MOST REQUENTLY ASKED QUESTIONS

What are environmental impact assessments (EIA’s)?

A process of identifying and assessing the possible impacts of a listed activity

on the environment providing decision makers with an indication of the likely

impact of the intended activity on the receiving environment.

When is an environmental impact assessment (“EIA”) to be

undertaken?

EIA’s are to be undertaken for listed activities.

What is a “listed activity”?

A listed activity is an activity which is listed in Listing Notices 1, 2 or 3 of the

EIA Regulations.

What is the purpose or meaning of these listing notices?

Activities which are listed in one of these notices require environmental

authorisation prior to the commencement of the activities.

What are some of the activities which are listed?

The development of poultry / pig / fish farms, abattoirs, feedlots, lodges,

residential townships, diesel depots / filling stations, etc;

The construction of dams, bridges, jetties, etc;

The recycling, recovery and or treatment of waste, etc.

What are the consequences of commencing with a listed activity

without the required authorization?

The commencement of a listed activity without the required authorization is a

criminal offence and is followed by a compliance notice from the competent

authority directing the offender to rehabilitate the environment to its former

status on his own cost and within a certain period of time. Criminal

prosecution may follow depending on the seriousness of the offence.

Are there any alternatives to the rehabilitation route?

The offender may apply for rectification in terms of section 24 G of the

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

amended.)

What does a rectification application entail?

The application involves an assessment similar to an EIA but includes the

payment of an administrative fine after which a decision is made whether to

refuse or approve the application.

What are the different types of environmental assessments which can

be followed?

A basic assessment process is followed for an activity / activities listed in

Listing Notices 1 and 3 and a full EIA for activities listed in Listing Notice 2.

What is the timeframe for completion of basic assessment / EIA’s?

Both processes are dictated by procedure to be followed, in terms of the EIA

regulations which have timeframes within which certain steps have to be

completed.

A basic assessment can therefore not be completed in a shorter time than 7

months and a full EIA in a shorter time than 9 months.

Do the EIA regulations make provision for temporary authorisations?

No, it does not.