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Table of Contents
National Environmental Management Act, 1998 (Act No. 107 of 1998)
Notice No. 1540 of 1998
Act
Preamble
1. Definitions
Chapter 1 : National Environmental Management Principles
2. Principles
Chapter 2 : Institutions
Part 1 : National Environmental Advisory Forum
3. [Repealed] Establishment, Objects and Functions of National Environmental Advisory Forum
3A. Establishment of fora or advisory committees
4. [Repealed] Composition
5. [Repealed] Conditions of Appointment to Forum
6. [Repealed] Functioning of Forum
Part 2 : [Repealed] Committee for Environmental Co-ordination
7. [Repealed] Establishment, Objects and Functions of Committee
8. [Repealed] Composition of Committee
9. [Repealed] Meetings of Committee, Subcommittees and Working Groups
10. [Repealed] Report of Committee
Chapter 3 : Procedures for Co-Operative Governance
11. Environmental Implementation Plans and Management Plans
12. Purpose and Objects of Environmental Implementation and Management Plans
13. Content of Environmental Implementation Plans
14. Content of Environmental Management Plans
15. Submission, Scrutiny and Adoption of Environmental Implementation and Management Plans
16. Compliance with Environmental Implementation Plans and Environmental Management Plans
16A. Environment outlook report
Chapter 4 : Fair Decision-Making and Conflict Management
17. Reference to Conciliation
18. Conciliation
19. Arbitration
20. Investigation
21. Appointment of Panel and Remuneration
22. Relevant Considerations, Report and Designated Officer
Chapter 5 : Integrated Environmental Management
23. General Objectives
23A. Mainstreaming environmental management
24. Environmental authorisations
24A. Procedure for listing activity or area
24B. Procedure for delisting of activities or areas
24C. Procedure for identifying competent authority
24D. Publication of list
24E. Minimum conditions attached to environmental authorisations
24F. Prohibitions relating to commencement or continuation of listed activities
24G. Consequences of unlawful commencement of activity
24H. Registration authorities
24I. Appointment of external specialist to review assessment
24J. Implementation guidelines
24K. Consultation between competent authorities and consideration of legislative compliance requirements of other organs of state having jurisdiction
24L. Alignment of environmental authorisations
24M. Exemptions from application of certain provisions
24N. Environmental management programme
24O. Criteria to be taken into account by competent authorities when considering applications and consultation requirements
24P. Financial provision for remediation of environmental damage
24PA. Financial provision for mining
24Q. Monitoring and performance assessment
24R. Mine closure on environmental authorisation
24S. [Repealed] Management of residue stockpiles and residue deposits
Chapter 6 : International Obligations and Agreements
25. Incorporation of International Environmental Instruments
26. Reports
27. Application
Chapter 7 : Compliance, Enforcement and Protection
Part 1 : Environmental Hazards, access to information and protection of whistleblowers
28. Duty of Care and Remediation of Environmental Damage
29. Protection of Workers Refusing to do Environmentally Hazardous Work
30. Control of Incidents
30A. Emergency situations
31. Access to Environmental Information and Protection of Whistle-Blowers
Part 2 : Application and enforcement of Act and any specific environmental management Act
31A. Application
31B. Designation of environmental management inspectors by Minister
31BA. Designation of environmental management inspectors by Minister responsible for water affairs
31BB. Designation of environmental mineral resouces inspectors by Minister responsible for mineral resources
31C. Designation of environmental management inspectors by MEC
31D. Mandates
31E. Prescribed standards
31F. Proof of designation
31G. Functions of inspectors
31H. General powers
31I. Seizure of items
31J. Powers to stop, enter and search vehicles, vessels and aircraft
31K. Routine inspections
31L. Power to issue compliance notices
31M. Objections to compliance notice
31N. Failure to comply with compliance notice
31O. Powers of South African Police Service members
31P. Duty to produce documents
31Q. Confidentiality
Part 3 : Judicial Matters
32. Legal Standing to Enforce Environmental Laws
33. Private Prosecution
34. Criminal Proceedings
34A. [Repealed] Offences relating to environmental management inspectors
34B. Award of part of fine recovered to informant
34C. Cancellation of permits
34D. Forfeiture of items
34E. Treatment of seized live specimens
34F. Security for release of vehicles, vessels or aircraft
34G. Admission of guilt fines
34H. Jurisdiction
Chapter 8 : Environmental Management Co-Operation Agreements
35. Conclusion of Agreements
Chapter 9 : Administration of Act and Specific Environmental Management Acts
36. Expropriation
37. Reservation
38. Intervention in Litigation
39. Agreements
39A. Prohibition of certain products
40. Appointment of Employees on Contract
41. Assignment of Powers
42. Delegation of powers and duties by Minister and Director-General
42A. Delegation of powers by MEC
42B. Delegation by Minister responsible for mineral resources
42C. Delegation of powers and duties by Minister responsible for water affairs
42D. Delegation of powers and duties by municipal manager
43. Appeals
44. Regulations in General
45. Regulations for Management Co-operation Agreements
46. Model Environmental Management Bylaws
47. Procedure for Making Regulations
47A. Regulations, legal documents and steps valid under certain circumstances
47B. Consultation
47C. Extension of time periods
47CA. Extension of time periods applicable to appeals relating to prospecting, exploration, mining or production
47CB. Condonation of time periods applicable to appeals relating to prospecting, exploration, mining or production
47D. Delivery of documents
Chapter 10 : General and Transitional Provisions
48. [Repealed] State Bound
49. Limitation of Liability
49A. Offences
49B. Penalties
50. Repeal of Laws
50A. Future amendments in respect of environmental matters...
51. Savings
52. Short Title
53. Commencement
Schedules
Schedule 1 : Section 11(1)
Schedule 2 : Section 11(2)
Schedule 3 : Section 34
Part (a): National Legislation
Part (b): Provincial Legislation
Regulations
Identification of Environmental Management Inspectors
Notice No. R. 619 of 2005
1. Definitions
2. Identity cards
Establishment of a Designated National Authority for the Clean Development Mechanism
Notice No. R. 721 of 2005
1. Definitions
2. Designation of the DNA
3. Duties of the DNA
4. Establishment of a Steering Committee for DNA
5. Duties of the Steering Committee for the DNA
6. Evaluation and approval procedure
7. Letter of Approval
8. Appeals
9. Financing of the DNA
Regulations in Terms of Chapter 5 of the National Environmental Management Act, 1998
Notice No. R. 385 of 2006
Chapter 1 : Interpretation and purpose of these regulations
1. Interpretation
2. Purpose of these Regulations
Chapter 2 : Competent Authorities
3. Identification of competent authorities
4. Where to submit applications
5. Assistance by competent authorities to applicants
6. Consultation between competent authorities and other organs of state having jurisdiction
7. Competent authorities' right of access to information
8. Criteria to be taken into account by competent authorities when considering applications
9. Timeframes for competent authorities
10. Decision on applications by competent authorities
11. Registry of applications and record of decisions
12. Liability of competent authorities as to costs of applications
Chapter 3 : Applications for Environmental Authorisations
Part 1 : General matters
13. Applications
14. Checking of applications for compliance with formal requirements
15. Combination of applications
16. Activities on land owned by person other than applicant
17. Appointment of EAPs to manage applications
18. General requirements for EAPs
19. Disqualification of EAPs
20. Determination of assessment process applicable to application
21. Criteria for determining whether basic assessment or scoping is to be applied to applications
Part 2 : Applications subject to basic assessment
22. Steps to be taken before submission of application
23. Content of basic assessment reports
24. Submission of application to competent authority
25. Consideration of applications
26. Decision on applications
Part 3 : Applications subject to scoping and environmental impact assessment
27. Submission of application to competent authority
28. Steps to be taken after submission of application
29. Content of scoping reports
30. Submission of scoping reports to competent authority
31. Consideration of scoping reports
32. Environmental impact assessment reports
33. Specialist reports and reports on specialised processes
34. Content of draft environmental management plans
35. Consideration of environmental impact assessment reports
36. Decision on applications
Part 4 : Environmental authorisations
37. Issue of environmental authorisations
38. Contents of environmental authorisations
Chapter 4 : Amendment and Withdrawal of Environmental Authorisations
39. General
Part 1 : Amendments on application by holders of environmental authorizations
40. Applications for amendment
41. Submission of applications for amendment
42. Consideration of applications
43. Decision on applications
Part 2 : Amendments on initiative of competent authority
44. Purposes for which competent authority may amend environmental authorisations
45. Process
46. Decision
Part 3 : Withdrawal of environmental authorisations
47. Circumstances in which withdrawals are permissible
48. Withdrawal proceedings
49. Suspension of environmental authorisations
50. Decision
Chapter 5 : Exemptions from Provisions of these Regulations
51. Applications for exemptions
52. Submission of applications
53. Consideration of applications
54. Decision on applications
55. Review of exemptions
Chapter 6 : Public Participation Processes
56. Public participation process
57. Register of interested and affected parties
58. Registered interested and affected parties entitled to comment on submission.
59. Comments of interested and affected parties to be recorded in reports submitted to competent authority
Chapter 7 : Appeals
60. Application of this Chapter
61. Jurisdiction of Minister and MEC to decide appeals
62. Notices of intention to appeal
63. Submission of appeals
64. Time within which appeals must be lodged
65. Responding statements
66. Processing of appeals
67. Appeal panels
68. Decision on appeals
Chapter 8 : General Matters affecting Applications and Appeals
Part 1 : Environmental management frameworks
69. Purpose of this Part
70. Draft environmental management frameworks
71. Contents
72. Adoption
Part 2 : National and provincial guidelines
73. National guidelines
74. Provincial guidelines
75. Legal status of guidelines
76. Draft guidelines to be published for public comment
Part 3 : Other matters
77. Failure to comply with requirements for consideration of applications and appeals
78. Resubmission of similar applications
79. Compliance monitoring
80. Assistance to people with special needs
81. Offences
Chapter 9 : Transitional Arrangements and Commencement
82. Definition
83. Continuation of things done and authorisations issued under previous regulations
84. Pending applications and appeals
85. Existing policies and guidelines
86. Continuation of regulations regulating authorisations for activities in certain coastal areas
87. Short title and commencement
Sections 24 and 24D of the Act
List of Activities and Competent Authorities identified in terms of sections 24 and 24D of the National Environmental Management Act, 1998
Notice No. R. 386 of 2006
1. Definitions
Schedule
Sections 24 and 24O of the Act
List of Activities and Competent Authorities identified in terms of Sections 24 and 24O of the National Environmental Management Act, 1998
Notice No. R. 387 of 2006
Definitions
Schedule
Qualification Criteria, Training and Identification of, and Forms to be used by, Environmental Management Inspectors
Notice No. R. 494 of 2006
1. Definitions
2. Qualification criteria and training for environmental management inspectors
3. Mandates
4. Issue of identity cards
5. Contents and period of validity of identity cards
6. Duties of Department
7. Format of section 31H(1)(b) written notices
8. Section 31L compliance notices
Annexures
Annexure 1
Annexure 2
Annexure 3
Environmental Management Framework Regulations, 2010
Notice No. R. 547 of 2010
1. Interpretation
2. Purpose of Regulations
3. Development of environmental management frameworks
4. Content of environmental management frameworks
5. Adoption and consideration
6. Short title and commencement
[Repealed] Environmental Impact Assessment Regulations Listing Notice 1 of 2010
Notice No. R. 544 of 2010
1. Purpose
2. Definitions
3. Identified Activities and Competent Authorities
4. Repeal of Notice 386 of 21 April 2006
5. Short title and commencement
Appendix 1
[Repealed] Environmental Impact Assessment Regulations Listing Notice 2 of 2010
Notice No. R. 545 of 2010
1. Purpose
2. Definitions
3. Identified Activities and Competent Authorities
4. Repeal of Notice 387 dated 21 April 2006
5. Short title and commencement
Appendix 1
[Repealed] Environmental Impact Assessment Regulations Listing Notice 3 of 2010
Notice No. R. 546 of 2010
1. Purpose
2. Definitions
3.
4. Short title and commencement
Appendix 1
Environmental Impact Assessment Regulations, 2014
Notice No. R. 982 of 2014
Chapter 1 : Interpretation and Purpose of Regulations
1. Interpretation
2. Purpose of Regulations
Chapter 2 : Timeframes
3. Timeframes
4. Notification of decision on application
Chapter 3 : General Requirements for Applications
5. General
6. Where to submit application
Part 1: Duties of competent authority
7. Consultation between competent authority and organs of state administering a law relating to a matter affecting the environment
8. Guidance by competent authority to proponent or applicant
9. Format of forms
Part 2: Duties of proponents and applicants
10. Competent authorities' right of access to information
11. Combination of applications
12. Appointment of EAPs and specialists
13. General requirements for EAPs and specialists
14. Disqualification of EAPs and specialists
15. Determination of assessment process applicable to application
Chapter 4 : Application for Environmental Authorisation
Part 1: General
16. General application requirements
17. Checking of application for compliance with formal requirements
18. Criteria to be taken into account by competent authorities when considering applications
Part 2: Basic Assessment
19. Submission of basic assessment report and supporting documents to competent authority
20. Decision on basic assessment application
Part 3: S&EIR
21. Submission of scoping report to competent authority
22. Consideration of scoping report
23. Submission and consideration of environmental impact assessment report and supporting documents to competent authority
24. Decision on S&EIR application
Part 4: Environmental authorisation
25. Issue of environmental authorisation
26. Content of environmental authorisation
Chapter 5 : Amendment, Suspension, Withdrawal and Auditing of Compliance with Environmental Authorisation, Environmental Management Programme or Closure Plan
27. General
28. Application for amendment
Part 1: Amendments where no change in scope or a change of ownership occur
29. Amendments to be applied for in terms of Part 1
Part 2: Amendment where a change in scope occurs
30. Process and consideration of application for amendment and decision
31. Amendments to be applied for in terms of Part 2
32. Process and consideration of application for amendment
33. Decision on amendment application
Part 3: Auditing and amendment of environmental authorisation, environment management programme and closure plan
34. Auditing of compliance with environmental authorisation, environment management programme and closure plan
35. Amendment of environmental management programme or closure plan as a result of an audit
Part 4: Other amendments of environmental management programme or closure plan
36. Other amendments of environmental management or closure plan
37. Amendment of environmental management programme or closure plan on application by holder of environmental authorisation
Part 5: Suspension and withdrawal of environmental authorisation
38. Suspension and withdrawal of environmental authorisation
Chapter 6 : Public Participation
39. Activity on land owned by person other than proponent
40. Purpose of public participation
41. Public participation process
42. Register of interested and affected parties
43. Registered interested and affected parties entitled to comment on reports and plans
44. Comments of interested and affected parties to be recorded in reports submitted to competent authority
Chapter 7 : General Matters
45. Failure to comply with requirements for consideration of applications
46. Resubmission of similar applications
47. Assistance to people with special needs
48. Offences
Chapter 8 : Transitional Arrangements and Commencement
49. Definitions
50. Continuation of actions undertaken and authorisations issued under previous ECA regulations
51. Pending applications (ECA)
52. Continuation of actions undertaken and authorisations issued under previous NEMA regulations
53. Pending applications and appeals (NEMA)
54. Pending applications (MPRDA)
54A. Transitional provisions
55. Continuation of regulations regulating authorisations for activities in certain coastal areas
56. Repeal of Environmental Impact Assessment Regulations, 2010
57. Short title and commencement
Appendices
Appendix 1
Appendix 2
Appendix 3
Appendix 4
Appendix 5
Appendix 6
Appendix 7
Environmental Impact Assessment Regulations Listing Notice 1 of 2014
Notice No. R. 983 of 2014
1. Purpose
2. Definitions
3. Identified Activities and Competent Authorities
4. Repeal of Notice 544 of 18 June 2010
5. Short title
Appendix 1
Environmental Impact Assessment Regulations Listing Notice 2 of 2014
Notice No. R. 984 of 2014
1. Purpose
2. Definitions
3. Identified Activities and Competent Authorities
4. Repeal of Notice 545 dated 18 June 2010
5. Short title
Appendix 1
Environmental Impact Assessment Regulations Listing Notice 3 of 2014
Notice No. R. 985 of 2014
1. Purpose
2. Definitions
3. Identified Acivities and Competent Authorities
4. Repeal of Notice 546 of 18 June 2010
5. Short title
Appendix 1
National Appeal Regulations, 2014
Notice No. R. 993 of 2014
Chapter 1 : Interpretation and Purpose of Regulations
1. Interpretation
2. Purpose of Regulations
3. Application of Regulations
Chapter 2 : Administration and Processing of Appeals
4. Appeal submission
5. Responding statement
6. Appeal panel
7. Recommendations and decisions on appeals
8. Communication
Chapter 3 : General Matters
9. Repeal of regulations
10. Transitional arrangements
11. Short title and commencement
Annexure 1
National Exemption Regulations, 2014
Notice No. R. 994 of 2014
1. Interpretation
2. Purpose of Regulations
3. Application for exemption
4. Submission of application
5. Consideration of application
6. Decision on application
7. Review of exemption
8. Repeal of regulations
9. Transitional arrangements
10. Short title and commencement
Annexure 1
Financial Provisioning Regulations, 2015
Notice No. R. 1147 of 2015
Chapter 1 : Definitions and Purpose of the Regulations
1. Definitions
2. Purpose of Regulations
3. Application of Regulations
Chapter 2 : Financial Provision
4. Determination of financial provision
5. Scope of financial provision
6. Method for determining financial provision
7. Availability of financial provision
8. Financial vehicles used for financial provision
9. General requirements for financial provision
10. Determination of financial provision by applicant
11. Review, assessment and adjustment of financial provision by the holder of a right or permit
12. Preparation and submission of plans and reports
13. Responsibility of holder of a right or permit
14. Powers of Minister responsible for mineral resources
15. Timeframes for acknowledgement and consideration of plans and reports related to financial provision
Chapter 3 : Care And Maintenance
16. Care and Maintenance
Chapter 4 : Transitional Arrangements
17. Transitional arrangements
17A. Extension of transitional period for holders of offshore exploration and production rights
17A. Extension of transitional period for holders of offshore exploration or production rights
17B. Extension of transitional period
Appendices
Appendix 1
Appendix 2
Deed of Trust
1. Definitions
2. Recordal
3. The Trust and its Objects
4. Donation
5. Administration of the Trust
6. Resignation of Trustees
7. Chairman and Voting
8. Secretary
9. Meetings and Quorum
10. Trustees’ Liability
11. Security by the Trustees
12. Trustees’ Powers
13. Trust’s Books of Account and Accounting Procedures
14. Cost of Compliance with the Statutory Obligations and Contributions to the Trust
15. Compliance with the Statutory Obligations
16. Cessation of Mining Activities and Shortfall
17. Termination of the Trust
18. Variation of this Deed
Appendix 3
1. Minimum Content of an Annual Rehabilitation Plan
2. Objective of the annual rehabilitation plan
3. Content of the annual rehabilitation plan
Appendix 4
1. Minimum Content of a Final Rehabilitation, Decommissioning and Mine Closure Plan
2. Objective of the final rehabilitation, decommissioning and mine closure plan
3. Content of the final rehabilitation, decommissioning and mine closure plan
Appendix 5
1. Minimum Content of an Environmental Risk Assessment Report
2. Objective of the environmental risk assessment report
3. Content of the environmental risk assessment report
Appendix 6
1. Care and Maintenance Plan
2. Content of a care and maintenance plan
Chapter 5 : General Matters
18. Offences
19. Penalties
20. Short title and commencement
Section 24H Registration Authority Regulations, 2016
Notice No. 849 of 2016
Chapter 1 : Interpretation, Purpose and Application of these Regulations
1. Interpretation
2. Purpose of Regulations
2A. Application of these Regulations
Chapter 2 : Application for Appointment as Registration Authority
3. Application for appointment as registration authority and content of application
4. Consideration of application and appointment of a registration authority
5. Termination of appointment of an associaiton as a registration authority
Chapter 3 : Minimum Requirements of Registration Authority
6. Objectives and responsibilities of a registration authority
7. Functioning of a registration authority
8. Register of environmental assessment practitioners
9. Levying of Fees
10. Professional Conduct
11. Disciplinary procedures
12. Appeal procedures
13. Foreign qualifications
Chapter 4 : Registration of Environmental Assessment Practitioners
14. Requirement to register as environmental assessment practitioner
15. Categories of registration and minimum criteria for registration as environmental assessment practitioner or candidate environmental assessment practitioner
16. Procedure for registration
17. Procedure for renewal of registration
18. Termination of registration
19. Appeal procedure
Chapter 5 : General Matters, Transitional Arrangements and Commencement
20. Offences and penalties
21. Transitional provisions
22. Short title and commencement
Explanatory Memorandum : Regulation 22(2)
Regulations relating to Qualification Criteria, Training and Identification of, and Forms to be used by, Environmental Management Inspectors and Environmental Mineral Resource Inspectors
Notice No. R. 480 of 2017
1. Definitions
2. Qualification criteria and training for inspectors
3. Mandates
4. Issue of identity cards
5. Contents and period of validity of identity cards
6. Duties of the disignating authority
7. Format of section 31H(1)(b) written notices
8. Section 31L compliance notices
9. Transitional Arrangements
10. Repeal
Annexures
Annexure 1
Annexure 2
Annexure 3
Section 24G Fine Regulations
Notice No. R. 698 of 2017
1. Definitions
2. Purpose of Regulations
3. Fine committee
4. Factors to be taken into account
5. Representatives
6. Determination of fine
7. Mandatory record keeping
8. Register of interested and affected parties
9. Repeat Contraveners
10. Offences and Penalties
11. Consolidation applications
12. Commencement and short title
13. Transitional provisions
Annexure A to the Section 24G Application Form
Section A : Directive
Section B : Deferral
Section C : Quantum of the Section 24G Fine
Section D : Preliminary Advertisement
Regulations laying down the procedure to be followed for the adoption Environmental Management Instruments
Notice No. 542 of 2019
1. Definitions
2. Purpose of Regulations
3. Adoption requirements
4. Notification and consultation requirements
5. Content of the notice
6. Consideration of comment
7. Notification of adoption
8. Record keeping requirement
9. Commencement
Regulations to Phase-Out the use of Persistent Organic Pollutants, 2019
Notice No. 1150 of 2019
Chapter 1 : Definitions, Purpose and Application of the Regulations
1. Definitions
2. Purpose and Application of the Regulations
Chapter 2 : General Prohibitions, Phase-Out Time Frames, Notification and Phase-Out Plans
3. General Prohibitions
4. Phase-Out Time Frames
5. Notification
6. Phase-Out Plans
Chapter 3 : Reporting
7. Reporting
Chapter 4 : General Matters
8. Offences and Penalties
9. Short Title and Commencement
[Repealed] Regulations to domesticate the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in International Trade, 2021
Notice No. 413 of 2021
Chapter 1 : Definitions, Purpose and Application of the Regulations
1. Definitions
2. Purpose and Application of the Regulations
Chapter 2 : General Prohibitions
3. General Prohibitions
Chapter 3 : Process for the Notification for the Import, Export or Transit of Chemicals listed in Annexure 1 to these Regulations
4. Process for the notification of the import of chemicals listed in Annexure I
5. Process for the notification of the export of chemicals listed in Annexure I
6. Process for the notification of the transit of chemicals listed in Annexure I
Chapter 4 : Decision of the Designated National Authority
7. Decision of the Designated National Authority
Chapter 5 : Reporting and Record Keeping
8. Records of chemicals listed in Annexure I imported or exported
9. Reporting or submission of information
Chapter 6 : General Matters
10. Offences
11. Penalties
12. Title and Commencement
Annexures
Annexure I : List of chemicals controlled under these Regulations
Annexure II : Form for Rotterdam Convention export notification
Annexure III : Form for acknowleding receipt of export notification
Regulations Prohibiting the Production, Distribution, Import, Export, Sale and Use of Persistent Organic Pollutants that are listed by the Stockholm Convention on Persistent Organic Pollutants, 2021
Notice No. 414 of 2021
Chapter 1 : Definitions, Purpose and Application of the Regulations
1. Definitions
2. Purpose and Application of the Regulations
Chapter 2 : General Prohibitions
3. General Prohibitions
Chapter 3 : General Matters
4. Offences and Penalties
5. Transitional Provision
6. Short Title and Commencement
Suspension of the Implementation of the Regulations to Domesticate the Requirements of the Rotterdam Convention on the Prior Informed Consent Procedure for certain Hazardous Chemicals and Pesticides in International Trade, for a period of 12 months
Notice No. 1513 of 2021
Extension of the Suspension of the Implementation of the Regulations to Domesticate the Requirements of the Rotterdam Convention on the Prior Informed Consent Procedure for certain Hazardous Chemicals and Pesticides in International Trade, by a further 12
Notice No. 2757 of 2022
Regulations to domesticate the requirements of the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade, 2023 - effective 1 July 2023
Notice No. R. 3072 of 2023
Chapter 1 : Definitions, Application, Scope and Purpose of the Regulations
1. Definitions
2. Application, Scope and Purpose of the Regulations
Chapter 2 : General Prohibitions
3. General prohibition
Chapter 3 : Processes for the Notification for the Import and Export of Chemicals
4. Process for the notification for the import of chemicals and decision-making
5. Process for the notification for the export of chemical
Chapter 4 : Record Keeping and Reporting
6. Records of chemicals imported or exported
7. Reporting or submission of information
Chapter 5 : General Matters
8. Offences
9. Penalties
10. Updating of Annexures
11. Information to be transmitted to the Rotterdam Convention Secretariat
12. Repeal of Laws
13. Short Title and Commencement
Annexures
Annexure l : List of chemicals controlled under these Regulations
Annexure ll : Rotterdam Convention - Form for Export Notification
[Withdrawn] Regulations for the Management of Mercury in South Africa, 2024
Notice No. 5848 of 2025
Chapter 1: Definitions, Purpose, and Application of the Regulations
1. Definitions
2. Purpose of the Regulations
3. Application of the Regulations
Chapter 2: Mercury-Added Products
4. Phasing-out mercury-added products
Chapter 3: Dental Amalgam
5. Phasing-down dental amalgam
Chapter 4: Mercury Supply Sources and Trade
6. Import and Export restrictions
Chapter 5: Manufacturing processes in which Mercury or Mercury Compounds or Mercury Mixtures are used
7. Restriction of mercury in manufacturing processes
Chapter 6: Interim Storage of Mercury, Mercury Compounds and Mixtures of Mercury
8. Environmentally sound interim storage of stocks of mercury, mercury compunds, and mixtures of mercury
Chapter 7: Registration and Reporting
9. Registration
10. Reporting
Chapter 8: General Matters
11. Offences
12. Penalties
13. Short title and commencement
Annexures
Annexure A: Mercury-added products (MAPs)
Annexure B: Manufacturing processes in which mercury or mercury compounds are used
Registration Form
Notices
Appointment of Environmental Assessment Practitioners Association of South Africa as the single registration authority in terms of Section 24H
Notice No. 104 of 2018
Procedures for the Assessment and Minimum Criteria for reporting on Identified Environmental Themes ito Sections 24 and 44 of the Act when applying for Environmental Authorisation
Notice No. 320 of 2020
Schedules
Schedule A : Site Sensitivity Verification requirements where a Specialist Assessment is required but no Protocol has been prescribed
1. Site Sensitivity Verification and Minimum Report content requirements
2. Specialist Assessment and Minimum Report content requirements
Schedule B : Environmental Themes
Agriculture : Protocol for the Specialist Assessment and Minimum Report content requirements for Environmental Impacts on Agricultural Resources
1. Scope
2. Site Sensitivity Verification and Minimum Report content requirements
3. Specialist Assessment and Minimum Report content requirements
Agriculture : Protocol for the Specialist Assessment and Minimum Report content requirements of Environmental Impacts on Agricultural Resources by Onshore Wind and/or Solar Photovoltaic Energy Generation Facilities where the Electricity Output is 20 Megaw
1. Scope
2. Allowable Development Limits
3. Site Sensitivity Verification and Minimum Report content requirements
4. Specialist Assessment and Minimum Report content requirements
Avifauna : Protocol for the Specialist Assessment and Minimum Report content requirements for Environmental Impacts on Avifaunal Species by Onshore Wind Energy Generation Facilities where the Electricity Output is 20 Megawatts or more
1. Scope
2. Specialist Assessment and Minimum Report content requirements
Biodiversity : Protocol for the Specialist Assessment and Minimum Report content requirements for Environmental Impacts on Terrestrial Biodiversity
1. Scope
2. Site Sensitivity Verification and Minimum Report content requirements
3. Specialist Assessment and Minimum Report content requirements
Biodiversity : Protocol for the Specialist Assessment and Minimum Report content requirements for Environmental Impacts on Aquatic Biodiversity
1. Scope
2. Site Sensitivity Verification and Minimum Report content requirements
3. Specialist Assessment and Minimum Report content requirements
Noise : Protocol for Specialist Assessment and Minimum Report content requirements for Noise Impacts
1. Scope
2. Site Sensitivity Verification and Minimum Report content requirements
3. Specialist Assessment and Minimum Report content requirements
Defence : Protocol for the Specialist Assessment and Minimum Report content requirements for Environmental Impacts on Defence Installations
1. Scope
2. Site Sensitivity Verification and Minimum Report content requirements
3. Specialist Assessment and Minimum Report content requirements
Civil Aviation : Protocol for the Specialist Assessment and Minimum Report content requirements for Environmental Impacts on Civil Aviation Installations
1. Scope
2. Site Sensitivity Verification and Minimum Report content requirements
3. Specialist Assessment and Minimum Report content requirements
Protocols and Procedures for Assessment and Minimum Criteria for reporting on Identified Environmental Themes ito Sections 24 and 44 of the Act when applying for Environmental Authorisation
Notice No. 1150 of 2020
Animal species : Protocol for the Specialist Assessment and Minimum Report content requirements for Environmental Impacts on Animal Species
1. Scope
2. Site Sensitivity Verification and Minimum Report content requirements
3. Specialist Assessment and Minimum Report content requirements
Plant Species : Protocol for the Specialist Assessment and Minimum Report content requirements for Environmental Impacts on Plant Species
1. Scope
2. Site Sensitivity Verification and Minimum Report content requirements
3. Specialist Assessment and Minimum Report content requirements
Identification of Procedures to be followed when applying for or deciding on an Environmental Authorisation Application for large scale wind and solar photovoltaic facilities, when occurring in renewable energy development zones
Notice No. 142 of 2021
Schedule
Appendix 1 : Renewable Energy Development Zones 9 - 11
Adoption of the Standard for the Development and Expansion of Power Lines and Substations within identified geographical areas and the exclusion of this infrastructure from the requirement to obtain an Environmental Authorisation
Notice No. 2313 of 2022
1. Definitions
2. - 13.
Establishment of The National Environmental Consultative and Advisory Forum in terms of Section 3A of the Act, to advise the Minister on matters arising from Applications for the Suspension and Postponement of Compliance with the Minimum Emission Standard
Notice No. 2394 of 2022
Protocol for the Specialist Assessment and Minimum Report content requirements for Environmental Impacts on Cape Vultures by Onshore Wind Energy Generation Facilities
Notice No. 2718 of 2022
1. Scope
2. Site Sensitivity Verification and Minimum Report Content Requirements
3. Specialist Assessment and Minimum Report Content Requirements
Table 1: Assessment and Reporting of Impacts on Cape Vultures for Onshore Wind Energy Generation Facilities
Adoption of the Battery Storage Exclusion Norm and Exclusion of Identified Activities Associated with the Development and Expansion of Battery Storage Facilities from the Requirement to obtain an Environmental Authorisation
Notice No. 4557 of 2024
Adoption of the Solar Exclusion Norm and Exclusion of the Development and Expansion of Solar Photovoltaic Facilities from the Requirement to obtain an Environmental Authorisation
Notice No. 4558 of 2024
Rules
Welgevonden Game Reserve (NPC) July 2021
Notice No. 560 of 2021
Annexure A
Commencements
Listing Notice 1 : List of Activities and Competent Authorities Identified in terms of sections 24(2) and 24D
Listing Notice 2 : List of Activities and Competent Authorities Identified in terms of sections 24(2) and 24D
Listing Notice 3 : List of Activities and Competent Authorities Identified in terms of sections 24(2) and 24D
Commencement of Environmental Impact Assessment Regulations, 2010
Commencement of Environmental Management Framework Regulations, 2010
Environmental Matters relating to Mining
Environmental Matters relating to Mining
Environmental Implementation Plans
Defence Force
Environmental Implementation Plan : Department of Defence
Minerals and Energy
Environmental Implementation Plan : Department of Minerals and Energy
Environmental Affairs and Tourism
Environmental Implementation Plan : Department of Environmental Affairs and Tourism
Department of Water Affairs and Forestry
Second Edition Environmental Implementation and Management Plan : Department of Water Affai
Department of Housing
Second Edition Environmental Implementation Plan (EIP) : Department of Housing
Publication of the Consolidated Environmental Implementation and Management Plan 2020/2024
Notice No. 747 of 2021
Environmental Management Plan - Labour
Environmental Management Plan : Department of Labour
Chapter 1 : Introduction
1.1. The Purpose of the Environmental Management Plan (EMP)
1.2. The Environment and Environmental Rights
1.3. Co-Operative Governance and The Constitution
1.4. Linkage to the Annual National Report on Sustainable Development
1.5. Report Structure
Chapter 2 : Mandate and Functions of the Department of Labour
2.1. Vision and Mission
2.2. Department of Labour Structure
2.3. Functions of The Department of Labour
2.4. Environmental Functions of The DOL
Chapter 3 : Institutional Arrangements
3.1. International Links
3.2. National Level Co-Operation
3.3. Co-Operation Arrangements within The Department of Labour
Chapter 4 : Environmental Management Policies
4.1. Occupational Health and Safety Act (Act 85 of 1993)
4.2. Environmental Regulations for Workplaces
4.3. Asbestos Regulations
4.4. Lead Regulations
4.5. Major Hazard Installation Regulations
4.6. Hazardous Chemical Substances Regulations
4.7. Regulations for Hazardous Biological Agents
4.8. Construction Regulations
4.9. Agenda 21
4.10. Compliance and Monitoring Procedures
Chapter 5 : Proposals for Environmental Management
5.1. Priority Actions to be Undertaken by the Department of Labour
5.2. Co-Operative Governance
Chapter 2: Mercury-Added Products
Purchase
4. Phasing-out mercury-added products
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