| (1) |
Only a person registered as an environmental assessment practitioner may perform tasks in connection with an application for an environmental authorisation contemplated in— |
| (a) |
Chapter 5 of the Act, read with the Environmental Impact Assessment Regulations; |
| (c) |
Chapter 5 of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008), read with the Environmental Impact Assessment Regulations. |
| (2) |
The tasks contemplated in subregulation (1)(a) are the tasks specified relating to— |
| (a) |
the investigation, assessment and preparation of a basic assessment report, EMPr and closure plan contemplated in regulations 19(1)(a), 19(2), 19(3), 19(4) and 19(6) and the assessment, evaluation and consideration of such reports and documents in order to inform a decision on an application for environmental authorisation contemplated in regulation 20(1) of Part 2 of Chapter 4 of the Environmental Impact Assessment Regulations; |
| (b) |
the investigation and preparation of a scoping report contemplated in regulation 21(1) and 21(3) and the evaluation and consideration of the scoping report in order to inform a decision contemplated in regulation 22 of Part 3 of Chapter 4 of the Environmental Impact Assessment Regulations; |
| (c) |
the investigation, assessment and preparation of an environmental Impact assessment report, EMPr and closure plan contemplated in regulations 23(1)(a), 23(2), 23(3), 23(4) and 23(4B) and the assessment, evaluation and consideration of such reports and documents in order to inform a decision on an application for environmental authorisation contemplated in regulation 24(1) of Part 3 of Chapter 4 of the Environmental Impact Assessment Regulations; and |
| (d) |
the investigation, assessment and preparation of a report contemplated in regulations 32(1)(a) and 32(2) and the assessment, evaluation and consideration of such reports in order to inform a decision contemplated in regulation 33(1) of Part 2 of Chapter 5 of the Environmental Impact Assessment Regulations. |
| (3) |
The tasks contemplated in subregulation (1)(b) are the tasks specified in— |
| (a) |
section 24G(1)(a)(ii) and 24G(1)(b)(ii) of the Act in so far as it relates to the investigation, evaluation and assessment of impacts; |
| (b) |
section 24G(1)(a)(vii) and 24G(1)(b)(vii) of the Act in so far as it relates to the compilation of the report containing the information contemplated in paragraphs (aa) - (ee); and |
| (c) |
section 24G(2) of the Act in so far as it relates to the assessment, evaluation and consideration of the report or information submitted in order to inform a decision on an application contemplated in subregulation (1)(b). |
| (4) |
The tasks contemplated in subregulation (1)(c) are the tasks specified in— |
| (a) |
sections 45(2)(b) and 45(3) of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) in so far as it relates to the investigation, assessment and compilation of documentation and information; |
| (b) |
section 48 of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) in so far as it relates to the assessment, evaluation and consideration of all relevant matters: and |
| (5) |
Notwithstanding subregulation (1), (2), (3) and (4), a person that— |
| (a) |
takes the final decision, based on recommendations received, on an application contemplated in subregulation (1)(a) - (c) when that person is the Minister, Minister responsible for mineral resources, MEC, Director-General, the Director-General of the department responsible for mineral resources or a provincial head of department responsible for environmental affairs or a person acting in such position; |
| (b) |
provides comments on documents forming part of an application contemplated in subregulation (1)(a) - (c); or |
| (c) |
investigates, assesses or prepares specialist reports contemplated in regulation 19(8) and 23(5) of the Environmental Impact Assessment Regulations; |
is not required to be a registered environmental assessment practitioner.
| (6) |
When acting under supervision of a registered environmental assessment practitioner, a registered candidate environmental assessment practitioner may assist with the performance of tasks contemplated in subregulations (2),(3) and (4). |
[Regulation 14 substituted by section 7 of Notice No. 2320, GG47133, dated 29 July 2022]
Maintenance Act, 1998
