             DEPARTMENT OF FORESTRY, FISHERIES AND THE ENVIRONMENT                         NO. 2320                         29 July 2022                         NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 (ACT NO. 107 OF 1998}                         AMENDMENT OF THE SECTION 24H REGISTRATION AUTHORITY REGULATIONS, 2016                        Barbara Dallas Creecy, Minister of Forestry, Fisheries and the Environment, hereby, in terms of sections 24(5)(e), 24H and 44 of the National Environmental Management Act, 1998 (Act No. 107 of 1998), read with regulation 1(2) of the Environmental Impact Assessment Regulations, 2014 amend the Section 24H Registration Authority Regulations, 2016, as amended, as set out in the Schedule.                                              BARBARA DALLAS CREECY                       MINISTER OF FORESTRY, FISHERIES AND THE ENVIRONMENT                       SCHEDULE                         Definitions                          In this Schedule unless the context indicates otherwise                          the Regulations         means the Section 24H Registration Authority Regulations, 2016, published under Government Notice No. 849 in Government          Gazette          No. 40154 of 22 July 2016, as amended by Government Notice No. 906 in Government          Gazette          No. 43632 of 21 August 2020, as amended by Government Notice No. 1733 in Government          Gazette          No. 45883 of 7 February 2022 and as amended by Government Notice No. 1735 in Government          Gazette          No. 45886 of 8 February 2022.                       Amendment of index of the Regulations                          The index is hereby amended                          by the substitution for the heading of Chapter 1 of the following heading                            INTERPRETATION, PURPOSE AND APPLICATION OF THESE REGULATIONS ; and                          by the insertion, after the heading of regulation 2, of the following heading                        2A. Application of these Regulations .                       Amendment of Chapter 1 of the Regulations                          Chapter 1 of the Regulations is hereby amended by the substitution for the heading of the following heading                          INTERPRETATION, PURPOSE AND APPLICATION OF THESE REGULATIONS Amendment of regulation 1 of the Regulations                        Regulation 1 of the Regulations is hereby amended                          by the insertion, in the definition of          applicant         after the word practitioner of the words or candidate environmental assessment practitioner ;                     by the deletion of the definition of          application ;                        {c) by the insertion after the definition of          applicant         of the following definition                       Environmental Impact Assessment Regulations         means the Environmental Impact Assessment Regulations published in terms of section 24(5} and 44 of the Act;  1                       by the deletion of the definition of          EMPr ;                       by the deletion of the definition of          environmental assessment practitioner ;                       by the substitution for the definition of          registered candidate environmental assessment practitioner         of the following definition                                  registered candidate environmental assessment practitioner         means a candidate environmental assessment practitioner who is registered as such by the registration authority appointed in terms of section 24H of the Act in accordance with criteria prescribed in these Regulations; ; and                      (g) by the substitution for the definition of           registered environmental assessment practitioner"          of                      the following definition                       registered environmental assessment practitioner         means an environmental assessment practitioner who is registered as such by the registration authority appointed in terms of section 24H of the Act in accordance with criteria prescribed in these Regulations; .                       Amendment of regulation 2 of the Regulations                          Regulation 2 of the Regulations is hereby amended by the substitution for paragraph numbers (1),                         and (3) of paragraph numbers (a), (b) and (c).                          Insertion of regulation 2A in the Regulations                          The foliowing regulation is hereby inserted in the Regulations after regulation 2                            2A. Application of these Regulations                       These Regulations apply to an application for an environmental authorisation contemplated in                       Chapter 5 of the Act, read with the Environmental Impact Assessment Regulations;                     section 24G of the Act; and                     Chapter 5 of the National Environmental Management  Waste Act, 2008 (Act No. 59 of 2008), read with the Environmental Impact Assessment Regulations. .                          Substitution of regulation 14 of the Regulations                          The following regulation is hereby substituted for regulation 14 of the Regulations                            14. Requirement to register as environmental assessment practitioner                       (1) Only a person registered as an environmental assessment practitioner may perform tasks in connection with an application for an environmental authorisation contemplated in                       Chapter 5 of the Act, read with the Environmental Impact Assessment Regulations;                     section 24G of the Act; and                     Chapter 5 of the National Environmental Management  Waste Act, 2008 (Act No. 59 of 2008), read with the Environmental Impact Assessment Regulations.                              (2) The tasks contemplated in subregulation (1 )(a) are the tasks specified relating to-                      the investigation, assessment and preparation of a basic assessment report, EMPr and closure plan contemplated in regulations 19(1)(a), 19(2), 19(3), 19(4) and 19(6) and the assessment, evaluation and consideration of such reports and documents in order to inform a decision on an application for environmental authorisation contemplated in regulation 20(1) of Part 2 of Chapter 4 of the Environmental Impact Assessment Regulations;                     the investigation and preparation of a scoping report contemplated in regulation 21(1) and 21 (3) and the evaluation and consideration of the scoping report in order to inform a decision contemplated in regulation 22 of Part 3 of Chapter 4 of the Environmental Impact Assessment Regulations;                     the investigation, assessment and preparation of an environmental impact assessment report, EMPr and closure plan contemplated in regulations 23(1 )(a), 23(2), 23(3), 23(4) and 23(4B) and the assessment, evaluation and consideration of such reports and documents in order to inform a decision on an application for environmental authorisation contemplated in regulation 24(1) of Part 3 of Chapter 4 of the Environmental Impact Assessment Regulations; and                     the investigation, assessment and preparation of a report contemplated in regulations 32(1 )(a) and 32(2) and the assessment, evaluation and consideration of such reports in order to inform a decision contemplated in regulation 33(1) of Part 2 of Chapter 5 of the Environmental Impact Assessment Regulations.                         The tasks contemplated in subregulation (1 )(b) are the tasks specified in                          section 24G(1)(a)(ii) and 24G(1)(b)(ii) of the Act in so far as it relates to the investigation, evaluation and assessment of impacts;                     section 24G(1)(a)(vii) and 24G(1)(b)(vii) of the Act in so far as it relates to the compilation of the report containing the information contemplated in paragraphs (aa) - (ee); and                     section 24G(2) of the Act in so far as it relates to the assessment, evaluation and consideration of the report or information submitted in order to inform a decision on an application contemplated in subregulation (1)(b).                         The tasks contemplated in subregulation (1 )(c) are the tasks specified in-                      fa) sections 45(2)(b) and 45(3) of the National Environmental Management  Waste Act, 2008 (Act No. 59 of 2008) in so far as it relates to the investigation, assessment and compilation of documentation and information;                   (b) section 48 of the National Environmental Management  Waste Act, 2008 (Act No. 59 of 2008) in so far as it relates to the assessment, evaluation and consideration of all relevant matters; and                      subregulation (2).                      (5)                   Notwithstanding subregulation (1), (2), (3) and (4), a person that                       takes the final decision, based on recommendations received, on an application contemplated in subregulation (1)(a) - (c) when that person is the Minister, Minister responsible for mineral resources, MEC, Director-General, the Director-General of the department responsible for mineral resources or a provincial head of department responsible for environmental affairs or a person acting in such position;                     provides comments on documents forming part of an application contemplated in subregulation (1)(a) - (c); or                     investigates, assesses or prepares specialist reports contemplated in regulation 19(8} and 23(5) of the Environmental Impact Assessment Regulations;                      is not required to be a registered environmental assessment practitioner.                   (6} When acting under supervision of a registered environmental assessment practitioner, a registered candidate environmental assessment practitioner may assist with the performance of tasks contemplated in subregulations (2), (3) and (4). .                       Amendment of regulation 15 of the Regulations                          Regulation 15 is hereby amended                          by the insertion in subparagraph (i) of paragraph (b) of subregulation (1), after the words "level of competence of the words contemplated in the Qualification  Environmental Assessment Practice ;                     by the insertion in subparagraph (ii) of paragraph (b) of subregulation (1), after the words "level of competence of the words contemplated in the Qualification  Environmental Assessment Practice ; and                     by the insertion, in subregulation (4), before the word "sector  1  of the word affected .                          Amendment of regulation 16 of the Regulations                          Regulation 16 is hereby amended                          by the insertion in subregulation (2) after the words to register of the words contemplated in subregulation (1) ; and                     by the substitution of subparagraph (iv) in paragraph (b) of subregulation (2) for the following subparagraph                        (iv) any other information which is indicative of meeting the requirements contemplated in the Qualification  Environmental Assessment Practice. .                            Amendment of regulation 17 of the Regulations                        Regulation 17 is hereby amended                        by the substitution for paragraph (a) of subregulation (2) of the following paragraph                      (a) a portfolio of evidence demonstrating competence which is indicative of meeting the requirements contemplated in the Qualification  Environmental Assessment Practice over the previous five year registration period; ; and                    by the insertion in subregulation (5) after the words as the application of the words for the renewal of registration .                        Amendment of regulation 18 of the Regulations                        Regulation 18 is hereby amended                        by the insertion in paragraph (b) of subregulation (2) after the words "reasonable opportunity of the words of not less than 30 days ;                   by the insertion in subregulation (3) after the words of the decision of the words within 15 days ; and                   by the deletion in paragraph (b) of subregulation (4) of the words in instances where the planning, management, coordination or review of an environmental impact assessment and associated EMPr has been initiated but not yet completed by the time of termination of registration                         Amendment of regulation 21 of the Regulations                        The following regulation is hereby substituted for regulation 21 of the Regulations                          21. Transitional provisions                  If a situation arises where tasks contemplated in regulation 14 have been initiated or reports or documents have been submitted to the relevant authority for decision-making prior to the coming into effect of regulation 14 of these Regulations, the person performing such tasks may dispense of his or her responsibilities without complying with regulation 14 of these Regulations.      

National Environmental Management Act (107/1998): Amendment of the section 24H Registration Authority Regulations, 2016