Statistics Act, 1999
R 385
National Environmental Management Act, 1998 (Act No. 107 of 1998)RegulationsEnvironmental Impact Assessment Regulations, 2014Chapter 8 : Transitional Arrangements and Commencement54A. Transitional provisions |
| (1) | Where, prior to 8 December 2014— |
| (a) | environmental authorisation was required for activities directly related to─ |
| (i) | prospecting or exploration of a mineral or petroleum resource; or |
| (ii) | extraction and primary processing of a mineral or petroleum resource; |
and such environmental authorisation has been obtained; and
| (b) | a right, permit or exemption was required in terms of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002) for— |
| (i) | prospecting or exploration of a mineral or petroleum resource; or |
| (ii) | extraction and primary processing of a mineral or petroleum resource; |
and such right, permit or exemption has been obtained, and activities authorised in such environmental authorisation, right, permit or exemption commenced after 8 December 2014, such environmental authorisation, right, permit or exemption is regarded as fulfilling the requirements of the Act: Provided that where an application for an environmental authorisation was refused or not obtained in terms of the Act for activities directly related to prospecting, exploration or extraction of a mineral or petroleum resource, including primary processing, this subregulation does not apply.
| (2) | Where a right or permit issued in terms of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002) and the associated Environmental Management Programme or Environmental Management Plan approved in terms of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2020) is still in effect after 8 December 2014, the requirements contained in Part 3 of Chapter 5 of these Regulations apply to such Environmental Management Programmes or Environmental Management Plans, and where─ |
| (a) | the audit or performance assessment cycle of the Environmental Management Programme or Environmental Management Plan exceeds five years, an audit report will be required to be submitted at lease every five years commencing from the date of submission of the last audit, for the period during which the right or permit remains in effect; or |
| (b) | no audit or performance assessment requirement was set in the Environmental Management Programme or Environmental Management Plan, an audit report will be required to be submitted to the competent authority no later than 7 December 2021 and at least every 5 years thereafter for the period during which the right or permit remains in effect. |
[Regulation 54A(2)substituted by section 20 of Notice No. 517, GG44701, dated 11 June of 2021]
| (3) | Where an environmental authorisation issued in terms of the ECA regulations or the previous NEMA regulations is still in effect by 8 December 2014, the EMPr associated with such environmental authorisation is subject to the requirements contained in Part 3 of Chapter 5 of these Regulations and the first environmental audit report must be submitted to the competent authority by a date to be published by Notice in the Government Gazette. |
[Regulation 54(3) substituted by section 2(b) of Notice No. 599, GG43358, dated 29 May 2020]
[Section 54A inserted by Notice No. 326 of 2017]
