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

Regulations

Environmental Impact Assessment Regulations Listing Notice 2 of 2014

Appendix 1
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APPENDIX 1

 

Activity

number

Activity description

Identification of competent authority

1.

The development of facilities or infrastructure for the generation of electricity from a renewable resource where the electricity output is 20 megawatts or more, excluding where such development of facilities or infrastructure is for photovoltaic installations and occurs within an urban area.

The competent authority in respect of the activities listed in this part of the Schedule is the competent authority in the province in which the activity is to be undertaken, unless—

(a) 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; or
(b) the application is a mining application, in which case the competent authority is the Minister responsible for mineral resources;

 

The exception mentioned in (b) above does not apply to the following activities contained in this Notice:

3;

8;

10;

13;

26

27; and

29.

2.

The development and related operation of facilities or infrastructure for the generation of electricity from a non-renewable resource where the electricity output is 20 megawatts or more.

3.

The development and related operation of facilities or infrastructure for nuclear reaction including energy generation, the production, enrichment, processing, reprocessing, storage or disposal of nuclear fuels, radioactive products, nuclear waste or radioactive waste.

4.

The development of facilities or infrastructure, for the storage, or storage and handling of a dangerous good, where such storage occurs in containers with a combined capacity of more than 500 cubic metres.

5.

The development and related operation of facilities or infrastructure for the refining, extraction or processing of gas, oil or petroleum products with an installed capacity of 50 cubic metres or more per day, excluding—

(i) facilities for the refining, extraction or processing of gas from landfill sites; or
(ii) the primary processing of a petroleum resource in which case activity in this Notice applies.

6.

The development of facilities or infrastructure for any process or activity which requires a permit or licence in terms of national or provincial legislation governing the generation or release of emissions, pollution or effluent, excluding—

(i)activities which are identified and included in Listing Notice 1 of 2014;
(ii)activities which are 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 the National Environmental Management: Waste Act, 2008 applies; or
(iii)the development of facilities or infrastructure for the treatment of effluent, wastewater or sewage where such facilities have a daily throughout capacity of 2000 cubic metres of less.

7.

The development and related operation of facilities or infrastructure for the bulk transportation of dangerous goods—

(i) in gas form, outside an industrial complex, using pipelines, exceeding 1000 metres length, with a throughput capacity of more than 700 tons per day;
(ii) in liquid form, outside an industrial complex, using pipelines, exceeding 1000 metres in length, with a throughput capacity of more than 50 cubic metres per day; or
(iii) in solid form, outside an industrial complex, using funiculars or conveyors with a throughput capacity of more than 50 tons day.

8.

The development of—

(i) airports, or
(ii) runways or aircraft landing strips longer than 1,4 kilometres.

9.

The development of facilities or infrastructure for the transmission and distribution of electricity with a capacity of 275 kilovolts or more, outside an urban area or industrial complex.

10.

The development of facilities or infrastructure for marine telecommunication.

11.

The development of facilities or infrastructure for the transfer of 50 000 cubic metres or more water per day, from and to or between any combination of the following—

(i) water catchments;
(ii) water treatment works; or
(iii) impoundments;

 

excluding treatment works where water is to be treated for drinking purposes.

12.

The development of railway lines, stations or shunting yards excluding—

(i) railway lines, shunting yards and railway stations in industrial complexes or zones;
(ii) underground railway lines in a mining area; or
(iii) additional railway lines within the railway line reserve.

13.

The physical alteration of virgin soil to agriculture, or afforestation for the purposes of commercial tree, timber or wood production of 100 hectares or more.

14.

The development and related operation of—

(i) an island;
(ii) anchored platform; or
(iii) any other structure or infrastructure on, below or along the sea bed;

 

excluding—

(a) development of facilities, infrastructure or structures for aquaculture purposes; or
(b) the development of temporary structures or infrastructure where such structures will be removed within 6 weeks of the commencement of development and where indigenous vegetation will not be cleared.

15.

The clearance of an area of 20 hectares or more of indigenous vegetation, excluding where

such clearance of indigenous vegetation is required for—

(i) the undertaking of a linear activity; or
(ii) maintenance purposes undertaken in accordance with a maintenance management plan.

16.

The development of a dam where the highest part of the dam wall, as measured from the outside toe of the wall to the highest part of the wall, is 5 metres or higher or where the highwater mark of the dam covers an area of 10 hectares or more.

17.

Any activity including the operation of that activity which requires a mining right in terms of section 22 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002), as well as any other applicable activity as contained in this Listing Noice, in Listing Notice 1 of 2014 of Listing Notice 3 of 2014, required to exercise the mining right.

18.

Any activity including the operation of that activity which requires an exploration right in terms of section 79 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002), as well as any other applicable activity as contained in this Listing Notice, in Listing Notice 1 of 2014 or in Listing Notice 3 of 2014, required to excericse the exploration right, excluding—

(a) any desktop study;
(b) any arial survey;
(c) any onshore seismic survey which is included in activity 21C in Listing Notice 1 of 2014, in which case that activity applies;
(d) a hydraulic fracturing activity which is included in activity 20A, in which case activity 20A of this Notice applies; and
(e) the processing of a petroleum resource, including the beneficiation or refining of gas, oil or petroleum products, in which case activity 5 of this Notice applies.

19.

The removal and disposal of minerals, which requires a permission in terms of section 20 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002), as well as any other applicable activity as contained in this Listing Notice, in Listing Notice 1 of 2014 or Listing Notice 3 of 2014, required to exercise the permission.

20.

Any activity including the operation of that activity which requires a production right in terms of section 83 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002), as well as any other applicable activity as contained in this Listing Notice, in Listing Notice 1 of 2014 or Listing Notice 3 of 2014, required to exercise the production right.

20A.

Hydraulic fracturing including the operation as well as any other applicable activity as contained in this Listing Notice 1 of 2014 or Listing Notice 3 of 2014, required for hydraulic fracturing and related operation.

21.

Any activity including the operation of that activity associated with the primary processing of a mineral resource including winning, reduction, extraction, classifying, concentrating, crushing, screening and washing but excluding the smelting, beneficiation, refining, calcining or gasification of the mineral resource in which case activity 6 in this Notice applies.

22.

Any activity including the operation of that activity associated with the primary processing of a petroleum resource including winning, extraction, classifying, concentrating, water removal, but excluding the refining of gas, oil or petroleum products in which case activity 5 in this Notice applies.

23.

The reclamation of an island or parts of the sea.

24.

The extraction or removal of peat or peat soils, including the disturbance of vegetation or soils in anticipation of the extraction or removal of peat or peat soils, but excluding where such extraction or removal is for the rehabilitation of wetlands in accordance with a maintenance management plan.

25.

The development and related operation of facilities or infrastructure for the treatment of effluent, wastewater or sewage with a daily throughput capacity of 15000 cubic metres or more.

26.

Development—

(i) in the sea;
(ii) in an estuary;
(iii) within the littoral active zone;
(iv) in front of a development setback; or
(v) if no development setback exists, within a distance of 100 metres inland of the high-water mark of the sea or an estuary, whichever is the greater;

 

in respect of—

(a) facilities associated with the arrival and departure of vessels and the handling of cargo;
(b) piers;
(c) inter- and sub-tidal structures for entrapment of sand;
(d) breakwater structures;
(e) coastal marinas;
(f) coastal harbours or ports;
(g) tunnels; or
(h) underwater channels;

 

but excluding the development of structures within existing ports or harbours that will not increase the development footprint of the port or harbour.

27.

The development of

(i) a national road as defined in section 40 of the South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998);
(ii) a road administered by a provincial authority;
(iii) a road with a reserve wider than 30 metres; or
(iv) a road catering for more than one lane of traffic in both directions;

 

but excluding the development and related operation of a road 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 Government Notice 545 of 2010, in which case activity 24 in Listing Notice 1 of 2014 applies.

28.

Commencing of an activity, which requires an atmospheric emission license in terms of section 21 of the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004), excluding—

(i) activities which are identified and included in Listing Notice 1 of 2014;
(ii) activities which are 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 the National Environmental Management: Waste Act, 2008 applies; or
(iii) the development of facilities or infrastructure for the treatment of effluent, wastewater or sewage where such facilities have a daily throughput capacity of 2000 cubic metres or less.

29.

The expansion and related operation of facilities for nuclear reaction including energy generation, the production, enrichment, processing, reprocessing, storage or disposal of nuclear fuels, radioactive products, nuclear waste or radioactive waste.

[Appendix 1 of Listing Notice 2 of 2014 substituted by section 27(f) of Notice 517, GG44701, dated 11 June 2021]