Basic Assessment is the environmental assessment applied to activities listed in Listing 1. These are smaller scale activities, the impacts of which are generally known and can be easily managed. Typically, these activities are considered less likely to have significant environmental impacts and, therefore, do not require a full-blown and detailed Environmental Impact Assessment.A Basic Assessment Report is a more concise analysis of the environmental impacts of the proposed activity than Scoping EIA Reports. However, Basic Assessment still requires public notice and participation, consideration of the potential environmental impacts of the activity, assessment of possible mitigation measures, and an assessment of whether there are any significant issues or impacts that might require further investigation. The Basic Assessment Report must provide the Competent Authority with enough information to consider the Application and to reach a decision. If the Competent Authority is unable to decide based on Basic Assessment Report alone, the Competent Authority may request an Applicant to subject the proposed activity to the more thorough Scoping and EIA process.

Scoping and EIA requires a thorough environmental assessment for activities contained in Listing 2. Listing 2 are those activities that (due to their nature and/or extent) are likely to have significant impacts that cannot be easily predicted. They are therefore higher risk activities that are associated with potentially higher levels of pollution, waste and environmental degradation.

A Scoping Report (including Plan of Study) requires a description of the proposed activity and any feasible and reasonable alternatives, a description of the property and the environment that may be affected and the manner in which the biological, social, economic and cultural aspects of the environment may be impacted upon by the proposed activity; description of environmental issues and potential impacts, including cumulative impacts that have been identified, and details of the public participation process undertaken. In addition, a Scoping Report must contain a roadmap for an Environmental Impact Assessment, referred to as the Plan of Study for the EIA, specifying the methodology to be used to assess the potential impacts, and the specialists or specialist reports that will be necessary.

An Applicant may only conduct an EIA after the Competent Authority has approved the Scoping Report and the Plan of Study for the EIA.

The Scoping and EIA Process culminates in the development and submission of the Environmental Impact Assessment Report and the Draft Environmental Management Plan to the Competent Authority.

Must appoint an Environmental Assessment Practitioner to manage the Application;
Must provide the Environmental Assessment Practitioner and Competent Authority with access to all available information relevant to the Application;Must provide the Environmental Assessment Practitioner and Competent Authority with access to all the relevant information;

Must provide the Environmental Assessment Practitioner with truthful information relevant to the proposed identified activity; and

Must pay any costs or fees applicable to the Application.

• Must make decisions on Applications for Environmental Authorisations in accordance with the Regulations;
• Notify Applicant/Developer of decision, conditions and Appeal provisions;
• Must comply with the specified timeframes;
• Must give access to information that may be relevant to the Application;
• Must give written reasons for decisions;
• Must enter into written agreements with organs of state with jurisdiction;
• Must, if applicable, consider and respond to Appeals;
• May pass national and/or provincial guidelines;
• May adopt an Environmental Management Framework;
• May withdraw, amend or suspend an Environmental Authorisation;
• Must make decisions in an open and transparent manner;
• Must request additional information or that further studies be conducted if necessary;
• Must give reasons for the decision to the Applicant; and
• Must give reasonable assistance to a person who is unable to participate as a result of illiteracy, disability or any other disadvantage.

• Must ascertain whether the Basic Assessment or Scoping and EIA Application process should be followed;
• Must be independent and objective;
• Must have expertise in conducting Environmental Impact Assessments;
• Must disclose any information that may affect the Competent Authority‘s decision;
• Must take any relevant national and/or provincial guidelines into consideration; and
• Must manage the Application process, by –
  • giving notice, in writing, of the proposed activity to any organ of state with jurisdiction in respect of any aspect of the activity
  • compiling the relevant reports
  • submitting required documentation to Competent Authority
  • If applicable amend reports and or provide additional information upon Competent Authority’s request
  • notifying Interested and Affected Party of the Competent Authority’s decision and Appeal provisions
  • conducting at least basic public participation –
    • arrange the required public participation activities
    • provide adequate time for public participation
    • provide Interested and Affected Parties with information that will enable them to participate
    • keep a register of Interested and Affected Parties and record their inputs
    • consider and record all objections and representations received from Interested and Affected Parties
    • provide Interested and Affected Parties with an opportunity to comment on all reports

• May participate in the Application process;
• May comment on any written communication submitted to the Competent Authority;
• Must comment within the specified/agreed timeframes;
• Must send copies of any comments to the Applicant/Environmental Assessment Practitioner/Consultant if submitted directly to Competent Authority;
• Must disclose any interest in Application being granted or refused; and
• May Appeal a final decision.

The Competent Authority can withdraw or amend an Exemption. You must notify the Competent Authority that your rights and interests were affected and describe your objection to the Exemption or project.

You can also lodge an Appeal against the decision within the appropriate timeframe.

Yes.If the Applicant/Developer is not the owner of the land on which the activity is to be undertaken, the Applicant/Developer must obtain written consent of the landowner to undertake the activity. This written consent must be submitted to the Competent Authority together with the Application form requestingEnvironmental Authorisation (both Basic Assessment and Scoping and EIA).

However, if the Applicant/Developer proposes to undertake a linear activity, such as a pipeline or a road that possibly runs across more than one landowner’s property, he does not need the written consent of the owners, provided that he has given written notice to the owners of the land on which the activity is to be undertaken as soon as the proposed route is identified. Proof of this written notification must be submitted to the Competent Authority together with the Application form requesting Environmental Authorisation (both Basic Assessment and Scoping and EIA). If you own the land on which the linear activity is proposed to cross, contact the Environmental Assessment Practitioner/Consultant and make sure that you are registered as an Interested and Affected Partyand be sure to submit your comments.

The Regulations require the Environmental Assessment Practitioner/Consultant to be independent of the Applicant/Developer and perform the work in anobjective manner. If you have concerns about the Environmental Assessment Practitioner/Consultant’s independence, raise them with the Competent Authority.If at any stage the Competent Authority has reason to believe that an Environmental Assessment Practitioner/Consultant is not independent, it must: notify the Environmental Assessment Practitioner/Consultant of the reasons for its belief and afford it the opportunity to make representations to the Competent Authority about his/her independence.

If, after considering the Environmental Assessment Practitioner’s comments, it is not convinced that the Environmental Assessment Practitioner is independent, the Competent Authority may refuse to accept any further reports or input from the Environmental Assessment Practitioner/Consultant. Earlier reports may have to be redone.