| 2. |
The Department of Forestry, Fisheries and the Environment has developed the Standard for the Development and Expansion of Power Lines and Substations within Identified Geographical Areas Revision 2 June 2022 based on two Strategic Environmental Assessment processes undertaken for the development of Electricity Grid Infrastructure in South Africa. |
| 3. |
The Standard is adopted in terms of section 24(10)(a) of the Act for the purpose of excluding the activities contemplated in paragraph 5.1 and 5.2 of this Schedule from the requirement to obtain environmental authorisation prior to commencement. |
| 4. |
Based on compliance with the provisions of the Standard, and the registration requirements contained in Chapter 1 and 2 of the Standard, the activities as described in paragraphs 5.1 and 5.2 of the Schedule are hereby excluded from the requirement to obtain environmental authorisation in terms of section 24(2)(d) of the Act. |
| 5. |
This exclusion from the requirement to obtain environmental authorisation applies in areas identified by the national web based environmental screening tool as being of medium or low environmental sensitivity and confirmed to be such for identified environmental themes, within the strategic transmission corridors, for the development or expansion of electricity transmission and distribution power line infrastructure and substations, where the development or expansion of such infrastructure triggers— |
and any listed or specified activity in Listing Notice 1, 2 or 3 necessary for the realisation of such infrastructure.
| 6. |
The Standard and the exclusions do not apply in the following instances: |
| 6.1 |
Where any part of the infrastructure occurs on an area for which the environmental sensitivity for any environmental theme is identified as being very high or high by the national web based environmental screening tool and confirmed to be such through the application of the procedures set out in the Standard; or |
| 6.2 |
where the site sensitivity verification for a specific theme identifies that the low or medium sensitivity rating of the national web based environmental screening tool is in fact high or very high; or |
| 6.3 |
where the greater part of the proposed infrastructure falls outside any strategic transmission corridor. |
| 7. |
Where this Standard does not apply, either the requirements of the EIA Regulations or Government Notice No. 113, read with the EIA Regulations, where relevant, apply to the relevant theme for which the very high or high sensitivity has been identified in respect of the portion of the development or expansion which occurs on the area where the environmental sensitivity is confirmed to be very high or high, or to the entire development or expansion where the greater part of the infrastructure falls outside of the strategic transmission corridor. |
| 8. |
Failure to comply with the requirements of the Standard constitutes an offence in terms of section 49A of the Act. |
| 9. |
The provisions of the National Appeal Regulations, 2014, as amended, are applicable to an appeal against any decision taken in terms of this Notice or the Standard. |
| 10. |
An application for environmental authorisation for the activities contained in paragraph 5 of this Government Notice, submitted in terms of the EIA Regulations or Government Notice No. 113, which is pending on the date of coming into effect of the Standard and exclusion contemplated in this Notice, must be finalised in accordance with the procedures of the EIA Regulations or Government Notice No. 113, read with the EIA Regulations, or may be withdrawn. |
| 11. |
An environmental authorisation issued prior to the coming into effect of the Standard and this Notice or as a result of a pending application contemplated in paragraph 9 being finalised, remains valid as if the Standard and exclusion are not in effect. |
| 12. |
The Standard for the Development and Expansion of Power Lines and Substations within Identified Geographical Areas Revision 2 June 2022, can be accessed at https://egis.environment.gov.za/egi or https://gasnetwork.csir.co.za/ or https://www.dffe.gov.za/legislation/guidelines
|
| 13. |
The Strategic Environmental Assessment for Electricity Grid Infrastructure in South Africa (2016) and the Strategic Environmental Assessment for the Expansion of Electricity Grid Infrastructure Corridors in South Africa (2019) can be accessed at https://egi.csir.co.za/ or https://egis.environment.gov.za/egi or https//:gasnetwork.csir.co.za/. |
Older Persons Act, 2006
