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

Regulations

Environmental Impact Assessment Regulations, 2014

Chapter 6 : Public Participation

39. Activity on land owned by person other than proponent

 

(1) If the proponent is not the owner or person in control of the land on which the activity is to be undertaken, the proponent must, before applying for an environmental authorisation in respect of such activity, obtain the written consent of the landowner or person in control of the land to undertake such activity on that land.

 

(2) Subregulation (1) does not apply in respect of—
(a) linear activities; and

[Regulation 39(2)(a) substituted by section 17(a) of Notice No. 517, GG44701, dated 11 June of 2021]

(b) [Regulation 39(2)(b) deleted  by section 17(b) of Notice No. 517, GG44701, dated 11 June of 2021]
(c) strategic integrated projects as contemplated in the Infrastructure Development Act, 2014.