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

Regulations

Environmental Impact Assessment Regulations Listing Notice 3 of 2010

Appendix 1

 

APPENDIX 1

 

Activity

number

Activity description

Geographical areas based on environmental attributes

Identification of competent authority

1

The construction of billboards exceeding 18 square metres in size outside urban or mining areas or outside industrial complexes.

 
a) In Eastern Cape, Free State, KwaZulu-Natal, Limpopo, Mpumalanga and Northern Cape provinces:
i) A protected area identified in terms of NEMPAA, excluding conservancies;
ii) National Protected Area Expansion Strategy Focus areas;
iii) World Heritage Sites;
iv) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
v) Sites or areas identified in terms of an International Convention;
vi) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
vii) Core areas in biosphere reserves;
viii) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve;
ix) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined;
x) In an estuary.

 

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 delegated powers in terms of section 42(1)(d) of the Act, as amended.
b) In Gauteng:
i) A protected area identified in terms of NEMPAA, excluding conservancies;
ii) National Protected Area Expansion Strategy Focus areas;
iii) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
iv) Sites or areas identified in terms of an International Convention;
v) Sites identified as irreplaceable or important sites in the Gauteng Conservation Plan.

 
c) In North West:
i) Any protected area identified in terms of NEMPAA including municipal or provincial nature reserves but excluding conservancies;
ii) National Protected Area Expansion Strategy Focus areas;
iii) World Heritage Sites;
iv) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
v) Sites or areas identified in terms of an International Convention;
vi) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
vii) Core areas in biosphere reserves;
viii) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or biosphere reserve;
ix) Any protected area including municipal or provincial nature reserves as contemplated by NEMPAA or other relevant legislation;
x) Areas designated for conservation use in adopted Spatial Development Frameworks, or zoned for a conservation purpose, within urban areas.

 
d) In Western Cape:
i) All areas:
aa) Outside urban areas;
bb) In an estuary;
cc) In a protected area identified in terms of NEMPAA, excluding conservancies.

 

2

 

The construction of reservoirs for bulk water supply with a capacity of more than 250 cubic metres.
a) In Eastern Cape, Free State, KwaZulu-Natal, Limpopo, Mpumalanga and Northern Cape provinces:
i) In an estuary;
ii) In a protected area identified in terms of NEMPAA, excluding conservancies;
iii) Outside urban areas, in:
aa) National Protected Area Expansion Strategy Focus areas;
bb) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
cc) Sites or areas identified in terms of an International Convention;
dd) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ee) Core areas in biosphere reserves;
ff) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve;
gg) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined.
iv) In urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority, or zoned for a conservation purpose;
cc) Areas seawards of the development setback line or within urban protected areas.

 
b) In Gauteng:
i) A protected area identified in terms of NEMPAA, excluding conservancies;
ii) National Protected Area Expansion Strategy Focus areas;
iii) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
iv) Sites or areas identified in terms of an International Convention;
v) Sites identified as irreplaceable or important sites in the Gauteng Conservation Plan;
vi) Areas larger than 2 hectares zoned for use as public open space;
vii) Areas zoned for a conservation purpose.

 
c) In North West :
i) A protected area identified in terms of NEMPAA, excluding conservancies;
ii) Outside urban areas, in:
aa) National Protected Area Expansion Strategy Focus areas;
bb) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
cc) Sites or areas identified in terms of an International Convention;
dd) Critical biodiversity areas (Type 1 only) as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ee) Core areas in biosphere reserves;
ff) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve;
iii) In urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority, or zoned for a conservation purpose.

 
d) In Western Cape:
i) In an estuary;
ii) A protected area identified in terms of NEMPAA, excluding conservancies;
iii) All areas outside urban areas;
iv) In urban areas:
aa) Areas zoned for use as public open space; and
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority, or zoned for a conservation purpose.

 

3

The construction of masts or towers of any material or type used for telecommunication broadcasting or radio transmission purposes where the mast:

a) is to be placed on a site not previously used for this purpose, and
b) will exceed 15 metres in height, but excluding attachments to existing buildings and masts on rooftops.

 
a) In Eastern Cape, Free State, KwaZulu-Natal, Limpopo, Mpumalanga and Northern Cape provinces:
i) In an estuary;
ii) Outside urban areas,
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
dd) Sites or areas identified in terms of an International Convention;
ee) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ff) Core areas in biosphere reserves;
gg) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core areas of a biosphere reserve;
hh) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined.
iii) Inside urban areas; in:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.

 
b) In Gauteng:
i) A protected area identified in terms of NEMPAA, excluding conservancies;
ii) National Protected Area Expansion Strategy Focus areas;
iii) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
iv) Sites or areas identified in terms of an international Convention;
v) Sites identified as irreplaceable or important sites in the Gauteng Conservation Plan;
vi) Areas larger than 2 hectares zoned for use as public open space;
vii) Areas zoned for a conservation purpose.

 
c) In North West :
i) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
dd) Sites or areas identified in terms of an International Convention;
ee) Critical biodiversity areas (Type 1 only) as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ff) Core areas in biosphere reserves;
gg) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or biosphere reserve.
ii) In urban areas, the following:
aa) Areas designated for conservation use in adopted Spatial Development Frameworks, or zoned for a conservation purpose.

 
d) In Western Cape
i) In an estuary;
ii) All areas outside urban areas;
iii) Areas inside urban areas but outside commercial and industrial areas.

 

4

The construction of a road wider than 4 metres with a reserve less than 13,5 metres.
a) In Eastern Cape, Free State, KwaZulu-Natal, Limpopo, Mpumalanga and Northern Cape provinces:
i) In an estuary;
ii) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
dd) Sites or areas identified in terms of an International Convention;
ee) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ff) Core areas in biosphere reserves;
gg) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core areas of a biosphere reserve;
hh) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined.
iii) In urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
cc) seawards of the development setback line or within urban protected areas.

 
b) In Gauteng:
i) A protected area identified in terms of NEMPAA, excluding conservancies;
ii) National Protected Area Expansion Strategy Focus areas;
iii) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
iv) Sites identified in terms of the Ramsar Convention;
v) Sites identified as irreplaceable or important in the Gauteng Conservation plan;
vi) Areas larger than 2 hectares zoned for use as public open space;
vii) Areas zoned for a conservation purpose.
viii) Any declared protected area including Municipal or Provincial Nature  Reserves as contemplated by the Environment Conservation Act, 1989 (Act No. 73 of 1989) and the Nature Conservation Ordinance (Ordinance 12 of 1983);
ix) Any site identified as land with high agricultural potential located within the Agricultural Hubs or Important Agricultural Sites identified in terms of the Gauteng Agricultural Potential Atlas, 2006.

 
c) In North West:
i) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
dd) Sites or areas identified in terms of an International Convention;
ee) Critical biodiversity areas (Terrestrial Type 1 and 2 and Aquatic Type 1) as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ff) Core areas in biosphere reserves;
gg) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from a biosphere reserve.
ii) In urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
cc) Natural heritage sites.

 
d) In Western Cape:
i) In an estuary;
ii) All areas outside urban areas;
iii) In urban areas:
aa) Areas zoned for use as public open space within urban areas; and
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority, or zoned for a conservation purpose.

 

5

The construction of resorts, lodges or other tourism accommodation facilities that sleep less than 15 people.

 
a) A protected area identified in terms of the NEMPAA.

 
b) In an estuary.

 
c) Outside urban areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve.

 
d) In Eastern Cape, Free State, KwaZulu-Natal, Limpopo, Mpumalanga and Northern Cape provinces:
i) Outside urban areas, in:
aa) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
bb) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined;
cc) Areas within 100 metres of a watercourse or wetland.
ii) In urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.

 
e) In Gauteng:
i) Sites that have been identified as irreplaceable or important in the Gauteng Conservation Plan;
ii) Any sites located within the Agricultural Hubs or Important Agricultural Sites identified in terms of the applicable Gauteng Agricultural Potential Atlas;
iii) A protected area identified in terms of NEMPAA, excluding conservancies;
iv) Any declared protected area including Municipal or Provincial Nature Reserves as contemplated by the Environment Conservation Act, 1989 (Act No. 73 of 1989) and the Nature Conservation Ordinance (Ordinance 12 of 1983).

 
f) In North West :
i) Any protected area including municipal or provincial nature reserves as contemplated by NEMPAA or other relevant legislation;
ii) Natural Heritage sites;
iii) Outside urban areas, in:
aa) Critical biodiversity areas (Terrestrial Type 1 and Aquatic Type 1) as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
bb) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined.
iv) In urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.

 
g) In Western Cape:
i) In an estuary;
ii) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
iii) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined;
iv) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined.

 

6

The construction of resorts, lodges or other tourism accommodation facilities that sleep 15 people or more.

 
a) In eastern Cape, Free State, KwaZulu-Natal, Limpopo, Mpumalanga and Northern Cape provinces:
i) In an estuary;
ii) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
dd) Sites or areas identified in terms of an international Convention.
ee) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ff) Core areas in biosphere reserves;
gg) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve;
hh) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined;
ii) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined.
iii) In urban areas, the following:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.

 
b) In Guateng:
i) A protected area identified in terms of NEMPAA, excluding conservancies;
ii) National Protected Area Expansion Strategy Focus areas;
iii) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
iv) Sites or areas identified in terms of an International Convention;
v) Sites identified as irreplaceable or important in the Gauteng Conservation Plan;
vi) Within 100 metres of from the edge of a watercourse;
vii) Any sites located within the Agricultural Hubs or Important Agricultural Sites identified in terms of the applicable Gauteng Agricultural Potential Atlas.
c) In North West :
i) Any protected area including municipal or provincial nature reserves as contemplated by NEMPAA or other relevant legislation;
ii) Natural Heritage sites;
iii) Outside urban areas, in:
aa) Critical biodiversity areas (Terrestrial Type 1 and Aquatic Type 1) as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
bb) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined.
iv) In urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.

 
d) In Western Cape:
i) In an estuary;
ii) All areas outside urban areas;
iii) In urban areas:
aa) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined;
bb) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined.

 

7

The conversion of existing structures to resorts, lodges or tourism accommodation facilities that sleep 15 people or more.

 
a) In Eastern Cape, Free State, KwaZulu-Natal, Limpopo, Mpumalanga and Northern Cape provinces:
i) In an estuary;
ii) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) World Heritage Sites;
dd) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
ee) Sites or areas identified in terms of an International Convention;
ff) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
gg) Core areas in biosphere reserves;
hh) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core areas of a biosphere reserve;
ii) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined;
iii) In urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.

 
b) In Gauteng:
i) A protected area identified in terms of NEMPAA, excluding conservancies;
ii) National Protected Area Expansion Strategy Focus areas;
iii) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
iv) Sites or areas identified in terms of an International Convention;
v) Sites identified as irreplaceable or important in the Gauteng Conservation Plan;
vi) Within 100 metres of a watercourse;
vii) Any sites located within the Agricultural Hubs or Important Agricultural Sites identified in terms of the applicable Gauteng Agricultural Potential Atlas;
viii) Any declared protected area including Municipal or Provincial Nature Reserves as contemplated by the Environment Conservation Act, 1989 (Act No. 73 of 1989) and the Nature Conservation Ordinance (Ordinance 12 of 1983).

 
c) In North West :
i) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) World Heritage Sites;
dd) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and and as adopted by the competent authority;
ee) Sites or areas identified in terms of an International Convention;
ff) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
gg) Core areas in biosphere reserves;
hh) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve.
ii) In urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.

 
d) In Western Cape:
i) In an estuary;
ii) All areas outside urban areas;
iii) In urban areas:
aa) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined;
bb) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined.

 

8

The construction of aircraft landing strips and runways shorter than 1,4 kilometres.
a) In Eastern Cape, Free State, kwaZulu-Natal, Limpopo, Mpumalanga and Northern Cape provinces:
i) In an estuary;
ii) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) World Heritage Sites;
dd) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
ee) Sites or areas identified in terms of an International Convention;
ff) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
gg) Core areas in biosphere reserves;
hh) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core of a biosphere reserve;
ii) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined;
jj) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined.
iii) In urban areas;
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.

 
b) In Gauteng:
i) A protected area identified in terms of NEMPAA, excluding conservancies;
ii) National Protected Area Expansion Strategy Focus areas;
iii) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
iv) Sites or areas identified in terms of an International Convention;
v) Sites identified as irreplaceable or important in the Gauteng Conservation Plan;
vi) Within 100 metres of a watercourse;
vii) Areas larger than 2 hectares zoned for use as public open space;
viii) Any declared protected area including Municipal or Provincial Nature Reserves as contemplated by the Environment Conservation Act, 1989 (Act No. 73 of 1989) and the Nature Conservation Ordinance (Ordinance 12 of 1983).
c) In North West:
i) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) World Heritage Sites;
dd) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
ee) Sites or areas identified in terms of an International Convention;
ff) Critical biodiversity areas (Terrestrial Type 1 and Aquatic Type 1) as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
gg) Core areas in biosphere reserves;
hh) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core areas of a biosphere reserve;
ii) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined.

 
d) In Western Cape:
i) All areas outside urban areas;
ii) In an estuary;
iii) In urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.

 

9

The construction of above ground cableways and funiculars;
a) In Eastern Cape, Free State, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape and Western Cape:
i) In an estuary;
ii) Areas outside urban areas;
iii) In urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
cc) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined.
dd) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined

 
b) In Gauteng:
i) A protected area identified in terms of NEMPAA, excluding conservancies;
ii) Sites identified as irreplaceable or important in the Gauteng Conservation plan;
iii) Any declared protected area including Municipal or Provincial Nature Reserves as contemplated by the Environment Conservation Act, 1989 (Act No. 73 of 1989) and the Nature Conservation Ordinance (Ordinance 12 of 1983);

 
c) In North West:
i) All areas outside urban areas;
ii) In urban areas;
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
cc) A protected area identified in terms of NEMPAA, excluding conservancies;
dd) Critical biodiversity areas (Type 1 only) as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ee) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core of a biosphere reserve;
ff) Natural heritage sites.

 

10

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 30 but not exceeding 80 cubic metres.
a) In Eastern Cape, Free State, KwaZulu-Natal, Limpopo, Mpumalanga and Northern Cape provinces:
i) In an estuary;
ii) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
dd) Sites or areas identified in terms of an International Convention;
ee) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ff) Core areas in biosphere reserves;
gg) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core areas of a biosphere reserve;
hh) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined;
ii) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined;
jj) Within 500 metres of an estuary.
iii) In urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
cc) Within 500 metres of an estuary.

 

(b)
c) In Gauteng:
i) A protected area identified in terms of NEMPAA, excluding conservancies;
ii) National Protected Area Expansion Strategy Focus areas;
iii) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
iv) Sites or areas identified in terms of an International Convention;
v) Sites identified as irreplaceable or important in the Gauteng Conservation Plan;
vi) Within 100 metres of a watercourse or within 100 metres of wetland that is not linked to a watercourse;
vii) Any declared protected area including Municipal or Provincial Nature Reserves as contemplated by the Environment Conservation Act, 1989 (Act No. 73 of 1989), the Nature Conservation Ordinance (Ordinance 12 of 1983) and the NEMPAA.

 
d) In North West:
i) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
dd) Sites or areas identified in terms of an International Convention;
ee) Critical biodiversity areas (Terrestrial Type 1 and 2 and Aquatic Type 1) as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ff) Core areas in biosphere reserves;
gg) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve;
hh) Between the water's edge and the development setback line of a watercourse or within 100 metres from the water's edge, where no such setback line has been determined.
ii) In urban areas, the following:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
cc) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined.

 
e) In Western Cape:
i) In an estuary;
ii) All areas outside urban areas;
iii) Inside urban areas;
aa) Areas seawards of the development setback line or within 200 metres from the high-water mark of the sea if no such development setback line is determined;
bb) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined.

 

11

The construction of tracks or routes for the testing, recreational use or outdoor racing of motor powered vehicles excluding conversion of existing tracks or routes for the testing, recreational use or outdoor racing of motor powered vehicles
a) In Eastern Cape, KwaZulu-Natal, Northern Cape:
i) In an estuary;
ii) In areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined;
iii) Within areas of indigenous vegetation outside urban areas.

 
b) In Free State, Limpopo and Mpumalanga provinces:
i) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
dd) Sites or areas identified in terms of an International Convention;
ee) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ff) Core areas in biosphere reserves;
gg) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core of a biosphere reserve;
ii) In urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.

 
c) In Gauteng:
i) A protected area identified in terms of NEMPAA, excluding conservancies;
ii) National Protected Area Expansion Strategy Focus areas;
iii) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
iv) Sites or areas identified in terms of an International Convention;
v) Sites identified as irreplaceable or important in the Gauteng Conservation Plan;
vi) Within 100 metres of a watercourse or within 100 metres of wetland that is not linked to a watercourse;
vii) Any declared protected area including Municipal or Provincial Nature Reserves as contemplated by the Environment Conservation Act, 1989 (Act No. 73 of 1989) and the Nature Conservation Ordinance (Ordinance 12 of 1983);
viii) Areas larger than two hectares or more zoned for use as public open space;
ix) Areas zoned for a conservation purpose.

 
d) In North West:
i) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
dd) Sites or areas identified in terms of an International Convention;
ee) Critical biodiversity areas (Type 1 only) as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ff) Core areas in biosphere reserves;
gg) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve;
ii) In urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
cc) Natural heritage sites.

 
e) In Western Cape:
i) In an estuary;
ii) Seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined;
iii) Areas of indigenous vegetation outside urban areas.
iv) In urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.

 

12

The clearance of an area of 300 square metres or more of vegetation where 75% or more of the vegetative cover constitutes indigenous vegetation.

 
a) Within any critically endangered or endangered ecosystem listed in terms of section 52 of the NEMBA or prior to the publication of such a list, within an area that has been identified as critically endangered in the National Spatial Biodiversity Assessment 2004;
b) Within critical biodiversity areas identified in bioregional plans;
c) Within the littoral active zone or 100 metres inland from high water mark of the sea or an estuary, whichever distance is the greater, excluding where such removal will occur behind the development setback line on erven in urban areas.

 

13

The clearance of an area of 1 hectare or more of vegetation where 75% or more of the vegetative cover constitutes indigenous vegetation, except where such removal of vegetation is required for:

1) the undertaking of a process or activity 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 the activity is regarded to be excluded from this list.
2) the undertaking of a linear activity falling below the thresholds mentioned in Listing Notice 1 in terms of GN No. 544 of 2010.

 
a) Critical biodiversity areas and ecological support areas as identified in systematic biodiversity plans adopted by the competent authority.
b) National Protected Area Expansion Strategy Focus areas.

 
c) In Eastern Cape, Free State, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape and Western Cape:
i) In an estuary;
ii) Outside urban areas, the following:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
dd) Sites or areas identified in terms of an International Convention;
ee) Core areas in biosphere reserves;
ff) Areas within10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve;
gg) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined.
iii) In urban areas, the following:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
cc) Areas seawards of the development setback line;
dd) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined.

 
d) In Gauteng:
i) A protected area identified in terms of NEMPAA, excluding conservancies;
ii) National Protected Area Expansion Strategy Focus areas;
iii) Any declared protected area including Municipal or Provincial Nature Reserves as contemplated by the Environment Conservation Act, 1989 (Act No. 73 of 1989), the Nature Conservation Ordinance (Ordinance 12 of 1983); (v) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
iv) Sites or areas identified in terms of an International Convention;
v) Sites identified as irreplaceable or important in the Gauteng Conservation Plan.

 
e) In North West:
i) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) Sensitive areas as identified in an environmental management
dd) framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
ee) Sites or areas identified in terms of an International Convention;
ff) Critical biodiversity areas (Type 1 only) and ecological support areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
gg) Core areas in biosphere reserves;
hh) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core areas of a biosphere reserve.
ii) In urban areas:
aa) Areas zoned for use as public open space:
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
cc) Natural heritage sites.

 

14

The clearance of an area of 5 hectares or more of vegetation where 75% or more of the vegetative cover constitutes indigenous vegetation, except where such removal of vegetation is required for:

 

1) purposes of agriculture or afforestation inside areas identified in spatial instruments adopted by the competent authority for agriculture or afforestation purposes;
2) the undertaking of a process or activity 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 the activity is regarded to be excluded from this list;
3) the undertaking of a linear activity falling below the thresholds in Notice 544 of 2010.

 
a) In Eastern Cape, Free State, KwaZulu-Natal, Gauteng, Limpopo, Mpumalanga, Northern Cape, Northwest and Western Cape:
i) All areas outside urban areas.

 

15

The construction of facilities, infrastructure or structures of any size for any form of aquaculture.

 
a) In an estuary;
b) In a Protected Area identified in the NEMPAA;
c) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined.

 

16

The construction of:

i) jetties exceeding 10 square metres in size;
ii) slipways exceeding 10 square metres in size;
iii) buildings with a footprint exceeding 10 square metres in size; or
iv) infrastructure covering 10 square metres or more

 

where such construction occurs

within a watercourse or within 32 metres of a watercourse, measured from the edge of a watercourse, excluding where such construction will occur behind the development setback line

 
a) In Eastern Cape, Free State, KwaZulu-Natal, Limpopo, Mpumalanga and Northern Cape:
i) In an estuary;
ii) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) World Heritage Sites;
dd) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
ee) Sites or areas identified in terms of an International Convention;
ff) Critical biodiversity areas or ecosystem service areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
gg) Core areas in biosphere reserves;
hh) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve;
ii) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined.
iii) In urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority, zoned for a conservation purpose; or
cc) Areas seawards of the development setback line.

 
b) In Gauteng:
i) A protected area identified in terms of NEMPAA, excluding conservancies;
ii) National Protected Area Expansion Strategy Focus areas;
iii) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
iv) Sites or areas identified in terms of an International Convention;
v) Sites identified as irreplaceable or important in the Gauteng Conservation Plan;
vi) Any declared protected area including Municipal or Provincial Nature Reserves as contemplated by the Environment Conservation Act, 1989 (Act No. 73 of 1989) and the Nature Conservation Ordinance (Ordinance 12 of 1983);
vii) Areas zoned for a conservation purpose.

 
c) In North West:
i) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) World Heritage Sites;
dd) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
ee) Sites or areas identified in terms of an International Convention;
ff) Critical biodiversity areas or ecosystem service areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
gg) Core areas in biosphere reserves;
hh) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core areas of a biosphere reserve.
ii) Inside urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.

 
d) In Western Cape:
i) In an estuary;
ii) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) World Heritage Sites;
dd) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
ee) Sites or areas identified in terms of an International Convention;
ff) Critical biodiversity areas or ecosystem service areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
gg) Core areas in biosphere reserves;
hh) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve;
ii) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined.
iii) Inside urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
cc) Areas seawards of the development setback line or within 100 metres of the high water mark where no setback line.

 

17

The expansion of reservoirs for bulk water supply where the capacity will be increased by more than 250 cubic metres.
a) In Eastern Cape, Free State, KwaZulu-Natal, Limpopo, Mpumalanga and Northern Cape provinces:
i) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) World Heritage Sites;
dd) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
ee) Sites or areas identified in terms of an International Convention;
ff) Critical biodiversity areas as identified in systematic  biodiversity plans adopted by the competent authority or in bioregional plans;
gg) Core areas in biosphere reserves;
hh) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve;
ii) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined.
ii) Inside urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority, or zoned for a conservation purpose;
cc) Areas seawards of development setback line or within 100 metres of the high water mark of the sea where the development setback line has not been determined.

 
b) In Gauteng:
i) A protected area identified in terms of NEMPAA, excluding conservancies;
ii) National Protected Area Expansion Strategy Focus areas;
iii) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
iv) Sites or areas identified in terms of an International Convention;
v) Sites identified as irreplaceable or important sites in the Gauteng Conservation Plan;
vi) Areas larger than 2 hectares zoned for use as public open space;
vii) Areas zoned for a conservation purpose.

 
c) In North West:
i) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
dd) Sites or areas identified in terms of an International Convention;
ee) Critical biodiversity areas (Type 1 only) as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ff) Core areas in biosphere reserves;
gg) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core areas of a biosphere reserve.
ii) Inside urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority, or zoned for a conservation purpose.

 
d) In Western Cape:
i) In an estuary;
ii) All areas outside urban areas;
iii) Areas inside urban areas:
aa) Areas zoned for use as public open space; and
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority, or zoned for a conservation purpose, including residential areas.

 

18

 

The expansion of a resort, lodge, hotel and tourism or hospitality facilities where the development footprint will be expanded.

 
a) In Eastern Cape, Free State, KwaZulu-Natal, Limpopo, Mpumalanga and Northern Cape provinces:
i) In an estuary;
ii) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
dd) Sites or areas identified in terms of an International Convention;
ee) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ff) Core areas in biosphere reserves;
gg) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve;
hh) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined.
iii) Inside urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation;
cc) Areas seawards of the development set back line or within 100 metres from  the high-water mark of the sea if no such development setback line is determined.

 
b) In Gauteng:
i) A protected area identified in terms of NEMPAA, excluding conservancies;
ii) National Protected Area Expansion Strategy Focus areas;
iii) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
iv) Sites or areas identified in terms of an International Convention;
v) Sites identified as irreplaceable or important in the Gauteng Conservation Plan;
vi) Within 100 metres of a watercourse;
vii) Any sites located within the Agricultural Hubs or Important Agricultural Sites identified in terms of the applicable Gauteng Agricultural Potential Atlas.

 
c) In North West:
i) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) World Heritage Sites;
dd) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
ee) Sites or areas identified in terms of an International Convention;
ff) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
gg) Core areas in biosphere reserves;
hh) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve;
ii) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined.
ii) Inside urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.

 
d) In Western Cape:
i) In an estuary;
ii) Critical biodiversity Areas as adopted by the competent authority;
iii) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined;
iv) Areas on the watercourse side of the development setback line or withing 100 metres from the edge of a watercourse where no such setback line has been determined.

 

19

The widening of a road by more than 4 metres, or the lengthening of a road by more than 1 kilometre.
a) In Eastern Cape, Free State, KwaZulu-Natal, Limpopo, Mpumalanga and Northern Cape provinces:
i) In an estuary;
ii) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
dd) Sites or areas identified in terms of an International Convention;
ee) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ff) Core areas in biosphere reserves;
gg) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve;
hh) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined;
ii) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined.
iii) Inside urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.

 
b) In Gauteng:
i) A protected area identified in terms of NEMPAA, excluding conservancies;
ii) National Protected Area Expansion Strategy Focus areas;
iii) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
iv) Sites or areas identified in terms of an International Convention;
v) Any site identified as land with high agricultural potential located within the Agricultural Hubs or Important Agricultural Sites identified in terms of the Gauteng Agricultural Potential Atlas, 2006;
vi) All sites identified as irreplaceable or important in terms of the applicable Gauteng Conservation Plan;
vii) Any declared protected area including Municipal or Provincial Nature Reserves as contemplated by the Environment Conservation Act, 1989 (Act No. 73 of 1989), the Nature Conservation Ordinance (Ordinance 12 of 1983) and the NEMPAA.

 
c) In North West:
i) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
dd) Sites or areas identified in terms of an International Convention;
ee) Critical biodiversity areas (Terrestrial Type 1 and 2 and Aquatic Type 1) as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ff) Core areas in biosphere reserves;
gg) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve.
ii) In urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
cc) Natural heritage sites.

 
d) In Western Cape:
i) In an estuary;
ii) All areas outside urban areas;
iii) In urban areas:
aa) Areas zoned for use as public open space within urban areas;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority, or zoned for a conservation purpose, within urban areas.

 

20

The expansion of runways or aircraft landing strips where the expanded runways or aircraft landing strips will be longer than 1,4 kilometres in length.
a) In Eastern Cape, Free State, KwaZulu-Natal, Limpopo, Mpumalanga and Northern Cape provinces:
i) In an estuary;
ii) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
dd) Sites or areas identified in terms of an International Convention;
ee) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ff) Core areas in biosphere reserves;
gg) Areas within 10 kilometres from national parks and world heritage sites and 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve;
hh) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined;
ii) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined.
iii) Inside urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.

 
b) In Gauteng:
i) A protected area identified in terms of NEMPAA, excluding conservancies;
ii) National Protected Area Expansion Strategy Focus areas;
iii) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
iv) Sites or areas identified in terms of an International Convention;
v) Sites identified as irreplaceable or important in the Gauteng Conservation Plan;
vi) Within 100 metres of a watercourse;
vii) Areas larger than 2 hectares zoned for use as public open space;
viii) Any declared protected area including Municipal or Provincial Nature Reserves as contemplated by the Environment Conservation Act, 1989 (Act No. 73 of 1989) and the Nature Conservation Ordinance (Ordinance 12 of 1983).

 
c) In North West:
i) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) World Heritage Sites;
dd) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
ee) Sites or areas identified in terms of an International Convention;
ff) Critical biodiversity areas (Terrestrial Type 1 and Aquatic Type 1) as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
gg) Core areas in biosphere reserves;
hh) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve;
ii) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined.

 
d) In Western Cape:
i) In an estuary;
ii) All areas outside urban areas.

 

21

The expansion of above ground cableways and funiculars where the development footprint will be increased.

 
a) In Eastern Cape, Free State, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape and Western Cape:
i) In an estuary;
ii) All areas outside urban areas;
iii) In urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
cc) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined.
dd) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined.

 
b) In Gauteng:
i) A protected area identified in terms of NEMPAA, excluding conservancies;
ii) Sites identified as irreplaceable or important in the Gauteng Conservation Plan;
iii) Any declared protected area including Municipal or Provincial Nature Reserves as contemplated by the Environment Conservation Act, 1989 (Act No. 73 of 1989) and the Nature Conservation Ordinance (Ordinance 12 of 1983).

 
a) In North West:
i) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
dd) Sites or areas identified in terms of an International Convention;
ee) Critical biodiversity areas (Type 1 only) as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ff) Core areas in biosphere reserves;
gg) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core areas of a biosphere reserve.
ii) Inside urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority, or zoned for a conservation purpose.

 

22

The expansion of tracks or routes for the testing, recreational use or outdoor racing of motor powered vehicles excluding conversion of existing tracks or routes for the testing, recreational use or outdoor racing of motor powered vehicles, where the development footprint will be expanded.
b) In Free State, Limpopo and Mpumalanga provinces:
i) In an estuary;
ii) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
dd) Sites or areas identified in terms of an International Convention;
ee) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ff) Core areas in biosphere reserves;
gg) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve;
hh) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined.
iii) In urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.

 
c) In Eastern Cape, KwaZulu-Natal, Northern Cape and Western Cape:
i) In an estuary;
ii) Within areas seaward of the development setback line or within 1 kilometre of the high-water mark if no setback line is determined;
iii) Within areas of indigenous vegetation outside and inside urban areas.

 
d) In Gauteng:
i) A protected area identified in terms of NEMPAA, excluding conservancies;
ii) National Protected Area Expansion Strategy Focus areas;
iii) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
iv) Sites or areas identified in terms of an international Convention;
v) Sites identified as irreplaceable or important in the Gauteng Conservation Plan;
vi) Within 100 metres of a watercourse or within 100 metres of a wetland that is not linked to a watercourse;
vii) Any declared protected area including Municipal or Provincial Nature Reserves as contemplated by the Environment Conservation Act, 1989 (Act No. 73 of 1989) and the Nature Conservation Ordinance (Ordinance 12 of 1983);
viii) Areas larger than two hectares zoned for use as public open space;
ix) Areas zoned for a conservation purpose.

 
e) In North West:
i) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
dd) Sites or areas identified in terms of an International Convention;
ee) Critical biodiversity areas (Type 1 only) as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ff) Core areas in biosphere reserves;
gg) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve.
ii) In urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
cc) Natural heritage sites.

 

23

The expansion of facilities or infrastructure for the storage, or storage and handling of a dangerous good, where such storage facilities will be expanded by 30 cubic metres or more but less than 80 cubic metres.
a) In Eastern Cape, Free State, KwaZulu-Natal, Limpopo, Mpumalanga and Northern Cape provinces:
i) In an estuary;
ii) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
dd) Sites or areas identified in terms of an International Convention;
ee) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ff) Core areas in biosphere reserves;
gg) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve;
hh) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined;
ii) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined;
jj) Within 500 metres of an estuary.
iii) In urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
cc) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined;
dd) Within 500 metres of an estuary.

 
b) In Gauteng :
i) A protected area identified in terms of NEMPAA, excluding conservancies;
ii) National Protected Area Expansion Strategy Focus areas;
iii) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
iv) Sites or areas identified in terms of an International Convention;
v) Sites identified as irreplaceable or important in the Gauteng Conservation Plan;
vi) Within 100 metres of a watercourse or within 100 metres of wetland that is not linked to a watercourse;
vii) Any declared protected area including Municipal or Provincial Nature Reserves as contemplated by the Environment Conservation Act, 1989 (Act No. 73 of 1989), the Nature Conservation Ordinance (Ordinance 12 of 1983) and the NEMPAA;
viii) Areas larger than two hectares zoned for use as public open space;
ix) Areas zoned for a conservation purpose.

 
c) In North West:
i) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
dd) Sites or areas identified in terms of an International Convention;
ee) Critical biodiversity areas (Terrestrial Type 1 and 2 and Aquatic Type 1) as identified in systematic biodiversity plans adopted by the competent authority or in bioregionaI plans;
ff) Core areas in biosphere reserves;
gg) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve;
hh) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined.
ii) In urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
cc) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined.

 
d) In Western Cape:
i) In an estuary;
ii) All areas outside urban areas;
iii) Areas inside urban areas, the following:
aa) Areas seawards of the development setback line or within 200 metres from the high-water mark of the sea if no such development setback line is determined;
bb) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined.

 

24

The expansion of

a) jetties where the jetty will be expanded by 10 square metres in size or more;
b) slipways where the slipway will be expanded by 10 square metres or more;
c) buildings where the buildings will be expanded by 10 square metres or more in size; or
d) infrastructure where the infrastructure will be expanded by 10 square metres or more

where such construction occurs within a watercourse or within 32 metres of a watercourse, measured from the edge of a watercourse, excluding where such construction will occur behind the development setback line.

 
a) In Eastern Cape, Free State, KwaZulu-Natal, Limpopo, Mpumalanga and Northern Cape:
i) In an estuary;
ii) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
dd) Sites or areas identified in terms of an International Convention;
ee) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ff) Core areas in biosphere reserves;
gg) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve;
hh) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined.
iii) Inside urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.

 
b) In Gauteng:
i) A protected area identified in terms of NEMPAA, excluding conservancies;
ii) National Protected Area Expansion Strategy Focus areas;
iii) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
iv) Sites or areas identified in terms of an International Convention;
v) Sites identified as irreplaceable or important in the Gauteng Conservation Plan;
vi) Any declared protected area including Municipal or Provincial Nature Reserves as contemplated by the Environment Conservation Act, 1989 (Act No. 73 of 1989) and the Nature Conservation Ordinance (Ordinance 12 of 1983);
vii) Areas zoned for a conservation purpose.

 
c) In North West:
i) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) World Heritage Sites;
dd) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
ee) Sites or areas identified in terms of an International Convention;
ff) Critical biodiversity areas or ecosystem service areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
gg) Core areas in biosphere reserves;
hh) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of biosphere reserve.
ii) Inside urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.

 
d) In Western Cape:
i) In an estuary;
ii) Outside urban areas, in:
aa) A protected area identified in terms of NEMPAA, excluding conservancies;
bb) National Protected Area Expansion Strategy Focus areas;
cc) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
dd) Sites or areas identified in terms of an International Convention;
ee) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ff) Core areas in biosphere reserves;
gg) Areas within 10 kilometres from national parks or world heritage sites or 5 kilometres from any other protected area identified in terms of NEMPAA or from the core area of a biosphere reserve;
hh) Areas seawards of the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined.
iii) Inside urban areas:
aa) Areas zoned for use as public open space;
bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.

 

25

The expansion of facilities, infrastructure or structures of any size for any form of aquaculture.

 
a) In an estuary;
b) In a Protected Area identified in the NEMPAA;
c) Areas on the watercourse side of the development setback line or within 100 metres from the edge of a watercourse where no such setback line has been determined.

 

26

Phased activities for all activities listed in this Schedule and as it applies to a specific geographical area, which commenced on or after the effective date of this Schedule, where any phase of the activity may be below a threshold but where a combination of the phases, including expansions or extensions, will exceed a specified threshold.

 

All the areas as identified for the specific activities listed in this schedule.

 

[Appendix 1 amended by regulation 21 of the National Environmental Management Act, 1998 (Act No. 107 of 1998) Amendments to Environmental Impact Assessment Regulations, 2010 and Listing Notices]