National Environmental Management Act, 1998 (Act No. 107 of 1998) Regulations Environmental Impact Assessment Regulations Listing Notice 2 of 2014 2. Definitions

 

 

"associated structures, infrastructure and earthworks"

means any structures, infrastructure or earthworks, including borrow pits, that is necessary for the development and functioning of a facility or activity;

 

"channel"

means an excavated hollow bed for running water or an artificial underwater depression to make a water body navigable in a natural watercourse, river or the sea;

 

"dam"

when used in these Regulations means any barrier dam and any other form of impoundment used for the storage of water;

 

"dangerous goods"

means goods containing any of the substances as contemplated in South African National Standard No. 10234, supplement 2008 1.00: designated "List of classification and labelling of chemicals in accordance with the Globally Harmonized Systems (GHS)" published by Standards South Africa, and where the presence of such goods, regardless of quantity, in a blend or mixture, causes such blend or mixture to have one or more of the characteristics listed in the Hazard Statements in section 4.2.3, namely physical hazards, health hazards or environmental hazards;

 

"development"

means the building, erection, construction or establishment of a facility, structure or infrastructure, including associated earthworks or borrow pits, that is necessary for the undertaking of a listed or specified activity, including any associated post development monitoring, but excludes any modification, alteration or expansion of such a facility, structure or infrastructure, including associated earthworks or borrow pits, and excluding the redevelopment of the same facility in the same location, with the same capacity and footprint;

 

"development footprint"

means any evidence of physical alteration as a result of the undertaking of any activity;

 

"development setback"

means a setback line as defined or adopted by the competent authority;

 

"expansion"

means the modification, extension, alteration or upgrading of a facility, structure or infrastructure at which an activity takes place in such a manner that the capacity of the facility or the footprint of the activity is increased;

 

"Financial Provisioning Regulations"

means the Financial Provisioning Regulations published in terms of section 44(1)(aE), (aF), (aG), (aH) read with sections 24(5)(b)(ix), 24(5)(d), 24N, 24P and 24R of the Act;

[Definition inserted by section 28(a) of Notice 517, GG44701, dated 11 June 2021]

 

"hydraulic fracturing"

means a well stimulation technique in which rock is fractured by a pressurized liquid, which process involves the high-pressure injection of fracturing fluids into a wellbore to create cracks in the deep-rock formations through which natural gas, petroleum, and brine will flow more freely;

[Definition inserted by section 28(a) of Notice 517, GG44701, dated 11 June 2021]

 

"indigenous vegetation"

refers to vegetation consisting of indigenous plant species occurring naturally in an area, regardless the level of alien infestation and where the topsoil has not been lawfully disturbed during the preceding ten years;

 

"industrial complex"

means an area used or zoned for industrial purposes, including bulk storage, manufacturing, processing or packaging purposes;

 

"linear development activities"

include railways, roads, funiculars, pipelines, conveyor belts, cableways, powerlines, fences, runways, aircraft landing strips, and telecommunication lines;

 

"maintenance"

means actions performed to keep a structure or system functioning or in service on the same location, capacity and footprint;

 

"maintenance management plan"

means a management plan for maintenance purposes defined or adopted by the competent authority;

 

"marina"

means a constructed waterway that is normally associated with residential or commercial use and that could include mooring facilities;

 

"Mineral and Petroleum Resources Development Act"

means the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002);

[Definition inserted by section 28(b) of Notice 517, GG44701, dated 11 June 2021]

 

"mining application"

means an application for an environmental authorisation for a permission, right, permit, or consent required in terms of the Mineral and Petroleum Resources Development Act and includes hydraulic facturing and reclamation;

[Definition inserted by section 28(b) of Notice 517, GG44701, dated 11 June 2021]

 

"route determination"

means the process of planning and designing a new route;

 

"the Act"

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

 

"throughput capacity"

means the design capacity or maximum capable capacity of a facility, structures or infrastructure, whichever is the greater;

 

"urban areas"

means areas situated within the urban edge (as defined or adopted by the competent authority), or in instances where no urban edge or boundary has been defined or adopted, it refers to areas situated within the edge of built-up areas;

 

"virgin soil"

means land not cultivated for the preceding 10 years.

 

"watercourse"

means—

a reference to a watercourse includes, where relevant, its bed and banks; and

 

"wetland"

means land which is transitional between terrestrial and aquatic systems where the water table is usually at or near the surface, or the land is periodically covered with shallow water, and which land in normal circumstances supports or would support vegetation typically adapted to life in saturated soil.

 

 

[Regulation 2(3) substituted by section 28(c) of Notice 517, GG44701, dated 11 June 2021]