Instruments for consultation     |      Instruments adopted     |      Deviations     |      Enquiries

In order to streamline the environmental impact assessment process and to ensure the efficiency in the system the National Environmental Management Act, 1998 (Act No. 107 of 1998) (NEMA), under:

• Section 24(2)(c) and (e) allows for the exclusion of identified activities from the requirement to obtain an environmental authorisation from the competent authority prior to commencement of the activity. These exclusions apply to:

  • to certain geographical areas which based on environmental attributes specified in environmental management instruments adopted in the prescribed manner; and

  • Activities identified in environmental management instruments which have been adopted in the prescribed manner.

• Section 24(5)(a) and 24(5)(b) which provides for the making of regulations for:

  • Laying down among others the procedures to be followed in applying for and issuing of environmental authorisations; and

  • The efficient administration and processing of environmental authorisations.

The manner in which to adopt environmental management instruments has been identified in "The Regulations Laying Down the Procedure to be Followed for the Adoption of Environmental Management Instruments" (Instrument Regulations). Regulation 8 of the Instrument Regulations requires the Minister to keep a register of all environmental management instruments adopted in terms of the Instrument Regulations and to make this register publicly available on the website of the Department of Forestry, Fisheries and the Environment.

The Concise Oxford Dictionary defines a register as "an official list or record." In the context of the Instrument Regulations, this means an official list of the environmental management instruments adopted under the Regulations and any exclusions granted in terms of section 24(2)(c) and (e) of NEMA from the requirement to obtain an environmental authorisation.

This register is being published in order to comply with the requirements of Regulation 8 of the Instrument Regulations, to provide easy access to the adopted environmental management instruments and to identify any deviations in procedures to be followed in applying for or reviewing environmental authorisation applications which must be followed by applicants or competent authorities.

Published in Government Notice No. 542, Government Gazette No. 42380 of 05 April 2019

Instruments for consultation

• National Environmental Management Act (107/1988): consultation on the development and adoption of the KwaZulu-Natal provincial watercourse infrastructure standard and associated excluded activities and proposed exclusion of activities from the requirement to obtain an environmental authorisation [G 50108 – GoN 4362]
  • KwaZulu-Natal (KZN) provincial watercourse infrastructure standard and associated excluded activities [PDF - 992,2 kb]
• Western Cape provincial Sandveld EMF standard and associated excluded activities [PDF - 1mb]
• Generic Environmental Management Programme for the Kruger National Park, version 0 of October 2023 [PDF - 674,04 kb]
  • Kruger National Park management plan - approved plan [PDF - 11.5 mb]
  • Kruger National Park code of conduct [PDF - 919 kb]
• Final Mintech discussion document on the integrated environmental management instruments to facilitate the increased use as decision-support instruments, 09 October 2023 [PDF - 617,4 kb]

Submissions

Members of the public are invited to submit written comments or inputs, within 30 days after the publication of notice in the gazette, to the following address:

By post to:

The Director General         
Department of Environment, Forestry and Fisheries         
Attention: Dr Dee Fischer         
Private Bag X447         
Pretoria         
0001

By hand at:

473 Steve Biko Road         
Arcadia         
0083         
By e-mail: dfischer@dffe.gov.za

Comments or inputs received after the closing date may not be considered

Instruments adopted

• Gauteng Provincial Environmental Management Framework Standard and exclusion of associated activities from the requirement to obtain an environmental authorisation in terms of sections 24(2)(d) and 24(10)(a) read with section 24(10)(d) of the National Environmental Management Act, 1998, for the implementation of the Gauteng Provincial Environmental Management Framework [G 41473 – GoN 164], 02 March 2018 [PDF - 7.4 mb]
• Notice of identification, in terms of section 24(5) of the NEMA, 1998, of a generic environmental management programme relevant to an application for substation and overhead electricity transmission and distribution infrastructure which require environmental authorisation as identified in terms of section 24(2) of the act [G 42323 – GoN 435], 22 March 2019 [PDF - 3.9 mb]
• Generic environmental management programme for the management and mitigation of environmental impacts resulting from the implementation of the Working for Ecosystems projects and the exclusion of these projects from the requirement to obtain an environmental authorisation [G 44173 - GoN 105], 05 February 2021 [PDF - 213 kb]
• Generic environmental management programme for the management and mitigation of environmental impacts resulting from the implementation of the Working for Water projects and the exclusion of these projects from the requirement to obtain an environmental authorisation [G 44173 - GoN 106], 05 February 2021 [PDF - 216 kb]
• Generic environmental management programme for the management and mitigation of environmental impacts resulting from the implementation of the Working for Wetlands projects and the exclusion of these projects from the requirement to obtain an environmental authorisation [G 44173 - GoN 107], 05 February 2021 [PDF - 262 kb]
• Generic environmental management programme for the management and mitigation of environmental impacts resulting from the implementation of the LandCare projects and the exclusion of these projects from the requirement to obtain an environmental authorisation [G 44341 – GoN 276], 29 March 2021 [PDF - 2.3 mb]
• Environmental management instrument and exclusion, in terms of section 24(2)(e) of the National Environmental Management Act, 1998, of phase 1 of the Square Kilometre Array from requirement to obtain environmental authorisation [G 42323 – GoN 436], 22 March 2019 [PDF - 705 kb]
• Generic environmental management programme for development projects within the Atlantis urban area as an environmental management instrument and exclusion of activities identified in terms of section 24(2) (a) and (b) of the act, from the requirement to obtain environmental authorisation if undertaken within the Atlantis Urban Area [G 46208 – Gon 2001], 07 April 2022 [PDF - 241 kb]
• Standard for the development and expansion of power lines and substations within identified geographical areas and the exclusion of this infrastructure from the requirement to obtain an environmental authorisation [G 47095 – GoN 2313], 27 July 2022 [PDF - 1,484 kb]

Deviations

• Notice of identification in terms of section 24(5)(a) and (b) of the National Environmental Management Act, 1998, of the procedure to be followed in applying for environmental authorisation for large scale electricity transmission and distribution development activities identified in terms of section 24(2)(a) of the National Environmental Management Act, 1998 when occurring in geographical areas of strategic importance [G 41445 – GoN 113], 16 February 2018
• Notice of the identification in terms of section 24(5)(a ) of the National Environmental Management Act, 1998, of the procedure to be followed in applying for environmental authorisation for large scale wind and solar photovoltaic energy development activities identified in terms of section 24(2)(a) of the National Environmental Management Act, 1998, when occurring in areas of geographical areas of strategic importance. [G 41445 – GoN 114], 16 February 2018
• Notice of identification in terms of section 24(5) of NEMA, of procedure to be followed in applying for environmental authorisations for large scale wind and photovoltaic development when occurring in geographical areas of strategic importance, i.e.: renewable energy development zones and associated strategic transmission corridors. [G 40785 – GoN 350], 13 April 2017
• Regulations laying down procedure to be followed for the adoption of spatial tools or environmental management instruments contemplated in sections 24(2) (c ) and (e ) of NEMA. [G 40785 – GoN 350], 05 April 2019
• Procedures to be followed for the assessment and minimum criteria for reporting of identified environmental themes in terms of section 24(5)(a) and (h) of the National Environmental Management Act, 1998, when applying for environmental authorisation [G 42946 – GoN 9], 10 January 2020
• Procedures for the assessment and minimum criteria for reporting on identified environmental themes when applying for environmental authorisation [G 43855 – GoN 1150], 30 October 2020
• Identification of geographical areas of strategic importance for development of large scale wind and solar photovoltaic energy facilities [G 44191 - GoN144], 26 February 2021
• Identification of procedures to be followed when applying for or deciding on an environmental authorization application for the development of electricity transmission and distribution infrastructure [G 44191 - GoN 145], 26 February 2021
• Identification in terms of expanded geographical areas of strategic importance for the development of electricity transmission and distribution infrastructure and of procedures to be followed when applying for or deciding on environmental authorisations for large scale electricity transmission or distribution development activities when occurring in geographical areas of strategic importance [G 44504 – GoN 383], 29 April 2021
• Procedures to be followed when applying for or deciding on an environmental authorisation for the development or expansion of gas transmission pipeline infrastructure when occurring in strategic gas pipeline corridors [G 44551 – GoN 411], 07 May 2021

Enquiries

Dr Dee Fischer    
E-mail: dfischer@dffe.gov.za