SUBMISSION ON THE INTENTION TO AMEND 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 (ACT NO.107 OF 1998)

The Centre for Environmental Rights argues that several proposed amendments to South Africa's EIA Regulations underestimate the environmental risks of mining and seismic activities. Specifically, it contends that onshore seismic surveys and the expansion of mining operations—including the reclamation of residue stockpiles—should require a full Scoping and Environmental Impact Assessment (S&EIA) under Listing Notice 2 rather than a Basic Assessment Report under Listing Notice 1. The submission also highlights systemic issues in the EIA process, such as the lack of transparency in mining right amendments under section 102 of the MPRDA and the conflict of interest arising from applicants paying for their own Environmental Assessment Practitioners (EAPs).

• The Centre for Environmental Rights opposes the inclusion of onshore seismic surveys under Listing Notice 1, arguing that the potential for environmental damage from vibroseis and explosives requires the more stringent Scoping and EIA process associated with Listing Notice 2.
• The submission argues that proposed amendments to activities 66A, 66B, and 66C under Listing Notice 1 are insufficient because they only require a basic assessment for the expansion of mining activities, which can lead to significant environmental degradation and the circumvention of licensing laws.
• The document contends that the reclamation of residue stockpiles and deposits, including tailings dams, should be listed under Listing Notice 2 due to the risk of severe and irreversible impacts, citing the Jagersfontein dam failure as an example of improper regulation.
• The Centre for Environmental Rights identifies a lack of transparency in the amendment of mining rights under section 102 of the MPRDA, noting that the Department of Mineral Resources and Energy does not require a public participation process for these applications.
• The submission recommends that non-compliance with Regulation 26(h), which requires environmental authorisations and audit reports to be publicly available, should be classified as a criminal offence to ensure transparency in extractive industries.
• The document argues that Regulation 12(1) creates a conflict of interest because applicants pay for their own Environmental Assessment Practitioners (EAPs), compromising the independence of the assessment process.

APA

Centre for Environmental Rights (2023). SUBMISSION ON THE INTENTION TO AMEND 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 (ACT NO.107 OF 1998). https://cer.org.za/wp-content/uploads/2023/09/CER-Submission-on-the-Intention-to-Amend-the-Environmental-Impact-Assessment-Regulations-and-ancillary-Listing-Notices_04-09-2023.pdf?x21779

Chicago

Centre for Environmental Rights. SUBMISSION ON THE INTENTION TO AMEND 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 (ACT NO.107 OF 1998). 2023. https://cer.org.za/wp-content/uploads/2023/09/CER-Submission-on-the-Intention-to-Amend-the-Environmental-Impact-Assessment-Regulations-and-ancillary-Listing-Notices_04-09-2023.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=SUBMISSION ON THE INTENTION TO AMEND 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 (ACT NO.107 OF 1998) |date=4 September 2023 |url=https://cer.org.za/wp-content/uploads/2023/09/CER-Submission-on-the-Intention-to-Amend-the-Environmental-Impact-Assessment-Regulations-and-ancillary-Listing-Notices_04-09-2023.pdf?x21779 |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2023submission, author = {{Centre for Environmental Rights}}, title = {{SUBMISSION ON THE INTENTION TO AMEND 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 (ACT NO.107 OF 1998)}}, publisher = {Centre for Environmental Rights}, year = {2023}, month = sep, url = {https://cer.org.za/wp-content/uploads/2023/09/CER-Submission-on-the-Intention-to-Amend-the-Environmental-Impact-Assessment-Regulations-and-ancillary-Listing-Notices_04-09-2023.pdf?x21779}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }