Moeijelijk Mine

Applicable Act: Environmental Conservation Act, 73 of 1989

Specific Reference: 2. Offences in respect of animals

29.Offences and penalties

(1) Any person -

(a) who, having been duly summoned to appear at proceedings under section 15, fails without lawful excuse so to appear; or

(b) who, having appeared as a witness at proceedings under section 15, refuses without lawful excuse to be sworn or to make affirmation or to produce any book, document or thing or to answer any question which he may be lawfully required to produce or answer,

shall be guilty of an offence.

(2) Any person -

(a) referred to in section 16(3) who contravenes any provision of a direction issued under section 16(2) or fails to comply therewith; or

(b) who contravenes a provision of section 18(6) or a condition of an exemption in terms of section 18(7),

shall be guilty of an offence and liable on conviction to a fine not exceeding R8 000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

(3) Any person who fails to comply with a direction in terms of section 31A(1) or (2), or prevents any person authorized in terms of section 41A to enter upon such land or hinders him or her in the execution of his or her powers, shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding three months.

[Subs. (3) substituted by s. 18 of Act 79/92 and s. 80 of Act 59/2008]

(4) Any person who contravenes a provision of section 20(1), 20(9), 22(1) or 23(2) or a direction issued under section 20(5) or fails to comply with a condition of a permit, permission, authorisation or direction issued or granted under the said provisions shall be guilty of an offence and liable on conviction to a fine not exceeding R5 million or to imprisonment for a period not exceeding five years and in the case of second or subsequent conviction, to a fine not exceeding R10 million or imprisonment for a period not exceeding 10 years or in both instances to both such fine and such imprisonment, and in addition to a fine not exceeding three times the commercial value of any thing in respect of which the offence was committed.

[Subs. (4) substituted by s. 80 of Act 59/2008, s. 2 of Act 44/2008 and s. 2 of Act 16/2009]

(5) Any person convicted of an offence in terms of this Act for which no penalty is expressly provided, shall be liable to a fine not exceeding R500 000 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

[Subs. (5) substituted by s. 2 of Act 16/2009]

(6) Any person convicted of an offence in terms of this Act, and who after such conviction persists in the act or omission which constituted such offence, shall be guilty of a continuing offence and liable on conviction to a fine not exceeding R1 000 per day or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment in respect of every day on which he or she so persists with such act or omission.

[Subs. (6) substituted by s. 2 of Act 16/2009]

(7) In the event of a conviction in terms of this Act the court may order that any damage to the environment resulting from the offence be repaired by the person so convicted, to the satisfaction of the Minister, the competent authority concerned or the local authority concerned.

(8) If within a period of 30 days after a conviction or such longer period as the court may determine at the time of the conviction, an order in terms of subsection (7) is not being complied with, the Minister, the competent authority concerned or local authorityconcerned may itself take the necessary steps to repair the damage and recover the cost thereof from the person so convicted.

(9) Notwithstanding anything to the contrary in any law contained, a magistrate's court shall be competent to impose any penalty provided for in this Act.

[S. 29 amended by Proc. R29/95]"

Applicable Act: Environment Conservation Act, 73 of 1989 - Noise Control Regulations In Terms Of Section 25 (GN R154)

Specific Reference: 3. General prohibition

3.General prohibition

No person shall-

(a) establish a new township unless the layout plan concerned, if required by a local authority, indicates in accordance with the specifications of the local authority, the existing and future sources of noise, with concomitant dBA values which are foreseen in the township for a period of 15 years following the date on which the erection of the buildings in and around the township commences;

(b) erect educational, residential, flat, hospital, church or office buildings in an existing township within a controlled area, unless acoustic screening measures have been provided in the building to limit the reading on an integrating impulse sound level meter, measured inside the building after completion, to 40 dBA: Provided that any air-conditioning or ventilating system shall be switched off during the course of such noise measurements;

(c) make changes to existing facilities or existing uses of land or buildings or erect new buildings, if it shall in the opinion of a local authority house or cause activities which shall, after such change or erection, cause a disturbing noise, unless precautionary measures to prevent the disturbing noise have been taken to the satisfaction of the local authority;

(d) build a road or change an existing road, or alter the speed limit on a road, if it shall in the opinion of the local authority concerned cause an increase in noise in or near residential areas, or office, church, hospital or educational buildings, unless noise control measures have been taken in consultation with the local authority concerned to ensure that the land in the vicinity of such road shall not be designated as a controlled area;

(e) situate educational, residential, hospital or church erven within a controlled area in a new township or an area which has been rezoned: Provided that such situation may be allowed by the local authority concerned in accordance with the acoustic screening measures mentioned by that local authority in the approved building plans; fail to comply with a directive, instruction or notice issued by a local authority in terms of these Regulations;

(g) notwithstanding the provisions of paragraph (h), stage an organised open-air music festival or similar gathering without the prior consent in writing of a local authority;

(h) subject to the provisions of regulations 4 and 5(a), operate or play a radio, television set,

gramophone, recording device, drum, musical instrument, sound amplifier or similar device producing, reproducing or amplifying sound, or allow it to be operated or played, in a public place, if the noise level, measured at any point which may be occupied by a member of the public, exceeds 95 dBA, unless the following warning is displayed in both official languages and in legible form in a conspicuous place at each entrance to such place:"

Specific Reference: 4. Prohibition of disturbing noise

4.Prohibition of disturbing noise

No person shall make, produce or cause a disturbing noise, or allow it to be made, produced or caused by any person, machine, device or apparatus or any combination thereof."

Specific Reference: 5. Prohibition of noise nuisance

5.Prohibition of noise nuisance

No person shall-

(a) cause a noise nuisance, or allow it to be caused, by operating or playing any radio, television set, drum, musical instrument, sound amplifier, loudspeaker system or similar device producing, reproducing or amplifying sound;

(b) offer any article for sale by shouting or ringing a bell, or by allowing shouting or the

ringing of a bell, in a manner which may cause a noise nuisance;

(c) allow an animal owned or controlled by him to cause a noise nuisance;

(d) build, repair, rebuild, modify, operate or test a vehicle, vessel or aircraft on residential premises, or allow it to be built, repaired, rebuilt, modified, operated or tested, if it may cause a noise nuisance;

(e) use or discharge any explosive, firearm or similar device which emits impulsive sound, or allow it to be used or discharged, if it may cause a noise nuisance, except with the prior consent in writing of the local authority concerned and subject to such conditions as the local authority may deem necessary;

(f) on a piece of land designated by a local authority by means of a notice on that piece of land and in the press in both official languages, or in the air-space above that piece of land-

(i) move about on or in recreational vehicle;

(ii) exercise control over a recreational vehicle; or

(iii) as owner or person in control of the piece of land concerned, allow that on that piece of land, or in the airspace above that piece of land

(aa) is being moved about on or in a recreational vehicle; or

(bb) control is being exercised over a recreational vehicle, if it may cause a noise nuisance;

(g) except in an emergency, emit a sound, or allow a sound to be emitted, by means of a bell, carillon, siren, hooter, static alarm, whistle, loudspeaker or similar device, if it may cause a noise nuisance;

(h) operate any machinery, saw, sander, drill, grinder, lawnmower, power garden implement or similar device in a residential area, or allow it to be operated, if it may cause a noise nuisance;

(i) load, unload, open, shut or in any other way handle a crate, box, container, building material, rubbish container or similar article, or allow it to be loaded, unloaded, opened, shut or handled, if it may cause a noise nuisance;

(j) drive a vehicle on a public road in such a manner that it may cause a noise nuisance."

Specific Reference: 6. Use of measuring instruments

6.Use of measuring instruments

(1) The measurement of dBA values in respect of controlled areas, ambient sound levels or noise levels in terms of these Regulations shall be done as follows:

(a) Outdoor measurements on a piece of land: By placing the microphone of an integrating impulse sound level meter at least 1,2 metres, but not more than 1,4 metres, above the ground and at least 3,5 metres away from walls, buildings or other sound reflecting surfaces; and

(b) indoor measurements in a room or enclosed space, which is not ventilated mechanically: By placing the microphone of an integrating impulse sound level meter at least 1,2 metres, but not more than 1,4 metres, above the floor and at least 1,2 metres away from the wall, with all the windows and outer doors of the room or enclosed space entirely open: Provided that the windows and doors are closed for indoor measurements in rooms or enclosed spaces which are mechanically ventilated.

(2) Any person taking readings, shall ensure that-

(a) the microphone of an integrating impulse sound level meter is at all times provided with a windshield;

(b) the measuring instruments are operated strictly in accordance with the manufacturer’s instructions; and

(c) sound measuring instruments are checked annually by the South African Bureau of Standards or a calibration laboratory approved by the Minister in order to comply with the appropriate specifications for accuracy.

Applicable Act: Conservation of Agricultural Resources Act, 43 of 1983

Specific Reference: 5. Prohibition of the spreading of weeds

5.Prohibition of the spreading of weeds

(1) No person shall -

(a) sell, agree to sell or offer, advertise, keep, exhibit, transmit, send, convey or deliver for sale, or exchange for anything or dispose of to any person in any manner for a consideration, any weed; or

(b) in any other manner whatsoever disperse or cause or permit the dispersal of any weed from any place in the Republic to any other place in the Republic.

(2) (a) If seed, grain, hay or any other agricultural product contains any weed the

executive officer may issue an order that the seed, grain, hay or other agricultural product concerned -

(i) be returned to the place of origin thereof;

(ii) be forwarded to a specified place in order to have the weed concerned removed therefrom; or

(iii) be destroyed in such manner as he may determine.

(b) A copy of any such order shall be served on the owner of the seed, grain, hay or other agricultural product concerned: Provided that a copy of an order referred to in subparagraph (i) of paragraph (a) may be served on the person who has the control of that seed, grain, hay or other agricultural product instead of on the owner thereof.

(c) Any such order shall be executed by the person on whom it has been served within the period specified therein, failing which the executive officer may take such steps for the execution thereof as he may deem necessary.

(d) The costs incurred in connection with the execution thus of such order shall be borne by the owner of the seed, grain, hay or other agricultural product concerned, and may be recovered from him by the executive officer.

(3) (a) If any weed adheres to an animal which is driven on a public road, conveyed in a

vehicle or offered for sale at a livestock auction, the executive officer may issue an order that the weed concerned be removed from that animal.

(b) A copy of any such order shall be served on the owner or on the person who has the control of the animal concerned.

(c) The provisions of subsection (2) (c) and (d) shall mutatis mutandis apply to an order referred to in paragraph (a) of this subsection.

(4) The provisions of subsections (1) and (2) shall not apply with regard to weed which occurs in seed which is conveyed or sold to or is present on the premises of an establishment which is registered in terms of the Plant Improvement Act, 1976 (Act No. 53 of 1976), in respect of the business of the cleansing of propagating material for sale, provided the words “uncleansed seed” or “onskoongemaakte saad” appear on the containers of such seed or on labels attached thereto.

(5) Any person who removes any weed from seed, grain, hay or any other agricultural product or from an animal in terms of any order under subsection (2) or (3) shall deal with it in such manner as will ensure that it will not be able to reproduce itself.

(6) Any person who contravenes any provision of subsection (1) or (5) or fails to execute any order served on him under subsection (2) or (3) shall be guilty of an offence."

Specific Reference: 6, Control measures

6.Control measures

(1) In order to achieve the objects of this Act the Minister may prescribe control measures which shall be complied with by land users to whom they apply.

(2) Such control measures may relate to -

(a) the cultivation of virgin soil;

(b) the utilization and protection of land which is cultivated;

(c) the irrigation of land;

(d) the prevention or control of waterlogging or salination of land;

(e) the utilization and protection of vleis, marshes, water sponges, water courses and water sources;

(f) the regulating of the flow pattern of run-off water;

(g) the utilization and protection of the vegetation;

(h) the grazing capacity of veld, expressed as an area of veld per large stock unit;

(i) the maximum number and the kind of animals which may be kept on veld;

(j) the prevention and control of veld fires;

(k) the utilization and protection of veld which has burned;

(l) the control of weeds and invader plants;

(m) the restoration or reclamation of eroded land or land which is otherwise disturbed or denuded;

(n) the protection of water sources against pollution on account of farming practices;

(o) the construction, maintenance, alteration or removal of soil conservation works or other structures on land; and

(p) any other matter which the Minister may deem necessary or expedient in order that the objects of this Act may be achieved, and the generality of this provision shall not be limited by the preceding paragraphs of this subsection.

(3) A control measure may -

(a) contain a prohibition or an obligation with regard to any matter referred to in subsection (2);

(b) provide that the executive officer may exempt a person from such prohibition or obligation by means of a written consent;

(c) prescribe the procedure with regard to the lodging of an application for such written consent.

(4) Different control measures may be prescribed in respect of different classes of land users or different areas or in such other respects as the Minister may determine.

(5) Any land user who refuses or fails to comply with any control measure which is binding on him, shall be guilty of an offence."

Applicable Act: Conservation Of Agricultural Resources Act, 43 of 1983 - Regulations (GNR 1048)

Specific Reference: 12. Prevention and control of veld fires

12.Prevention and control of veld fires

(1) Except on authority of written permission by the executive officer, no land user shall-

(a) burn any veld on his farm unit; and

(b) utilise as grazing any veld on his farm unit that has burned.

(2) The provisions of regulation (2) and (3) shall apply mutatis mutandis with regard to an application for a permission referred to in subregulation (1): Provided that-

(a) such application shall be submitted at least 30 days prior to the intended date of burning or grazing, as the case maybe; and

(b) a permission referred to in subregulation (1) (a) -

(i) shall not be issued unless the executive officer is satisfied that the burning of veld is an accepted veld management practice in the area within which the farm unit concerned is situated, or that exceptional circumstances prevail on the farm unit concerned;

(ii) shall be issued only if the veld concerned is to be burned during periods of which particulars are available at the extension office concerned; and

(iii) shall be issued subject to the provisions of the Forest Act, 1968 (Act 72 of 1968)."

Specific Reference: 15. Declaration of weeds and invader plants

15.Declaration of weeds and invader plants

(1) Plants of the kinds specified in column 1 of Table 3 as category 1 plants are hereby declared weeds to the extent indicated in column 3 of the said Table opposite the names of the respective kinds of plants.

(2) Plants of the kinds specified in column 1 of Table 3 as category 2 plants and as category 3 plants are hereby declared invader plants to the extent indicated in column 3 of the said Table opposite the names of the respective kinds of plants

[Reg. 15 substituted by GN R280/2001]"

Specific Reference: 15A. Combating of category 1 plants

15A.Combating of category 1 plants

(1) Category 1 plants may not occur on any land or inland water surface other than in biological control reserves.

(2) A land user shall control any category 1 plants that occur on any land or inland water surface in contravention of the provisions of sub-regulation (1) by means of the methods prescribed in regulation 15E.

(3) No person shall, except in or for purposes of a biological control reserve -

(a) establish, plant, maintain, multiply or propagate category 1 plants;

(b) import or sell propagating material of category 1 plants or any category 1 plants;

(c) acquire propagating material of category 1 plants or any category 1 plants.

(4) The executive officer may, on good cause shown in writing by the land user, grant written exemption from compliance with the requirements of sub-regulation (1) on such conditions as the executive officer may determine in each case.

[Reg. 15A inserted by GN R280/2001]"

Specific Reference: 15B. Combating of category 2 plants

15B.Combating of category 2 plants

(1) Category 2 plants may not occur on any land or inland water surface other than a demarcated area or a biological control reserve.

(2) (a) The executive officer may on application in writing demarcate an area as an area

where category 2 plants may occur, be established and be maintained.

(b) An area in respect of which a water use license for stream flow reduction activities has been issued in terms of section 36 of the National Water Act, 1998 (Act No. 36 of 1998) shall be deemed to be a demarcated area.

(3) The executive officer shall demarcate an area for the occurrence, establishment and maintenance of category 2 plants only if -

(a) the category 2 plants in the area are cultivated under controlled circumstances; and

(b) the land user concerned has been authorised to use water in terms of the National Water Act, 1998 (Act No. 36 of 1998); and

(c) the category 2 plants or products of category 2 plants in the area are demonstrated to primarily serve a commercial purpose, use as a woodlot, shelter belt, building material, animal fodder, soil stabilisation, medicinal or other beneficial function that the executive officer may approve; and

(d) all reasonable steps are taken to curtail the spreading of propagating material of the category 2 plants outside the demarcated areas.

(4) When an area is demarcated for the occurrence, establishment and maintenance of category 2 plants the executive officer may impose such additional conditions as may reasonably be deemed necessary to keep the category 2 plants in the area in check.

(5) No person shall sell propagating material of category 2 plants or any category 2 plants to another person unless such other person is a land user of a demarcated area or of a biological control reserve.

(6) No person shall acquire propagating material of category 2 plants or any category 2 plants unless such material or such plants are intended for use in a demarcated area or in a biological control reserve.

(7) Propagating material of category 2 plants or category 2 plants shall only be imported or sold in accordance with the provisions of the Plant Improvement Act, 1976 (Act No. 53 of 1976), the Agricultural Pests Act, 1983 (Act No. 36 of 1983) and the environment conservation regulations.

(8) A land user shall control any category 2 plants that occur on any land or inland water surface in contravention of the provisions of sub-regulation (1) by means of the methods prescribed in regulation 15E.

(9) Unless authorised thereto in terms of the National Water Act, 1998 (Act No. 36 of 1998), no land user shall allow category 2 plants to occur within 30 meters of the 1:50 year flood line of a river, stream, spring, natural channel in which water flows regularly or intermittently, lake, dam or wetland.

(10) The executive officer may, on good cause shown in writing by the land user, grant written exemption from compliance with one or more of the requirements of sub-regulations (1), (3), (5), (6), (8) and (9) on such conditions as the executive officer may determine in each case.

[Reg. 15B inserted by GN R280/2001]"

Specific Reference: 15C. Combating of category 3 plants

15C.Combating of category 3 plants

(1) Category 3 plants shall not occur on any land or inland water surface other than in a biological control reserve.

(2) Subject to the provisions of sub-regulation (3), the provisions of sub-regulation (1) shall not apply in respect of category 3 plants already in existence at the time of the commencement of these regulations.

(3) (a) No land user shall allow category 3 plants to occur within 30 meters of the 1:50

year flood line of a river, stream, spring, natural channel in which water flows regularly or intermittently, lake, dam or wetland.

(b) The executive officer may impose such additional conditions as may reasonably be deemed necessary with regard to category 3 plants already in existence at the time of the commencement of these regulations.

(c) A land user must take all reasonable steps to curtail the spreading of propagating material of category 3 plants.

(d) The executive officer may, after consultation with the land user, issue a direction in terms of section 7of the Act that category 3 plants in existence at the time of the commencement of these regulations must be controlled by means of the measures prescribed in regulation 15F.

(4) No person shall, except in or for purposes of a biological control reserve -

(a) plant, establish, maintain, multiply or propagate category 3 plants;

(b) import or sell propagating material of category 3 plants or any category 3 plants;

(c) acquire propagating material of category 3 plants or any category 3 plants.

(5) The executive officer may, on good cause shown in writing by the land user, grant written exemption from compliance with one or more of the requirements of sub-regulations (1), (3) and (4) on such conditions as the executive officer may determine in each ease.

[Reg. 15C inserted by GN R280/2001]"

Specific Reference: 15E. Methods of control

15E.Methods of control

(1) Where category 1, 2 or 3 plants occur contrary to the provisions of these regulations, a land user shall control such plants by means of one or more of the following methods of control as is appropriate for the species concerned and the ecosystem in which it occurs:

(a) Uprooting, felling, cutting or burning;

(b) Treatment with a weed killer that is registered for use in connection with such plants in accordance with the directions for the use of such a weed killer;

(c) Biological control carried out in accordance with the stipulations of the Agricultural Pests Act, 1983 (Act No. 36 of 1983), the Environment Conservation Act, 1989 (Act No. 73 of 1989) and any other applicable legislation;

(d) Any other method of treatment recognised by the executive officer that has as its object the control of the plants concerned, subject to the provisions of sub-regulation (4);

(e) A combination of one or more of the methods prescribed in paragraphs (a), (b), (c), and (d), save that biological control reserves and areas where biological control agents are effective shall not be disturbed by other control methods to the extent that the agents are destroyed or become ineffective.

(2) The methods contemplated in sub-regulation (1) shall also be applied with regard to the propagating material and the re-growth of category 1, 2 and 3 plants in order to prevent such plants from forming seed or re-establishing in any manner.

(3) The performance of an act of control is not in itself proof that the objects of the control methods have been achieved and follow-up operations are mandatory to achieve the appropriate level of combating.

(4) Where uncertainty exists about the presence or efficacy of any biological control agent, a biological control expert shall be consulted.

(5) Any action taken to control category 1, 2 and 3 plants shall be executed with caution and in a manner that will cause the least possible damage to the environment.

[Reg. 15E inserted by GN R280/2001]"

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002 - Mineral and Petroleum Resources Development Regulations (GN R527 of 2004)

Specific Reference: GN R527, regulation 71

Toilet facilities shall be located in such a manner that no water or other pollution is caused. No person shall pollute the workings with faeces or urine or misuse the facilities provided or inappropriately foul the surrounding environment with faeces or urine. Acceptable hygienic and aesthetic practices must be adhered to.

Applicable Act: Regulations requiring that the taking of water for irrigation purposes be measured, recorded and reported

Specific Reference: NWA: GN 131

The Regulations prescribe requirements and procedures to be followed to measure the water taken from water resources, including in- stream dams, by water users who are required to measure the water that they take for irrigation purposes. A water user who is required to measure water that is taken from a water resource or who is required to install and operate a water measuring device to measure water taken from a water resource must, at the water user’s expense install, maintain and use a water measuring device in compliance with regulation 5.

Applicable Act: Regulations on use of water for mining and related activities aimed at the protection of water resources

Specific Reference: NWA: GN 704

These regulations discuss various aspects related to the use of water during mining related activities, including:

- Restrictions on locality;

- Restrictions on use of material;

- Capacity requirements of clean and dirty water systems; - Protection of water resources;

- Additional regulations for rehabilitation of coal residue deposits; and

- Technical investigation and monitoring.

Applicable Act: National Water Act 36 of 1998

Specific Reference: NWA, chapter 13

Part 1 of this Chapter allows authorised persons to enter and inspect property for a number of purposes associated with implementing this Act. The rights of property owners are protected in that only authorised persons may enter and inspect property; authorised persons must carry a certificate of authorisation and must produce that certificate on request; in certain circumstances notice of entry must be given and the consent of the person owning or occupying the property must be obtained before entry; and in certain circumstances a warrant must be obtained prior to entry.

Applicable Act: National Water Act 36 of 1998

Specific Reference: NWA, chapter 8

This Chapter deals with the establishment, powers and disestablishment of water user associations. Although water user associations are water management institutions their primary purpose, unlike catchment management agencies, is not water management. They operate at a restricted localised level, and are in effect co-operative associations of individual water users who wish to undertake water related activities for their mutual benefit. A water user association may exercise management powers and duties only if and to the extent these have been assigned or delegated to it. The Minister establishes and disestablishes water user associations according to procedures set out in the Chapter. A water user association for a particular purpose would usually be established following a proposal to the Minister by an interested person, but such an association may also be established on the Minister’s initiative. The functions of a water user association depend on its approved constitution, which can be expected to conform to a large extent to the model constitution in Schedule 5. This Schedule also makes detailed provisions for the management and operation of water user associations. Although water user associations must operate within the framework of national policy and standards, particularly the national water resource strategy, the Minister may exercise control over them by giving them directives or by temporarily taking over their functions under particular circumstances. Existing irrigation boards, subterranean water control boards and water boards established for stock watering purposes will continue in operation until they are restructured as water user associations.

Applicable Act: National Water Act 36 of 1998

Specific Reference: NWA, section 80

Subject to Chapter 2 and section 79, upon the establishment of a catchment management agency, the initial functions of a catchment management agency are -

(a) to investigate and advise interested persons on the protection, use, development, conservation, management and control of the water resources in its water management area;

(b) to develop a catchment management strategy;

(c) to co-ordinate the related activities of water users and of the water management institutions within its water management area;

(d) to promote the co-ordination of its implementation with the implementation of any applicable development plan established in terms of the Water Services Act, 1997 (Act No. 108 of 1997); and

(e) to promote community participation in the protection, use, development, conservation, management and control of the water resources in its water management area.

Applicable Act: National Water Act 36 of 1998

Specific Reference: NWA, chapter 4 part 3

This chapter deals with all aspects related to existing lawful water uses. An existing lawful water use means a water use which has taken place at any time during a period of two years immediately before the Commencement date of this Act and which

(i) was authorised by or under any law which was in force immediately before the Commencement date of this Act;

(ii) is a stream flow reduction activity contemplated in section 36 (1); or

(iii) is a controlled activity contemplated in section 37 (1); or

(b) which has been declared an existing lawful water use under section 33."

Applicable Act: Minerals Act, 50 of 1991 - GN R992 - Regulations in Terms of Section 63

Specific Reference: MA, Reg 5.8.2

No person shall enter, or cause or permit any other person to enter any accumulation of water or mud other than an accumulation known to be insignificant unless such person is secured by a lifeline or otherwise suitably safeguarded

Applicable Act: Minerals Act, 50 of 1991 - GN R992 - Regulations in Terms of Section 63

Specific Reference: MA, Reg 5.9.1

Water containing poisonous or injurious matter in suspension or solution must be effectually fenced off to prevent inadvertent access to it, and notice boards shall be put up in suitable places to warn persons from making use of such water

Applicable Act: Minerals Act, 50 of 1991 - GN R992 - Regulations in Terms of Section 63

Specific Reference: MA, Reg 7.8.3

No person shall enter, or cause or permit any other person to enter, an accumulation of water in the workings of a mine, other than an accumulation known to be insignificant, unless he or such other person is secured by a lifeline or wears a lifebelt or lifejacket

Applicable Act: OHSA: GNR 84 - 07 February 2014, Construction Regulations

Specific Reference: OHSA: GNR 84 of 7/2/2014, regulation 26

(1) A contractor must ensure that where construction work is done over or in close proximity to water, provision is made for-

(a) preventing persons from falling into water; and

(b) the rescuing of persons in danger of drowning.

(2) A contractor must ensure that where a person is exposed to the risk of drowning by falling into the water, the person is provided with and wears a lifejacket.

Applicable Act: National Water Act 36 of 1998

Specific Reference: NWA, chapter 12

Definitions In this Chapter -

(a) “approved professional person” means a person registered in terms of the Engineering Profession of South Africa Act, 1990 (Act No. 114 of 1990), and approved by the Minister after consultation with the Engineering Council of South Africa (established by section 2 of that Act);

(b) “dam” includes any existing or proposed structure which is capable of containing, storing or impounding water (including temporary impoundment or storage), whether that water contains any substance or not;

(c) “dam with a safety risk” means any dam -

(i) which can contain, store or dam more than 50 000 cubic metres of water, whether that water contains any substance or not, and which has a wall of a vertical height of more than five metres, measured as the vertical difference between the lowest downstream ground elevation on the outside of the dam wall and the nonoverspill crest level or the general top level of the dam wall;

(ii) belonging to a category of dams declared under section 118 (2) to be dams with a safety risk; or

(iii) declared under section 118 (3) (a) to be a dam with a safety risk;

(d) “owner of a dam” or “owner of a dam with a safety risk” includes the person in control of that dam; and

(e) “task” includes a task relating to designing, constructing, altering, repairing, impounding water in, operating, evaluating the safety of, maintaining, monitoring or abandoning a dam with a safety risk.

Control measures for dam with safety risk (1) The owner of a dam must -

(a) within the period specified, provide the Minister with any information, drawings, specifications, design assumptions, calculations, documents and test results requested by the Minister; or

(b) give any person authorised by the Minister access to that dam, to enable the Minister to determine whether -

(i) that dam is a dam with a safety risk;

(ii) that dam should be declared to be a dam with a safety risk;

(iii) a directive should be issued for specific repairs or alterations to that dam; or

(iv) the owner has complied with any provisions of this Act applicable to that dam.

(2) The Minister may by notice in the Gazette declare a category of dams to be dams with a safety risk.

(3) The Minister may -

(a) by written notice to the owner of a dam, declare that dam to be a dam with a safety risk;

(b) direct the owner of a dam with a safety risk to submit, at the owner’s cost, and within a period specified by the Minister, a report by an approved professional person regarding the safety of that dam; or

(c) direct the owner of a dam with a safety risk to undertake, at the owner’s cost, and within a period specified by the Minister, any specific repairs or alterations to that dam which are necessary to protect the public, property or the resource quality from a risk of failure of the dam.

(4) If the owner of the dam fails to comply with the directive contemplated in subsection (3) (c) within the period specified, the Minister may undertake the repairs or alterations and recover the costs from the owner.

(5) Before issuing a directive, the Minister must -

(a) be satisfied that the repairs or alterations directed are necessary, adequate, effective and appropriate to reduce the risk to an acceptable level; and

(b) consider the impact on public safety, property, the resource quality and socio-economic aspects if the dam fails.

Responsibilities of approved professional persons

(1) When carrying out a task in terms of this Chapter, an approved professional person also has a duty of care towards the State and the general public.

(2) An approved professional person appointed to carry out a task on a dam must -

(a) ensure that the task is carried out according to acceptable dam engineering practices;

(b) keep the prescribed records;

(c) compile the prescribed reports; and

(d) where the task includes constructing, altering or repairing a dam, issue a completion certificate to the owner of the dam to the effect that the task on that dam has been carried out according to the applicable design, drawings and specifications.

(3) An approved professional person appointed to carry out a dam safety evaluation must -

(a) consider whether the safety norms pertaining to the design, construction, monitoring, operation, performance and maintenance of the dam satisfy acceptable dam engineering practices; and

(b) compile a report on the matters contemplated in paragraph (a) according to the prescribed requirements and submit the signed and dated report to the owner of the dam within the prescribed period.

Registration of dam with safety risk

(1) The owner of a dam with a safety risk must register that dam.

(2) An application for registration must be made within 120 days -

(a) after the date on which the dam with a safety risk becomes capable of containing, storing or impounding water;

(b) after the date on which an already completed dam is declared to be a dam with a safety risk; or

(c) after publication of a notice declaring a category of dams to be dams with a safety risk, as the case may be.

(3) A successor-in-title to an owner of a dam with a safety risk must promptly inform the Director-General of the succession, for the substitution of the name of the owner.

Factors to be considered in declaring dam or category of dams with safety risk In declaring a category of dams or a dam to be a category of dams or a dam with a safety risk, the Minister must consider -

(a) the need to protect the public, property and the resource quality against the potential hazard posed by the dam or category of dams;

(b) the extent of potential loss or harm involved; (c) the cost of any prescribed measures and whether they are reasonably achievable;

(d) the socio-economic impact if such a dam fails; and

(e) in the case of a particular dam, also -

(i) the manner in which that dam is designed, constructed, altered, repaired, operated, inspected, maintained or abandoned;

(ii) the person by whom that dam is designed, constructed, altered, repaired, operated, inspected, maintained or abandoned; and

(iii) the manner in which the water is contained, stored or impounded in that dam.

Exemptions

(1) The Minister may exempt owners of dams belonging to certain categories, by notice in the Gazette, from compliance with any provision of this Chapter or any regulation made under this Chapter, on conditions determined by the Minister.

(2) The Minister may in writing exempt an owner of a dam belonging to a certain category from compliance with any provision of this Chapter on conditions determined by the Minister.

(3) The Minister may withdraw the exemption or impose further or new conditions in respect of the exemption.

(4) Before deciding on an exemption, the Minister must consider -

(a) the degree of risk or potential risk posed by the dam or category of dams to public safety, property and the resource quality;

(b) the manner of design, construction, alteration, repair, impoundment of water in, operation or abandonment of the dam or category of dams;

(c) the supervision involved in the dam or category of dams;

(d) alternative measures proposed for regulating the design, construction, alteration, repair, operation, maintenance, impoundment of water in, inspection or abandonment of the dam or category of dams and the effectiveness of these measures;

(e) the knowledge and expertise of the persons involved in any task relating to the dam or category of dams;

(f) the costs relating to the dam or category of dams;

(g) any security provided or intended to be provided for any damage which could be caused by the dam or category of dams; and

(h) whether the dam or category of dams are permitted in terms of a licence or any other authorisation issued by or under any other Act.

Regulations regarding dam safety

(1) The Minister may make regulations -

(a) for the establishment of a register of approved professional persons for dealing with dams with a safety risk -

(i) providing for -

(aa) different classes of approved professional persons;

(bb) the tasks or category of tasks which each class of approved professional persons may perform; and

(cc) the conditions under which each class of approved professional persons may perform any task or category of tasks;

(ii) concerning the requirements for admission to each class;

(iii) setting out, in respect of each class, the procedure for -

(aa) approval;

(bb) withdrawal of an approval; and

(cc) suspension of an approval; and

(iv) providing for a processing fee for an approval;

(b) regulating the approval of a person as an approved professional person for a specific task -

(i) setting out the procedure for approval;

(ii) setting out the procedure for cancelling an approval;

(iii) requiring that the approved person be assisted in the task by another person or a group of persons with specific experience and qualifications; and

(iv) providing for a processing fee for an approval;

(c) in respect of dams with a safety risk -

(i) classifying such dams into categories;

(ii) requiring the owner of a dam of a specific category to appoint an approved professional person to -

(aa) design that dam or any repair, alteration or abandonment of the dam;

(bb) ensure that a task is carried out according to the applicable design, drawings and specifications; and

(cc) carry out dam safety evaluations on the dam;

(iii) requiring that licences be issued by the Minister before any task relating to a specific category of dams may commence, and the conditions, requirements and procedure to obtain any specific licence;

(iv) laying down licence conditions and requirements that must be met when carrying out a task on a specific category of dams;

(v) requiring an approved professional person, appointed for a dam of a specific category, to keep records of information and drawings, and to compile reports;

(vi) requiring -

(aa) an owner of a dam belonging to a specific category of dams; and

(bb) an approved professional person appointed for a specific task for a specific dam, to submit information, drawings, reports and manuals;

(vii) determining the duties of -

(aa) an owner of a dam belonging to a specific category of dams; and

(bb) an approved professional person appointed for a specific task for a specific dam;

(d) requiring the owner of a dam with a safety risk to accomplish regular monitoring of the dam, to the extent and manner prescribed;

(e) requiring the registration of a specific dam with a safety risk, and setting out the procedure and the processing fee payable for registration; and

(f) specifying time periods that must be complied with.

(2) In making regulations under subsection (1) (a), the Minister must consider -

(a) the expertise required for the effective design, construction, alteration, repair, operation, maintenance and abandonment of a dam in the category concerned; and

(b) the qualifications and experience needed to provide the expertise for a particular category of tasks.

(3) Before making regulations under subsection (1), the Minister must consult the Engineering Council of South Africa, established by section 2 of the Engineering Profession of South Africa Act, 1990 (Act No. 114 of 1990), and any other appropriate statutory professional bodies.

Applicable Act: Regulations regarding the safety of dams in terms of section 123(1) of the National Water Act 36 of 1998

Specific Reference: NWA: GNR139

These regulations deals with various aspects related to dam safety at dams with a safety risk.

Useful Links: Link to National Water Act, 36 of 1998 - Regulations Regarding the Safety of Dams in terms of Section 123(1) of the National Water Act, 1998

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MHSA, Reg 10.2

(1) The employer must take reasonable measures to ensure that no person is injured as a result of the failure of any dam wall, plug or barricade keeping back water underground due to inappropriate design, sub-standard construction, or inadequate inspection and maintenance of such dam wall, plug or barricade.

(2) The measures to be taken by the employer to comply with regulation 10.2(1) above, must include measures to ensure that-

(a) any dam wall, plug or other barricade keeping back water underground, where the product of the capacity in cubic meters and the hydraulic head in meters of the dam storing water underground and of which they form part, exceeds 50 000, is designed by and constructed under the supervision of a competent person;

(b) any dam wall, plug or barricade contemplated in sub-regulation above is maintained by a competent person;

(c) any dam wall, plug or other barricade keeping back water underground, where the product of the capacity in cubic meters and the hydraulic head in meters of the dam storing water underground and of which they form part, does not exceed 50 000, is designed, constructed, inspected and maintained under the supervision of a competent person; and

(d) all design calculations and drawings of dam walls, plugs and barricades and mine plans indicating the exact position of such dam walls, plugs and barricades are stored safely for the life of such dam walls, plugs and barricades and are readily available.

(3) The employer must:

(a) take reasonably practicable measures to prevent persons from being injured by the unintentional release of water and hydraulic pressure from any dam storing water underground; and

(b) prepare and implement a procedure to prevent injury to persons involved with the installation, construction, inspection, testing and maintenance of the following hydraulic pressure systems - (iv) dam water and sludge systems or (vii) high pressure pumping installations

Applicable Act: Regulations regarding the safety of dams in terms of section 123(1) of the National Water Act 36 of 1998

Specific Reference: NWA: GNR139

These regulations deals with various aspects related to dam safety at dams with a safety risk.

Useful Links: Link to National Water Act, 36 of 1998 - Regulations Regarding the Safety of Dams in terms of Section 123(1) of the National Water Act, 1998

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MHSA, Reg 10.2

(1) The employer must take reasonable measures to ensure that no person is injured as a result of the failure of any dam wall, plug or barricade keeping back water underground due to inappropriate design, sub-standard construction, or inadequate inspection and maintenance of such dam wall, plug or barricade.

(2) The measures to be taken by the employer to comply with regulation 10.2(1) above, must include measures to ensure that-

(a) any dam wall, plug or other barricade keeping back water underground, where the product of the capacity in cubic meters and the hydraulic head in meters of the dam storing water underground and of which they form part, exceeds 50 000, is designed by and constructed under the supervision of a competent person;

(b) any dam wall, plug or barricade contemplated in sub-regulation above is maintained by a competent person;

(c) any dam wall, plug or other barricade keeping back water underground, where the product of the capacity in cubic meters and the hydraulic head in meters of the dam storing water underground and of which they form part, does not exceed 50 000, is designed, constructed, inspected and maintained under the supervision of a competent person; and

(d) all design calculations and drawings of dam walls, plugs and barricades and mine plans indicating the exact position of such dam walls, plugs and barricades are stored safely for the life of such dam walls, plugs and barricades and are readily available.

(3) The employer must:

(a) take reasonably practicable measures to prevent persons from being injured by the unintentional release of water and hydraulic pressure from any dam storing water underground; and

(b) prepare and implement a procedure to prevent injury to persons involved with the installation, construction, inspection, testing and maintenance of the following hydraulic pressure systems -

(iv) dam water and sludge systems or

(vii) high pressure pumping installations"

Applicable Act: National Environmental Management: Waste Act 59 of 2008

Specific Reference: NEMWA, section 43A

Residue stockpiles and residue deposits must be managed in the prescribed manner on any site demarcated for that purpose in the environmental management plan or environmental management programme for that prospecting, mining, exploration or production operation. No person may temporarily or permanently deposit any residue stockpile or residue deposit on any site other than on a site contemplated in subsection (1).

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002 - Mineral and Petroleum Resources Development Regulations (GN R527 of 2004)

Specific Reference: GN R527, regulation 73

This regulation deals with all aspects related to the management of residue stockpiles and deposits.

Applicable Act: Regulations regarding the planning and management of residue stockpiles and residue deposits, 2015

Specific Reference: NEMWA: NO. R. 632

The purpose of these Regulations is to regulate the planning and management of residue stockpiles and residue deposits from a prospecting, mining, exploration or production operation.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002

Specific Reference: MPRD, Sec 44

(1) When a prospecting right, mining right, retention permit or mining permit lapses, is cancelled or is abandoned or when any prospecting or mining operation ceases the holder of any such right or permit may not demolish or remove any building structure or object-

(a) which may not be demolished or removed in terms of any other law;

(b) which has been identified in writing by the Minister for purposes of this section; or

(c) which is to be retained in terms of an agreement between the holder and the owner or occupier of the land, which agreement has been approved by the Minister in writing.

(2) The provision of subsection (1) does not apply to mining equipment, which may be removed lawfully.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002

Specific Reference: MPRD, Sec 43

(1) The holder of a prospecting right, mining right, retention permit, mining permit, or previous holder of an old order right or previous owner of works that has ceased to exist, remains responsible for any environmental liability, pollution, ecological degradation, the pumping and treatment of extraneous water, compliance to the conditions of the environmental authorisation and the management and sustainable closure thereof, until the Minister has issued a closure certificate in terms of this Act to the holder or owner concerned.

(2) On the written application in the prescribed manner by the holder of a prospecting right, mining right, retention permit, mining permit or previous holder of an old order right or previous owner of works that has ceased to exist, the Minister may transfer such environmental liabilities and responsibilities as may be identified in the environmental management report and any prescribed closure plan to a person with such qualifications as may be prescribed.

(3) The holder of a prospecting right, mining right, retention permit, mining permit, or previous holder of an old order right or previous owner of works that has ceased to exist, or the person contemplated in subsection (2), as the case may be, must apply for a closure certificate upon-

(a) the lapsing, abandonment or cancellation of the right or permit in question;

(b) cessation of the prospecting or mining operation;

(c) the relinquishment of any portion of the prospecting of the land to which a right, permit or permission relate; or

(d) completion of the prescribed closing plan to which a right, permit or permission relate.

(4) An application for an closure certificate must be made to the Regional Manager in whose region the land in question is situated within 180 days of the occurrence of the lapsing, abandonment, cancellation, cessation, relinquishment or completion contemplated in subsection (3) and must be accompanied by the prescribed environmental risk report.

(5) No closure certificate may be issued unless the Chief Inspector and each government department charged with the administration of any law which relates to any matter affecting the environment have confirmed in writing that the provisions pertaining to health and safety and management pollution to water resources, the pumping and treatment of extraneous water and compliance to the conditions of the environmental authorisation have been addressed.

(5A) Confirmation from the Chief Inspector and each government department contemplated in subsection (5) must be received within 60 days from the date on which the Minister informs such Chief Inspector or government department, in writing, to do so.

(6) When the Minister issues a certificate he or she must return such portion of the financial provision contemplated in section 41 as the Minister may deem appropriate to the holder of the prospecting right, mining right, retention permit or mining permit in question but may retain any portion of such financial provision for latent and or residual environmental impact which may become known in the future.

(7) The holder of a prospecting right, mining right, retention permit, mining permit, or previous holder of an old order right or previous owner of works that has ceased to exist, or the person contemplated in subsection (2), as the case may be, must plan for, manage and implement such procedures and such requirements on mine closure as may be prescribed.

(8) Procedures and requirements on mine closure as it relates to the compliance of the conditions of an environmental authorisation, are prescribed in terms of the National Environmental Management Act, 1998.

(9) The Minister, in consultation with the Minister of Environmental Affairs and Tourism, may identify areas by notice in the Gazette, where mines are interconnected or their safety, health, social or environmental impacts are integrated which results in a cumulative impact.

(10) The Minister may, in consultation with the Minister of Environ mental Affairs and Tourism, publish by notice in the Gazette, strategies to facilitate mine closure where mines are interconnected, have an integrated impact or pose a cumulative impact.

(11) The holder of a prospecting right, mining right, retention permit, mining permit, or previous holder of an old order right or previous owner of works that has ceased to exist, or the person contemplated in subsection (2), as the case may be, operating or who has operated within an area identified in subsection (9), must amend their programmes, plans or environmental authorisations accordingly or submit a closure plan, subject to the approval of the Minister, which is aligned with the closure strategies contemplated in subsection (10).

(12) In relation to mines with an interconnected or integrated health, safety, social or environmental impact, the Minister may, in consultation with the Minister of Environmental Affairs and Tourism, determine the apportionment of liability for mine closure as prescribed.

(13) No closure certificate may be issued unless-

(a) the Council for Geoscience has confirmed in writing that complete and correct prospecting reports in terms of section 21(1) have been submitted to the Council for Geoscience;

(b) the complete and correct records, borehole core data or core-log data that the Council of Geoscience may deem relevant, have been lodged with the Council for Geoscience; or

(c) in the case of the holder a permit or right in terms of this Act, the complete and correct surface and the relevant underground geological plans have been lodged with the Council for Geoscience.

Applicable Act: National Environmental Management Act 107 of 1998

Specific Reference: NEMA, section 24R

(1) Every holder, holder of an old order right and owner of works remain responsible for any environmental liability, pollution or ecological degradation, the pumping and treatment of polluted or extraneous water, the management and sustainable closure thereof notwithstanding the issuing of a closure certificate by the Minister responsible for mineral resources in terms of the Mineral and Petroleum Resources Development Act, 2002, to the holder or owner concerned.

(2) When the Minister responsible for mineral resources issues a closure certificate, he or she must return such portion of the financial provision contemplated in section 24P as the Minister may deem appropriate to the holder concerned, but may retain a portion of such financial provision referred to in subsection (1) for any latent, residual or any other environmental impact, including the pumping of polluted or extraneous water, for a prescribed period after issuing a closure certificate.

(3) Every holder, holder of an old order right or owner of works must plan, manage and implement such procedures and requirements in respect of the closure of a mine as may be prescribed.

(4) The Minister may, in consultation with the Minister responsible for mineral resources and by notice in the Gazette, identify areas where mines are interconnected or their impacts are integrated to such an extent that the interconnection results in a cumulative impact.

(5) The Minister may, by notice in the Gazette, publish strategies in order to facilitate mine closure where mines are interconnected, have an integrated impact or pose a cumulative impact.

Applicable Act: Mine Health and Safety Act, 29 of 1996 - GN R93 - Mine Health and Safety Regulations

Specific Reference: MHSA, Reg 9.1

(4) Working places where work has ceased The employer must take reasonably practicable measures to ensure that no employee is exposed to any health hazard at, or emanating from, any working place where work has ceased, either temporarily or permanently.

Applicable Act: Mine Health and Safety Act, 29 of 1996

Specific Reference: MHSA, Sect 2 (2)

The employer of a mine that is not being worked, but in respect of which a closure certificate in terms of the Minerals and Petroleum Resources and Development Act has not been issued, must take reasonable steps to continuously prevent injuries, ill-health, loss of life or damage of any kind from occurring at or because of the mine.

Applicable Act: Constitution of the Republic of South Africa, ACT 108 OF 1996

Specific Reference: Constitution, section 24

The Constitution provides everyone with a right to an environment that is not harmful to his or her health and well-being and requires government to pass legislation and use other measures to protect the environment, to prevent pollution and ecological degradation, promote conservation and secure ecologically sustainable development. Water is a scares resource and must be conserved.

Applicable Act: National Water Act 36 of 1998

Specific Reference: NWA, section 22(2) (d) and 151

The NWA provides user may not waste water. Severe penalties may be imposed in terms of section 151 of the NWA. Continuous awareness must be raised among employees to conserve and safe water.

Applicable Act: Water Services Act 107 of 1998

Specific Reference: WSA Section 8(1)

The WSA makes it an offence to continue the wasteful use of water after being called upon to stop by the Minister, provincial or other water services authority.

Applicable Act: National Building Regulations And Building Standards Act 103 of 1977: Regulations Under Section 17 (1)

Specific Reference: NBR&BSA: GN R2378

Where there has, in the opinion of any local authority, been undue consumption of water such local authority may, by written notice, require the owner to take whatever action it considers necessary to control or meter the use of water. Continuous awareness must be raised among employees to conserve and safe water.

Applicable Act: Constitution of the Republic of South Africa, ACT 108 OF 1996

Specific Reference: Constitution, section 24

Sustainable development requires that the use and exploitation of non-renewable natural resources is responsible and equitable, and takes into account the consequences of the depletion of the resource; and that the development, use and exploitation of renewable resources and the ecosystems of which they are part do not exceed the level beyond which their integrity is jeopardised. South Africa is mainly reliant on coal for electricity generation. Coal is a resource that is delectable and electricity must therefore not be wasted. Energy conservation measures must be implemented.

Applicable Act: National Environmental Management Act 107 of 1998

Specific Reference: NEMA, section 2

Sustainable development requires that the use and exploitation of non-renewable natural resources is responsible and equitable, and takes into account the consequences of the depletion of the resource; and that the development, use and exploitation of renewable resources and the ecosystems of which they are part do not exceed the level beyond which their integrity is jeopardised. South Africa is mainly reliant on coal for electricity generation. Coal is a resource that is delectable and electricity must therefore not be wasted. Energy conservation measures must be implemented.

Applicable Act: National Heritage Resources Act 25 of 1999

Specific Reference: NHRA, section 28

SAHRA may, with the consent of the owner of an area, by notice in the Gazette designate as a protected area such area of land covered by a mine dump. No person may damage, disfigure, alter, subdivide or in any other way develop any part of a protected area unless, at least 60 days prior to the initiation of such changes, he or she has consulted the heritage resources authority which designated such area in accordance with a procedure prescribed by that authority. With regard to an area of land covered by a mine dump SAHRA must make regulations providing for the protection of such areas as are seen to be of national importance in consultation with the owner, the Minister of Minerals and Energy and interested and affected parties within the mining community.

Applicable Act: National Heritage Resources Act 25 of 1999

Specific Reference: NHRA, section 38

Subject to the provisions of subsections (7), (8) and (9), any person who intends to undertake a development categorised as -

(a) the construction of a road, wall, powerline, pipeline, canal or other similar form of linear development or barrier exceeding 300m in length;

(b) the construction of a bridge or similar structure exceeding 50 m in length;

(c) any development or other activity which will change the character of a site -

(i) exceeding 5 000m2 in extent; or

(ii) involving three or more existing erven or subdivisions thereof; or

(iii) involving three or more erven or divisions thereof which have been consolidated within the past five years; or

(iv) the costs of which will exceed a sum set in terms of regulations by SAHRA or a provincial heritage resources authority;

(d) the re-zoning of a site exceeding 10 000m2 in extent; or

(e) any other category of development provided for in regulations by SAHRA or a provincial heritage resources authority, must at the very earliest stages of initiating such a development, notify the responsible heritage resources authority and furnish it with details regarding the location, nature and extent of the proposed development.

Applicable Act: National Heritage Resources Act 25 of 1999

Specific Reference: NHRA, section 37

Public monuments and memorials must, without the need to publish a notice to this effect, be protected in the same manner as places which are entered in a heritage register referred to in section 30.

Applicable Act: Declaration of types of heritage objects

Specific Reference: NHRA: GN 1512

The following has been declared as heritage objects:

1 . Any archaeological artefact, palaeontological and rare geological specimens and meteorites found in South Africa and its territorial waters and maritime cultural zone;

2. Antiquities such as coins, utensils, pottery, jewellery, seals, weapons (including firearms), tools and inscriptions that have been in South Africa for more than 100 years;

3. Original fabric removed from South African historical buildings;

4. South African ethnographic art and objects;

5. Items relating to South African history, including the history of science and technology, military and social history, as well as to the life of peoples and national leaders, thinkers, scientists and artists and to events of national importance;

6. South African items of artistic interest that have been in South Africa for 50 years or more, including -

(a) paintings and drawings produced by hand on and in any material;

(b) original prints, posters and photographs, as the media for creative activity;

(c) original artistic assemblages and montages in any material;

(d) works of statuary art and sculpture in general;

(e) works of applied art in such materials as glass, ceramics, metal and wood; and

(f) objects of ritualistic and symbolic significance and personal adornment such as beads, leather or metalwork;

7. South African items of numismatic (medals and coins) and philatelic (stamps and cancellations) interest that have been in South Africa for more than 100 years;

8. Manuscripts, books, documents or publications of special interest to South African history and culture that have been in South Africa for 50 years or more; or that are otherwise deemed of special interest and importance to South African heritage as recommended by the National Archives Advisory Council;

9. South African archives, including written records, maps and other cartographic materials, prints, photographs, cinematographic films, sound recordings and machine-readable records that have been in South Africa for more than 50 years; or that are listed in the national registers of manuscripts, photographs, audio-visual material or oral sources;

10. South African furniture, tapestries, carpets, items of dress and musical instruments older than 100 years; and

11. South African zoological, botanical and geological specimens that have been in South Africa for more than 100 years.

12. The above exclude any object made by any living person.

Applicable Act: National Heritage Resources Act 25 of 1999

Specific Reference: NHRA, section 3

For the purposes of this Act, those heritage resources of South Africa which are of cultural significance or other special value for the present community and for future generations must be considered part of the national estate and fall within the sphere of operations of heritage resources authorities.

Useful Links: Click here to be directed to the South African Heritage Resources Agency (SAHRA)'s website for more information.

Applicable Act: National Heritage Resources Act 25 of 1999

Specific Reference: NHRA, section 3

Without limiting the generality of subsection (1), the national estate may include -

(a) places, buildings, structures and equipment of cultural significance;

(b) places to which oral traditions are attached or which are associated with living heritage;

(c) historical settlements and townscapes;

(d) landscapes and natural features of cultural significance;

(e) geological sites of scientific or cultural importance;

(f) archaeological and paleontological sites;

(g) graves and burial grounds, including -

(i) ancestral graves;

(ii) royal graves and graves of traditional leaders;

(iii) graves of victims of conflict;

(iv) graves of individuals designated by the Minister by notice in the Gazette;

(v) historical graves and cemeteries; and

(vi) other human remains which are not covered in terms of the Human Tissue Act, 1983 (Act No. 65 of 1983);

(h) sites of significance relating to the history of slavery in South Africa;

(i) movable objects, including -

(i) objects recovered from the soil or waters of South Africa, including archaeological and paleontological objects and material, meteorites and rare geological specimens;

(ii) objects to which oral traditions are attached or which are associated with living heritage;

(iii) ethnographic art and objects;

(iv) military objects;

(v) objects of decorative or fine art;

(vi) objects of scientific or technological interest; and

(vii) books, records, documents, photographic positives and negatives, graphic, film or video material or sound recordings, excluding those that are public records as defined in section 1 of the National Archives of South Africa Act, 1996 (Act No. 43 of 1996).

Applicable Act: National Environmental Management Act, 107 of 1998 (NEMA)

Specific Reference: NEMA, section 24P

Financial provision for remediation of environmental damage

(1) An applicant for an environmental authorisation relating to prospecting, exploration, mining or production must, before the Minister responsible for mineral resources issues the environmental authorisation, comply with the prescribed financial provision for the rehabilitation, closure and ongoing post decommissioning management of negative environmental impacts.

(2) If any holder or any holder of an old order right fails to rehabilitate or to manage any impact on the environment, or is unable to undertake such rehabilitation or to manage such impact, the Minister responsible for mineral resources may, upon written notice to such holder, use all or part of the financial provision contemplated in subsection (1) to rehabilitate or manage the environmental impact in question.

(3) Every holder must annually-

(a) assess his or her environmental liability in a prescribed manner and must increase his or her financial provision to the satisfaction of the Minister responsible for mineral resources; and

(b) submit an audit report to the Minister responsible for mineral resources on the adequacy of the financial provision from an independent auditor.

(4)(a) If the Minister responsible for mineral resources is not satisfied with the assessment and financial provision contemplated in this section, the Minister responsible for mineral resources may appoint an independent assessor to conduct the assessment and determine the financial provision.

(b) Any cost in respect of such assessment must be borne by the holder in question.

(5) The requirement to maintain and retain the financial provision contemplated in this section remains in force notwithstanding the issuing of a closure certificate by the Minister responsible for mineral resources in terms of the Mineral and Petroleum Resources Development Act, 2002 to the holder or owner concerned and the Minister responsible for mineral resources may retain such portion of the financial provision as may be required to rehabilitate the closed mining or prospecting operation in respect of latent, residual or any other environmental impacts, including the pumping of polluted or extraneous water, for a prescribed period.

(6) The Insolvency Act, 1936 (Act No. 24 of 1936), does not apply to any form of financial provision contemplated in subsection (1) and all amounts arising from that provision.

(7) The Minister, or an MEC in concurrence with the Minister, may in writing make subsections (1) to (6) with the changes required by the context applicable to any other application in terms of this Act.

Applicable Act: National Environmental Management Act 107 Of 1998: Financial Provisioning Regulations

Specific Reference: NEMA, GN R1147

Regulations Pertaining to The Financial Provision for Prospecting, Exploration, Mining or Production Operations - Chapter 1 till Chapter 5

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002 - Mineral and Petroleum Resources Development Regulations (GN R527 of 2004)

Specific Reference: GN R527, regulation 65

All coal debris and bituminous rock must be deposited in compliance with the provisions of the Mine Health and Safety Act, 1996 (Act No. 29 of 1996) at a site as identified and approved in the environmental management programme or environmental management plan. A holder of a mining right pertaining to the mining of coal shall be responsible for all damages resulting from the combustion of the coal residue stockpiles or deposits.

Applicable Act: National Veld and Forest Fire Act 101 Of 1998

Specific Reference: NVFFA, section 17

Every owner on whose land a veldfire may start or burn or from whose land it may spread must -

(a) have such equipment, protective clothing and trained personnel for extinguishing fires as are -

(i) prescribed; or

(ii) in the absence of prescribed requirements, reasonably required in the circumstances;

(b) ensure that in his or her absence responsible persons are present on or near his or her land who, in the event of fire, will -

(i) extinguish the fire or assist in doing so; and

(ii) take all reasonable steps to alert the owners of adjoining land and the relevant fire protection association, if any.

Applicable Act: National Veld and Forest Fire Act 101 Of 1998

Specific Reference: NVFFA, section 12

Every owner on whose land a veldfire may start or burn or from whose land it may spread must prepare and maintain a firebreak on his or her side of the boundary between his or her land and any adjoining land. An owner who is obliged to prepare and maintain a firebreak must ensure that, with due regard to the weather, climate, terrain and vegetation of the area -

(a) it is wide enough and long enough to have a reasonable chance of preventing a veldfire from spreading to or from neighbouring land;

(b) it does not cause soil erosion; and

(c) it is reasonably free of inflammable material capable of carrying a veldfire across it.

Applicable Act: Norms and Standards for the Management of Protected Areas in South Africa

Specific Reference: NEMPA: GN 382

NEMPA was promulgated in order to provide for (among other things) the protection and conservation of ecologically viable areas representative of South Africa’s biological diversity and its natural landscapes and seascapes; for the establishment of a national Register of Protected Areas and for the management of those areas in accordance with national norms and standards. In terms of section 11 of the Act, the Minister may prescribe norms and standards for any of the objectives of the Act, including the management and development of protected areas as well as indicators to measure compliance with those norms and standards.

Useful Links: Click here to be directed to the South African National Biodiversity Institute (SANBI)'s website for spatial biodiversity information.

Applicable Act: National Environmental Management: Protected Areas Act 57 of 2003

Specific Reference: NEMPA

NEMPA was promulgated to provide for the protection and conservation of ecologically viable areas representative of South Africa’s biological diversity and its natural landscapes and seascapes; for the establishment of a national register of all national, provincial and local protected areas; for the management of those areas in accordance with national norms and standards; for intergovernmental co-operation and public consultation in matters concerning protected areas; for the continued existence, governance and functions of South African National Parks; and for matters in connection therewith.

Applicable Act: National Environmental Management: Protected Areas Act 57 of 2003

Specific Reference: NEMPA, section 48

Despite other legislation, no person may conduct commercial prospecting, mining, exploration, production or related activities

(a) in a special nature reserve, national park or nature reserve;

(b) in a protected environment without the written permission of the Minister and the Cabinet member responsible for minerals and energy affairs; or

(c) in a protected area referred to in section 9(b), (c) or (d).

(2) The Minister, after consultation with the Cabinet member responsible for mineral and energy affairs, must review all mining activities which were lawfully conducted in areas indicated in subsection (1)(a), (b) and (c) immediately before this section took effect.

(3) The Minister, after consultation with the Cabinet member responsible for mineral and energy affairs, may, in relation to the activities contemplated in subsection (2), as well as in relation to mining activities conducted in areas contemplated in that subsection which were declared as such after the commencement of this section, prescribe conditions under which those activities may continue in order to reduce or eliminate the impact of those activities on the environment or for the environmental protection of the area concerned.

Applicable Act: National list of ecosystems that are threatened and in need of protection, 2012

Specific Reference: NEMBA: GN 1002

The purpose of listing threatened ecosystems is primarily to reduce the rate of ecosystem and species extinction. This includes preventing further degradation and loss of structure, function and composition of threatened ecosystems. The purpose of listing protected ecosystems is primarily to preserve witness sites of exceptionally high conservation value. For both threatened and protected ecosystems, the purpose includes enabling or facilitating proactive management of these ecosystems. It is likely that ecosystem listing will also play a symbolic and awareness-raising role; however, this is not the primary purpose of listing ecosystems. The purpose of listing threatened or protected ecosystems is not to ensure the persistence of landscape-scale ecological processes or to ensure the provision of ecosystem services, even though listing ecosystems may contribute towards these important goals. Bioregional plans published in terms of Section 40 of the Biodiversity Act provide maps of critical biodiversity areas, including areas important for the persistence of landscape-scale ecological processes. See Section 3.1,3 of this document for more on bioregional plans and the relationship between threatened ecosystems and critical biodiversity areas.

Applicable Act: National Forests Act 84 of 1998

Specific Reference: NFA, section 12

The Minister may declare -

(a) a particular tree;

(b) a particular group of trees;

(c) a particular woodland; or

(d) trees belonging to a particular species, to be a protected tree, group of trees, woodland or species.

Applicable Act: Threatened or Protected Species Regulations, 2007

Specific Reference: NEMBA: GN R152

The purpose of these regulations is to -

(a) further regulate the permit system set out in Chapter 7 of the Biodiversity Act insofar as that system applies to restricted activities involving specimens of listed threatened or protected species;

(b) provide for the registration of captive breeding operations, commercial exhibition facilities, game farms, nurseries, scientific institutions, sanctuaries and rehabilitation facilities and wildlife traders;

(c) provide for the regulation of the carrying out of a specific restricted activity, namely hunting;

(d) provide for the prohibition of specific restricted activities involving specific listed threatened or protected species;

(e) provide for the protection of wild populations of listed threatened species; and

(f) provide for the composition and operating procedure of the Scientific Authority

Applicable Act: Alien and Invasive Species Lists, 2016

Specific Reference: NEMBA: GN R 864

The Alien and Invasive Species Lists, 2016 was published on 29 July 2016. Four different categories of species are set out in this list.

Useful Links: Click here for more information on the Alien Invasive Species Lists, 2016

Applicable Act: Lists of Critically Endangered, Endangered, Vulnerable and Protected Species, 2007

Specific Reference: NEMBA: GN R151

Lists of critically endangered, endangered, vulnerable and protected species have been declared. "

Applicable Act: Conservation of Agricultural Resources Act 43 of 1983

Specific Reference: CARA, sections 5, 6

No person shall -

(a) sell, agree to sell or offer, advertise, keep, exhibit, transmit, send, convey or deliver for sale, or exchange for anything or dispose of to any person in any manner for a consideration, any weed; or

(b) in any other manner whatsoever disperse or cause or permit the dispersal of any weed from any place in the Republic to any other place in the Republic. Control measures have been indicated in section 6 of CARA.

Applicable Act: National Environmental Management: Biodiversity Act 39 of 2004

Specific Reference: NEMBA, sections 73(2)(b) and 75

Property owners with invasive alien species on its property must take steps to control and eradicate these species.

Applicable Act: Alien and Invasive Species Regulations, 2014

Specific Reference: NEMBA:GN R598

Listed invasive species was published in 2014. Category 1a and 1b listed invasive species must be controlled and eradicated. Category 2 plants may only be grown if a permit is obtained and the property owner ensures that the invasive species do not spread beyond his or her property. The growing of Category 3 species of plant is subject to various exemptions and prohibitions. Any action taken to control and eradicate a listed invasive species must be executed with caution and in a manner that may cause the least possible harm to biodiversity and damage to the environment. The methods employed to control and eradicate a listed invasive species must also be directed at the offspring, propagating material and re-growth of such invasive species in order to prevent such species from producing offspring, forming seed, regenerating or re-establishing itself in any manner.

Applicable Act: National Environmental Management Act 107 of 1998

Specific Reference: NEMA, section 28

The prevention of erosion can be seen as part of duty of care obligations to prevent pollution or environmental degradation from occurring/ recurring.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002 - Mineral and Petroleum Resources Development Regulations (GN R527 of 2004)

Specific Reference: GN R527, regulation 70

(1) A holder of a right or permit in terms of the Act, must comply with applicable legislative requirements regarding the management and control of soil pollution and erosion, where applicable.

(2) The assessment of impacts relating to soil pollution and erosion control, where appropriate, must form part of the environmental impact assessment report and environmental management programme or the environmental management plan, as the case may be.

(3) The spillage of hazardous chemicals onto soils or its escape or migration into surrounding soils from the approved depositioning area, must be prevented.

(4) Oils, grease and hydraulic fluids must be disposed of -

(a) in a waste disposal recepticle for collection or treatment; or

(b) at a licensed facility; or

(c) in accordance with a method approved in the environmental management programme or environmental management plan, as the case may be.

(5) Oils, grease and hydraulic fluid spills must be cleaned up by removing all contaminated soil and disposing such soil in a waste disposal receptacle or at a licensed facility.

(6) The acidification, salination and mineralisation of soils through seepage of polluted water and the irrigation of land with any water must take place within applicable legislative requirements or as approved in the environmental management programme or environmental management plan, as the case may be.

(7) The chemical and physical properties of top soil to be used for the purposes of rehabilitation must not be changed by introducing foreign material, gravel, rock, rubble or mine residue to such soil.

Applicable Act: Conservation of Agricultural Resources Act 43 of 1983

Specific Reference: CARA, section 5

No person shall sell, agree to sell or offer, advertise, keep, exhibit, transmit, send, convey or deliver for sale, or exchange for anything or dispose of to any person in any manner for a consideration, any weed; or in any other manner whatsoever disperse or cause or permit the dispersal of any weed from any place in the Republic to any other place in the Republic.

Applicable Act: Weed Control Scheme - Establishment

Specific Reference: CARA: GN R1044

In GN R1044 weeds and invaders have been identified, as well as prescribed control measures.

Applicable Act: Soil Conservation Scheme - Establishment

Specific Reference: CARA: GN R1047

The objects of the soil conservation scheme are to promote the construction of certain soil conservation works with a view to maintaining the production potential of land and to combating or preventing excessive soil loss through erosion, and to regulate the payment of subsidies out of moneys appropriated by Parliament for the purposes of this scheme.

Applicable Act: Conservation of Agricultural Resources Act 43 of 1983

Specific Reference: CARA, section 3

The objects of CARA are to provide for the conservation of the natural agricultural resources of the Republic by the maintenance of the production potential of land, by the combating and prevention of erosion and weakening or destruction of the water sources, and by the protection of the vegetation and the combating of weeds and invader plants. Prohibition against the spread of weeds, control measures, directions by authorities, schemes for financial support for soil conservation purposes and other related matters are provided for in CARA. The following schemes have been established, to date: Weed control scheme, bush control scheme, flood relieve schemes, soil conservation scheme (GN R1047), irrigation improvement scheme, drought relieve scheme and cold spell relieve scheme.

Applicable Act: National Norms and Standards for the Remediation of Contaminated Land and Soil Quality

Specific Reference: NEMWA: GN R331

Norms and standards have been defined for the remediation of contaminated land and soil quality in South Africa, applicable to an owner of land or any person who undertakes a site assessment and remediation activity in terms of the Act.

Applicable Act: National Environmental Management: Waste Act 59 of 2008

Specific Reference: NEMWA, Part 8 of Chapter 4

NEMWA contains measures for the remediation of contaminated land in Part 8 of Chapter 4. The contaminated land provisions provide for the declaration of investigation area either through identification by the Minister or MEC or notification by the land owner. Once a property is identified as an investigation area a directive will be issued to the responsible person to appoint an independent person to conduct a site assessment and to submit a site assessment report within a required timeframe. If the site assessment report indicates that the area is contaminated and requires remediation the Minister or MEC will declare it an investigation area and will issue a remediation order to the responsible person to undertake remediation to neutralise the risk. The transfer of investigation sites is not restricted in terms of the contaminated and provisions, however should a property owner decide to sell property that is considered contaminated land, the purchaser will have to be notified. If a remediation order has been issued the property may only be transferred if the Minister or MEC is notified and all the conditions that are specified by the Minister or MEC are complied with. The Minister is required to notify the relevant Registrar of Deeds of any land that has been declared as a remediation site and keep a national contaminated land register of investigation areas. The register must include information on the owners and any users of investigation areas, the location of investigation areas, the nature and origin of the contamination.

Applicable Act: National Water Act 36 of 1998

Specific Reference: NWA, section 19

There is a general duty of care in environmental legislation to ensure that measures are taken to prevent water pollution caused by hydrocarbon spillages (oil and fuel spills). Every site where hydrocarbon material is used must be provided with spill kits that contains absorbent material. Employees must be made aware that it is also their responsibility to minimise impacts of ground and water pollution caused by oil and fuel spills and must be trained on the use of spill kits. It must be ensured that spill and absorbent material are properly swept up and disposed of as hazardous material. "

Applicable Act: National Environmental Management Act 107 of 1998

Specific Reference: NEMA, section 28

There is a general duty of care in environmental legislation to ensure that measures are taken to prevent water pollution caused by hydrocarbon spillages (oil and fuel spills). Every site where hydrocarbon material is used must be provided with spill kits that contains absorbent material. Employees must be made aware that it is also their responsibility to minimise impacts of ground and water pollution caused by oil and fuel spills and must be trained on the use of spill kits. It must be ensured that spill and absorbent material are properly swept up and disposed of as hazardous material.

Applicable Act: Mines And Works Act 27 of 1956

Specific Reference: Mines And Works Act 27 of 1956, sect 9

No person shall cause or permit any other person to perform, at any mine or works, any work in connection with the operation of a mine or works, on a Sunday, Christmas Day, Day of the Covenant or Good Friday, or cause any other person to perform, at any mine or works, any such work on Republic Day, unless the work is-

(a) attending to or working pumping or ventilating machinery, or machinery for the supply of light, heat or power, or any boiler belonging to any such machinery;

(b) such work above or below the surface as cannot be delayed without causing danger or damage to life, health or property, including work in workshops necessary or incidental to any such work;

(c) operating any continuous chemical, metallurgical or smelting process, if a stoppage thereof during the whole of any such day would either prevent its immediate resumption on the next succeeding day or diminish the effectiveness of the process;

(d) the running of stamp mills or other machinery used for crushing ore, erected before the first day of December, 1911;

(e) the policing of the mine or works, or the carrying on of medical and health services or services in connection with housing and feeding;

(f) work, in respect of which the Minister, in any particular case, on application in writing or, in general, by notice in the Gazette, declared that in his opinion the performance thereof is necessary in the national interest.

(2) The Chief Inspector as contemplated in the Mine Health and Safety Act, 1996, may, on application to an inspector of mines, grant special permission for carrying on temporarily any necessary work, in addition to work described in sub-section (1), at a mine or works on the days mentioned in that sub-section.

(3) An person who contravenes or fails to comply with the provisions of this section, shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding six months.

Applicable Act: National Environmental Management: Biodiversity Act 39 of 2004

Specific Reference: NEMBA, section 65

A person may not carry out a restricted activity involving a specimen of an alien species without a permit issued in terms of Chapter 7 of the NEMBA. “restricted activity”- in relation to a specimen of an alien species or listed invasive species, means-

(i) importing into the Republic, including introducing from the sea, any specimen of an alien or listed invasive species;

(ii) having in possession or exercising physical control over any specimen of an alien or listed invasive species;

(iii) growing, breeding or in any other way propagating any specimen of an alien or listed invasive species, or causing it to multiply;

(iv) conveying, moving or otherwise translocating any specimen of an alien or listed invasive species;

(v) selling or otherwise trading in, buying, receiving, giving, donating or accepting as a gift, or in any way acquiring or disposing of any specimen of an alien or listed invasive species; or

(vi) any other prescribed activity which involves a specimen of an alien or listed invasive species.

Applicable Act: Hazardous Substances Act 15 of 1973 - Group III hazardous substances

Specific Reference: HSA, section 3 and 4

A licence is required to sell, let, use, operate or apply any Group III hazardous substance; and to install a Group III hazardous substance on any premises mentioned in such licence.

Applicable Act: Hazardous Substances Act 15 of 1973 - Group IV hazardous substances

Specific Reference: HSA, section 3A

Production, acquisition, disposal, and importation and exportation, of Group IV hazardous substances

(1) Subject to the provisions of this section, no person shall produce or otherwise acquire, or dispose of, or import into the Republic or export from there, or be in possession of, or use, or convey or cause to be conveyed, any Group IV hazardous substance, except in terms of a written authority under subsection (2) and in accordance with -

(a) the prescribed conditions; and

(b) such further conditions (if any) as the Director-General may in each case determine.

(2) The Director-General may on application by any person in the prescribed manner and on payment of the prescribed fee, and on such conditions as he may in each case determine, in writing authorize the performance of any of or all the activities mentioned in subsection (1) in respect of any Group IV hazardous substance.

(3) Any employee of a holder of a written authority referred to in subsection (2) may in the course of his employment in respect of the Group IV hazardous substance concerned perform any of the activities in respect of which authority has been so granted in accordance with the conditions of the authorization in question.

(4) A written authority under section 50 of the Nuclear Energy Act, 1982 (Act No. 92 of 1982), shall remain valid, but shall lapse -

(a) if application for a written authority under section 4 of the Hazardous Substances Amendment Act, 1992, is not made within 60 days after the date of commencement of the said section; or

(b) if an application mentioned in paragraph (a) is made within the said period of 60 days, when such application is granted or refused.

(5) The Minister may from time to time by notice in the Gazette -

(a) determine that any provision of subsection (1) shall not apply in respect of any Group IV hazardous substance mentioned in the notice; or

(b) exempt any person or category of persons from any provision of subsection (1), and may in like manner at any time amend or withdraw such notice.

(6) Any person who contravenes or fails to comply with any provision of subsection (1) or any condition imposed thereunder shall be guilty of an offence.

(7) The provisions of sections 4, 5 and 7 shall, in so far as they can be applied, apply to a written authority under subsection (2)." Group III Hazardous Substances HSA: GN R1302

Group III hazardous substances encompass mostly electronic goods such as x-ray units, sunlamps; microwave ovens; ultrasound appliances; infusion pumps; any syringe pump; any infant incubator etc.

Applicable Act: Regulations to phase-out the use of Polychlorinated Biphenyls (PCBs) materials and Polychlorinated Biphenyl (PCBs) contaminated materials

Specific Reference: NEMA: GN R549

The use of PCBs and PCBs contaminated materials is to be phased out by the year 2023, with a further three years provided within which PCB holders have to dispose of their stockpiled PCB materials, PCB contaminated materials and PCB waste in their possession. A person who possesses equipment or materials that contain PCBs of more than 50mg/kg (Holder) had to register with the Director-General as a Holder within 90 days of the promulgation of the regulations (9 October 2014) and receive a registration number. A registered Holder had to develop a phase-out plan by 10 July 2015 and must submit to the Director-General an audit report every two years. A person whose phase-out plan has been approved by the Director- General must implement such a plan and may only deviate from such a plan upon written approval to do so by the Director-General.

Applicable Act: Regulations requiring that a water use be registered

Specific Act: NWA: GN 1352

Any person who uses water in terms of section 21 of the Act must register such use on a form obtained from the Department and submit the completed form to the responsible authority -

(a) as required under a general authorisation promulgated in terms of section 39 of the Act; or

(b) when requested to do so by the responsible authority -

(i) by means of a notice published in the Gazette; and

(ii) by other means likely to reach the water user.

Applicable Act: National Water Act 36 of 1998

Specific Reference: NWA, section 37

The following are controlled activities:

(a) irrigation of any land with waste or water containing waste generated through any industrial activity or by a waterwork;

(b) an activity aimed at the modification of atmospheric precipitation;

(c) a power generation activity which alters the flow regime of a water resource;

(d) intentional recharging of an aquifer with any waste or water containing waste; and

(e) an activity which has been declared as such under section 38. No person may undertake a controlled activity unless such person is authorised to do so by or under this Act.

Applicable Act: National Water Act 36 of 1998

Specific Reference: NWA, schedule 1

Schedule 1 lists the permissible water uses for which a licence is not required. These include: reasonable domestic use; small gardening; the watering of animals; store and use run-off water from a roof; and the discharge, waste or water containing waste; or run-off water, including storm water from any residential, recreational, commercial or industrial site, into a canal, sea outfall or other conduit controlled by another person authorised to undertake the purification, treatment or disposal of waste or water containing waste, subject to the approval of the person controlling the canal, sea outfall or other conduit.

Applicable Act: National Water Act 36 of 1998

Specific Reference: NWA, section 39

This section establishes a procedure to enable a responsible authority to permit the use of water by publishing general authorisations in the Gazette. The use of water under a general authorisation does not require a licence until the general authorisation is revoked, in which case licensing will be necessary. A general authorisation does not replace or limit an entitlement to use water, such as an existing lawful water use or a licence, which a person may otherwise have under this Act.

Applicable Act: GN 398, GN 1198, GN 665, GN 509, GN 538

Specific Reference: GN 398, GN 1198, GN 665, GN 509, GN 538

All general authorisations have been published in these government notices.

Applicable Act: National Water Act 36 of 1998

Specific Reference: NWA, sections 21, 23 and 41

Licences are required for all water uses listed in Section 21 unless the water use is permissible in terms of Schedule 1 to the Act or falls within the general authorisations in terms of Section 39 of the Act.

Applicable Act: Regulations regarding the Procedural Requirements for Water Use Licence Applications and Appeals: GN R267 of 24 March 2017

Specific Reference: NWA: GN R267

These Regulations describes the procedures to be followed for for Water Use Licence Applications and Appeals.

Useful Links: Click here for access to the annexures of these Regulations.

Applicable Act: National Forests Act 84 of 1998

Specific Reference: NFA, section 12, 15, 58 and 62(2)(c )

No person may cut, disturb, damage or destroy any protected tree or possess, collect, remove, transport, export, purchase, sell, donate or in any other manner acquire or dispose of any protected tree, or any forest product derived from a protected tree except under a licence granted by the Minister.

Applicable Act: National Environmental Management: Biodiversity Act 39 of 2004

Specific Reference: NEMBA, section 84

A person may not carry out a restricted activity involving a specimen of a listed threatened or protected species without a permit issued in terms of Chapter 7 of the NEMBA. “restricted activity”- in relation to a specimen of a listed threatened or protected species, means-

(i) hunting, catching, capturing or killing any living specimen of a listed threatened or protected species by any means, method or device whatsoever, including searching, pursuing, driving, lying in wait, luring, alluring, discharging a missile or injuring with intent to hunt, catch, capture or kill any such specimen;

(ii) gathering, collecting or plucking any specimen of a listed threatened or protected species;

(iii) picking parts of, or cutting, chopping off, uprooting, damaging or destroying, any specimen of a listed threatened or protected species;

(iv) importing into the Republic, including introducing from the sea, any specimen of a listed threatened or protected species;

(v) exporting from the Republic, including re-exporting from the Republic, any specimen of a listed threatened or protected species;

(vi) having in possession or exercising physical control over any specimen of a listed threatened or protected species;

(vii) growing, breeding or in any other way propagating any specimen of a listed threatened or protected species, or causing it to multiply;

(viii) conveying, moving or otherwise translocating any specimen of a listed threatened or protected species;

(ix) selling or otherwise trading in, buying, receiving, giving, donating or accepting as a gift, or in any way acquiring or disposing of any specimen of a listed threatened or protected species; or

(x) any other prescribed activity which involves a specimen of a listed threatened or protected species.

Applicable Act: National Heritage Resources Act 25 of 1999

Specific Reference: NHRA, section 36(3) (b)

A permits is required to destroy, damage, alter, exhume or remove from its original position or otherwise disturb the grave of a victim of conflict, or any burial ground or part thereof which contains such graves; a burial ground older than 60 years which is situated outside a formal cemetery administered by a local authority; or bring onto or use any excavation equipment at a burial ground or grave referred to above.

Applicable Act: National Heritage Resources Act 25 of 1999

Specific Reference: NHRA, section 35(3)

In the course of a new development if archaeological or palaeontological objects or material or a meteorite are discovered, there is an obligation to immediately report such a finding to the responsible heritage resources authority, or to the nearest local authority offices or museum.

Specific Reference: NHRA, section 35(4)

An archaeological or palaeontological site or any meteorite may not be destroyed, damaged, excavated, altered, defaced or otherwise disturbed without a permit from the responsible heritage resources authority.

Applicable Act: National Heritage Resources Act 25 of 1999

Specific Reference: NHRA, section 34

A permit is required from the applicable provincial heritage resources authority to alter or demolish any structure. Controls must be implemented to ensure that no heritage structures are damaged or demolished. Employees must be made aware of this requirement.

Applicable Act: National Heritage Resources Act 25 of 1999

Specific Reference: NHRA, section 32(13)

A permit is required from the applicable provincial heritage resources authority to destroy, damage, disfigure or alter any heritage object.

Applicable Act: National Environmental Management: Waste Act 59 of 2008

Specific Reference: NEMWA, section 20

No person may commence, undertake or conduct a waste management activity, except in accordance with any requirements and standards that have been specified or a waste management licence, if required.

Applicable Act: List of waste management activities that have, or are likely to have, a detrimental effect on the environment

Specific Reference: NEMWA: GN 921

GN 921 provides that the waste management activities listed in Category A and B thereof may not commence, be undertaken or conducted without a WML. Activities listed in Category C of GN 921, which inter alia includes the storage of general and hazardous waste, may only be commenced with, undertaken or conducted in accordance with the National Norms and Standards published in terms of the NEMWA.

Useful Links: Click here for the listed waste management activities.

Applicable Act: Fee structure for consideration and processing of applications for waste management licences, transfer and renewal thereof

Specific Reference: NEMWA: GN 142

These regulations deal with detail surrounding fees for WML applications.

Applicable Act: National Environmental Management: Air Quality Act 39 of 2004

Specific Reference: NEMAQA, sections 21, 22, 37 and 38

An Air Emissions Licence (AEL) is required for activities listed in NEMAQA: GN R893.

Specific Reference: NEMAQA, section 22A

The procedure in section 22A must be followed to obtain an AEL for an unlawful air emission listed activity.

Applicable Act: Regulations for the procedure and criteria to be followed in the determination of an administrative fine in terms of section 22A of the Act

Specific Reference: NEMAQA: GN 332

The purpose of these Regulations is to provide for the procedure and criteria to be followed in the determination of administrative fine when an application is submitted in terms of section 22A of the Act.

Applicable Act: Regulations prescribing the atmospheric emission licence processing fee, 2016

Specific Reference: NEMAQA: GN 250

These regulations deal with detail surrounding fees for AEL applications.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002 - Mineral and Petroleum Resources Development Regulations (GN R527 of 2004)

Specific Reference: GN R527, regulations 57, 60 and 62

These regulations deal with detail surrounding an application for a closure certificate, including an environmental risk report and closure plan.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002

Specific Reference: MPRDA, section 43

The holder of a prospecting right, mining right, retention permit, mining permit, or previous holder of an old order right or previous owner of works that has ceased to exist, remains responsible for any environmental liability, pollution, ecological degradation, the pumping and treatment of extraneous water, compliance to the conditions of the environmental authorisation and the management and sustainable closure thereof, until the Minister has issued a closure certificate in terms of this Act to the holder or owner concerned.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002

Specific Reference: MPRDA, section 102

A reconnaissance permission, prospecting right, mining right, mining permit, retention permit, technical corporation permit, reconnaissance permit, exploration right, production right, prospecting work programme, exploration work programme, production work programme, mining work programme environmental management programme or an environmental authorisation issued in terms of the National Environmental Management Act, 1998, as the case may be, may not be amended or varied (including by extension of the area covered by it or by the additional of minerals or a shares or seams, mineralised bodies or strata, which are not at the time the subject thereof) without the written consent of the Minister.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002 - Mineral and Petroleum Resources Development Regulations (GN R527 of 2004)

Specific Reference: GN R527, chapter 2, part 2

This part deals with various aspects related to the required Social and Labour Plan, including the objectives, submission, applicability, amendment, reporting and contents thereof.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002

Specific Reference: MPRDA, section 11

A prospecting right or mining right or an interest in any such right, or a controlling interest in a company or close corporation, may not be ceded, transferred, let, sublet, assigned, alienated or otherwise disposed of without the written consent of the Minister, except in the case of change of controlling interest in listed companies. Any transfer, cession, letting, subletting, alienation, encumbrance by mortgage or variation of a prospecting right or mining right, as the case may be, contemplated in this section must be lodged for the registration at the Mineral and Petroleum Titles Registration Office within 60 days of the relevant transaction.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002 - Mineral and Petroleum Resources Development Regulations (GN R527 of 2004)

Specific Reference: GN R527, regulation 15

Monthly returns contemplated in section 28(2)(a) of the Act, must reach the Director-General not later than the fifteenth day of the month following the month in respect of which it is reported and must be forwarded as set out in forms to be provided by the Department for that purpose.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002

Specific Reference: MPRDA, section 27

This section deals with an application for a mining permit. Mineral and Petroleum Resources Development Act, 28 of 2002 - Mineral and Petroleum Resources Development Regulations (GN R527 of 2004) GN R527, regulation 14 This section deals with detail surrounding an application for a mining permit.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002 - Mineral and Petroleum Resources Development Regulations (GN R527 of 2004)

Specific Reference: GN R527, regulations 53-54

These sections deals with duties related to financial provisioning.

Applicable Act: National Environmental Management Act 107 of 1998

Specific Reference: NEMA, section 24P

An applicant for an environmental authorisation relating to prospecting, exploration, mining or production must, before the Minister responsible for mineral resources issues the environmental authorisation, comply with the prescribed financial provision for the rehabilitation, closure and ongoing post decommissioning management of negative environmental impacts.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002 - Mineral and Petroleum Resources Development Regulations (GN R527 of 2004)

Specific Reference: GN R527, regulations 48-52

These sections deals with environmental reports to be compiled for application of mining right or permit.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002

Specific Reference: MPRDA, section 25

In addition to the rights referred to in section 5, the holder of a mining right has, subject to section 24, the exclusive right to apply for and be granted a renewal of the mining right in respect of the mineral and mining area in question. The holder of a mining right must -

(a) lodge such right for registration at the Mineral and Petroleum Titles Registration Office within 60 days and the right has become effective; [Para. (a) substituted by s. 21 of Act 49/2008 w.e.f. 7 June 2013]

(b) commence with mining operations within one year from the date on which the mining right becomes effective in terms of section 23(5) or such extended period as the Minister may authorise;

(c) actively conduct mining in accordance with the mining work programme;

(d) comply with the relevant provisions of this Act, any other relevant law and the terms and conditions of the mining right;

(e) comply with the conditions of the environmental authorisation;

(f) comply with the requirements of the prescribed social and labour plan;

(g) in terms of any relevant law, pay the State royalties; and

(h) submit the prescribed annual report, detailing the extent of the holder’s compliance with the provisions of section 2(d) and

(f), the charter contemplated in section 100 and the social and labour plan.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002

Specific Reference: MPRDA, section 22-23

These sections deal with applications for mining rights and the renewal thereof.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002 - Mineral and Petroleum Resources Development Regulations (GN R527 of 2004)

Specific Reference: GN R527, regulations 10-13

These sections deal with detail surrounding applications for mining rights and the renewal thereof. Furthermore, the need for a prospecting work programme is also described.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002

Specific reference: MPRDA, section 20

The holder of a prospecting right may only remove and dispose for his or her own account any mineral found by such holder in the course of prospecting operations conducted pursuant to such prospecting right in such quantities as may be required to conduct tests on it or to identify or analyse it. The holder of a prospecting right must obtain the Minister’s written permission to remove and dispose for such holder’s own account of diamonds and bulk samples of any other minerals found by such holder in the course of prospecting operations.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002 - Mineral and Petroleum Resources Development Regulations (GN R527 of 2004)

Specific Reference: GN R527, regulations 2-9, 18

These sections deal with details surrounding applications for reconnaissance permission, permits and prospecting rights, as well as for the renewal thereof. Furthermore, the need for a prospecting work programme is also described.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002

Specific Reference: MPRDA, sections 13-19

These sections deal with applications for reconnaissance permissions and prospecting rights and also set out the duties of holders of these permits/ rights.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002

Specific Reference: MPRDA, section 5A

No person may prospect for or remove, mine, conduct technical co-operation operations, reconnaissance operations, explore for and produce any mineral or petroleum or commence with any work incidental thereto on any area without-

(a) an environmental authorisation;

(b) a reconnaissance permission, prospecting right, permission to remove, mining right, mining permit, retention permit, technical co-operation permit, reconnaissance permit, exploration right or production right, as the case may be; and

(c) giving the landowner or lawful occupier of the land in question at least 21 days written notice.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002

Specific Reference: MPRDA, section 38A

The Minister of Mineral Resources is the responsible authority for implementing environmental provisions in terms of the NEMA as it relates to prospecting, mining, exploration, production or activities incidental thereto on a prospecting, mining, exploration or production area. An environmental authorisation issued by the Minister shall be a condition prior to the issuing of a permit or the granting of a right in terms of this Act.

Applicable Act: National Exemption Regulations, 2014

Specific Reference: NEMA: GN R994

The purpose of these Regulations is to regulate the process contemplated in section 24M(3) of NEMA relating to the lodging and processing of an application for exemption in terms of the NEMA.

Applicable Act: Amendments to the Environmental Impact Assessment Regulations: GN 326 of 7 April 2017

Specific Reference: NEMA: GN 326

These EIA Regulations define and explain the procedure that must be followed to obtain, or amend, an environmental authorisation.

Useful Links: Click here for access to the Guidelines relevant to the use of these Regulations.

Applicable Act: Amendments to the Environmental Impact Assessment Regulations Listing Notice 1 of 2014: GN 327 of 7 April 2017 and listed activities

Specific Reference: NEMA: GN 327

This is listing notice 1 of the set of EIA Regulations. Certain activities have been listed in this notice, requiring environmental authorisation prior to commencement.

Applicable Act: Amendments to the Environmental Impact Assessment Regulations Listing Notice 2 of 2014: GN 325 of 7 April 2017 and listed activities

Specific Reference: NEMA: GN 325

This is listing notice 2 of the set of EIA Regulations. Certain activities have been listed in this notice, requiring environmental authorisation prior to commencement.

Applicable Act: Amendments to the Environmental Impact Assessment Regulations Listing Notice 3 of 2014: GN 324 of 7 April 2017 and listed activities

Specific Reference: NEMA: GN 324

This is listing notice 3 of the set of EIA Regulations. Certain activities have been listed in this notice, requiring environmental authorisation prior to commencement

Applicable Act: National Environmental Management Act 107 of 1998

Specific Reference: NEMA, section 24P

An applicant for an environmental authorisation relating to prospecting, exploration, mining or production must, before the Minister responsible for mineral resources issues the environmental authorisation, comply with the prescribed financial provision for the rehabilitation, closure and ongoing post decommissioning management of negative environmental impacts.

Applicable Act: Financial Provisioning Regulations, 2015

Specific reference: NEMA: GN R1147

The purpose of these Regulations is to regulate the determine and making of financial provision as contemplated in the Act for the costs associated with the undertaking of management, rehabilitation and remediation of environmental impacts from prospecting, exploration, mining or production operations through the lifespan of such operations and latent or residual environmental impacts that may become known in the future.

A holder, or holder of a right or permit who applied for such right or permit prior to the commencement of the Regulations but who obtained such right or permit after the commencement of the Regulations, must within 39 months of the commencement of the Regulations and annually thereafter-

(a) ensure that a review, assessment and adjustment of the financial provision is conducted in accordance with regulation 11 of the Regulations, read with the necessary changes; and

(b) submit an updated financial provision, including the plans and report contemplated in regulation 11(1), a copy of the independent auditor's reports and proof of arrangements to provide the financial provision for approval by the Minister responsible for mineral resources, which updated financial provision must be-

(i) included in any audit required in terms of an environmental authorisation issued in terms of the Act; and

(ii) attached to any amendment of an environmental management programme to be submitted in terms of the Environmental Impact Assessment Regulations, 2014.

Useful Links: Click here for access to the first two appendices of these Regulations.

Applicable Act: National Environmental Management Act 107 of 1998

Specific Reference: NEMA, section 24N

The Minister, the Minister responsible for mineral resources or an MEC may require the submission of an environmental management programme before considering an application for an environmental authorisation. Where an environmental impact assessment has been identified as the environmental instrument to be utilised as the basis for a decision on an application for environmental authorisation, the Minister, the Minister responsible for mineral resources or an MEC must require the submission of an environmental management programme before deciding an application for an environmental authorisation.

Applicable Act: National Environmental Management Act 107 of 1998

Specific Reference: NEMA, section 24, 24F and section 24G

No person may commence with an activity listed or specified unless the competent authority has granted an environmental authorisation for the activity. It is a criminal offence to commence with a listed activity without and environmental authorization. The unlawful commencement of a listed activity may be rectified in terms of an application in terms of section 24G of the NEMA. In this regard the Minister or MEC may issue an environmental authorisation after the submission of a report and payment of an administrative fine. Commencement of an activity is defined in the NEMA to mean “commence the start of a physical activity on the site in furtherance of a listed activity”. Regulations relating to Environmental Impact Assessments and listings of activities that require environmental authorisation, was published under NEMA which came into operation on 8 December 2014. There are four government notices:

• Environmental Impact Assessment (EIA) Regulations (Published under GN 326) (“EIA Regulations”);

• Environmental Impact Assessment Regulations Listing Notice 1 of 2014 (Published under GN 327) (“Listing Notice 1”);

• Environmental Impact Assessment Regulations Listing Notice 2 of 2014 (Published under GN 325) (“Listing Notice 2”); and

• Environmental Impact Assessment Regulations - Listing Notice 3 (Published under GN 324) (“Listing Notice 3”).

Applicable Act: Section 24G Fine Regulations, 2017

Specific Reference: NEMA: GN R698

The purpose of these Regulations is to provide for the procedure to be followed and criteria to be considered in the determination of a fine pursuant to an application submitted in terms of section 24G of the Act and any matters incidental thereto.

Useful Link: Click here for access to Annexure A to these Regulations.

Applicable Act: Fees for consideration and processing of applications for environmental authorisations and amendments thereto

Specific Reference: NEMA: GN 141

These regulations specify fees for consideration and processing of applications for environmental authorisations and amendments thereto.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002 - Mineral and Petroleum Resources Development Regulations (GN R527 of 2004)

Specific Reference: GN R527, regulation 67

(1) A holder of a right or permit in terms of the Act must comply with the provisions of the Mine Health and Safety Act, 1996 (Act No. 29 of 1996), as well as other applicable law regarding noise management and control.

(2) The assessment of impacts relating to noise pollution management and control, where appropriate, must form part of the environmental impact assessment report and environmental management programme or the environmental management plan, as the case may be.

Applicable Act: Mineral and Petroleum Resources Development Act, 28 of 2002 - Mineral and Petroleum Resources Development Regulations (GN R527 of 2004)

Specific Reference: GN R527, regulation 66

(1) A holder of a right or permit in terms of the Act must comply with the provisions of the Mine Health and Safety Act, 1996 (Act No. 29 of 1996), as well as other applicable law regarding noise management and control.

(2) The assessment of impacts relating to noise pollution management and control, where appropriate, must form part of the environmental impact assessment report and environmental management programme or the environmental management plan, as the case may be.

Applicable Act: Gauteng Noise Control Regulations 1999

Specific Reference: ECA: GN 5479

Noise control regulations specifically applicable in Gauteng must be adhered to.

Applicable Act: National Environmental Management: Air Quality Act 39 of 2004

Specific Reference: NEMAQA, section 34

The Minister may prescribe essential national standards for the control of noise or for determining a definition of noise and the maximum noise levels. The provincial and local government spheres are bound by any prescribed national standards.

Applicable Act: National Environmental Management: Air Quality Act 39 of 2004

Specific Reference: NEMAQA, section 35

The Minister or MEC may prescribe measures for the control of offensive odours emanating from specified activities. The occupier of any premises must take all reasonable steps to prevent the emission of any offensive odour caused by any activity on such premises.

Applicable Act: National Dust Control Regulations, 2013

Specific Reference: NEMAQA: GN R827

The purpose of the National Dust Control Regulations is to prescribe general measures for the control of dust in all areas. In terms of regulation 3, the standard for the acceptable dust fall rate is set out in Table 1 of the regulations for both residential and non-residential areas. In respect of non-residential areas the acceptable dust fall rate is D <600 and the permitted frequency of exceeding the dust fall rate is twice a year, non-sequential months. If an air quality officer reasonably suspects that a person is contravening the standard for acceptable dust fall, he may require the person to undertake a dust fall monitoring programme.

Applicable Act: National Environmental Management: Air Quality Act 39 of 2004

Specific Reference: NEMAQA, section 32

The Minister or MEC may prescribe -

(a) measures for the control of dust in specified places or areas, either in general or by specified machinery or in specified instances;

(b) steps that must be taken to prevent nuisance by dust; or

(c) other measures aimed at the control of dust. The Dust Control Regulations have been published in this regard (see below).

Applicable Act: National Environmental Management Act 107 of 1998

Specific Reference: NEMA, section 28

There is a general duty of care to investigate, assess and evaluate the impact of dust fall out on the environment. Atmospheric emissions particularly in the form of dust must be adequately maintained to prevent dust pollution.

Applicable Act: Regulations concerning the control of noxious or offensive gases emitted by diesel-driven vehicles

Specific Reference: APPA: GN R1651

No person shall use or cause or permit to be used upon any public road any vehicle driven by a diesel engine if the noxious or offensive gases emitted by such engine are of such density or content as to produce, when measured in accordance with regulation 2-

(1) in the case of a local authority mentioned in Part 1 of the Schedule, a mean reading on the meter greater than 60;

(2) in the case of a local authority mentioned in Part 2 of the Schedule, a mean reading on the meter greater than 65; or

(3) in the case of a local authority mentioned in Part 3 of the Schedule, a mean reading on the meter greater than 70.

Applicable Act: National Ambient Air Quality Standard for Particulate Matter with Aerodynamic Diameter Less than 2.5 Micron Metres (PM 2.5)

Specific Reference: NEMAQA: GN R486

National ambient air quality standards for particulate matter (PM 2.5) have been specified. Air quality monitoring must be conducted and it must be ensured that your operation's emissions adhere to these standards.

Applicable Act: National Ambient Air Quality Standards

Specific Reference: NEMAQA: GN R1210

The Minister, by notice in the Gazette, must identify substances or mixtures of substances in ambient air which, through ambient concentrations, bioaccumulation, deposition or in any other way, present a threat to health, well- being or the environment or which the Minister reasonably believes present such a threat. National ambient air quality standards for sulphur dioxide, nitrogen dioxide, particulate matter (PM10), ozone, benzene, lead and carbon monoxide have been specified. Air quality monitoring must be conducted and it must be ensured that your operation's emissions adhere to these standards.

Applicable Act: National Environmental Management Act 107 of 1998

Specific Reference: NEMA, section 28

The importance of the consideration of climate change impacts of proposed projects have been confirmed in a recent court case. It is therefore important to investigate your operation's impact on climate change when evaluating your atmospheric emission impact.

Useful Links: Click here for a court case pertaining to the importance of the consideration of climate change impacts.

Applicable Act: NEMAQA: GN 351

Specific Reference: NEMAQA:GN R351, regulation 5

No air-conditioning systems may be installed after 1 January 2015 containing ozone-depleting substances (HCFCs or HCFC-22). The use of HCFCs or HCFC-22 must be phased out completely by 2040.

Applicable Act: National Environmental Management: Air Quality Act 39 of 2004

Specific reference: NEMAQA, section 29

The Minister or MEC may, by notice in the Gazette declare any substance contributing to air pollution as a priority air pollutant; and require persons falling within a category specified in the notice to prepare, submit to the Minister or MEC for approval, and implement pollution prevention plans in respect of a substance declared as a priority air pollutant. The Minister or MEC may, by written notice to a person conducting a listed activity which involves the emission of a substance declared as a priority air pollutant, require that person to prepare, submit to the Minister or MEC for approval and implement a pollution prevention plan, whether or not that person falls within a category specified. Pollution prevention plans must comply with such requirements as may be prescribed by the Minister or MEC. A notice contemplated in subsection (1)(b) or (2) must contain a requirement that the person indicated in the notice monitors, evaluates and reports on the implementation of the pollution prevention plan that has been approved in terms of subsection (1) or (2).

Applicable Act: National Pollution Prevention Plans Regulations, 2017

Specific Reference: NEMAQA: GN 712

The purpose of these Regulations is to prescribe the requirements that pollution prevention plans of greenhouse gases declared as priority air pollutants need to comply with in terms of section 29(3) of the Act.

Applicable Act: National Environmental Management: Air Quality Act 39 of 2004

Specific Reference: NEMAQA, section 23

The Minister or MEC may, by notice in the Gazette, declare any appliance or activity, or any appliance or activity falling within a specified category, as a controlled emitter if such appliance or activity, or appliances or activities falling within such category, result in atmospheric emissions which through ambient concentrations, bioaccumulation, deposition or in any other way, present a threat to health or the environment or which the Minister or MEC reasonably believes presents such a threat.

Applicable Act: Declaration of greenhouse gases as priority air pollutants

Specific Reference: NEMAQA: GN 710

The following greenhouse gases are declared priority air pollutants:

(a) Carbon dioxide (CO2);

(b) Methane (CH4);

(c) Nitrous oxide (N2O);

(d) Hydrofluorocarbons (HFCs);

(e) Perfluorocarbons (PFCs); and

(f) Sulphur hexafluoride (SF6)."

Applicable Act: Highveld Priority Area Air Quality Management Plan

Specific Reference: NEMAQA: GN 144

The Highveld region in South Africa is also associated with poor air quality and elevated concentrations of criteria pollutants occur due to the concentration of industrial and non-industrial sources (Held et al, 1996; DEAT, 2006). The Minister of Environmental Affairs therefore declared the Highveld Priority Area (HPA) on 23 November 2007. As the area declared overlaps provincial boundaries, the Department of Environmental Affairs (DEA) functions as the lead agent in the management of the priority area and is required in terms of Section 19(1) of the AQA to develop an AQMP for the priority area. The overall objective, goals and objectives for the AQMP are presented in Chapter 6. Chapter 7 details the implementation plan to achieve the HPA AQMP overall objective. A separate implementation table is developed to meet each goal of the AQMP. Stakeholder roles and responsibilities are indicated. The monitoring, evaluation and review mechanisms for the AQMP are outlined in Chapter 8, indicating the methodology to use the indicators included in the implementation plan. It must be ensured that your operation's activities are aligned with the objectives of this Plan. "

Applicable Act: National Environmental Management: Air Quality Act 39 of 2004

Specific Reference: NEMAQA, section 19

If the Minister has in terms of section 18 declared an area as a priority area, the national air quality officer must -

(a) after consulting the air quality officers of any affected province and municipality, prepare a priority area air quality management plan for the area; and

(b) within six months of the declaration of the area, or such longer period as the Minister may specify, submit the plan to the Minister for approval.

Applicable Act: National Environmental Management: Air Quality Act 39 of 2004

Specific Reference: NEMAQA, section 18 "The Minister or MEC may, by notice in the Gazette, declare an area as a priority area if the Minister or MEC reasonably believes that -

(a) ambient air quality standards are being, or may be, exceeded in the area, or any other situation exists which is causing, or may cause, a significant negative impact on air quality in the area; and

(b) the area requires specific air quality management action to rectify the situation. The Priority Area tool has three strategic drivers:

i. It effectively allows for the concentration of limited AQM capacity (human, technical and financial) for dealing with acknowledged problem areas in order to obtain measurable air quality improvements in the short-, medium- and long-term;

ii. It prescribes a cooperative governance approach;

iii. It allows for the implementation of ‘cutting edge’ AQM methodologies that take into account all contributors to the air pollution problem, i.e. “air-shed”-level management.

Applicable Act: National Environmental Management: Air Quality Act 39 of 2004

Specific Reference: NEMAQA, section 35

Reasonable steps must be taken by the occupier of any premises to prevent the emission of any offensive odour caused by any activity on such premises.

Applicable Act: Air Quality Offsets Guideline, 2016

Specific Reference: NEMAQA: GN 333

The purpose of this document is to provide guidance on situations under which offsets can be applied during the implementation of the atmospheric emission licensing system stipulated in Chapter 5 of AQA. The document also provides guidance in terms of principles that should be adhered to in recommending and implementing offsets as well as the responsibilities of the different role players.

Applicable Act: Regulations prescribing the format of the Atmospheric Impact Report, 2013

Specific Reference: NEMAQA: GN 747

An air quality officer may require any person to submit to the air quality officer an atmospheric impact report in a prescribed form if

(a) the air quality officer reasonably suspects that the person has on one or more occasions contravened or failed to comply with this Act or any conditions of a licence and that such contravention or failure has had, or may have, a detrimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or cultural heritage, or has contributed to the degradation of ambient air quality; or

(b) a review of a provisional atmospheric emission licence or an atmospheric emission licence is undertaken in terms of section 45. These regulations describe the format for the atmospheric impact report.

Applicable Act: National Greenhouse Gas Emission Reporting Regulations

Specific Reference: NEMAQA: GN 275

The purpose of the Regulations is to introduce a single national reporting system for the transparent reporting of greenhouse gas emissions. Certain registration and reporting requirements are imposed on companies identified as data providers.

Applicable Act: National Atmospheric Emission Reporting Regulations, 2015

Specific Reference: NEMAQA: GNR 283

Companies identified as emission sources and data providers must annually on 31 March submit an emissions report to the National Atmospheric Emission Inventory System (NAEIS) . Records of data submitted must be kept for a period of 5 years. Emission sources and data providers are listed in Annexure 1 of NEMAQA: GN R283.