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CER’S COMMENTS ON THE PROPOSED AMENDMENTS TO THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, LISTING NOTICE 1, LISTING NOTICE 2 AND LISTING NOTICE 3 OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2014 FOR ACTIVITIES IDENTIFIED IN TERMS OF SECTION 24(2) AND 24D OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, AS PUBLISHED IN GOVERNMENT GAZETTE NUMBER 43904 UNDER NOTICE NUMBER 1224 ON 13 NOVEMBER 2020

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The Centre for Environmental Rights (CER) provides detailed comments and proposed amendments to the proposed changes to the Environmental Impact Assessment (EIA) Regulations, 2014, and associated Listing Notices. The CER focuses on improving public participation, ensuring comprehensive financial provisioning for environmental rehabilitation, and opposing 'catch-all' listings for extractive industries.

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  • The CER argues that the proposed amendments to Regulation 19 and 23 improperly limit financial provisioning to 'mining applications,' whereas the National Environmental Management Act (NEMA) defines financial provision more broadly to cover the rehabilitation of adverse environmental impacts for all listed or specified activities.
  • The CER recommends extending the public participation period for basic assessments and environmental impact assessments from 30 days to 60 days to ensure adequate opportunity for comments on financial provisioning and closure plans.
  • The CER objects to the proposed 'catch-all' formulations in Listing Notices 1 and 2 (specifically activities 20, 21, 21A-21F, 17, 19, and 20A), arguing that these groupings allow extractive industries to avoid distinct assessments for activities that can have seriously degrading environmental impacts and contribute to climate change.
  • The CER recommends the deletion of Regulation 39(2)(b) because it allows applicants for environmental authorisation to bypass obtaining written consent from landowners for prospecting or exploration of mineral and petroleum resources, which the CER states conflicts with customary law and the Interim Protection of Informal Land Rights Act, 1996 (IPILRA).
  • The CER suggests that Regulation 41 should be amended to require that public participation processes include plain language summaries and facilitate access to independent expert advice for interested and affected parties.

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APA
Centre for Environmental Rights (n.d.). CER’S COMMENTS ON THE PROPOSED AMENDMENTS TO THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, LISTING NOTICE 1, LISTING NOTICE 2 AND LISTING NOTICE 3 OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2014 FOR ACTIVITIES IDENTIFIED IN TERMS OF SECTION 24(2) AND 24D OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, AS PUBLISHED IN GOVERNMENT GAZETTE NUMBER 43904 UNDER NOTICE NUMBER 1224 ON 13 NOVEMBER 2020. https://cer.org.za/wp-content/uploads/2021/06/11-12-2020-CER-comments-on-the-proposed-amendments-to-EIA-regulations.pdf?x21779
Chicago
Centre for Environmental Rights. CER’S COMMENTS ON THE PROPOSED AMENDMENTS TO THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, LISTING NOTICE 1, LISTING NOTICE 2 AND LISTING NOTICE 3 OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2014 FOR ACTIVITIES IDENTIFIED IN TERMS OF SECTION 24(2) AND 24D OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, AS PUBLISHED IN GOVERNMENT GAZETTE NUMBER 43904 UNDER NOTICE NUMBER 1224 ON 13 NOVEMBER 2020. n.d. https://cer.org.za/wp-content/uploads/2021/06/11-12-2020-CER-comments-on-the-proposed-amendments-to-EIA-regulations.pdf?x21779.
Wikipedia
{{cite press release |author=Centre for Environmental Rights |title=CER’S COMMENTS ON THE PROPOSED AMENDMENTS TO THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, LISTING NOTICE 1, LISTING NOTICE 2 AND LISTING NOTICE 3 OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2014 FOR ACTIVITIES IDENTIFIED IN TERMS OF SECTION 24(2) AND 24D OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, AS PUBLISHED IN GOVERNMENT GAZETTE NUMBER 43904 UNDER NOTICE NUMBER 1224 ON 13 NOVEMBER 2020 |url=https://cer.org.za/wp-content/uploads/2021/06/11-12-2020-CER-comments-on-the-proposed-amendments-to-EIA-regulations.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}
BibTeX
@misc{centreforenvironmentalrightsndcers, author = {{Centre for Environmental Rights}}, title = {{CER’S COMMENTS ON THE PROPOSED AMENDMENTS TO THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, LISTING NOTICE 1, LISTING NOTICE 2 AND LISTING NOTICE 3 OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2014 FOR ACTIVITIES IDENTIFIED IN TERMS OF SECTION 24(2) AND 24D OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, AS PUBLISHED IN GOVERNMENT GAZETTE NUMBER 43904 UNDER NOTICE NUMBER 1224 ON 13 NOVEMBER 2020}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2021/06/11-12-2020-CER-comments-on-the-proposed-amendments-to-EIA-regulations.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }

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