AMENDMENT OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2014

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AMENDMENT OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2014

Title: National Environmental Management Act 107 of 1998 (“NEMA”): Amendment of the Environmental Impact Assessment Regulations, 2014
Government Gazette Notice: GN 599 in GG 43358 of 29 May 2020
Commencing date: 29 May 2020

Regulation 54A was inserted into the Environmental Impact Assessment Regulations, 2014 (as amended) (“the EIA Regulations”) on 7 April 2017. In terms of Regulation 54A the auditing requirements of regulation 34 of the EIA Regulations are applicable to Environmental Management Programmes (“EMPr”) approved in terms of the Mineral and Petroleum Resources Development Act 2002 and environmental authorisations issued in terms of the Environmental Conservation Act 73 of 1989.

On 29 May 2020 the Minister of Environment, Forestry and Fisheries published a notice in terms of section 44 of the NEMA to amend the Regulation 54A of the EIA Regulations as follows:

(a) by the substitution in subregulation (2), for the words “no later than 7 December 2019 and a least every five years thereafter for the period during which such right, permit, Environmental Management Programme or Environmental Management Plan is still in effect” of the words “by a date to be published by Notice in the Government Gazette”; and
(b) by the substitution in subregulation (3), for the words “no later than 7 December 2019 and at least every five years thereafter for the period during which such environmental authorisation is still in effect” of the words “by a date to be published by Notice in the Government Gazette”.

For a copy of the Government Notice click here

How to ensure compliance at my operation:

Companies should continue to conduct environmental audits at the intervals stipulated in the EMPr or EMPr approval letter and environmental authorisation until a date is published by the Minister.

How can Shangoni assist with compliance?

Shangoni’s auditing team can assist your operation with the following compliance audits:

  • External Environmental Audits as required in terms of Regulation 34 of the EIA Regulations;
  • Environmental Control Officer (“ECO”) compliance audits and inspections as per licence conditions;
  • External Water Use Licence Conditions Audits in terms of the National Water Act 36 of 1998;
  • GN 704 compliance audits;
  • External Waste Management Licence Audits in terms of the National Environmental Management: Waste Act 59 of 2008;
  • External Atmospheric Emissions Licence Audits in terms of the National Environmental Management: Air Quality Act 39 of 2004;
  • COVID-19 Compliance Audits;
  • SHE Legal Compliance Audits; and
  • Internal environmental management systems (ISO 14001), occupational health and safety management systems (OHSAS 18001) and risk management systems (ISO 31000) compliance audits.

For more information please contact Ashley Miller at ashley@shangoni.co.za or Minnette le Roux at minnette@shangoni.co.za

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