Environmental Impact Assessment Regulations, 2014

The Environmental Impact Assessment Regulations, 2014, establish the legal procedures and criteria for preparing, submitting, and deciding upon applications for environmental authorisations in South Africa. The regulations detail two primary assessment paths—Basic Assessment and Scoping and Environmental Impact Reporting (S&EIR)—and mandate the involvement of independent Environmental Assessment Practitioners (EAPs) and specialists to mitigate detrimental environmental impacts.

• The regulations define two distinct environmental impact assessment processes: a 'basic assessment' and a 'scoping and environmental impact reporting process' (S&EIR). The EAP must determine which process applies based on ministerial notices, applicable guidelines, and advice from the competent authority.
• Proponents are required to appoint an independent Environmental Assessment Practitioner (EAP) at their own cost to manage the application. Independence is defined as having no business, financial, or personal interest in the activity, or no circumstances that compromise objectivity.
• The regulations mandate a public participation process for basic assessment reports, scoping reports, and environmental impact assessment reports, requiring a minimum period of 30 days for interested and affected parties to submit comments.
• Environmental authorisations must include specific conditions, including the frequency of auditing compliance with the Environmental Management Programme (EMPr) and closure plans. The interval between these audits may not exceed 5 years.
• The regulations establish strict timeframes for the competent authority to acknowledge receipt of applications (10 days) and to notify applicants of a decision (5 days), including the reasons for that decision.
• Environmental authorisations can be suspended or withdrawn if the competent authority believes the authorisation was obtained through fraud, misrepresentation of material facts, or non-disclosure of material information.
• The regulations specify that for mining applications, the applicant must provide proof of acceptance of an application for a right, permission, permit, or consent in terms of the Mineral and Petroleum Resources Development Act, 2002.
• The regulations provide for the amendment of environmental authorisations, distinguishing between amendments that do not change the scope or ownership and those that result in an increased level or change in the nature of the impact.

APA

Centre for Environmental Rights (2014). Environmental Impact Assessment Regulations, 2014. https://cer.org.za/wp-content/uploads/1999/01/NEMA-EIA-Regulations-2014-as-amended.pdf?x21779

Chicago

Centre for Environmental Rights. Environmental Impact Assessment Regulations, 2014. 2014. https://cer.org.za/wp-content/uploads/1999/01/NEMA-EIA-Regulations-2014-as-amended.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=Environmental Impact Assessment Regulations, 2014 |date=4 December 2014 |url=https://cer.org.za/wp-content/uploads/1999/01/NEMA-EIA-Regulations-2014-as-amended.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights2014environmental, author = {{Centre for Environmental Rights}}, title = {{Environmental Impact Assessment Regulations, 2014}}, institution = {Centre for Environmental Rights}, year = {2014}, month = dec, url = {https://cer.org.za/wp-content/uploads/1999/01/NEMA-EIA-Regulations-2014-as-amended.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }