Consultation on the proposed amendments to the Environmental Impact Assessment Regulations

Posted on 27 Nov 2020

On 13 November 2020 Barbara Creecy, the Minister of Forestry, Fisheries and the Environment released the proposed amendments to the Environmental Impact Assessment (EIA) Regulations, specifically Listing Notice 1, Listing Notice 2 and Listing Notice 3 for activities identified in terms of Section 24(2) and 24D of the National Environmental Management Act, 1998 (Act No. 107 of 1998).


Members of the public are invited to submit written comments or input within 30 days from the date of the publication of the Notice in the Government Gazette (No. 43904 of 13 November 2020). Comments must therefore be received by 13 December 2020. It should also be noted that due to the COVID-19 pandemic, that comments are preferred to be delivered via email:


Proposed amendments to the EIA Regulations out for comments include the following sections and Regulations:

  • Index;
  • 1: Interpretation;
  • 6: Where to submit;
  • 16: General Application Requirements;
  • 19: Submission of basic assessment report and environmental management programme, and where applicable closure plan, to the competent authority;
  • 20: Decision on basic assessment application;
  • 21: Submission of scoping report to competent authority;
  • 23: Submission and consideration of environmental impact assessment report and environmental management programme;
  • 24: Decision of S&EIR application;
  • 26: Amendment of regulation 26;
  • The heading of Chapter 5: Amendment, Suspension, Withdrawal and Auditing of Compliance with Environmental Authorisation, Environmental Management Programme or Closure Plan;
  • 34: Auditing of compliance with environmental authorisation, environmental management programme and closure plan;
  • 35: Amendment of environmental management programme or closure plan as a result of an audit;
  • 37: Amendment of environmental management programme or closure plan on application by holder of environmental authorisation;
  • 40: Purpose of public participation;
  • 41: Public participation process;
  • 54A: Traditional provisions;
  • Appendix 1;
  • Appendix 3;
  • Appendix 4;
  • Appendix 5;
  • Appendix 7;
  • Listing Notice 1;
  • Listing Notice 2;
  • Listing Notice 3.


The amendments are proposed to align the EIA Regulations with the Financial Provisioning Regulations.


ENVASS herewith reminds stakeholders that comments on the proposed amendments listed above need to be submitted to the abovementioned email address by 13 December 2020.