Regulations > [Repealed] Environmental Impact Assessment Regulations Listing Notice 1 of 2010

APPENDIX 1

Activity

number

Activity description

Identification of competent authority

The construction of facilities or infrastructure for the generation of electricity where:

(i)	the electricity output is more than 10 megawatts but less than 20 megawatts;

(ii)	the output is 10 megawatts or less but the total extent of the facility covers an area in excess of 1 hectare.

The competent authority in respect of the activities listed in this part of the schedule is the environmental authority in the province in which the activity is to be undertaken unless it is an application for an activity contemplated in section 24C(2) of the Act, in which case the competent authority is the Minister or an organ of state with delegated powers in terms of section 42(1) of the Act, as amended.

The construction of facilities or infrastructure for the storage of ore or coal that requires an atmospheric emissions license in terms of the National Environmental Management: Air Quality Act (Act No. 39 of 2004).

The construction of facilities or infrastructure for the slaughter of animals with a product throughput of:

(i)	poultry exceeding 50 poultry per day; or

(ii)	game and red meat exceeding 6 units per day.

The construction of facilities or infrastructure for the concentration of animals for the purpose of commercial production in densities that exceed—

(i)	20 square metres per large stock unit and more than 500 units, per facility;

(ii)	8 square meters per small stock unit and;

(a)	more than 1 000 units per facility excluding pigs where (b) will apply;

(b)	more than 250 pigs per facility excluding piglets that are not yet weaned;

(iii)

30 square metres per crocodile at any level of production, excluding crocodiles younger than 6 months;

(iv)	3 square metre per rabbit and more than 500 rabbits per facility; or

(v)	250 square metres per ostrich or emu and more than 50 ostriches or emus per facility; or 2500 square metres per breeding pair.

The construction of facilities or infrastructure for the concentration of:

(i)	more than 1 000 poultry per facility situated within an urban area, excluding chicks younger than 20 days

(ii)	more than 5 000 poultry per facility situated outside an urban area, excluding chicks younger than 20 days,

The construction of facilities, infrastructure or structures for aquaculture of:

(i)	finfish, crustaceans, reptiles or amphibians where such facility, infrastructure or structures will have a production output exceeding 20 000 kg but less than 200 000 kg per annum (wet weight);

(ii)	molluscs where such facility, infrastructure or structures will have a production output exceeding 30 000 kg but not exceeding 150 000 kg per annum (wet weight);

(iii)

aquatic plants where such facility, infrastructure or structures will have a production output exceeding 60 000 kg but not exceeding 200 000 kg per annum (wet weight);

excluding where the construction of facilities, infrastructure or structures is for purposes of offshore cage culture in which case activity 7 in this Notice will apply.

The construction of facilities, infrastructure or structures for aquaculture of offshore cage culture of finfish, crustaceans, reptiles, amphibians, molluscs and aquatic plants where the facility, infrastructure or structures will have a production output exceeding 50 000kg but not exceeding 100 000 kg per annum (wet weight).

The construction of a hatchery or agri-industrial infrastructure outside industrial complexes where the development footprint covers an area of 2000 square metres or more.

The construction of facilities or-infrastructure exceeding 1 000 metres in length for the bulk transportation of water, sewage or storm water -

(i)	with an internal diameter of 0,36 metres or more; or

(ii)	with a peak throughput of 120 litres per second or more,

excluding where:

(a)	such facilities or infrastructure are for bulk transportation of water, sewage or storm water or storm water drainage inside a road reserve; or

(b)	where such construction will occur within urban areas but further than 32 metres from a watercourse, measured from the edge of the watercourse.

10.

The construction of facilities or infrastructure for the transmission and distribution of electricity—

(i)	outside urban areas or industrial complexes with a capacity of more than 33 but less than 275 kilovolts; or

(ii)	inside urban areas or industrial complexes with a capacity of 275 kilovolts or more.

11.

The construction of:

(i)

canals;

(ii)

channels;

(iii)

bridges;

(iv)

dams;

(v)

weirs;

(vi)	bulk storm water outlet structures;

(vii)

marinas;

(viii)

jetties exceeding 50 square metres in size;

(ix)	slipways exceeding 50 square metres in size;

(x)	buildings exceeding 50 square metres in size; or

(xi)	infrastructure or structures covering 50 square metres or more

where such construction occurs within a watercourse or within 32 metres of a watercourse, measured from the edge of a watercourse, excluding where such construction will occur behind the development setback line.

12.

The construction of facilities or infrastructure for the off-stream storage of water, including dams and reservoirs, with a combined capacity of 50000 cubic metres or more, unless such storage falls within the ambit of activity 19 of Notice 545 of 2010;

13.

The construction of facilities or infrastructure for the storage, or for the storage and handling, of a dangerous good, where such storage occurs in containers with a combined capacity of 80 but not exceeding 500 cubic metres;

14.

The construction of structures in the coastal public property where the development footprint is bigger than 50 square metres, excluding

(i)	the construction of structures within existing ports or harbours that will not increase the development footprint or throughput capacity of the port or harbour;

(ii)	the construction of a port or harbour, in which case activity 24 of Notice 545 of 2010 applies;

(iii)

the construction of temporary structures within the beach zone where such structures will be demolished or disassembled after a period not exceeding 6 weeks.

15.

The construction of facilities for the desalination of sea water with a design capacity to produce more than 100 cubic metres of treated water per day.

16.

Construction or earth moving activities in the sea, an estuary, or within the littoral active zone or a distance of 100 metres inland of the high-water mark of the sea or an estuary, whichever is the greater, in respect of—

(i)	fixed or floating jetties and slipways;

(ii)	tidal pools;

(iii)

embankments;

(iv)	rock revetments or stabilising structures including stabilising walls;

(v)	buildings of 50 square metres or more; or

(vi)	infrastructure covering 50 square metres or more—

but excluding—

(a)	if such construction or earth moving activities will occur behind a development setback line; or

(b)	where such construction or earth moving activities will occur within existing ports or harbours and the construction or earth moving activities will not increase the development footprint or throughput capacity of the port or harbour;

(c)	where such construction or earth moving activities is undertaken for purposes of maintenance of the facilities mentioned in (i)-(vi) above; or

(d)	where such construction or earth moving activities is related to the construction of a port or harbour, in which case activity 24 of Notice 545 of 2010 applies.

17.

The planting of vegetation or placing of any material on dunes and exposed sand surfaces, within the littoral active zone for the purpose of preventing the free movement of sand, erosion or accretion, excluding where the planting of vegetation or placement of material relates to restoration and maintenance of indigenous coastal vegetation or where such planting of vegetation or placing of material will occur behind a development setback line.

18.

The infilling or depositing of any material of more than 5 cubic metres into, or the dredging, excavation, removal or moving of soil, sand, shells, shell grit, pebbles or rock of more than 5 cubic metres from:

(i)	a watercourse;

(ii)

the sea;

(iii)

the seashore;

(iv)	the littoral active zone, an estuary or a distance of 100 metres inland of the high-water mark of the sea or an estuary, whichever distance is the greater—

but excluding where such infilling, depositing, dredging, excavation, removal or moving

(a)	is for maintenance purposes undertaken in accordance with a management plan agreed to by the relevant environmental authority; or

(b)	occurs behind the development setback line.

19.

Any activity which requires a prospecting right or renewal thereof in terms of section 16 and 18 respectively of the Mineral and Petroleum Resources Development Act, 2002(Act No. 28 of 2002).

20.

Any activity requiring a mining permit in terms of section 27 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002) or renewal thereof.

21.

The establishment of cemeteries of 2500 square metres or more in size

22.

The construction of a road, outside urban areas,

(i)	with a reserve wider than 13.5 metres or,

(ii)	where no reserve exists where the road is wider than 8 metres, or

(iii)

for which an environmental authorisation was obtained for the route determination in terms of activity 5 in Government Notice 387 of 2006 or activity 18 in Notice 545 of 2010.

23.

The transformation of undeveloped, vacant or derelict land to—

(i)	residential, retail, commercial, recreational, industrial or institutional use, inside an urban area, and where the total area to be transformed is 5 hectares or more, but less than 20 hectares, or

(ii)	residential, retail, commercial, recreational, industrial or institutional use, outside an urban area and where the total area to be transformed is bigger than 1 hectare but less than 20 hectares; -

except where such transformation takes place—

(i)	for linear activities; or

(ii)	for purposes of agriculture or afforestation, in which case Activity 16 of Notice No. R. 545 applies.

24.

The transformation of land bigger than 1 000 square metres in size, to residential, retail, commercial, industrial or institutional use, where, at the time of the coming into effect of this Schedule or thereafter such land was zoned open space, conservation or had an equivalent zoning.

25.

The release of genetically modified organisms into the environment, where assessment for such release is required by the Genetically Modified Organisms Act, 1997 (Act No. 15 of 1997) or the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004).

26.

Any process or activity identified in terms of section 53(1) of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004).

27.

The decommissioning of existing facilities or infrastructure, for -

(i)	electricity generation with a threshold of more than 10MW;

(ii)	electricity transmission and distribution with a threshold of more than 132kV;

(iii)

nuclear reactors and storage of nuclear fuel;

(iv)	activities, where the facility or the land on which it is located is contaminated;

(v)	storage, or storage and handling, of dangerous goods of more than 80 cubic metres;

but excluding any facilities or infrastructure that commenced under an environmental authorisation issued in terms of the Environmental Impact Assessment Regulations, 2006 made under section 24(5) of the Act and published in Government Notice No. R. 385 of 2006, or Notice No. 543 of 2010.

28.

The expansion of or changes to existing facilities for any process or activity where such expansion or changes to will result in the need for a permit or license in terms of national or provincial legislation governing the release of emissions or pollution, excluding where the facility, process or activity is included in the list of waste management activities published in terms of section 19 of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) in which case that Act will apply.

29.

The expansion of facilities for the generation of electricity where:

(i)	the electricity output will be increased by 10 megawatts or more, excluding where such expansion takes place on the original development footprint; or

(ii)	regardless the increased output of the facility, the development footprint will be expanded by 1 hectare or more;

30.

The expansion of facilities for the slaughter of animals where the daily product throughput will be increased by more than:

(i)	50 poultry or

(ii)	6 units of red meat and game.

31.

The expansion of facilities for the concentration of animals for the purpose of commercial production in densities that will exceed—

(i)	20 square metres per large stock unit, where the expansion will constitute more than 500 additional units;

(ii)	8 square meters per small stock unit, where the expansion will constitute more than:

(a)	1 000 additional units per facility or more excluding pigs where (b) will apply;

(b)	250 additional pigs, excluding piglets that are not yet weaned;

(iii)

30 square metres per crocodile at any level of production where the expansion will constitute an increase in the level of production, excluding crocodiles younger than 6 months;

(iv)	3 square metre per rabbit where the expansion will constitute more than 500 additional rabbits; or

(v)	250 square metres per ostrich or emu where the expansion will constitute more than 50 additional ostriches or emus; and

(vi)	2500 square metres per breeding pair, where the facility will be increased by 2500 square metres or more.

32.

The expansion of facilities for the concentration of poultry, excluding chicks younger than 20 days, where the capacity of the facility will be increased by:

(i)	more than 1 000 poultry where the facility is situated within an urban area; or

(ii)	more than 5 000 poultry per facility situated outside an urban area.

33.

The expansion of facilities, infra-structure or structures for aquaculture of—

(i)	finfish, crustaceans, reptiles or amphibians, where the production output of such facility, infrastructure or structures will be increased by 20 000 kg (wet weight) or more;

(ii)	molluscs where the production output of such facility, infrastructure or structures will be increased by 30 000 (wet weight) or more;

(iii)

aquatic plants where the production output of such facility, infrastructure or structures will be increased by 60 000 kg (wet weight) or more.

34.

The expansion of facilities, infrastructure or structures for aquaculture of offshore cage culture of finfish, crustaceans, reptiles, amphibians, molluscs and aquatic plants where the production output of such facility, infrastructure or structures will be increased by 50 000 kg (wet weight) or more.

35.

The expansion of facilities-for agri-industrial purposes outside industrial complexes, where the development footprint of the facility will be increased by a 1 000 square metres or more, with the exception of hatcheries, where activity 36 in this Notice applies.

36.

The expansion of hatcheries, outside industrial complexes, where the development footprint of the hatchery will be increased by 2000 square metres or more

37.

The expansion of facilities or infrastructure for the bulk transportation of water, sewage or storm water where:

(a)	the facility or infrastructure is expanded by more than 1 000 metres in length; or

(b)	where the throughput capacity of the facility or infrastructure will be increased by 10% or more -

excluding where such expansion:

(i)	relates to transportation of water, sewage or storm water within a road reserve; or

(ii)	where such expansion will occur within urban areas but further than 32 metres from a watercourse, measured from the edge of the watercourse.

38.

The expansion of facilities for the transmission and distribution of electricity where the expanded capacity will exceed 275 kilovolts and the development footprint will increase.

39.

The expansion of—

(i)

canals;

(ii)

channels;

(iii)

bridges;

(iv)

weirs;

(v)	bulk storm water outlet structures;

(vi) marinas;

within a watercourse or within 32 metres of a watercourse, measured from the edge of a watercourse, where such expansion will result in an increased development footprint but excluding where such expansion will occur behind the development setback line.

40.

The expansion of—

(i)	jetties by more than 50 square metres;

(ii)	slipways by more than 50 square metres; or

(iii)

buildings by more than 50 square metres

(iv)	infrastructure by more than 50 square metres

within a watercourse or within 32 metres of a watercourse, measured from the edge of a watercourse, but excluding where such expansion will occur behind the development setback line.

41.

The expansion of facilities or infrastructure for the off-stream storage of water, including dams and reservoirs, where the combined capacity will be increased by 50 000 cubic metres or more.

42.

The expansion of facilities for the storage, or storage and handling, of a dangerous good, where the capacity of such storage facility will be expanded by 80 cubic metres or more.

43.

The expansion of structures in the coastal public property where the development footprint will be increased by more than 50 square metres, excluding such expansions within existing ports or harbours where there would be no increase in the development footprint or throughput capacity of the port or harbour.

44.

The expansion of facilities for the desalination of sea water where the design capacity will be expanded to produce an additional 100 cubic metres or more of treated water per day.

45.

The expansion of facilities in the sea, an estuary, or within the littoral active zone or a distance of 100 metres inland of the high-water mark of the sea or an estuary, whichever is the greater, for—

(i)	fixed or floating jetties and slipways

(ii)	tidal pools;

(iii)

embankments;

(iv)	rock revetments or stabilising structures including stabilising walls;

(v)	buildings by more than 50 square metres;

(vi)	infrastructure by more than 50 square metres;

(vii)

facilities associated with the arrival and departure of vessels and the handling of cargo;

(viii)

piers;

(ix)	inter- and sub-tidal structures for entrapment of sand;

(x) breakwater structures;

(xi)	coastal marinas;

(xii)

coastal harbours or ports;

(xiii)

structures for draining parts of the sea or estuary;

(xiv)

tunnels; or

(xv)	underwater channels—

where such expansion will result in an increase in the development footprint of such facilities but excluding where such expansion occurs:

(a)	behind a development setback line; or

(b)	within existing ports or harbours where there will be no increase in the development footprint or throughput capacity of the port or harbour.

46.

The expansion of cemeteries by an additional 2500 square metres or more.

47.

The widening of a road by more than 6 metres, or the lengthening of a road by more than 1 kilometre—

(i)	where the existing reserve is wider than 13.5 meters; or

(ii)	where no reserve exists, where the existing road is wider than 8 metres

excluding widening or lengthening occurring inside urban areas.

48.

The expansion of facilities for the refining, extraction or processing of gas, oil or petroleum products where the installed capacity of the facility will be increased by 50 cubic metres or more per day, excluding facilities for the refining, extraction or processing of gas from landfill sites.

49.

The expansion of facilities or infrastructure for the bulk transportation of dangerous goods:

(i)	in gas form, outside an industrial complex, by an increased throughput capacity of 700 tons or more per day;

(ii)	in liquid form, outside an industrial complex or zone, by an increased throughput capacity of 50 cubic metres or more per day; or

(iii)

in solid form, outside an industrial complex or zone, by an increased throughput capacity of 50 tons or more per day.

50.

The expansion of airports where the development footprint will be increased.

51.

The expansion of facilities or infrastructure for marine telecommunication where there will be an increased development footprint.

52.

The expansion of facilities or infrastructure for the transfer of water from and to or between any combination of the following:

(i)	water catchments;

(ii)	water treatment works; or

(iii)

impoundments;

where the capacity will be increased by 50 000 cubic metres or more per day, but excluding water treatment works where water is treated for drinking purposes.

53.

The expansion of railway lines, stations or shunting yards where there will be an increased development footprint excluding:

(i)	railway lines, shunting yards and railway stations in industrial complexes or zones;

(ii)	underground railway lines in mines; and

(iii)

additional railway lines within the reserve of an existing railway line.

54.

The expansion of an island, anchored platform or any other permanent structure on or along the sea bed, where the expansion will constitute an increased development footprint.

55.

The expansion of a dam where:

(i)	the highest part of the dam wall, as measured from the outside toe of the wall to the highest part of the wall, was originally 5 metres or higher and where the height of the wall is increased by 2,5 metres or more; or

(ii)	where the high-water mark of the dam will be increased with 10 hectares or more.

56.

Phased activities for all activities listed in this Schedule, which commenced on or after the effective date of this Schedule, where any one phase of the activity may be below a threshold but where a combination of the phases, including expansions or extensions, will exceed a specified threshold; -

excluding the following activities listed in this Schedule:

11 (i)-(vii);

16(i)-(iv);

17;

19;

20;

22(i) & 22(iii);

25;

26;

27(iii) & (iv);

28;

39;

45(i)-(iv) & (vii)-(xv);

50;

51;

53; and

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

Regulations

Environmental Impact Assessment Regulations Listing Notice 1 of 2010

Appendix 1