NATIONAL ENVIRONMENTAL MANAGEMENT ACT: INTENTION TO AMEND THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS 

Title: National Environmental Management Act: Consultation on the Intention to Amend the Environmental Impact Assessment Regulations, Listing Notice 1, Listing Notice 2 and Listing Notice 3 of the Environmental Impact Assessment Regulations, 2014 for Activities Identified in Terms of Section 24(2) and 24D of the Act. 

Gazette reference: GN 3773 in GG 49081 of 4 August 2023. 

Deadline for comments: 4 September 2023. 

On 4 August 2023, the Minister of Forestry, Fisheries and the Environment, in terms of section 24(2), 24(5) and 44, read with section 47 of the NEMA, announced that she intends to amend the Environmental Impact Assessment Regulations, 2014, as amended and Environmental Impact Assessment Regulations Listing Notice 1, 2 and 3 of 2014, as amended. 

These proposed amendments relate, among other things, to the inclusion of mining activities, including EMPr and closure plans.  

A copy of the Notice can be accessed here

NATIONAL ENVIRONMENTAL MANAGEMENT ACT: AMENDMENT TO PROTOCOLS FOR SPECIALIST ASSESSMENT AND REPORT CONTENT REQUIREMENTS FOR ENVIRONMENTAL IMPACTS ON TERRESTRIAL ANIMAL AND PLANT SPECIES  

Title: National Environmental Management Act, 1998: Amendment to the Protocols for the Specialist Assessment and Minimum Report Content Requirements for Environmental Impacts on Terrestrial Animal and Plant Species 

Gazette reference: GN 3717 in GG 49028 of 28 July 2023 

Commencement date: 28 July 2023 

On 28 July 2023, the Minister for Forestry, Fisheries and the Environment, amended the protocols in respect of specialist assessment and minimum report content requirements for environmental impacts on terrestrial animal and terrestrial plant species, by removing the reference to “terrestrial” where it occurs in the protocols. The amendment allows the protocols to apply to all animal and plant species (and not just terrestrial species) as well as providing for minor adjustments to the requirements for compliance statements.  

The amendment is necessary to allow for the protocols to apply to freshwater species (many of which are threatened species). The requirements of the protocols will apply to freshwater species from the date of publication, except where the application provides proof to the competent authority that the specialist assessment affected by these amendments were commissioned prior to the date of publication of the amended protocols, in which case Appendix 6 of the Environmental Impact Assessment Regulations, 2014, will apply to such applications.