Subject: ENVIRONMENT CONSERVATION ACT (ACT NO
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ENVIRONMENT CONSERVATION ACT (ACT NO. 73 OF 1989)

Sections relevant to Environmental Impact Assessments

21.  Identification of activities which will probably have detrimental effect on environment

(1) The Minister may by notice in the Gazette identify those activities, which in his opinion may have a substantial detrimental effect on the environment, whether in general or in respect of certain areas.

(2) Activities which are identified in terms of subsection (1) may include any activity in any of the following categories, but are not limited thereto:

(a) land use and transformation;

(b) water use and disposal;

(c) resource removal, including natural living resources;

(d) resource renewal;

(e) agricultural processes;

(f) industrial processes;

(g) transportation;

(h) energy generation and distribution;

(i) waste and sewage disposal;

(j) chemical treatment;

(k) recreation.

(3) The Minister identifies an activity in terms of subsection (1) after consultation with-

(a) the Minister of each department of State responsible for the execution, approval or control of such activity;

(b) the Minister of State Expenditure; and

(c) the competent authority of the province concerned.

[Sub-s. (3) substituted by s. 10 of Act No. 79 of 1992.]

22.  Prohibition of undertaking of identified activities

(1) No person shall undertake an activity identified in terms of section 21 (1) or cause such an activity to be undertaken except by virtue of a written authorisation issued by the Minister or by a competent authority or local authority or an officer, which competent authority, authority or officer shall be designated by the Minister by notice in the Gazette.

(2) The authorisation referred to in subsection (1) shall only be issued after consideration of reports concerning the impact of the proposed activity and of alternative proposed activities on the environment, which shall be compiled and submitted by such persons and in such manner as may be prescribed.

(3) The Minister or the competent authority, or a local authority or officer referred to in subsection (1), may at his or its discretion refuse or grant the authorisation for the proposed activity or an alternative proposed activity on such conditions, if any, as he or it may deem necessary.

(4) If a condition imposed in terms of subsection (3) is not being complied with, the Minister, any competent authority or any local authority or officer may withdraw the authorisation in respect of which such condition was imposed, after at least 30 days' written notice was given to the person concerned.

[S. 22 substituted by s. 11 of Act No. 79 of 1992.]

26.  Regulations regarding environmental impact reports

The Minister or a competent authority, as the case may be, may make regulations with regard to any activity identified in terms of section 21 (1) or prohibited in terms of section 23 (2), concerning-

(a) the scope and content of environmental impact reports, which may include, but are not limited to-

(i) a description of the activity in question and of alternative activities;

(ii) the identification of the physical environment which may be affected by the activity in question and by the alternative activities;

(iii) an estimation of the nature and extent of the effect of the activity in question and of the alternative activities on the land, air, water, biota and other elements or features of the natural and man-made environments;

(iv) the identification of the economic and social interests which may be affected by the activity in question and by the alternative activities;

(v) an estimation of the nature and extent of the effect of the activity in question and the alternative activities on the social and economic interests;

(vi) a description of the design or management principles proposed for the reduction of adverse environmental effects; and

(vii) a concise summary of the finding of the environmental impact report;

(b) the drafting and evaluation of environmental impact reports and of the effect of the activity in question and of the alternative activities on the environment; and

(c) the procedure to be followed in the course of and after the performance of the activity in question or the alternative activities in order to substantiate the estimations of the environmental impact report and to provide for preventative or additional actions if deemed necessary or desirable.

[S. 26 amended by s. 15 of Act No. 79 of 1992 and by R. 39 of 1995-04-07.]