impact assessment process, the Department of Forestry, Fisheries and the Environment has undertaken a number of strategic environmental assessments related to energy technologies and grid infrastructure which transmits and distributes the energy generated.  The Information gained and generated from the strategic environmental assessments has allowed for the development of a number of supporting environmental management instruments, which provide guidance and facilitate the exclusion of identified activities from the requirement to obtain an environmental authorisation prior to commencement.  One of the guidance tools developed is the national web based environmental screening took, which provides guidance on environmental sensitivities of a specific geographical location or site related to various identified environmental themes. Environmental sensitivities are rated as "very high", "high", "medium" or "low". In addition to the development of environmental management instruments, in 2022 the sector was professionalised with the requirement for an environmental assessment practitioner needing to be registered by the registration authority appointed by the Minister. The development of this Norm is part of the ongoing initiative to streamline the environmental legislative framework and to gain the benefits of the professionalisation of the environmental sector.

This exclusion will apply only to activities identified in terms of section 24(2)(a) and (b) of the National Environmental Management Act, 1998 (Act No. 107 of 1998), subject to compliance with the Norm for the Exclusion of the Development and Expansion of Solar Photovoltaic Facilities,  as set out in the Schedule while the requirements of any other relevant legislation remain applicable.

A hard copy of any document associated with this Notice may be requested from Ms M Masondo at tel: 012 399 9277,  email: [email protected] or collected at Environment House, 473 Steve Biko Road, Arcadia, Pretoria. The documents can be downloaded from the Department's website at https:/lwww.dffe.gov.za/projectprogrammes/environmental management_instruments and the Government Notice can be downloaded from the Department's website at https://www.dffe. qov.za/leqislation/gazetted notices

Barbara Dallas Creecy

Minister of Forestry, Fisheries and the Environment