PROPOSED AMENDMENTS TO THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2014

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PROPOSED AMENDMENTS TO THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2014

Notice Title: Consultation on proposed amendments to the Environmental Impact Assessment Regulations, Listing Notice 1, Listing Notice 2 and Listing Notice 3 of the Environmental Impact Assessment Regulations, 2014 for activities identified in terms of section 24(2) and 24D of the National Environmental Management Act, 1998 (Act No. 107 of 1998)
Government Notice: GN 1224 in GG 43904 on 13 November 2020
Commencing date: Proposed amendments for public comment by 13 December 2020

The Minister of Forestry, Fisheries and Environment has under sections 24(2), 24(5) and 44, read with sections 47 of the National Environmental Management Act 107 of 1998 (“NEMA”), published a notice on the proposed amendments to the Environmental Impact Assessments Regulations, 2014 (“EIA Regulations, 2014”) and the associated Listing Notice 1, Listing Notice 2 and Listing Notice 3 of 2014, as amended, as contained in the Schedule to the Government Notice.

The proposed amendments, inter alia, pertain to closure and decommissioning, provide for the environmental auditing of Environmental Management Programmes approved in terms of the Mineral and Petroleum Resources Development Act 28 of 2002 (“MPRDA”) at least every 5 years, to make reference to the Financial Provisioning Regulations and to provide for the regulation of hydraulic fracturing and reclamation.

It is noteworthy to mention that the amendments propose to remove the requirement to obtain an environmental authorisation in terms of NEMA as part of an application for a closure certificate in terms of section 43 of the MPRDA and to require compliance to the Financial Provisioning Regulations as part of the mine closure process.

Amendments to the following activities in Listing Notice 1 are proposed:

  • Amendment of Activity 20 (prospecting rights)
  • Amendment of Activity 21 (mining permits)
  • Insertion of Activity 21 A and 21 B (reconnaissance permissions)
  • Insertion of Activity 21C (exploration rights)
  • Insertion of Activity 21D (section 102 MPRDA amendments)
  • Insertion of Activity 21E (section 106(1) MPRDA exemptions)
  • Insertion of Activity 21F (reclamation of residues)
  • Deletion of Activity 22 (mine closure)
  • Amendment of Activity 26 (developments on rehabilitated land)
  • Amendment of Activity 31 (decommissioning activities)
  • Amendment of Activity 35 of Listing Notice 1 (decommissioning and closure)
  • Insertion of Activity 66 A (expansion of developments on rehabilitated land)
  • Deletion of Activity 67 (phased activities)

Amendments to the following activities in Listing Notice 2 are proposed:

  • Amendment of Activity 17 (Mining Rights)
  • Deletion of Activity 18 (Exploration Rights)
  • Amendment of Activity 19 (Bulk Sampling)
  • Amendment of Activity 20 (Production Rights)
  • Insertion of Activity 20A (Hydraulic fracturing and reclamation)

Members of the public are invited to submit written comments or input within 30 days from the date of the publication of the Government Notice. For a copy of the Government Notice click here

For more information please contact Minnette le Roux at minnette@shangoni.co.za

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