Acts Online
GT Shield

National Environmental Management Act, 1998 (Act No. 107 of 1998)

Regulations

Listing Notice 2 : List of Activities and Competent Authorities Identified in terms of sections 24(2) and 24D

Appendix 1

 

APPENDIX 1

 

Activity number

Activity description

Identification of competent authority

1.

The construction of facilities or infrastructure for the generation of electricity where the electricity output is 20 megawatts or more.

The competent authority in respect of the activities listed in this part of the schedule is the environmental authority in the province in which the activity is to be undertaken, unless it is an application for an activity contemplated in section 24C(2) of the Act, in which case the competent authority is the Minister or an organ of state with the power to act under delegated authority in terms of section 42(1) of the Act -

a) it is an application for an activity contemplated in section 24C(2) of the Act, in which case the competent authority is the Minister or an organ of state with delegated powers in terms of section 42(1) of the Act, as amended; or
b) the activity is to be conducted in or on a mining area or is to transform the area where the activity is to be conducted into a mining area in which case the competent authority is the Minister of Minerals and Energy.

 

The exception mentioned in (b) above does not apply to the following activities contained in this Notice:

1;

2;

5;

8;

9;

10;

12;

13;

14;

17;

24; and

25.

 

 

 

 

2.

The construction of facilities or infrastructure for nuclear reaction including energy generation, the production, enrichment, processing, reprocessing, storage or disposal of nuclear fuels, radioactive products and nuclear and radioactive waste.

 

3.

The construction of facilities or infrastructure for the storage, or storage and handling of a dangerous good, where such storage occurs in containers with a combined capacity of more than 500 cubic metres.

 

4.

The construction of facilities or infrastructure for the refining, extraction or processing of gas, oil or petroleum products with an installed capacity of 50 cubic metres or more per day, excluding facilities for the refining, extraction or processing of gas from landfill sites.

 

5.

The construction of facilities or infrastructure for any process or activity which requires a permit or license in terms of national or provincial legislation governing the generation or release of emissions, pollution or effluent and which is not identified in Notice No. 544 of 2010 or included in the list of waste management activities published in terms of section 19 of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) in which case that Act will apply.

 

6.

The construction of facilities or infrastructure for the bulk transportation of dangerous goods-

i) in gas form, outside an industrial complex, using pipelines, exceeding 1000 metres in length, with a throughput capacity of more than 700 tons per day;
ii) in liquid form, outside an industrial complex, using pipelines, exceeding 1000 metres in length, with a throughput capacity more than 50 cubic metres per day; or
iii) in solid form, outside an industrial complex, using funiculars or conveyors with a throughput capacity of more than 50 tons day.

 

7.

The construction of

i) airports, or
ii) runways or aircraft landing strips longer than 1.4 kilometres.

 

8.

The construction of facilities or infrastructure for the transmission and distribution of electricity with a capacity of 275 kilovolts or more, outside an urban area or industrial complex.

 

9.

The construction of facilities or infrastructure for marine telecommunication.

 

10.

The construction of facilities or infrastructure for the transfer of 50 000 cubic metres or more water per day, from and to or between any combination of the following:

i) water catchments,
ii) water treatment works; or
iii) impoundments,

excluding treatment works where water is to be treated for drinking purposes.

 

11.

The construction of railway lines, stations or shunting yards, excluding —

i) railway lines, shunting yards and railway stations in industrial complexes or zones;
ii) underground railway lines in a mining area; and
iii) additional railway lines within the reserve of an existing railway line;

 

12.

The construction of facilities, infrastructure or structures for aquaculture of -

i) finfish, crustaceans, reptiles or amphibians where the facility, infrastructure or structures will have a production output of 200 000 or more kg per annum (live round weight);
ii) molluscs where the facility, infrastructure or structures will have a production output of 150000 or more kg per annum (live round weight);
iii) aquatic plants where the facility, infrastructure or structures will have a production output of 200 000 or more kg per annum (live round weight);

excluding where the construction of facilities, infrastructure or structures is for purposes of offshore cage culture in which case activity 13 in this Notice will apply.

 

13.

The construction of facilities, infrastructure or structures for aquaculture of offshore cage culture of finfish, crustaceans, reptiles, amphibians, molluscs and aquatic plants where the facility, infrastructure or structures will have a production output of 100 000 or more kg per annum (live round weight) _

 

14.

The construction of an island, anchored platform or any other permanent structure on or along the sea bed excluding construction of facilities, infrastructure or structures for aquaculture purposes;

 

15.

Physical alteration of undeveloped, vacant or derelict land for residential, retail, commercial, recreational, industrial or institutional use where the total area to be transformed is 20 hectares or more; except where such physical alteration takes place for:

i) linear development activities; or
ii) agriculture or afforrestation where activity 16 in this Schedule will apply.

 

16.

The physical alteration of virgin soil to agriculture, or afforestation for the purposes of commercial tree, timber or wood production of 100 hectares or more.

 

17.

The extraction or removal of peat or peat soils, including the disturbance of vegetation or soils in anticipation of the extraction or removal of peat or peat soils.

 

18.

The route determination of roads and design of associated physical infrastructure, including roads that have not yet been built for which routes have been determined before 03 July 2006 and which have not been authorised by a competent authority in terms of the Environmental Impact Assessment Regulations, 2006 or 2009, made under section 24(5) of the Act and published in Government Notice No. R. 385 of 2006, -

i) it is a national road as defined in section 40 of the South African National Roads Agency Limited and National Roads Act, 1998 (Act No.7 of 1998);
ii) it is a road administered by a provincial authority;
iii) the road reserve is wider than 30 metres; or
iv) the road will cater for more than one lane of traffic in both directions.

 

19.

The construction of a dam, where the highest part of the dam wall, as measured from the outside toe of the wall to the highest part of the wall, is 5 metres or higher or where the high-water mark of the dam covers an area of 10 hectares or more.

 

20.

Any activity which requires a mining right or renewal thereof as contemplated in sections 22 and 24 respectively of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002).

 

21.

Any activity which requires an exploration right or renewal thereof as contemplated in sections 79 and 81 respectively of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002).

 

22.

Any activity which requires a production right or renewal thereof as contemplated in sections 83 and 85 respectively of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002).

 

23.

Any activity which requires a reconnaissance permit as contemplated in section 74 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002), excluding where such reconnaissance is conducted by means of a fly over.

 

24.

Construction or earth moving activities in the sea, an estuary, or within the littoral active zone or a distance of 100 metres inland of the high-water mark of the sea or an estuary, whichever distance is the greater, in respect of:

i) facilities associated with the arrival and departure of vessels and the handling of cargo;
ii) piers;
iii) inter- and sub-tidal structures for entrapment of sand;
iv) breakwater structures;
v) coastal marinas;
vi) coastal harbours or ports:
vii) structures for reclaiming parts of the sea;
viii) tunnels; or
ix) underwater channels;

but excluding -

a) activities listed in activity 16 in Notice 544 of 2010,
b) construction or earth moving activities if such construction or earth moving activities will occur behind a development setback line;
c) where such construction or earth moving activities will occur in existing ports or harbours where there will be no increase of the development footprint or throughput capacity of the port or harbour; or
d) where such construction or earth moving activities takes place for maintenance purposes.

 

25.

The expansion of facilities for nuclear reaction including energy generation, the production, enrichment, processing, reprocessing, storage or disposal of nuclear fuels, radioactive products and nuclear and radioactive waste.

 

26.

Commencing of an activity, which requires an atmospheric emission license in terms of section 21 of the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004), except where such commencement requires basic assessment in terms of Notice No. R544 of 2010.

 

 

[Appendix 1 amended by regulation 20 of the National Environmental Management Act, 1998 (Act No. 107 of 1998) Amendments to Environmental Impact Assessment Regulations, 2010 and Listing Notices]