COMPULSORY AUDITING: ENVIRONMENTAL AUTHORISATION, EMPr & CLOSURE PLANS

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COMPULSORY AUDITING: ENVIRONMENTAL AUTHORISATION, EMPr & CLOSURE PLANS

Title: Environmental Impact Assessment Regulations, 2014
Government Notice: GN R982 in GG 38282 of 4 December 2014
Date of commencement: 8 December 2014

Regulation 34 of the 2014 EIA Regulations require that an environmental authorisation (including similar authorisations in terms of specific environmental management acts), EMPr and closure plan (where applicable) must be audited by an independent party with the relevant environmental auditing expertise and the environmental audit report must be submitted to the Department of Environmental Affairs.

The frequency of auditing is as indicated in the environmental authorisation. Should no intervals of auditing be indicated, the frequency of the audits may not exceed 5 years.

Within 7 days of the date of submission of an environmental audit report to the competent authority, the holder of an environmental authorisation must notify all potential and registered interested and affected parties of the submission of that report, and make such report immediately available upon request and on a publicly accessible website.

“So what” for my operation?
Compliance of your operation to its existing environmental authorisations has to be externally audited and the results disclosed to the competent authority and the public. If this is not done, this constitutes an offence punishable by a fine of maximum R 5 million (R 10 million for a second offence) or imprisonment of maximum 5 years (10 years for a second offence).

What can Shangoni do for my operation?
As part of Shangoni’s compliance auditing services, the following audits are conducted:
• Environmental Audits on EMPr’s and environmental authorisations in terms of NEMA, 1998
• and MPRDA, 2002;
• Environmental Control Officer (ECO) compliance audits and inspections as per licence
• conditions;
• Water Use Licence compliance audits in terms of the NWA, 1998; and
• GN 704 compliance audits in terms of Government Notice (GN) 704 of 4 June 1999 –
• Regulations on use of water for mining and related activities aimed at the protection of water
resources as per the National Water Act, 1998.

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