National Environmental Management Act, 1998 (Act No. 107 of 1998)RegulationsEnvironmental Impact Assessment Regulations, 2014Chapter 4 : Application for Environmental AuthorisationPart 2: Basic Assessment19. Submission of basic assessment report and supporting documents to competent authority |
[Regulation 19 heading substituted by sections 2(a) and 6(a) of Notice No. 517, GG44701, dated 11 June of 2021]
| (1) | Where basic assessment must be applied to an application, the applicant must, within 90 days of receipt of the application by the competent authority, submit to the competent authority— |
| (a) | a basic assessment report, inclusive of specialist reports, an EMPr, a closure plan in the case of a closure activity and where the application is a mining application, the plans, report and calculations contemplated in the Financial Provisioning Regulations, which have been subjected to a public participation process of at least 30 days and which reflects the incorporation of comments received, including any comments of the competent authority; or |
| (b) | a notification in writing that the documents contemplated in subregulation 1(a) will be submitted within 140 days of receipt of the application by the competent authority, as significant changes have been made or significant new information has been added to the documents which changes or information was not contained in the original documents consulted on during the initial public participation process contemplated in subregulation (1)(a) and that the revised documents will be subjected to another public participation process of at least 30 days. |
[Regulation 19(1) substituted by section 6(b) of Notice No. 517, GG44701, dated 11 June of 2021]
| (2) | In the event where subregulation (1)(b) applies, the documents contemplated in subregulation 1(a), which reflects the incorporation of comments received, including any comments of the competent authority, must be submitted to competent authority within 140 days of receipt of the application by the competent authority. |
[Regulation 19(2) substituted by section 6(c) of Notice No. 517, GG44701, dated 11 June of 2021]
| (3) | A basic assessment report must contain the information set out in Appendix 1 to these Regulations or comply with a protocol or minimum information requirements relevant to the application as identified and gazetted by the Minister in a government notice. |
[Regulation 19(3) substituted by section 6(d) of Notice No. 517, GG44701, dated 11 June of 2021]
| (4) | An EMPr must contain the information set out in Appendix 4 to these Regulations or must be a generic EMPr relevant to the application as identified and gazetted by the Minister in a government notice. |
[Regulation 19(4) substituted by section 6(e) of Notice No. 517, GG44701, dated 11 June of 2021]
| (5) | A closure plan is required where the application for an environmental authorisation relates to the closure of a facility. |
[Regulation 19(5) substituted by section 6(f) of Notice No. 517, GG44701, dated 11 June of 2021]
| (6) | A closure plan must contain the information set out in Appendix 5 to these Regulations. |
[Regulation 19(6) substituted by section 6(g) of Notice No. 517, GG44701, dated 11 June of 2021]
| (7) | The content of a closure plan may be combined with the content of an EMPr on condition that the requirements of both Appendices 5 and 4, respectively, are met. |
| (7A) | [Regulation 19(7A) deleted by section 6(h) of Notice No. 517, GG44701, dated 11 June of 2021]. |
| (8) | A specialist report must contain all information set out in Appendix 6 to these Regulations or comply with a protocol or minimum information requirement relevant to the application as identified and gazetted by the Minister in a government notice. |
[Regulation 19(8) substituted by Notice No. 326 of 2017]