Public Documents

OVERVIEW OF APPLICABLE SOUTH AFRICAN ENVIRONMENTAL LEGISLATION 

The Environmental Impact Assessment Regulations (EIA Regulations, 2014) published in Government Notice (GN) No. 982 of 4 December 2014 (as amended by GN No. 326 of 7 April 2017) in terms of Chapter 5 of the National Environmental Management Act, 1998 (NEMA, No. 108 of 1998), provide for control over certain listed activities as detailed in:

  • Listing Notice 1 (LN1) (as amended by GN No. 327 of 7 April 2017);
  • Listing Notice 2 (LN2) (as amended by GN No. 325 of 7 April 2017); and
  • Listing Notice 3 (LN3) (as amended by GN No. 324 of 7 April 2017).

The undertaking of activities specified in the Listing Notices is prohibited until Environmental Authorisation has been obtained from the competent authority.

Based on the environmental legislation, for any proposed development where LN1 and LN3 activities will be triggered, an application for Environmental Authorisation will be required to be submitted to the relevant competent authority followed by the completion of a Basic Assessment (BA) process. Where LN2 activities are triggered, an application for Environmental Authorisation will be required  to be submitted to the relevant competent authority followed by the completion of a Scoping and Environmental Impact Assessment (EIA) process. Both processes require that a thorough public participation process is to be conducted, following the submission of the Environmental Authorisation application to the competent authority.

The timeframe for both processes are legislated. A BA process is shorter process - 197 legislated calendar days from the date of submission of the application for Environmental Authorisation until a decision has been issued by the competent authority. A BA process comprises of a BA Report which includes an impact assessment and an Environmental Management Programme (EMPr). This report must be made available for public review and comment prior to submission to the competent authority for their consideration. A Scoping and EIA process is a longer process - 300 calendar days from the date of submission of the application for Environmental Authorisation until a decision has been issued by the competent authority. A Scoping and EIA process comprises of a Scoping Report and an EIA Report which includes an impact assessment and an EMPr. Both of these reports have to be made available for public review and comment followed by the competent authority’s consideration. Only in the event where the Scoping Report has been accepted by the competent authority, and the applicant has been advised to proceed with the tasks in the plan of study for the EIA may the EIA phase of the process commence.

Application processes in support of a Mining Right in terms of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA, No. 28 of 2002), a Water Use Licence (WUL) in terms of the National Water Act, 1998 (NWA, No. 36 of 1998), and a Waste Management Licence in terms of the National Environmental Management: Waste Act, 2008 (NEM:WA, No. of 2008) are integrated with the abovementioned Environmental Authorisation application processes as far as reasonably possible if such additional approvals are required by a project. This page provides access to the above-mentioned documents for our respective projects. You will be asked to register as a stakeholder prior to accessing the public documents. This is to ensure that we are able to keep you informed of the project progress.

Mineral and Petroleum Resources Development Act, 2002 (MPRDA, No. 28 of 2002)
The MPRDA is the central Act governing all mining activities in South Africa and replaced the Minerals Act (No. 50 of 1991). The MPRDA and Mineral and Petroleum Resources Development Regulations (GN No. 527 of 23 April 2004) (MPRDR) requires an operation to obtain a permit or right and to have an Environmental Authorisation, issued in terms of the National Environmental Management Act, 107 (NEMA, No. 107 of 1998), in place prior to the commencement of any prospecting, mining, reconnaissance, exploration or production activities. A key component of an application for a permit or right in terms of the MPRDA is the assessment of potential environmental impacts. A permit or right only comes into effect on the date on which the environmental management programme is approved.

National Water Act, 1998 (NWA, No. 36 of 1998)
The NWA provides for the protection of water resources and the control of entitlements to water use. It sets out certain water uses that require licensing prior to the undertaking thereof (subject to specific exceptions) and makes provision for the duty of care in respect of the prevention and remediation of pollution of water resources. Water uses requiring licensing are included in Section 21 of the NWA and require a Water Use Licence Application in terms of the Regulations Regarding the Procedural Requirements for Water Use Licence Applications and Appeals (GN No. 267 of 24 March 2017).

National Environmental Management: Waste Act, 2008 (NEM:WA, No. of 2008)
The purpose of the NEM:WA is to provide reasonable measures for the prevention of pollution and ecological degradation and to provide for the licensing and control of waste management activities and matters incidental thereto. The Act relies on the cradle-to-grave principle in respect of waste management. As such, waste generators are required to ensure that waste is segregated, transported and disposed of in accordance with the requirements of the Act.

In terms of the NEM:WA, no person may commence, undertake or conduct a waste management activity except in accordance with, inter alia, a waste management license (WML) issued in respect of that activity (if a license is required). Listed waste management activities are included in GN No. 921 of November 2013 as amended by GN No. 1094 of October 2017. Category A listed waste management activities are subject to a Basic Assessment process, and Category B listed waste management activities are subject to a Scoping and EIA process and licensing.

Active Projects

Project Name Public Document Date Published
30 Megawatt Hour Solar Photovoltaic Power Generation Facility at Black Mountain Mine, Aggeneys, Northern Cape, South AfricaBID, BAROctober 8, 2021