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

Regulations

Environmental Impact Assessment Regulations Listing Notice 3 of 2014

Appendix 1

 

APPENDIX 1

 

Activity

number

Activity description

Geographical areas based on environmental attributes

Identification of competent authority

1.

The development of billboards exceeding 18 square metres in size outside urban areas, mining areas or industrial complexes
(a) In Free State, 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; or
x. In an estuary.

The competent authority in respect of the activities listed in this part of the Schedule is the competent authority in the province in which the activity is to be undertaken, unless—

(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; or
(b) the application is a mining application, in which case the competent authority is the Minister responsible for mineral resources.

 

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

 

5;

6;

9;

11;

13;

17;

21;

24;

25; and

26.
(b) In Eastern Cape:
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; or
x. In an estuarine funcitonal zone.
(c) In Gauteng:
i. A protected area identified in terms of NEMPAA, excluding conservancies;
ii. National Protected Area Expansion Strategy Focus areas;
iii. Gauteng Protected Area Expansion Priority Areas;
iv. Sites identified as Critical Biodiversity Areas (CBAs) and Ecological Support Areas (ESAs) in the Gauteng Conservation Plan or in bioregional plans;
v. Sites identified within threatened ecosystems listed in terms of the National Environmental Management Act: Biodiversity Act (Act No. 10 of 2004);
vi. Important Bird and Biodiversity Aras (IBA);
vii. Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
viii. Sites or areas identified in terms of an International Convention;
ix. Sites managed as protected areas by provincial authorities, or declared as nature reserves in terms of the Nature Conservation Ordinance (Ordinance 12 of 1983) or the National Environmental Management: Protected Areas Act (Act No. 57 of 2003);
x. Sites designated as nature reserves within municipal SDFs; or
xi. Sites zoned for conservation or public open space or equivalent zoning.
(d) In KwaZulu-Natal:
i. Trans-frontier protected areas managed under international conventions;
ii. Community Conservation Areas;
iii. Biodiversity Stewardship Programme Biodiversity Agreement areas;
iv. A protected area identified in terms of NEMPAA, excluding conservancies;
v. World Heritage Sites;
vi. Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
vii. Sites or areas identified in terms of an International Convention;
viii. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ix. Core areas in biosphere reserves;
x. In an estuarine functional zone;
xi. Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority, or zoned for a conservation purpose;
xii. 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; or
xiii. 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.
(e) In North West:
i. National Protected Area Expansion Strategy Focus areas;
ii. World Heritage Sites;
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. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
vi. Core areas in biosphere reserves;
vii. 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 a biosphere reserve, excluding areas where no indigenous vegetation will be cleared;
viii. Any protected area including municipal or provincial nature reserves as contemplated by NEMPAA or other relevant legislation; or
ix. Areas designated for conservation use in adopted Spatial Development Frameworks, or zoned for a conservation purpose, within urban areas.
(f) In Western Cape:
i. All areas outside urban areas, mining areas or industrial complexes.

2.

The development of reservoirs for bulk water supply with a capacity of more than 250 cubic metres.
(a) In  Free State, 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 Eastern Cape:
i. In an estuarine functional zone;
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; or
(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; or
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; or
(cc) Areas seawards of the development setback line or within urban protected areas.
(c) Gauteng:
i. A protected area identified in terms of NEMPAA, excluding conservancies;
ii. National Protected Area Expansion Strategy Focus Areas;
iii. Gauteng Protected Area Expansion Priority Areas;
iv. Sites identified as Critical Biodiversity Areas (CBAs) and Ecological Support Areas (ESAs) in the Gauteng Conservation Plan or in bioregional plans;
v. Sites identified within threatened ecosystems listed in terms of the National Environmental Management Act: Biodiversity Act (Act No. 10 of 2004);
vi. Sensitive areas identified in an environmental management framework adopted by relevant environmental authority;
vii. Sites or areas identified in terms of an International Convention;
viii. Sites managed as protected areas by provincial authorities, or declared as nature reserves in terms of the Nature Conservation Ordinance (Ordinance 12 of 1983) or the National Environmental Management: Protected Areas Act (Act No. 57 of 2003);
ix. Sites designated as nature reserves within municipal SDFs; or
x. Sites zoned for a conservation or public open space or equivalent zoning.
(d) In KwaZulu-Natal:
i. Trans-frontier protected areas managed under international conventions;
ii. Community Conservation Areas;
iii. Biodiversity Stewardship Programme Biodiversity Agreement areas;
iv. World Heritage Sites;
v. In an estuarine functional zone;
vi. In a protected area identified in terms of NEMPAA, excluding conservancies;
vii. Sites or areas identified in terms of an International Convention;
viii. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ix. Core areas in biosphere reserves;
x. Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority, or zoned for a conservation purpose;
xi. Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
xii. Outside urban areas:
(aa) 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 rom the core area of a biosphere reserve; or
(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; or
xiii. In urban areas:
(aa) Areas zoned for use as public open space;
(bb) Areas seawards of the development setback line or within 100 metres from the high-water mark of the sea if no such development setback line is determined; or
(cc) Within urban protected areas.
(e) In North West:
i. A protected area identified in terms of NEMPAA;
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 and 2) as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
(ee) Core areas in biosphere reserves; or
(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; excluding areas where no indigenous vegetation will be cleared; or
iii. In urban areas:
(aa) Areas zoned for use as public open space; or
(bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority, or zoned for a conservation purpose.
(f) In Western Cape:
i. A protected area identified in terms of NEMPAA, excluding conservancies;
ii. In areas containing indigenous vegetation; or
iii. In urban areas:
(aa) Areas zoned for use as public open space; or
(bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority, or zoned for a conservation purpose.

3.

The development of masts or towers of any material or type used for telecommunication broadcasting or radio transmission purposes where the mast or tower—

(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  Free State, 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 Eastern Cape:
i. In an estuarine functional zone;
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; or
(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; or
iii. Inside urban areas; in:
(aa) Areas zoned for use as public open space; or
(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. Gauteng Protected Area Expansion Priority Areas;
iv. Sites identified as Critical Biodiversity Areas (CBAs) and Ecological Support Areas (ESAs) in the Gauteng Conservation Plan or in bioregional plans;
v. Sites identified within threatened ecosystems listed in terms of the National Environmental. Management Act: Biodiversity Act (Act No. 10 of 2004);
vi. Sensitive areas identified in an environmental management framework adopted by relevant environmental authority;
vii. Sites or areas identified in terms of an International Convention;
viii. Sites managed as protected areas by provincial authorities, or declared as nature reserves in terms of the Nature Conservation Ordinance (Ordinance 12 of 1983) or the National Environmental Management: Protected Areas Act (Act No. 57 of 2003);
ix. Sites designated as nature reserves within municipal SDFs;
x. Sites zoned for a conservation or public open space or  zoning; or
xi. Important Bird and Biodiversity Areas.
(d) In KwaZulu-Natal:
i. In an estuarine functional zone;
ii. Trans-frontier protected areas managed under international conventions;
iii. Community Conservation Areas;
iv. World Heritage Sites;
v. Biodiversity Stewardship Programme Biodiversity Agreement areas;
vi. A protected area identified in terms of NEMPAA, excluding conservancies;
vii. Sites or areas identified in terms of an International Convention;
viii. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ix. Core areas in biosphere reserves;
x. Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
xi. Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
xii. Outside urban areas:
(aa) 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; or
(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; or
xiii. In urban areas:
(aa) Areas seawards of the development setback line or within 100 metres from the high-water mark of the sea if no such development setback line is determined;
(bb) Within urban protected areas;
(cc) Areas zoned for use as public open space; or
(dd) Areas within 1 kilometre from protected areas identified in terms of NEMPAA .
(e) In North West:
i. Outside urban areas, in:
(aa) A protected area identified in terms of NEMPAA,;
(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 and 2) as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
(ff) Core areas in biosphere reserves; or
(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 a biosphere reserve, excluding areas where no indigenous vegetation will be cleared; or
ii. In urban areas, the following:
(aa) Areas designated for conservation use in adopted Spatial Development Frameworks, or zoned for a conservation purpose.
(f) In Western Cape:
i. All areas outside urban areas; or
ii. Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority, or zoned for a conservation purpose, within urban areas.

4.

The development of a road wider than 4 metres with a reserve less than 13,5 metres.
(a) In Free State, 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 Eastern Cape:
i. In an estuarine functional zone;
ii. Outside urban areas, in:
(aa) A protected area identified in terms of NEMPAA, excluding disturbed areas;
(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, excluding disturbed areas; or
(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; or
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; or
(cc) Seawards of the development setback line or within urban protected areas.
(c) In Gauteng:
i. A protected area identified in terms of NEMPAA, excluding conservancies;
ii. National Protected Area Expansion Strategy Focus Areas;
iii. Gauteng Protected Area Expansion Priority Areas;
iv. Sites identified as Critical Biodiversity Areas (CBAs) and Ecological Support Areas (ESAs) in the Gauteng Conservation Plan or in bioregional plans;
v. Sites identified within threatened ecosystems listed in terms of the National Environmental Management Act: Biodiversity Act (Act No. 10 of 2004);
vi. Sensitive areas identified in an environmental management framework adopted by relevant environmental authority;
vii. Sites identified as high potential agricultural land in terms of Gauteng Agricultural Potential Atlas;
viii. Important Bird and Biodiversity Area (IBA);
ix. Sites or areas identified in terms of an International Convention;
x. Sites managed as protected areas by provincial authorities, or declared as nature reserves in terms of the Nature Conservation Ordinance (Ordinance 12 of 1983) or the National Environmental Management: Protected Areas Act (Act No. 57 of 2003);
xi. Sites designated as nature reserves within municipal SDFs; or
xii. Sites zoned for a conservation or public open space or equivalent zoning.
(d) In KwaZulu-Natal:
i. In an estuarine functional zone;
i. Trans-frontier protected areas managed under international conventions;
iii. Community Conservation Areas;
iv. Biodiversity Stewardship Programme Biodiversity Agreement areas;
v. World Heritage Sites;
vi. A protected area identified in terms of NEMPAA;
vii. Sites or areas identified in terms of an International Convention;
viii. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ix. Core areas in biosphere reserves;
x. Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
xi. Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
xii. Outside urban areas:
(aa) 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; or
(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; or
xiii. In urban areas:
(aa) Areas zoned for use as public open space;
(bb) Seawards of the development setback line or within 100 metres from the high-water mark of the sea if no such development setback line is determined; or
(cc) Within urban protected areas.
(e) In North West:
i. Outside urban areas, in:
(aa) A protected area identified in terms of NEMPAA;
(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) as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
(ff) Core areas in biosphere reserves; or
(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; or
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; or
(cc) Natural heritage sites.
(f) In Western Cape:
i. Areas outside urban areas;
(aa) Areas containing indigenous vegetation;
(bb) Areas on the estuary side of the development setback line or in an estuarine functional zone where no such setback line has been determined; or
ii. In urban areas:
(cc) Areas zoned for conservation use; or
(dd) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority.

5.

The development 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) 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;
(c) In Free State, Limpopo, Mpumalanga and Northern Cape provinces:
i. In an estuary;
ii. 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; or
(cc) Areas within 100 metres of a watercourse or wetland; or
iii. In urban areas:
(aa) Areas zoned for use as public open space; or
(bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.
(d) In Eastern Cape:
i. In an estuarine functional zone;
ii. 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; or
(cc) Areas within 100 metres of a watercourse or wetland; or
iii. In urban areas:
(aa) Areas zoned for use as public open space; or
(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. A protected area identified in terms of NEMPAA, excluding conservancies;
ii. Gauteng Protected Area Expansion Priority Areas;
iii. Sites identified as Critical Biodiversity Areas (CBAs) and Ecological Support Areas (ESAs) in the Gauteng Conservation Plan or in bioregional plans;
iv. Sensitive areas identified in an environmental
iv. Sensitive areas identified in an environmental management framework adopted by relevant environmental authority;
v. Sites or areas identified in terms of an International Convention
vi. Sites managed as protected areas by provincial authorities, or declared as nature reserves in terms of the Nature Conservation Ordinance (Ordinance 12 of 1983) or the National Environmental Management: Protected Areas Act (Act 57 of 2003);
vii. Important Bird and Biodiversity Area (IBA);
viii. Sites identified as high potential agricultural land in terms of Gauteng Agricultural Potential Atlas;
ix. Sites designated as nature reserves within municipal SDFs; or
x. Sites zoned for a conservation or public open space or equivalent zoning.
(f) KwaZulu-Natal:
i. Trans-frontier protected areas managed under international conventions;
ii. Community Conservation Areas;
iii. Biodiversity Stewardship Programme Biodiversity Agreement areas;
iv. Provincial Protected Area Expansion Strategy Focus areas;
v. In an estuarine functional zone;
vi. World Heritage Sites;
vii. A protected area identified in terms of NEMPAA;
viii. Sites or areas identified in terms of an International Convention;
ix. Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
x. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
xi. Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
xii. Outside 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; or
(bb) Areas within 100 metres of a watercourse or wetland; or
xiii. In urban areas:
(aa) Areas zoned for use as public open space; or
(bb) Areas seawards of the development setback line or within 100m from the high-water mark of the sea if no such development setback line is determined.
(g) 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 2) as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans; or
(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; or
iv. In urban areas:
(aa) Areas zoned for use as public open space; or
(bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.
(h) In Western Cape:
i. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ii. Outside urban areas, in:
(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; or
(cc) Areas on the estuary side of the development setback line or within an estuarine functional zone where no such setback line has been determined.

6.

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

 
(a) In Free State, 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; or
(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; or
iii. In urban areas, the following:
(aa) Areas zoned for use as public open space; or
(bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.
(b) In Eastern Cape:
i. In an estuarine functional zone;
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; or
(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; or
iii. In urban areas, the following:
(aa) Areas zoned for use as publib open space; or
(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) Gauteng Protected Area Expansion Priority Areas;
(iv) Sites identified as Critical Biodiversity Areas (CBAs) and Ecological Support Areas (ESAs) in the Gauteng Conservation Plan or in bioregional plans;
(v) Sites identified within threatened ecosystems listed in terms of the National Environmental Management Act: Biodiversity Act (Act No. 10 of 2004);
(vi) Sensitive areas identified in an environmental management framework adopted by relevant environmental authority;
(vii) Sites or areas identified in terms of an International Convention;
(viii) Sites identified as high potential agricultural land in terms of Gauteng Agricultural Potential Atlas;
(ix) Important Bird and Biodiversity Area (IBA);
(x) Sites managed as protected areas by provincial authorities, or declared as nature reserves in terms of the Nature Conservation Ordinance (Ordinance 12 of 1983) or the National Environmental Management: Protected Areas Act (Act No. 57 of 2003);
(xi) Sites designated as nature reserves within municipal SDFs; or
(xii) Sites zoned for a conservation or public open space or equivalent zoning.
(d) In KwaZulu-Natal:
i. In an estuarine functional zone;
ii. Trans-frontier protected areas managed under international conventions;
iii. Community Conservation Areas;
iv. Biodiversity Stewardship Programme Biodiversity Agreement areas;
v. A protected area identified in terms of NEMPAA, excluding conservancies;
vi. Sites or areas identified in terms of an International Convention;
vii. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
viii. Core areas in biosphere reserves;
ix. World Heritage Sites;
x. Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
xi. Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
xii. Outside urban areas:
(aa) 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;
(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; or
(cc) Areas within 100 metres from the edge of a watercourse; or
xiii. In urban areas:
(aa) Areas zoned for use as public open space;
(bb) Areas seawards of the development setback line or within 100m from the high-water mark of the sea if no such development setback line is determined; or
(cc) Areas within 500 metres from protected areas identified in terms of NEMPAA.
(e) 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 2) as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans; or
(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; or
(iv) In urban areas:
(aa) Areas zoned for use as public open space; or
(bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.
(f) Western Cape:
i. All areas outside urban areas; or
ii. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans.

7.

The development of aircraft landing strips and runways 1.4 kilometres and shorter.

 
(a) In Free State, 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; or
(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; or
iii. In urban areas:
(aa) Areas zoned for use as public open space; or
(bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.
(b) In Eastern Cape:
i. In an estuarine functional zone;
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; or
(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; or
iii. In urban areas:
(aa) Areas zoned for use as public open space; or
(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. Gauteng Protected Area Expansion Priority Areas;
iv. Sites identified as Critical Biodiversity Areas (CBAs) and Ecological Support Areas (ESAs) in the Gauteng Conservation Plan or in bioregional plans;
v. Sites identified within threatened ecosystems listed in terms of the National Environmental Management Act: Biodiversity Act (Act No. 10 of 2004);
vi. Sensitive areas identified in an environmental management framework adopted by relevant environmental authority;
vii. Sites identified as high potential agricultural land in terms of Gauteng Agricultural Potential Atlas;
viii. Sites or areas identified in terms of an International Convention
ix. Sites managed as protected areas by provincial authorities, or declared as nature reserves in terms of the Nature Conservation Ordinance (Ordinance 12 of 1983) or the National Environmental Management: Protected Areas Act (Act No. 57 of 2003);
x. Sites designated as nature reserves within municipal SDFs;
xi. Sites zoned for a conservation or public open space or equivalent zoning; or
xii. Important Bird and Biodiversity Areas.
(d) KwaZulu-Natal:
i. In an estuarine functional zone;
ii. Community Conservation Areas;
iii. Biodiversity Stewardship Programme Biodiversity Agreement areas;
iv. A protected area identified in terms of NEMPAA, excluding conservancies;
v. World Heritage Sites;
vi. Sites or areas identified in terms of an International Convention;
vii. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
viii. Core areas in biosphere reserves;
ix. Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
x. 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;
xi. Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
xii. Outside 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; or
(bb) Areas within 100 metres from the edge of a watercourse; or
xiii. In urban areas:
(aa) Areas zoned for use as public open space; or
(bb) Areas seawards of the development setback line or within 100m high-water mark of the sea if no such development setback line is determined.
(e) In North West:

Outside urban areas, in:

(aa) A protected area identified in terms of NEMPAA,

excluding areas where no indigenous vegetation

will be cleared;

(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

2) 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; or

(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.
(f) In Western Cape:
i. All areas outside urban areas.

8.

The development and related operation of above ground cableways and funiculars.

 
(a) In Eastern Cape, Free State, Limpopo, 'Mpumalanga, and Northern Cape:
i. All areas outside urban areas; or
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; or
(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 Critical Biodiversity Areas (CBAs) and Ecological Support Areas (ESAs) in the Gauteng Conservation Plan or in bioregional plans;
iii. Sites or areas identified in terms of an International Convention;
iv. Sites managed as protected areas by provincial authorities, or declared as nature reserves in terms of the Nature Conservation Ordinance (Ordinance 12 of 1983) or the National Environmental Management: Protected Areas Act (Act No. 57 of 2003);
v. Sites designated as nature reserves within municipal SDFs;
vi. Sites zoned for a conservation or public open space or equivalent zoning; or
vii. Important Bird and Biodiversity Areas.
(c) In KwaZulu-Natal:
i. All areas outside urban areas; or
ii. In urban areas:.
(aa) In an estuarine functional zone;
(bb) A protected area identified in terms of NEMPAA, excluding conservancies;
(cc) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the

competent authority or in bioregional plans;

(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) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
(ff) Areas zoned for use as public open space;
(gg) 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.;
(hh) Areas seawards of the development setback line or within 100 metres from the high-water mark of the sea if no such development setback line is determined; or
(ii) Areas within 500 metres from protected areas identified in terms of NEMPAA.
(d) In North West:
i. All areas outside urban areas; or
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;
(dd) Critical biodiversity areas (Type 1 and 2) 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; or
(ff) Natural heritage sites.
(e) In Western Cape
i. All areas outside urban areas.

9.

The development and related operation of zip- lines or foefieslides

exceeding 100 metres in length.
(a) In Eastern Cape, Free State,  Mpumalanga, Northern Cape:
i. All areas outside urban areas; or
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; or
(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 Critical Biodiversity Areas (CBAs) and Ecological Support Areas (ESAs) in the Gauteng Conservation Plan or in bioregional plans;
iii. Sites or areas identified in terms of an International Convention;
iv. Sites managed as protected areas by provincial authorities, or declared as nature reserves in terms of the Nature Conservation Ordinance (Ordinance 12 of 1983) or the National Environmental Management: Protected. Areas Act (Act No. 57 of 2003);
v. Sites designated as nature reserves within municipal SDFs;
vi. Sites zoned for a conservation or public open space or equivalent zoning; or
vii. Important Bird and Biodiversity Areas.
(c) In North West:
i. All areas outside urban areas; or
ii. In urban areas:
(aa) A protected area identified in terms of NEMPAA, excluding conservancies;
(bb) In an estuarine functional zone;
(cc) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
(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) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
(ff) Areas zoned for use as public open space;
(gg) 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;
(hh) Areas seawards of the development setback line or within 100 metres from the high-water mark of the sea if no such development setback line is determined; or
(ii) Areas within 500 metres from protected areas identified in terms of NEMPAA.
(d) In North West:
i. All areas outside urban areas; or
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;
(dd) Critical biodiversity areas (Type 1 and 2) 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; or
(ff) Natural heritage sites.

10.

The development 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, Mpumalanga and Northern Cape provinces:
i. In an estuary;
ii. Outside urban areas, in:
(aa) A protected area identified in terms of NEMPAA, excluding conservances;
(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; or
(jj) Within 500 metres of an estuary; or
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; or
(cc) Within 500 metres of an estuary.
(b) In Eastern Cape:
i. In an estuarine functional zone;
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; or
(jj) Within 500 metres of an estuarine functional zone; or
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; or
(cc) Within 500 metres of an estuarine functional zone.
(c) In Gauteng:
i. A protected area identified in terms of NEMPAA, excluding conservancies;
ii. National Protected Area Expansion Strategy Focus Areas;
iii. Gauteng Protected Area Expansion Priority Areas;
iv. Sites identified as Critical Biodiversity Areas (CBAs) and Ecological Support Areas (ESAs) in the Gauteng Conservation Plan or in bioregional plans;
v. Sites identified within threatened ecosystems listed in terms of the National Environmental Management Act: Biodiversity Act (Act No. 10 of 2004);
vi. Sensitive areas identified in an environmental management framework adopted by relevant environmental authority;
vii. Sites identified as high potential agricultural land in terms of Gauteng Agricultural Potential Atlas;
viii. Sites or areas identified in terms of an International Convention
ix. Sites managed as protected areas by provincial authorities, or declared as nature reserves in terms of the Nature Conservation Ordinance (Ordinance 12 of 1983) or the National Environmental Management: Protected Areas Act (Act No. 57 of 2003);
x. Sites designated as nature reserves within municipal SDFs; or
xi. Sites zoned for conservation or public open space or equivalent zoning.
(d) In KwaZulu-Natal:
i. In an estuarine functional zone;
ii. Trans-frontier protected areas managed under international conventions;
iii. Community Conservation Areas;
iv. Biodiversity Stewardship Programme Biodiversity Agreement areas;
v. World Heritage Sites;
vi. Within 500 metres of an estuarine functional zone;
vii. A protected area identified in terms of NEMPAA, excluding conservancies;
viii. Sites or areas identified in terms of an International Convention;
ix. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
x. Core areas in biosphere reserves;
xi. Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
xii. Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
xiii. Outside urban areas:
(aa) 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;
(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 determined; or
(cc) Areas within 100 metres from the edge of a watercourse; or
xiv. In urban areas:
(aa) Areas zoned for use as public open space; or
(bb) Areas seawards of the development setback line or within 100 metres from the high-water mark of the sea if no such development setback line is determined;
(e) In Limpopo:
i. All areas.
(f) In North West:
i. Outside urban areas.
(g) In Western Cape:
i. All areas outside urban areas; or
ii. 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; or
(cc) Areas on the estuary side of the development setback line or in an estuarine functional zone where no such setback line has been determined.

11.

The development 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:
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; or
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. Gauteng Protected Area Expansion Priority Areas;
iii. Sites identified as Critical Biodiversity Areas (CBAs) and Ecological Support Areas (ESAs) in the Gauteng Conservation Plan or in bioregional plans;
iv. Sensitive areas identified in an environmental management framework adopted by relevant environmental authority;
v. Sites or areas identified in terms of an International Convention
vi. Sites managed as protected areas by provincial authorities, or declared as nature reserves in terms of the Nature Conservation Ordinance (Ordinance 12 of 1983) or the National Environmental Management: Protected Areas Act (Act No. 57 of 2003);
vii. Important Bird and Biodiversity Area (IBA);
viii. Sites designated as nature reserves within municipal SDFs; or
ix. Sites zoned for conservation or public open space or equivalent zoning.
(d) In KwaZulu-Natal:
i. In an estuarine functional zone;
ii. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
iii. Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
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. Outside urban areas:
(aa) Within areas of indigenous vegetation; or
(bb) 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; or
vi. In urban areas:
(aa) Areas seawards of the development setback line or within 100 metres from the high-water mark of the sea if no such development setback line is determined;
(bb) Areas within 32 metres from the edge of a watercourse; or
(cc) Areas zoned for use as public open space.
(e) In 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; or
iii. Within areas of indigenous vegetation outside urban areas.
(f) In North West:
i. Outside urban areas, in:
(aa) A protected area identified in terms of NEMPAA;
(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 and 2) 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; or
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; or
(cc) Natural heritage sites.
(g) In Western Cape:
i. Areas on the estuary side of the development setback line or in an estuarine functional zone where no such setback line has been determined;
ii. Seawards of the development setback line or within 200 metres of the high water mark of the sea if no such development setback line is determined; or
iii. Areas of indigenous vegetation outside urban areas.

12.

The clearance of an area of 300 square metres or more of indigenous vegetation except where such clearance of indigenous vegetation is required for maintenance purposes undertaken in accordance with a maintenance management plan.

(a) In Eastern Cape, Free State, Gauteng, Limpopo, North West and Western Cape provinces:
i. Within any critically endangered or endangered where such clearance of ecosystem listed in terms of section 52 of the NEMBA or indigenous vegetation is prior to the publication of such a list, within an area that required for maintenance has been identified as critically endangered in the purposes undertaken in National Spatial Biodiversity Assessment 2004;
ii. Within critical biodiversity areas identified in bioregional management plan. plans;
iii. Within the littoral active zone or 100 metres inland from high water mark of the sea or an estuarine functional zone, whichever distance is the greater, excluding where such removal will occur behind the development setback line on erven in urban areas; or
iv. On land, where, at the time of the coming into effect of this Notice or thereafter such land was zoned open space, conservation or had an equivalent zoning.
(b) In KwaZulu-Natal:
i. Trans-frontier protected areas managed under international conventions;
ii. Community Conservation Areas;
iii. Biodiversity Stewardship Programme Biodiversity Agreement areas;
iv. 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;
v. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
vi. Within the littoral active zone or 100 metres inland from high water mark of the sea or an estuarine functional zone, whichever distance is the greater, excluding where such removal will occur behind the development setback line on erven in urban areas;
vii. On land, where, at the time of the coming into effect of this Notice or thereafter such land was zoned open space, conservation or had an equivalent zoning;
viii. A protected area identified in terms of NEMPAA, excluding conservancies;
ix. World Heritage Sites;
x. Sites or areas identified in terms of an International Convention;
xi. Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
xii. Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority; or
xiii. In an estuarine functional zone.
(c) In Mpumalanga:
i. 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;
ii. Within critical biodiversity areas identified in bioregional plans;
iii. Within the littoral active zone or 100 metres inland from high water mark of the sea or an estuarine functional zone, whichever distance is the greater, excluding where such removal will occur behind the development setback line on erven in urban areas; or
iv. On land, where, at the time of the coming into effect of this Notice or thereafter such land was zoned open space, conservation or had an equivalent zoning or proclamation in terms of NEMPAA.


(d) In Northern Cape:
i. 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;
ii. Within critical biodiversity areas identified in bioregional plans;
iii. 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; or
iv. On land, where, at the time of the coming into effect of this Notice or thereafter such land was zoned open space, conservation or had an equivalent zoning.

13.

The development and related operation of facilities of any size for any form of aquaculture.
(a) In Free State, Gauteng, Limpopo, Mpumalanga, Northern Cape, and North West provinces:
i. In an estuary;
ii. In a Protected Area identified in the NEMPAA; or
iii. 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 Eastern Cape:
i. In an estuarine functional zone;
ii. In a Protected Area identified in the NEMPAA; or
iii. 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.
(c) In KwaZulu-Natal:
i. Trans-frontier protected areas managed under international conventions;
ii. Community Conservation Areas;
iii. Biodiversity Stewardship Programme Biodiversity Agreement areas;
iv. In an estuarine functional zone;
v. In a Protected Are.a identified in the NEMPAA;
vi. World Heritage Sites;
vii. 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;
viii. Sites or areas identified in terms of an International Convention;
ix. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
x. Core areas in biosphere reserves;
xi. Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose; or
xii. Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority.
(d) In Western Cape:
i. Areas on the estuary side of the development setback line or in an estuarine functional zone where no such setback line has been determined;
ii. In a Protected area identified in terms of NEMPAA; and
iii. In an aquatic critical biodiversity area.

14.

The development of—

(i) canals exceeding 10 square metres in size ;
(ii) channels exceeding 10 square metres in size;
(iii) CO bridges exceeding 10 square metres in size;
(iv) dams, where the dam, including infrastructure and water surface area exceeds 10 square metres in size;
(v) weirs, where the weir, including infrastructure and water surface area exceeds 10 square metres in size;
(vi) bulk storm water outlet structures exceeding 10 square metres in size;
(vii) marinas exceeding 10 square metres in size;
(viii) jetties exceeding 10 square metres in size;
(ix) slipways exceeding 10 square metres in size;
(x) buildings exceeding 10 square metres in size;
(xi) boardwalks exceeding 10 square metres in size; or
(xii) infrastructure or structures with a physical footprint of 10 square metres or more;

 

where such development occurs–

(a) within a watercourse;
(b) in front of a development setback; or
(c) if no development setback has been adopted, within 32metres of a watercourse, measured from the edge of a watercourse;

 

excluding the development of infrastructure or structures within existing ports or harbours that will not increase the development footprint of the port or harbour.
(a) In Free Sate, 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 if the development setback line or within 1 kilometre from the high-water mark of the sea if no such development setback line is determined; or
iii. In urban areas;
(aa) Areas zoned for use as public open space;
(bb) Areas designated for conservation use in Spacial Development Framework 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. Gauteng Protected Area Expansion Priority Areas;
iv. Sites identified as Critical Biodiversity Areas (CBAs) and Ecological Support Areas (ESAs) in the Gauteng Conservation Plan or in bioregional plans;
v. Sites identified within threatened ecosystems listed in terms of the National Environmental Management Act:Biodiversity Act (Act No. 10 of 2004);
vi. Sensitive areas identified in an environmental management framework adopted by relevant environmental authority;
vii. Sites or areas identified in terms of an International Convention
viii. Sites managed as protected areas by provincial authorities, or declared as nature reserves in terms of the Nature Conservation Ordinance (Ordinance 12 of 1983) or the National Environmental Management: Protected Areas Act (Act No. 57 of 2003);
ix. Sites designated as nature reserves within municipal SDFs; or
x. Sites zoned for conservation or public open space or equivalent zoning.
(c) In Eastern Cape:
i. In an estuarine functional zone;
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; or
(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; or
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.
(d) In KwaZulu-Natal:
i. In an estuarine functional zone;
ii. Community Conservation Areas;
iii. Biodiversity Stewardship Programme Biodiversity Agreement areas;
iv. A protected area identified in terms of NEMPAA, excluding conservancies;
v. World Heritage Sites;
vi. Sites or areas identified in terms of an International Convention;
vii. Critical biodiversity areas or ecological support areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
viii. Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
ix. Core areas in biosphere reserves;
x. Outside urban areas:
(aa) 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; or
(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; or
xi. 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 or within 100 metres from the high-water mark of the sea if no such development setback line is determined.
(e) In North West:
i. Outside urban areas, in:
(aa) A protected area identified in terms of NEMPAA;
(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; or
(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; or
ii. Inside urban areas:
(aa) Areas zoned for use as public open space; or
(bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.
(f) In Western Cape:
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 listed 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; or
(hh) Areas on the estuary side of the development setback line or in an estuarine functional zone where no such setback line has been determined.

15.

The transformation of land bigger than 1000 square metres in size, to residential, retail, commercial, industrial or institutional use, where, such land was zoned open space, conservation or had an equivalent zoning, on or after 02 August 2010.
(a) In Gauteng and North West:
i. All areas.
(b) In Limpopop and Mpumalanga:
i. All areas.
(c) In Western Cape:
i. Outside urban areas, or
ii. Inside urban areas in:
(aa) Areas zoned for conservation use or equivalent zoning, on or after 02 August 2010;
(bb) A protected area identified in terms of NEMPAA, excluding conservancies; or
(cc) Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act as adopted by the competent authority.

16.

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, 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; or
(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 determined; or
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; or
(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. Gauteng Protected Area Expansion Priority Areas;
iv. Sites identified as Critical Biodiversity Areas (CBAs) and Ecological Support Areas (ESAs) in the Gauteng Conservation Plan or in bioregional plans;
v. Sites identified within threatened ecosystems listed in terms of the National Environmental Management Act: Biodiversity Act (Act No. 10 of 2004);
vi. Sensitive areas identified in an environmental management framework adopted by relevant environmental authority;
vii. Sites or areas identified in terms of an International Convention;
viii. Sites managed as protected. areas by provincial authorities, or declared as nature reserves in terms of the Nature Conservation Ordinance (Ordinance 12 of 1983) or the National Environmental Management: Protected Areas Act (Act No. 57 of 2003);
ix. Sites designated as nature reserves within municipal SDFs; or
x. Sites zoned for a conservation or public open space or equivalent zoning.
(c) In KwaZulu-Natal:
i. Trans-frontier protected areas managed under international conventions;
ii. Community Conservation Areas;
iii. Biodiversity Stewardship Programme Biodiversity Agreement areas;
iv. World Heritage Sites;
v. In an estuarine functional zone;
vi. In a protected area identified in terms of NEMPAA, excluding conservancies;
vii. Sites or areas identified in terms of an International Convention;
viii. Critical biodiversity areas as identified in systematic biodiversity plans adopted by'the competent authority or in bioregional plans;
ix. Core areas in biosphere reserves;
x. Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority, or zoned for a conservation purpose;
xi. Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
xii. Outside urban areas:
(aa) 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; or
(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; or
xiii. In urban areas:
(aa) Areas zoned for use as public open space;
(bb) Areas seawards of the development setback line or within 100 meters from the high-water mark of the sea if no such development setback line is determined; or
(cc) Within urban protected areas.
(d) In North West:
i. Outside urban areas, in:
(aa) A protected area identified in terms of NEMPAA;
(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 and 2) as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
(ff) Core areas in biosphere reserves; or
(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; or
ii. Inside urban areas:
(aa) Areas zoned for use as public open space; or
(bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority, or zoned for a conservation purpose.
(e) In Western Cape:
i. A protected area identified in terms of NEMPAA, excluding conservancies;
ii. In areas containing indigenous vegetation; or
iii. In urban areas:
(aa) Areas zoned for use as public open space; or
(bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority, or zoned for a conservation purpose, including residential areas.

17.

The expansion of a resort, lodge, hotel and tourism or hospitality facilities where the development footprint will be expanded.
(a) In  Free State, 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; or
(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; or
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; or
(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 Eastern Cape:
i. In an estuarine functional zone;
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; or
(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; or
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; or
(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.
(c) In Gauteng:
(i) A protected area identified in terms of NEMPAA, excluding conservancies;
(ii) National Protected Area Expansion Strategy Focus Areas;
(iii) Gauteng Protected Area Expansion Priority Areas;
(iv) Sites identified as Critical Biodiversity Areas (CBAs) and Ecological Support Areas (ESAs) in the Gauteng Conservation Plan or in bioregional plans;
(v) Sites identified within threatened ecosystems listed in terms of the National Environmental Management Act: Biodiversity Act (Act No. 10 of 2004);
(vi) Sensitive areas identified in an environmental management framework adopted by relevant environmental authority;
(vii) Sites or areas identified in terms of an International Convention
(viii) Sites identified as high potential agricultural land in terms of Gauteng Agricultural Potential Atlas;
(ix) Sites managed as protected areas by provincial authorities, or declared as nature reserves in terms of the Nature Conservation Ordinance (Ordinance 12 of 1983) or the National Environmental Management: Protected Areas Act (Act No. 57 of 2003);
(x) Sites designated as nature reserves within municipal SDFs; or
(xi) Sites zoned for a conservation or public open space or equivalent zoning.
(d) In KwaZulu-Natal:
i. Trans-frontier protected areas managed under international conventions;
ii. Community Conservation Areas;
iii. Biodiversity Stewardship Programme Biodiversity Agreement areas;
iv. In an estuarine functional zone;
v. A protected area identified in terms of NEMPAA, excluding conservancies;
vi. Sites or areas identified in terms of an International Cofivention;
vii. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
viii. Core areas in biosphere reserves;
ix. World Heritage Sites;
x. Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
xi. Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
xii. Outside urban areas:
(aa) 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;
(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; or
(cc) Areas within 100 metres from the edge of a watercourse; or
xiii. In urban areas:
(aa) Areas zoned for use as public open space;
(bb) Areas seawards of the development setback line or within 100m from the high-water mark of the sea if no such development setback line is determined; or
(cc) Areas within 500 metres from protected areas identified in terms of NEMPAA.
(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) 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; or
(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; or
ii. Inside urban areas:
(aa) Areas zoned for use as public open space; or
(bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.
(f) In Western Cape:
i. A protected area identified in terms of the NEMPAA;
ii. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans; or
iii. All areas outside urban areas.

18.

 

The widening of a road by more than 4 metres, or the lengthening of a road by more than 1 kilometre.
(a) In Free State, 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; or
(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; or
iii. Inside urban areas:
(aa) Areas zoned for use as public open space; or
(bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.
(b) In Eastern Cape:
i. In an estuarine functional zone;
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; or
(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; or
iii. Inside urban areas:
(cc) Areas zoned for use as public open space; or
(dd) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.
(d) In KwaZulu-Natal:
i. Trans-frontier protected areas managed under international conventions;
ii. Community Conservation Areas;
iii. Biodiversity Stewardship Programme Biodiversity Agreement areas;
iv. World Heritage Sites;
v. In an estuarine functional zone;
vi. A protected area identified in terms of NEMPAA;
vii. Sites or areas identified in terms of an International Convention;
viii. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
ix. Core areas in biosphere reserves;
x. Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
xi. Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of - the Act and as adopted by the competent authority;
xii. Outside urban areas:
(aa) 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; or
(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; or
xiii. In urban areas:
(aa) Areas zoned for use as public open space;
(bb) Seawards of the development setback line or within 100 metres from the high-water mark of the sea if no such development setback line is determined; or
(cc) Within urban protected areas.
(e) In North West:
i. Outside urban areas, in:
(aa) A protected area identified in terms of NEMPAA;
(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) as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
(ff) Core areas in biosphere reserves; or
(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; or
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; or
(cc) Natural heritage sites.
(f) In Western Cape:
i. areas outside urban areas:
(aa) Areas containing indigenoUs vegetation;
(bb) Areas on the estuary side of the development setback line or in an estuarine functional zone where no such setback line has been determined; or
ii. In urban areas:
(aa) Areas zoned for conservation use; or
(bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority.

19.

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 Free State, 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 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; or
(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; or
iii. Inside urban areas:
(aa) Areas zoned for use as public open space; or
(bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.
(b) In Eastern Cape:
i. In an estuarine functional zone;
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; or
(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; or
iii. Inside urban areas:
(aa) Areas zoned for use as public open space; or
(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. Gauteng Protected Area Expansion Priority Areas;
iv. Sites identified as Critical Biodiversity Areas (CBAs) and Ecological Support Areas (ESAs) in the Gauteng Conservation Plan or in bioregional plans;
v. Sites identified within threatened ecosystems listed in terms of the National Environmental Management Act: Biodiversity Act (Act No. 10 of 2004);
vi. Sensitive areas identified in an environmental management framework adopted by relevant environmental authority;
vii. Sites identified as high potential agricultural land in terms of Gauteng Agricultural Potential Atlas;
viii. Sites or areas identified in terms of an International Convention ix.        Sites managed as protected areas by provincial authorities, or declared as nature reserves in terms of the Nature Conservation Ordinance (Ordinance 12 of 1983) or the National Environmental Management: Protected Areas Act (Act No. 57 of 2003);
x. Sites designated as nature reserves within municipal SDFs;
xi. Sites zoned for a conservation or public open space or equivalent zoning; or
xii. Important Bird and Biodiversity Areas
(d) In KwaZulu-Natal:
i. Community Conservation Areas;
ii. Biodiversity Stewardship Programme Biodiversity Agreement areas;
iii. In an estuarine functional zone;
iv. A protected area identified in terms of NEMPAA, excluding conservancies;
v. World Heritage Sites;
vi. Sites or areas identified in terms of an International Convention;
vii. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
viii. Core areas in biosphere reserves;
ix. Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
x. 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;
xi. Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
xii. Outside 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; or
(bb) Areas within 100 metres from the edge of a watercourse; or
xiii. In urban areas:
(aa) Areas zoned for use as public open space; or
(bb) Areas seawards of the development setback line or within 100m high-water mark of the sea if no such development setback line is determined.
(e) In North West:
i. Outside urban areas, in:
(aa) A protected area identified in terms of NEMPAA;
(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 2) 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; or
(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.
(f) In Western Cape:
i. All areas outside urban areas.

20.

The expansion and related operation of above ground cableways and funiculars where the development footprint will be increased.
(a) In Free State, Limpopo, Mpumalanga and Northern Cape:
i. In an estuary;
ii. All areas outside urban areas; or
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; or
(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 Eastern Cape:
i. In an estuarine functional zone;
ii. All areas outside urban areas; or
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; or
(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.
(c) In Gauteng:
i. A protected area identified in terms of NEMPAA, excluding conservancies;
ii. Sites identified as Critical Biodiversity Areas (CBAs) and Ecological Support Areas (ESAs) in the Gauteng Conservation Plan or in bioregional plans;
iii. Sites or areas identified in terms of an International Convention;
iv. Sites managed as protected areas by provincial authorities, or declared as nature reserves in terms of the Nature Conservation Ordinance (Ordinance 12 of 1983) or the National Environmental Management: Protected Areas Act (Act No. 57 of 2003);
v. Sites designated as nature reserves within municipal SDFs;
vi. Sites zoned for a conservation or public open space or equivalent zoning; or
vii. Important Bird and Biodiversity Areas.
(d) In KwaZulu-Natal:
i. All areas outside urban areas; or
ii. In urban areas:
(aa) In an estuarine functional zone;
(bb) A protected area identified in terms of NEMPAA, excluding conservancies;
(cc) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
(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) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
(ff) Areas zoned for use as public open space;
(gg) 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;
(hh) Areas seawards of the development setback line or within 100 metres from the high-water mark of the sea if no such development setback line is determined; or
(ii) Areas within 500 metres from protected areas identified in terms of NEMPAA.
(e) In North West:
i. Outside urban areas, in:
(aa) A protected area identified in terms of NEMPAA;
(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 and 2) as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
(ff) Core areas in biosphere reserves; or
(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; or
ii. Inside urban areas:
(aa) Areas zoned for use as public open space; or
(bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority, or zoned for a conservation purpose.
(f) In Western Cape:
i. All areas outside urban areas.

21.

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.

 
(a) In Free State, Limpopo, 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 area of a biosphere reserve; or
(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; or
ii. In urban areas:
(aa) Areas zoned for use as public open space; or
(bb) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.
(b) In Eastern Cape:
i. In an estuarine functional zone; or
ii. Within areas seaward of the development setback line or within 1 kilometre of the high-water mark if no setback line is determined;
(c) In Gauteng:
i. A protected area identified in terms of NEMPAA, excluding conservancies;
ii. Gauteng Protected Area Expansion Priority Areas;
iii. Sites identified as Critical Biodiversity Areas (CBAs) and Ecological Support Areas (ESAs) in the Gauteng Conservation Plan or in bioregional plans;
iv. Sensitive areas identified in an environmental management framework adopted by relevant environmental authority;
v. Sites or areas identified in terms of an International Convention;
vi. Sites managed as protected areas by provincial authorities, or declared as nature reserves in terms of the Nature Conservation Ordinance (Ordinance 12 of 1983) or the National Environmental Management: Protected Areas Act (Act No. 57 of 2003);
vii. Sites designated as nature reserves within municipal SDFs; or
viii. Sites zoned for conservation or public open space or equivalent zoning.
(d) In KwaZulu-Natal
i. In an estuarine functional zone;
ii. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
iii. Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
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. Outside urban areas:
(aa) Within areas of indigenous vegetation; or
(bb) 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; or
vi. In urban areas:
(aa) In areas seawards of the development setback line or within 100 metres from the high-water mark of the sea if no such development setback line is determined;
(bb) Areas within 32 metres from the edge of a watercourse; or
(cc) Areas zoned for use as public open space.
(e) In Northern Cape:
i. In an estuary; or
ii. Within areas seaward of the development setback line or within 1 kilometre of the high-water mark if no setback line is determined;
(f) In North West:
i. Outside urban areas, in:
(aa) A protected area identified in terms of NEMPAA;
(bb) National Protected Area Expansion Strategy Focus areas;
(cc) Sensitive areas as identified in an environmental management framework as contemplated 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 and 2) as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
(ff) Core areas in biosphere reserves; or
(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; or
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; or
(cc) Natural heritage sites.
(g) In Western Cape:
i. Areas on the estuary side of the development setback line or in an estuarine functional zone where no such setback line has been determined;
ii. 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; or
iii. Areas of indigenous vegetation outside urban areas.

22.

The expansion of facilities or infrastructure for the storage, or storage and handling of a dangerous good, where such storage facilities or infrastructure will be expanded by 30 cubic metres or more but no more than 80 cubic metres.
(a) In Free State, 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; or
(jj) Within 500 metres of an estuary; or
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; or
(dd) Within 500 metres of an estuary.
(b) In Eastern Cape:
i. In an estuarine functional zone;
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; or
(jj) Within 500 metres of an estuarine functional zone; or
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; or

(dd) Within 500 metres of an estuarine functional zone.
(c) In Gauteng:
i. A protected area identified in terms of NEMPAA, excluding conservancies;
ii. National Protected Area Expansion Strategy Focus Areas;
iii. Gauteng Protected Area Expansion Priority Areas;
iv. Sites identified as Critical Biodiversity Areas (CBAs) and Ecological Support Areas (ESAs) in the Gauteng Conservation Plan or in bioregional plans;
v. Sites identified within threatened ecosystems listed in terms of the National Environmental Management Act: Biodiversity Act (Act No. 10 of 2004);
vi. Sensitive areas identified in an environmental management framework adopted by relevant environmental authority;
vii. Sites identified as high potential agricultural land in terms of Gauteng Agricultural Potential Atlas;
viii. Important Bird and Biodiversity Area (IBA);
ix. Sites or areas identified in terms of an International Convention;
x. Sites managed as protected areas by provincial authorities, or declared as nature reserves in terms of the Nature Conservation Ordinance (Ordinance 12 of 1983) or the National Environmental Management: Protected Areas Act (Act No. 57 of 2003);
xi. Sites designated as nature reserves within municipal SDFs; or
xii. Sites zoned for conservation or public open space or equivalent zoning.
(d) In KwaZulu-Natal:
i. Trans-frontier protected areas managed under international conventions;
ii. Community Conservation Areas;
iii. Biodiversity Stewardship Programme Biodiversity Agreement areas;
iv. World Heritage Sites;
v. In an estuarine functional zone;
vi. Within 500 metres of an estuarine functional zone;
vii. A protected area identified in terms of NEMPAA, excluding conservancies;
viii. Sites or areas identified in terms of an International Convention;
ix. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
x. Core areas in biosphere reserves;
xi. Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose.
xii. Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
xiii. Outside urban areas:
(aa) 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; or
(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; or
(cc) Areas within 100 metres from the edge of a watercourse; or
xiv. In urban areas:
(aa) Areas zoned for use as public open space; or
(bb) Areas seawards of the development setback line or within 100 metres from the high-water mark of the sea if no such development setback line is determined.
(e) In Limpopo:
i. All areas.
(f) In North West:
i. Outside urban areas.
(g) In Western Cape:
i. All areas outside urban areas; or
ii. 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; or
(cc) Areas on the estuary side of the development setback line or in an estuarine functional zone where no such setback line has been determined.

23.

The expansion of—

(i) canals where the canal is expanded by 10 square metres or more in size;
(ii) channels where the channel is expanded by 10 square metres or more in size;
(iii) bridges where the bridge is expanded by 10 square metres or more in size;
(iv) dams where the dam is expanded by 10 square metres or more in size;
(v) weirs where the weir is expanded by 10 square metres or more in size;
(vi) bulk storm water outlet structures where the structure is expanded by 10 square metres or more in size;
(vii) marinas where the marina is expanded by 10 square metres or more in size;
(viii) jetties where the jetty is expanded by 10 square metres or more in size;
(ix) slipways where the slipway is expanded by 10 square metres or more in size;
(x) buildings where the building is expanded by 10 square metres or more in size;
(xi) boardwalks where the boardwalk is expanded by 10 square metres or more in size;
(xii) infrastructure or structures where the physical footprint is expanded by 10 square metres or more;

 

where such development occurs—

(a) within a watercourse;
(b) in front of development setback adopted in the prescribed manner; or
(c) if not development setback has been adopted, within 32 metres of a watercourse, measured from the edge of a watercourse;

 

excluding the expansion of infrastructure or structures within existing ports or harbours that will no increase the development footprint of the port or harbour.
(a) In Free State, 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. 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 Eastern Cape:
i. In an estuarine functional zone;
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; or

 

(c) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
(d) In Gauteng:
i. A protected area identified in terms of NEMPAA, excluding conservancies;
ii. National Protected Area Expansion Strategy Focus Areas;
iii. Gauteng Protected Area Expansion Priority Areas;
iv. Sites identified as Critical Biodiversity Areas (CBAs) and Ecological Support Areas (ESAs) in the Gauteng Conservation Plan or in bioregional plans;
v. Sites identified within threatened ecosystems listed in terms of the National Environmental Management Act: Biodiversity Act (Act No. 10 of 2004);
vi. Sensitive areas identified in an environmental management framework adopted by relevant environmental authority;
vii. Sites or areas identified in terms of an International Convention;
viii. Sites managed as protected areas by provincial authorities, or declared as nature reserves in terms of the Nature Conservation Ordinance (Ordinance 12 of 1983) or the National Environmental Management: Protected Areas Act (Act No. 57 of 2003); or
ix. Sites designated as nature reserves within municipal SDFs;
x. Sites zoned for conservation or public open space or equivalent zoning.
(e) In KwaZulu-Natal:
i. Community Conservation Areas;
ii. Biodiversity Stewardship Programme Biodiversity Agreement areas;
iii. In an estuarine functional zone;
iv. A protected area identified in terms of NEMPAA, excluding conservancies;
v. World Heritage Sites;
vi. Sites or areas identified in terms of an International Convention;
vii. Critical biodiversity areas or ecological support areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
viii. Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority;
ix. Core areas in biosphere reserves;
x. Outside urban areas:
(aa) 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; or
(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; or
xi. 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 or within 100 metres from the high-water mark of the sea if no such development setback line is determined.
(f) In North West:
i. Outside urban areas, in:
(aa) A protected area identified in terms of NEMPAA;
(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; or
(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; or
ii. Inside urban areas:
(aa) Areas zoned for use as public open space; or
(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. 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 listed 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; or
(hh) Areas on the estuary side of the development setback line or in an estuarine functional zone where no such setback line has been determined.

24.

The expansion and related operation of facilities of any size for any form of aquaculture.
(a) In Free State, Gauteng, Limpopo, Mpumalanga, Northern Cape and North West:
i. In an estuary;
ii. In a Protected Area identified in the NEMPAA; or
iii. 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. In an estuarine functional zone;
ii. In a Protected Area identified in the NEMPAA; or
iii. 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.
(c) In KwaZulu-Natal:
i. Trans-frontier protected areas managed under international conventions;
ii. Community Conservation Areas;
iii. Biodiversity Stewardship Programme Biodiversity Agreement areas;
iv. In an estuarine functional zone;
v. In a Protected Area identified in the NEMPAA;
vi. World Heritage Sites;
vii. 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;
viii. Sites or areas identified in terms of an International Convention;
ix. Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
x. Core areas in biosphere reserves;
xi. Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose; or
xii. Sensitive areas as identified in an environmental management framework as contemplated in chapter 5 of the Act and as adopted by the competent authority.
(d) In Western Cape:
i. Areas on the estuary side of the development setback line or in an estuarine functional zone where no such setback line has been determined;
ii. In a Protected area identified in terms of NEMPAA; and
iii. In an aquatic critical biodiversity area.

25.

The expansion and related operation of zip-lines or foefie-slides, where the zip-line or foefie-slide is expanded by 100 metres in length or more.
(a) In Eastern Cape, Free State, Limpopo, Mpumalanga and Northern Cape:
i. All areas outside urban areas; or
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; or
(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 Critical Biodiversity Areas (CBAs) and Ecological Support Areas (ESAs) in the Gauteng Conservation Plan or in bioregional plans;
iii. Sites or areas identified in terms of an International Convention;
iv. Sites managed as protected areas by provincial authorities, or declared as nature reserves in terms of the Nature Conservation Ordinance (Ordinance 12 of 1983) or the National Environmental Management: Protected Areas Act (Act No. 57 of 2003);
v. Sites designated as nature reserves within municipal SDFs;
vi. Sites zoned for a conservation or public open space or equivalent zoning; or
vii. Important Bird and Biodiversity Areas.
(c) In KwaZulu-Natal
i. All areas outside urban areas; or
ii. In urban areas:
(aa) A protected area identified in terms of NEMPAA, excluding conservancies;
(bb) In an estuarine functional zone;
(cc) Critical biodiversity areas as identified in systematic biodiversity plans adopted by the competent authority or in bioregional plans;
(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) Areas designated for conservation use in Spatial Development Frameworks adopted by the competent authority or zoned for a conservation purpose;
(ff) Areas zoned for use as public open space;
(gg) 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;
(hh) Areas seawards of the development setback line or within 100 metres from the high-water mark of the sea if no such development setback line is determined; or
(ii) Areas within 500 metres from protected areas identified in terms of NEMPAA.
(d) In North West:
i. All areas outside urban areas; or
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;
(dd) Critical biodiversity areas (Type 1 and 2) 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; or
(ff) Natural heritage sites.

26.

Phased activities for all activities—

i. listed in this Notice and as it applies to a specific geographical area, which commenced on or after the effective date of this Notice; or
ii. similarly listed in in any of the previous NEMA notices, and as it applies to a specific geographical area, which commenced on or after the effective date of such previous NEMA Notices —

 

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; —

 

excluding the following activities listed in this Notice—

 

7;

8;

11;

13;

17;

20;

21; and

24.

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