MINUTES OF PUBLIC MEETING

North Block Complex (Pty) Ltd

NBC Glisa Section IWUL & IWWMP Technical Report Public Meeting

CIG/ENVSOL/19/PROJ/0001 26 March 2020 1

MINUTES OF PUBLIC MEETING

TOPIC

Integrated Water Use License Application for the Glisa Section – Public Meeting

DATE

20 February 2020

TIME

15:00

VENUE

Belfast Golf Club, Orssak Road, eMakhazeni

ATTENDANCE

Renee Janse van Rensburg (RJvR) Neville Wilkie (NW)

Fatima Matlou (FM) Maria Wilkie (MW)

Malebogo Mosepele (MM) L. Mankuru (LM)

Samaria Mango (SM1) Isack Mahlangu (IM)

Redwin Tshisudzungwane (RT) H.S. Dlamini (HD)

Nokuthula Cebekulu (NC) N.M.B. Gumede (NG)

Williem P. Pretorius (WPP) Annatjie Burke (AB)

Mbongeni Ndlovu (MN) Sammy Mawango (SM2)

APOLOGIES

Con Sabbagha Susan Sabbagha

MEETING OBJECTIVES

The meeting objectives were:

To present the North Block Complex (Pty) Ltd (NBC) Glisa Section to all members of the

public, potential Interested and Affected parties (I&APs) and registered I&APs.

To present the required water uses that have been applied for in the Integrated Water Use

License (IWUL) application (Reference No.: 27/2/2/B141/17/1) to all members of the public,

potential I&APs and registered I&APs.

To discuss the Draft IWUL & Integrated Water and Waste Management Plan (IWWMP)

Technical Report which is out for public comment until 16-03-2020.

To gather information from all members of the public, potential I&APs and registered I&APs

on issues or concerns they may have with the application as well as to afford them

opportunity to request additional information with regards to the IWUL application process.

ACTIONABLE ITEMS

All actionable items from the minutes are presented in Appendix A.




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INTRODUCTION

The meeting was opened by the Environmental Assessment Practitioner (EAP), Renee Janse van

Rensburg (RJvR), of Commodity Inspections Group (Pty) Ltd (CIGroup) at 15:00.

RJvR introduced herself to all attendees.

RJvR reminded attendees to sign the attendance register (Appendix B).

RJvR thanked everyone for their attendance at the meeting and presented the following agenda:

Introduction and Background

Glisa Section Integrated Water Use License – Current

Glisa Section Integrated Water Use License – New Application

Stakeholder Engagement Process

Specialist Assessments

o Wetlands and Biomonitoring

o Surface Water and Water Balance

o Stormwater Management Plan

o Groundwater and Contaminant Transport Model

Project Status

Discussion

Closing

PRESENTATION

RJvR began the presentation (Appendix C) and introduced NBC and the NBC mining sections (slide

6). RJvR presented the site description (slide 7 - 10), expanded on the current Glisa Section IWUL

(slide 11 - 12), explained the necessity for a new IWUL application (slide 13-15), explained on the

Stakeholders Engagement Process (slide 16 - 18), presented the Specialists Assessment (slide 19

– 37), and the project status (slide 38).

RJvR opened the floor to discussion (slide 39).

DISCUSSION

Annatjie Burke (AB) raised a question during the presentation regarding the consolidated Water

Balance (WB) developed (slide 26). She understood the WB to represent a post-mining scenario

and queried what the operational scenario would be.

RJvR replied that the WB presented was an operational scenario considering the ramping down of

mining activities at the Glisa Section, and the operational mining activities at the Paardeplaats

Section.

AB raised another question during the presentation regarding the contaminant transport model pot-

closure Sulphate (SO42-) contaminant plumes. She queried whether the SO42- contaminant plume

would be under the backfilled areas.




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RJvR replied that the model specifically related to groundwater, so the SO42- contaminant plume

was below the surface. She noted that the groundwater would be recharged through water falling

on surface and seeping through backfilled areas into the groundwater resource. RJvR also

commented that recharge would take place over time until such time that the groundwater level

reached the surface, at which time decant would be experienced.

AB stated that she had many questions of her own and some that she would be asking on behalf of

a gentleman from BirdLife South Africa.

AB raised her concern with regards to the National Environmental Management Act (NEMA)1

Environmental Impact Assessment (EIA) undertaken and the Environmental Authorisation (EA)

granted for the Paardeplaats Section. She stated that the EA was issued in 2013 and had lapsed in

2016. AB went on to state that a number of applications had been done after 2016 on the basis of

the lapsed EA, for instance, the rezoning application for Portion 30 which was concluded in 2019.

AB stated that she believed the whole process to be fatally flawed due to the fact that the EA, a

critical document, lapsed in 2016.

RJvR acknowledge that the NEMA EA lapsed in 2016 and went on to explain that the Mineral and

Petroleum Resources Development Act (MPRDA)2 Mining Right (MR) application was still in the

process of being assessed. She stated that taking consideration of the 2014 NEMA EIA Regulations,

as amended in 2017, that the MPRDA process falls within the transitional arrangements of these

Regulations, and that the issuing of the MR and approval of the MPRDA Environmental Management

Plan (EMP) by Department of Mineral Resources and Energy (DMRE) is deemed to fulfil the

requirements of the NEMA and can be seen as the EA for the Paardeplaats Section.

AB requested to know when the MR was granted.

RJvR replied that the MR was granted in 2018. She further explained that there was an appeal

process that had to be concluded as well as some issues with landowners that needed to be resolved

before the MR could be issued. These processes ran from 2013 – 2018 and once concluded, the MR

was granted.

AB requested an explanation as to why the lapsed EA could still be used by NBC as well as requesting

that the NEMA EIA Regulations be made available to her. Actionable item, refer to Appendix A.

RJvR replied that the NEMA EIA Regulations would be provided to AB. RJvR stated that the lapsed

EA was not in use. She explained that two (2) separate processes had been undertaken, one for

EA in terms of the NEMA and one for a MR in terms of the MPRDA. These processes, she noted,

were separate processes at the time of application and that the NEMA process related to listed

activities of which mining related activities were not included. RJvR continued stating that mining

1 National Environmental Management Act, 1998 (Act No. 107 of 1998) (NEMA), as amended. 2 Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002) (MPRDA), as amended.




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related activities were only recognised as listed activities in the 2014 NEMA EIA Regulations. She

again acknowledged that the EA had been granted for all NEMA listed activities applied for.

AB interjected stating that the EA referred to mining as an activity.

RJvR replied noting that the EA made mention of mining and mining-related activities but that it did

not authorise mining as it was not a listed activity at the time. She went on to note that the NEMA

application had been done in terms of the previous NEMA EIA Regulations (2010), which did not

contain mining as a listed activity.

RJvR went on to explain that when the NEMA EA lapsed Exxaro, the original applicant, was in the

process of attending to the appeal and landowner aspects that the DMRE required conclusion on.

She went on to state that the documents developed and submitted as part of the NEMA process

were also used in the MPRDA process, and that this included the EIA and the EMP, with the same

management and mitigation measures proposed. RJvR commented that with the approval of the

MPRDA EMP (the same EMP as submitted for the NEMA process), the management and mitigation

measures proposed therein were approved and had to be complied with.

RJvR acknowledged the comment made by AB in which she cited the lapsed EA referring to the

mining of Portion 30 only. She stated that the MR issued was for the full MR application area, and

not just Portion 30. This meant, said RJvR, that all the conditions of the EMP had to be complied

with including, for example, the wetland offset requirement contained in the EMP.

AB noted a concern that some of the specialist findings presented graphically in the presentation

showed mining activities extending beyond Portion 30. She referred again to the EA that specifically

stated that mining only be undertaken on Portion 30.

RJvR replied that the MPRDA EMP referred to the full MR application area as the coal reserve had

been quantified for the full MR application area. She acknowledged that the lapsed EA adopted the

sensitivity approach (i.e. mining of Portion 30 only), but reiterated that with the lapsing of the EA,

the approved MPRDA EMP applied and that this addressed the full MR application area. RJvR noted

that the main focus of the mining at the Paardeplaats Section would initially be on Portion 30, after

which it would continue onto other farm portions within the MR application area.

RJvR explained that, in order to ensure that the specialists assess the Glisa and Paardeplaats

Sections fully, the extended mining plan on portions other than Portion 30 had to be utilised. She

stated that the bigger picture had to be considered as this would present the worst-case scenario.

AB, stating that since the lapsed EA was still applicable, the condition stating that a protected area

had to be declared within six (6) months of the granting of the EA should then still be applicable.

She stated that, based on the Paardeplaats Section layout, this protected area should have been

declared on Portion 29, but according to the information presented in the presentation that mining

was now planned on Portion 29.




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RJvR noted that the requirement for an offset area (biodiversity/wetland) was specified in the EMP

and would still be applicable. She commented, however, that the conditions in the EA, which was

granted in 2013 had lapsed, one of these being a protected area. RJvR acknowledged that NBC

were aware of the offset requirement and were assessing such options but noted that these had not

proceeded very far as NBC was awaiting the outcome of the Umsimbithi Mining (Pty) Ltd

(Umsimbithi)* MR application. Once an outcome has been made public, NBC will focus on the

required offset area, potentially in consultation with Umsimbithi. RJvR stated that it would serve

no purpose for NBC to identify an offset area that may fall within another MR area as this would

negate everything.

* Kindly note that the EAP incorrectly referred to Umsimbithi as Umcebo Mining. The EAP apologises for this

error and has, where incorrectly referred to, corrected this in these minutes.

AB interjected wanting to know where the Umsimbithi MR area was.

RJvR replied that it was adjacent to the Paardeplaats Section on the western side running all the

way to the N4.

AB then commented that she did not understand RJvRs explanation regarding the offset area. She

stated that if Portion 29 was within NBCs MR area no one else could mine there, so why couldn’t

the offset area be placed there.

RJvR replied that there were many factors to consider in selecting offset areas, including

consideration of the overall impact that mining in the area would have on such an area. RJvR stated

that due to the size of the offset area required, Portion 29 may not be sufficiently sized to

accommodate the offset. She also noted that long-term, placement of an offset area on Portion 29

would not be viable due to the proposed mine development plans which include Portion 29 for

mining activities.

AB queried whether it would be legal for NBC to start mining if the required offset area was not in

place.

RJvR stated that it would be legal for them to start mining without the offset in place.

AB was concerned about the commitment of NBC to honour the offset requirement.

RJvR responded that the requirement for the offset was contained in the approved MPRDA EMP and

would have to be complied with. She noted that NBC were committed to the offset, in line with the

EMP requirements, but that this process had to be assessed in more detail prior to an area being

selected.

AB raised a concern that the offset process could be postponed indefinitely.

RJvR responded that she did not believe this would be the case as NBC had already begun engaging

with specialists regarding the offset area requirements. She noted that selection of the correct

offset area was imperative and that this had to be done taking the mining plan and adjacent mining

operations into account. RJvR also noted that offset areas do not have to be within a MR area or




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within properties owned by NBC. On the contrary, she stated, offset areas could be located a

distance from the area where the impact is occurring because that may be where an existing

wetland, for example, may require input to improve its functionality.

RJvR went on to explain that biodiversity offset guidelines had been around for many years and

were still in draft format pending finalisation. She noted that these guidelines, together with the

wetland offset guidelines, would assist NBC in assessing and implementing the offset required.

AB questioned whether NBC were waiting for these guidelines to be finalised before they began

planning the offset.

RJvR replied that NBC were not waiting on these guidelines to be finalised, however they were

waiting to understand what would be taking place in the greater area, notably other MR application

outcomes, in order to ensure that the offset area selected would provide the long-term offset as

required.

AB commented that the lapsed EA stated that a 5:1 offset ratio is required, equating to an area of

approximately 230 hectares (ha). She stated that she spoke to a wetland specialist3 who indicated

that an area of 230 ha was insufficient due to the pristine nature of the wetlands to be impacted by

mining.

RJvR acknowledge that there was wetland offset guidelines in place that would guide NBC on the

extent of the offset area required.

AB referred to a report she had read which stated that with the current rate of MRs being issued,

the whole of Mpumalanga will be mined out4. She noted that in the area surrounding the Glisa and

Paardeplaats Sections that the Umsimbithi MR area has an initial footprint of ±2,600 ha, the Mbuyelo

Coal (Pty) Ltd (Mbuyelo) mine has an initial footprint of ±800 ha, and both of these mines are

adjacent to the Glisa and/or Paardeplaats Sections. AB, noting that this didn’t account for other

MRs or mines in the vicinity, then questioned where an appropriate offset area would be found

bearing those factors in mind.

RJvR replied that she could not comment on the extent of MRs or mines in Mpumalanga but noted

that NBCs delay in identifying an offset area was for the exact reasons that AB had just mentioned.

She further noted that the choice of an offset area needed to be made bearing in mind the long-

term sustainability of that offset, even if that meant that the offset was in a different catchment or

province.

AB then stated that she believed it would be a tragedy if NBC did not place the offset in the

Paardeplaats area especially considering that the area was in the headwaters of a river. She noted

that the offset would be a good opportunity to preserve these headwaters. AB then commented

that if she looks at the mining plans, she can see that there is no indication of NBC doing that.

3 No name or further details provided. 4 No report reference provided.




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AB then requested to read an excerpt from an email she received from BirdLife South Africa. She

said the comments confirm what she had just said because his comments were that much of the

proposed mining area intercepts with Critical Biodiversity Areas (CBAs) which should be preserved.

RJvR requested the name of the Birdlife South Africa representative from whom the comments were

received.

AB replied that the representative was Mr. Hiral Naik.

AB continued to read from the comments of Mr Hiral Naik. She recited the following: “We remind

you that the mining biodiversity guidelines state that there is a very high likelihood of a fatal flaw

for mining projects that impact areas of high biodiversity importance. We also wish to emphasise

that irreplaceable CBAs as present on Paardeplaats are not suitable for biodiversity offsets and it is

often impossible to offset impacts of optimal CBAs.” AB stated that the implication of that is that

you do not mine optimal CBAs and you cannot offset them. She then went on to recite another

point as follows: “Due to the likely impact on CBAs, it is unlikely that this project will comply with

the Equator Principles and the International Finance Corporation (IFC) performance standards which

they invoke. CBAs would be classified as critical habitats by the IFC performance standard 6 and

CBA1 areas would not be suitable for biodiversity offset due to the irreplaceability. In this case it

is unlikely that the developer would be able to access financing from banks that are signatories to

the Equator Principles for this project.”

RJvR responded that the comments recited were noted and requested AB to send them to the EAP

in writing.

AB agreed to send the comments. Actionable item, refer to Appendix A.

AB proceeded to draw the meetings attention to comment 2 from Mr. Hiral Naik, which stated: “The

attached river and wetlands map show that the proposed mining area also intersects with National

Freshwater Ecosystem Priority Areas, wetlands and rivers, which government has identified as those

that should remain healthy in order to support sustainable use of water resources as well as

conservation goals. With regards to watercourses, as a minimum GN 704 Section 4 of the National

Water Act 1998 Regulations, should be complied with when no person in control of a mine or activity

may, except in relation to a matter contemplated in Regulation 10, carry on any underground or

opencast mining or prospecting or any other operation or activity under or within the 1:50 year

floodline or within a horizontal distance of 100 metres (m) from any watercourse, whichever is

greater.”

RJvR replied, in relation to the comments read out, that the IWUL application serves to address the

requirements of the National Water Act (NWA)5 and GN 7046, and that NBC would apply for the

necessary exemptions in terms of GN 704 where necessary. She stated that it was then up to the

5 The National Water Act, 1998 (Act No. 36 of 1998) (NWA), as amended. 6 The Regulations on Use of Water for Mining and Related Activities Aimed at The Protection of Water Resources.




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Department to decide on the application and issue an IWUL and requested exemptions. She further

noted that an IWUL and GN 704 exemptions had been granted for the Paardeplaats Section.

RJvR again requested that the comments from BirdLife South Africa be sent to her directly for

comment and response directly to BirdLife South Africa.

AB again agreed to send the comments. Actionable item, refer to Appendix A.

AB then requested clarity on whether the Sensitivity Planning Approach (mining on Portion 30 only)

which was advocated by the lapsed EA had been waived.

RJvR replied that the Paardeplaats MR had been granted for the full application area with the current

focus for mining being on Portion 30. She also referred to the mine plan presented which extended

beyond Portion 30 in a southerly direction.

AB referred to a map in her possession which showed a dewatering dam and Pollution Control Dam

(PCD) on Portion 28 and a mine dump area planned on Portion 29. She asked for confirmation that

this infrastructure was correct.

RJvR replied that she was not aware of such infrastructure. She noted that, in terms of the approved

Paardeplaats EMP and IWUL, there is a stockpile area and PCD authorised on Portion 24. RJvR

stated that she would request clarification on additional infrastructure from NBC. Actionable item,

refer to Appendix A.

AB referred to the Glisa Section, noting that there was a new PCD planned in that Section. She

queried whether a Reverse Osmosis (RO) plant would be required to treat the water in the PCD.

RJvR replied that there was already a Water Treatment Plant (WTP) established and operational

within the Glisa Section. She stated that the WTP had been operational since 2017 and was treating

water from the voids for re-use on site and for release into the Skilferlaagtespruit in line with the

IWUL conditions.

AB queried whether the WTP was a RO plant.

RJvR confirmed that it was.

AB then questioned whether the WTP would have sufficient capacity to handle water from the

Paardeplaats Section.

RJvR replied that the WTP had capacity to handle water from the Paardeplaats Section, bearing in

mind that water would also be used for dust suppression and in the Crushing, Screening and

Washing Plant (CSWP).

AB requested the technical details for the WTP confirming the handling capacity.

RJvR replied that she would confirm the handling capacity of the WTP. Actionable item, refer to

Appendix A.

AB went on to state that in the approved IWUL there was a table that referred to “water quality

limits”, wherein the pH range was listed as 5.5 – 9.5. AB noted her concern with this range stating

that results from pH testing in the Glisa/Paardeplaats area show pH of being in the neutral range to




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slightly acidic. She was concerned that broadening the pH range as per the range specified in the

IWUL would result in heavy metals being dissolved and extremely toxic water as a result. AB

requested the discharge (into Skilferlaagtespruit) water quality standards.

RJvR replied that she would provide the approved discharge standards as contained in the IWUL.

Actionable item, refer to Appendix A.

Neville Wilkie (NW) of Portion 13 made apologies for Con Sabbagha and Susan Sabbagha.

NW noted that RJvR had indicated that the Paardeplaats MR which was issued included Portion 13.

He stated that as owners of Portion 13 they have not been provided with confirmation of this and

requested proof of this.

RJvR acknowledge the inclusion of Portion 13 in the MR and agreed to send NW supporting

documentation to this regard. Actionable item, refer to Appendix A.

NW referred to the Paardeplaats IWUL, noting that it only included water uses for Portion 24 and

Portion 30.

RJvR replied that the Paardeplaats IWUL authorised water uses for a certain amount of time and

that the water uses approved were only for Portion 24 and Portion 30.

NW referred to the map presented showing the farm portions for the Glisa and Paardeplaats

Sections. He stated that the farm boundary for Portion 24 was incorrect. He noted that he had

consulted with Exxaro on this matter and they had provided confirmation that a portion of Portion

24 (± 6 ha) actually belonged to Portion 13.

RJvR then stated that the information utilised by the EAP was obtained directly from the Surveyor

General (SG) cadastral dataset, so all farm boundaries were based on that information. She

requested that NW show the information he had in this regard and the area in dispute to her after

the meeting. RJvR agreed to provide feedback on this matter to NW directly. Actionable item, refer

to Appendix A.

NW agreed.

NW queried who would be responsible for the funding of the WTP at/after mine closure.

RJvR replied that the WTP was included in the NBC financial provision so the responsibility lay with

NBC.

AB then requested, with reference to the Paardeplaats Section, whether the upfront requirement

for financial provision had been paid and whether proof of that could be provided to her.

RJvR replied that she did not have access to that information and that AB should consult NBC directly

on that matter.

AB replied that she wanted RJvR to request feedback from NBC together with proof of the payment

if it was made.

RJvR replied that she would request confirmation from NBC. Actionable item, refer to Appendix

A.




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NW made mention of the fact that Exxaro, the previous owners of the Glisa and Paardeplaats

Sections, held quarterly meetings with landowners and surrounding land users. He queried whether

NBC would initiate the same as such meetings had not been held since NBC had taken over the

Sections.

RJvR replied that she would request feedback from NBC but was certain that the meeting would be

reinstated.

AB queried what the timeframe for the Glisa rehabilitation was.

RJvR replied that there was no specific timeframe as NBC were still mining the Glisa Section. She

noted that concurrent rehabilitation was being undertaken and that once the mining was completed

that rehabilitation would be ramped up. RJvR stated that, on average, rehabilitation takes from 18

months to 3 years, and included backfilling, topsoiling, and vegetation and monitoring of vegetation

establishment to ensure it was self-sustainable.

AB requested a specific timeframe for the rehabilitation and wanted a commitment from NBC in

writing.

RJvR responded that she would request NBC to address her request but noted that rehabilitation

was dependent on many external factors that could influence the rehabilitation timeframes, such as

achieving a self-sustaining vegetation cover which is dependent on a variety of climatic variables.

AB said that she understood this but wanted NBC to provide I&APs with a starting date for

rehabilitation.

RJvR responded that she would request NBC to provide this together with an anticipated date for

completion of the rehabilitation. Actionable item, refer to Appendix A.

AB then noted that she had been contacted by several members of the press regarding the

ownership of NBC stating that information being circulated acknowledges that Exxaro sold the

Sections to NBC but that the legal process was not finalised.

RJvR replied that according to her knowledge all legal aspects relating to the sale/purchase had

been finalised and NBC was the legal owner and operator of the Sections.

AB stated that she had received an email directly from Exxaro the day prior to the public meeting

(i.e. 19 February 2020) stating that the legal process had not been concluded yet.

RJvR said that she would have to consult with NBC and Exxaro on that matter, noting that NBC

would not be able to operate nor have been issued a MR for the Paardeplaats Section were all the

legal processes not concluded. RJvR requested that AB provide the name of the Exxaro

representative that sent her the email so that the matter could be taken up with them directly.




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AB replied that she had not printed the email she received so could not fully recall the individuals

name, stating that she thought his name was Moxilo7, and he was the head of their public

participation process.

AB queried whether the I&AP comments received would be made available to all I&APs and

specifically to meeting attendees.

RJvR replied that draft minutes of the meeting would be sent to meeting attendees for comment,

after which the minutes would be finalised for distribution. She confirmed that all issues raised, or

comments made during this meeting would be included in the Stakeholder Engagement Report

which must be submitted with the the IWUL & IWWMP Technical Report. RJvR confirmed that

aspects raised that were not directly related to the IWUL application process would still be disclosed

in the final submission documentation. She also stated that the issued raised or comments made

would be carried across into the MPRDA Section 102 and EA process for full disclosure to all

Departments.

Mbongeni Ndlovu (MN) queried how RJvR would share the information from the meeting with I&APs.

RJvR replied that the draft minutes would be sent to meeting attendees to comment on and that

the final minutes would be distributed to the full I&AP database.

MN commented that the attendance register did not provide for meeting attendees to include their

email addresses.

RJvR responded that this was provided for on the attendance register and this was shown to MN.

AB referred to the lapsed EA where it was stated that communities within the MR area would have

to be resettled, noting that she could find no other information regarding the resettlement of these

communities, querying the legal position of such communities.

RJvR replied that a resettlement process was being undertaken by NBC, but that since it did not

form part of her appointment, she could not provide further information thereon besides stating

that the communities on Portion 30 were being consulted with as they needed to be

relocated/resettled first, considering the mine plan. She also noted that there were communities

on other portions that would require resettlement as the mine progressed. RJvR stated that she

would request a status update on the resettlement process from NBC. Actionable item, refer to

Appendix A.

AB indicated her acceptance of this offer.

AB noted with distress that the relocation of communities on the Hadeco farm Portions, stating that

the lapsed EA had been based on the Sensitivity Planning Approach, which required the whole of

the Hadeco operations to remain functional, ensuring that the employees would remain in the

residences and retain their jobs.

7 Spelling based on pronunciation of name provided.




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RJvR replied that the lapsed EA stated that the Sensitivity Planning Approach was preferred because

the Hadeco operations could continue, and not that the Hadeco operations had to continue. She

noted further that the MR was not issued until Exxaro had finalised outstanding issues with Hadeco

regarding the Portions which they owned.

NW requested that the map indicating the wetland delineation be shown again. Commenting on

the map, he queried whether NBC would be mining through the wetlands that had been identified

and delineated on Portion 30.

RJvR replied that NBC had been issued an IWUL for the Paardeplaats Section which authorised NBC

to mine through those wetlands, noting that this had prompted the need for a biodiversity/wetland

offset area.

AB referred to a comment made by RJvR during the presentation regarding the aquifer. She noted

that RJvR referred to the aquifer as being classified as a minor aquifer.

RJvR replied that the South African Aquifer Database classifies the aquifer as a minor aquifer with

moderate vulnerability.

AB stated that her comment on the aquifer was that most of the aquifers in Mpumalanga were

classified as minor and that this was where issues arose. She noted that there was generally a lot

of surface water, yet not a lot of groundwater, noting further that mining in Mpumalanga was

causing havoc to the groundwater, resulting in eco-side, with impacts that cannot be reversed. AB

went on to say that all the mining in Mpumalanga was short-sighted and that it should not take

place because Mpumalanga was a high-value farming and tourism area, not a water rich area. She

concluded saying that mining would sterilise the Mpumalanga Province.

RJvR replied that the comments made by AB were noted.

In response to the dissatisfied reaction by AB to RJvRs “comment noted” response, RJvR responded

further stating that she noted all the comments AB had made but could not comment specifically

thereon as she was not a groundwater specialist. She went on to say that if she could get a response

from a groundwater specialist to the comments made by AB she would do so.

AB referred to information from the Umsimbithi MR application process, stating that the EIA report

states that the mine would require 3 million litres of water per day, and that the EIA states that this

amount of water is unlikely to be sourced from within the MR area itself. She said it goes on further

to state that water would be sourced from the eMakhazeni Local Municipality, who she notes is

already extremely water stressed.

RJvR replied that as an EAP she needs to look at the cumulative impacts for the Sections and this

requires the Umsimbithi specialist reports which she requested from Umsimbithi, but which had not

been provided as yet.

AB acknowledge the reply and stated that the information was available in the public domain but

that she would provide RJvR with the groundwater report. Actionable item, refer to Appendix A.




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RJvR thanked AB for the information and noted that to use the information in the reports being

generated they had to submit a formal request for the information.

AB referred to the Mbuyelo mine stating that their documentation should also be reviewed with

regards to potential cumulative impacts as they also neighbour the NBC Sections.

NW raised a concern regarding the fountain that occurs on Portion 13, close to Portion 24, stating

that the fountain is not flowing the way it used.

RJvR acknowledged the location of the fountain and stated that the hydrocensus undertaken for the

IWUL refers to a borehole on Portion 13, but whether this was the fountain or not she could not

confirm. She offered to confirm this with NW after the meeting.

AB suggested that the fountain be included in the monitoring program for monitoring on a quarterly

basis.

RJvR replied that the current monitoring programs are being revised and that she would assess that

in relation to the fountain mentioned.

AB wanted it known that she had alerted journalists from e-TV and Carte Blanche about the NBC

environmental licensing processes and that they were following the case.

RJvR replied that the journalists were welcome to contact her directly to request information or

comment. She also noted that she had emailed some of the journalists that AB had included in

email communication enquiring whether they wanted to register as I&AP for the processes in

question, and that to date none of those journalists had indicated that they wanted to be included

in the processes.

CLOSING

RJvR concluded the meeting by thanking the public for their time, questions and valuable inputs.

RJvR informed meeting attendees that the recording was available on request.

RJvR closed the meeting at 16:30.

DISCUSSIONS HELD AFTER CLOSURE OF THE MEETING

After the meeting concluded, several meeting attendees’ approach RJvR for further discussion.

These discussions were not captured in the meeting recording.

NW presented RJvR with documentation pertaining to the portion of Portion 24 which he states

should be included in Portion 13 and not Portion 24. He also indicated on Google Earth where the

portion was as well as where the fountain was that he had mentioned during the meeting.

RJvR thanked NW for the information and made a copy thereof for reference purposes. She also

captured the area on Google Earth together with the location of the fountain he referred to for

further consideration.

NW complained to RJvR that NBC had brought members of the community that were to be

relocated/resettled onto his property without his permission and requested that RJvR assist him in

notifying NBC that this was unacceptable.




MINUTES

RJvR committed to notifying NBC. Actionable item, refer to Appendix A.

MN approached RJvR and apologised for the late arrival of himself and Isack Mahlangu (IM), stating

that they were told that there was no meeting taking place at the Belfast Golf Club.

RJvR accepted the apology and thanked them for finding the meeting despite the misinformation

provided.

MN stated that he an IM were the only representatives for the Paardeplaats community at the

meeting and requested, that in future, RJvR consider scheduling meetings at the Paardeplaats Hall

near the Hadeco Village to accommodate more members of the community who would struggle to

make a meeting in eMakhazeni town, as was evident in attendance at the meeting. He also stated

that the Paardeplaats community were decision makers and had the right to comment on the MR

and the consolidation process planned.

RJvR replied positively, saying that the Hall would be considered for any future meetings that were

required. She informed MN that the MR for Paardeplaats had already been issued and confirmed

that mining would proceed. She noted that the Paardeplaats Community could not challenge the

MR, however they could provide their input into the management measures that were to be

proposed in the EMP consolidation process. This, she said, would ensure that their requirements

and inputs were incorporated, where possible, in the updated EMP.

RJvR informed MN that she and her team were willing to meet with the community to inform them

of the processes and establish open communication lines and queried when best suited them.

MN replied that meeting on a weekend would be easier for the community and IM concurred with

this statement.

MN said they wanted to understand to what extent the crop and grazing land would be diminished

as the community have cattle that required grazing areas. He also requested that RJvR provide

them with a copy of the Paardeplaats MR, the Social and Labour Plan (SLP) and IWUL.

Additional comments received from I&APs are provided in Appendix D. Where relevant, these

comments have been addressed in these minutes. All comments that do not pertain directly to the

minutes have been incorporated into the Comments and Response Register (CRR) of the Stakeholder

Engagement Process (SEP) Report that will be submitted to the Department of Human Settlements,

Water and Sanitation (DHSWS) with the Final IWUL & IWWMP Technical Report.




Appendix A: Actionable Items

ACTION

NO. ACTION

ACTIONED

BY COMMENT

1 Provide NEMA EIA Regulations. RJvR Provided as Appendix A1.

2 Provide BirdLife South Africa

comments.

AB Not received from AB. CIGroup

requested the comments directly from

Mr. Naik of BirdLife SA and received

these via email on 16 March 2020.

3 As per Action 2 above. - -

4 Provide clarification regarding

dewatering dam and PCD on Portion

28 and a mine dump area on Portion

29.

RJvR AB provided the plan referred to in the

meeting to RJvR via email on 16 March

2020. This plan is provided as

Appendix A2. The plan referred to

was contained in the Visual Impact

Assessment (VIA) report developed in

support of the Paardeplaats Section

EMP & IWUL. The approved EMP &

IWUL do not refer to these structures,

therefore if such structures are

required, NBC would need to authorise

them separately.

5 Provide confirmation of the WTP

handling capacity.

RJvR The WTP is designed to handle 1.5

megalitres per day (Ml/d).

6 Provide the WTP waste water

discharge standards.

RJvR The waste water discharge standards

are contained in the Glisa IWUL

(04/B11B/ABCGIJ/2508) and are

provided as Appendix A3.

7 Provide evidence of Portion 13 being

included in the Paardeplaats MR.

RJvR An extract from the Paardeplaats MR

(10090MR) showing the farm portions

to which the MR relates is provided as

Appendix A4.

8 Provide feedback on the Outspan

area.

RJvR A map search via Windeed for Portion

24 and Portion 13 was undertaken on

13 March 2020. The outcome shows

the inclusion of the Outspan area in

Portion 24 and not Portion 13. This

matter will have to be escalated to the

SG directly. The information obtained

from Windeed is provided as

Appendix A5.




ACTION

NO. ACTION

ACTIONED

BY COMMENT

9 Provide evidence of financial

provision payment.

RJvR NBC provided proof to of the financial

guarantee for Glisa and Paardeplaats

to RJvR, however due to the sensitivity

of the information contained in the

guarantee this document cannot be

provided to I&APs. RJvR confirms that

a financial guarantee is in place for the

Glisa and Paardeplaats Sections.

10 Provide feedback on the resettlement

process.

RJvR NBC have confirmed that the

resettlement engagement process was

initiated on 25 August 2019, and that

negotiations are underway.

11 Provide Umsimbithi Groundwater

Report.

AB Not received from AB. CIGroup

requested the report directly from

Kongiwe and received permission to

download the reports from their

website.

12 Notify NBC that access to properties

must be done in consultation with

landowners

RJvR RJvR has notified NBC that access to

properties not owned by NBC must

only be undertaken after permission

from the landowner has been received.




Appendix A1 – NEMA 2014 EIA Regulations, as amended

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NATIONAL ENVIRONMENTAL MANAGEMENT ACT 107 OF 1998

ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2014 Published under Government Notice R982 in Government Gazette 38282 of 4 December 2014 and amended by: GN 326 GG 40772 20170407 w.e.f. 7 April 2017GN 706 GG 41766 20180713 w.e.f. 13 July 2018 I, Bomo Edith Edna Molewa, Minister of Environmental Affairs, hereby make the regulations pertaining to environmental impact assessments, undersections 24(5) and 44 of the National Environmental Management Act, 1998 (Act No. 107 of 1998), as set out in the Schedule hereto. (Signed)BOMO EDITH EDNA MOLEWAMINISTER OF ENVIRONMENTAL AFFAIRS

SCHEDULE

TABLE OF CONTENTS

CHAPTER 1INTERPRETATION AND PURPOSE OF REGULATIONS

1. Interpretation2. Purpose of Regulations

CHAPTER 2TIMEFRAMES

3. Timeframes4. Notification of decision on application

CHAPTER 3GENERAL REQUIREMENTS FOR APPLICATIONS

5. General6. Where to submit application

Part 1Duties of competent authority

7. Consultation between competent authority and organs of state administering a law relating to a matter affecting the environment8. Guidance by competent authority to proponent or applicant9. Format of forms

Part 2Duties of proponents and applicants

10. Competent authorities’ right of access to information11. Combination of applications12. Appointment of EAPs and specialists13. General requirements for EAPs and specialists14. Disqualification of EAPs and specialists15. Determination of assessment process applicable to application

CHAPTER 4APPLICATION FOR ENVIRONMENTAL AUTHORISATION

Part 1

General 16. General application requirements17. Checking of application for compliance with formal requirements18. Criteria to be taken into account by competent authorities when considering applications

Part 2Basic Assessment

19. Submission of basic assessment report and environmental management programme, and where applicable closure plan, to competent authority20. Decision on basic assessment application

Part 3S&EIR

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21. Submission of scoping report to competent authority22. Consideration of scoping report23. Submission and consideration of environmental impact assessment reports and environmental management programme24. Decision on S&EIR application

Part 4Environmental authorisation

25. Issue of environmental authorisation26. Content of environmental authorisation

CHAPTER 5AMENDMENT, SUSPENSION, WITHDRAWAL AND AUDITING OF COMPLIANCE WITH ENVIRONMENTAL AUTHORISATION AND

ENVIRONMENTAL MANAGEMENT PROGRAMME 27. General28. Application for amendment

Part 1Amendments where no change in scope or a change of ownership occur

29. Amendments to be applied for in terms of Part 130. Process and consideration of application for amendment and decision

Part 2Amendment where a change in scope occurs

31. Amendments to be applied for in terms of Part 232. Process and consideration of application for amendment33. Decision on amendment application

Part 3Auditing and amendment of environmental authorisation, environmental management programme and closure plan

34. Auditing of compliance with environmental authorisation, environmental management programme and closure plan35. Amendment of environmental management programme or closure plan as a result of an audit

Part 4Other amendments of environmental management programme or closure plan

36. Other amendments of environmental management programme or closure plan37. Amendment of environmental management programme or closure plan on application by holder of environmental authorisation

Part 5Suspension and withdrawal of environmental authorisation

38. Suspension and withdrawal of environmental authorisation

CHAPTER 6PUBLIC PARTICIPATION

39. Activity on land owned by person other than proponent40. Purpose of public participation41. Public participation process42. Register of interested and affected parties43. Registered interested and affected parties entitled to comment on reports and plans44. Comments of interested and affected parties to be recorded in reports submitted to competent authority

CHAPTER 7GENERAL MATTERS

45. Failure to comply with requirements for consideration of applications46. Resubmission of similar applications47. Assistance to people with special needs48. Offences

CHAPTER 8TRANSITIONAL ARRANGEMENTS AND COMMENCEMENT

49. Definitions50. Continuation of actions undertaken and authorisations issued under previous ECA regulations51. Pending applications (ECA)52. Continuation of actions undertaken and authorisations issued under previous NEMA regulations53. Pending applications and appeals (NEMA)54. Pending applications (MPRDA)54A. Transitional provisions55. Continuation of regulations regulating authorisations for activities in certain coastal areas56. Repeal of Environmental Impact Assessment Regulations, 201057. Short title and commencement APPENDIX 1 BASIC ASSESSMENT REPORTAPPENDIX 2 SCOPING REPORTAPPENDIX 3 ENVIRONMENTAL IMPACT ASSESSMENT REPORT



APPENDIX 4 ENVIRONMENTAL MANAGEMENT PROGRAMMEAPPENDIX 5 CLOSURE PLANAPPENDIX 6 SPECIALIST REPORTSAPPENDIX 7 ENVIRONMENTAL AUDIT REPORT

[Table of Contents amended by GN 326/2017]

CHAPTER 1INTERPRETATION AND PURPOSE OF REGULATIONS

1. Interpretation

(1) In these Regulations any word or expression to which a meaning has been assigned in the Act has that meaning, and unless the context requiresotherwise-

“activity” means an activity identified in any notice published by the Minister or MEC in terms of section 24D(1)(a) of the Act as a listedactivity or specified activity;

“agreement” means the Agreement as contemplated in section 50A(2) of the Act;

[Definition of “agreement” substituted by GN 326/2017]

“alternatives”, in relation to a proposed activity, means different means of meeting the general purpose and requirements of the activity, whichmay include alternatives to the-

(a) property on which or location where the activity is proposed to be undertaken; (b) type of activity to be undertaken; (c) design or layout of the activity; (d) technology to be used in the activity; or (e) operational aspects of the activity;

and includes the option of not implementing the activity;

“application” means an application for an-

(a) environmental authorisation in terms of Chapter 4 of these Regulations; (b) amendment of an environmental authorisation in terms of Chapter 5 of these Regulations;

[Para. (b) substituted by GN 326/2017] (c) amendment of an EMPr in terms of Chapter 5 of these Regulations; or

[Para. (c) substituted by GN 326/2017] (d) amendment of a closure plan in terms of Chapter 5 of these Regulations;

“basic assessment report” means a report contemplated in regulation 19; “closure plan” means a plan contemplated in regulation 19;

“cumulative impact”, in relation to an activity, means the past, current and reasonably foreseeable future impact of an activity, consideredtogether with the impact of activities associated with that activity, that in itself may not be significant, but may become significant when added tothe existing and reasonably foreseeable impacts eventuating from similar or diverse activities;

“EAP” means an environmental assessment practitioner as defined in section 1 of the Act;

“EMPr” means an environmental management programme contemplated in regulations 19 and 23;

“environmental audit report” means a report contemplated in regulation 34;

“environmental impact assessment” means a systematic process of identifying, assessing and reporting environmental impacts associated withan activity and includes basic assessment and S&EIR;

“environmental impact assessment report” means a report contemplated in regulation 23;

“independent”, in relation to an EAP, a specialist or the person responsible for the preparation of an environmental audit report, means-

(a) that such EAP, specialist or person has no business, financial, personal or other interest in the activity or application in respect of which that

EAP, specialist or person is appointed in terms of these Regulations; or (b) that there are no circumstances that may compromise the objectivity of that EAP, specialist or person in performing such work;

excluding-

(i) normal remuneration for a specialist permanently employed by the EAP; or (ii) fair remuneration for work performed in connection with that activity, application or environmental audit;

“linear activity” means an activity that is arranged in or extending along one or more properties and which affects the environment or any aspectof the environment along the course of the activity, and includes railways, roads, canals, channels, funiculars, pipelines, conveyor belts,cableways, power lines, fences, runways, aircraft landing strips, firebreaks and telecommunication lines;

[Definition of “linear activity” substituted by GN 326/2017]

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“minimum information requirements” ..........

[Definition of “minimum information requirements” deleted by GN 326/2017] “mitigation” means to anticipate and prevent negative impacts and risks, then to minimise them, rehabilitate or repair impacts to the extentfeasible; “National Appeal Regulations” means the national appeal regulations published in terms of section 43(4) and 44 of the Act; “ocean-based activity” ..........

[Definition of “ocean-based activity” deleted by GN 326/2017] “plan of study for environmental impact assessment” means a study contemplated in regulation 22 which forms part of a scoping report andsets out how an environmental impact assessment will be conducted; “proponent” means a person intending to submit an application for environmental authorisation and is referred to as an applicant once suchapplication for environmental authorisation has been submitted;

“receipt” means receipt on the date indicated- (a) on a receipt form if the application or document was hand delivered or sent via registered mail; (b) in an automated or computer generated acknowledgment of receipt; (c) on an acknowledgement in writing from the competent authority as the date of receipt if the application or document was sent via ordinary

mail; or (d) on an automated or computer generated proof of transmission in the case of a facsimile message;

“registered environmental assessment practitioner or registered EAP” means an environmental assessment practitioner registered with anappointed registration authority contemplated in section 24H of the Act;

“registered interested and affected party”, in relation to an application, means an interested and affected party whose name is recorded in theregister opened for that application in terms of regulation 42; “scoping report” means a report contemplated in regulation 21; “S&EIR” means the scoping and environmental impact reporting process contemplated in regulation 21 to regulation 24; “significant impact” means an impact that may have a notable effect on one or more aspects of the environment or may result in non-compliance with accepted environmental quality standards, thresholds or targets and is determined through rating the positive and negativeeffects of an impact on the environment based on criteria such as duration, magnitude, intensity and probability of occurrence; “specialist” means a person that is generally recognised within the scientific community as having the capability of undertaking, in conformancewith generally recognised scientific principles, specialist studies or preparing specialist reports, including due diligence studies and socio-economic studies; “State department” means any department or administration in the national or provincial sphere of government exercising functions thatinvolve the management of the environment; and “the Act” means the National Environmental Management Act, 1998 (Act No.107 of 1998).

(2) Any reference in these Regulations to an environmental assessment practitioner will, from a date determined by the Minister by notice in the

Gazette, be deemed to be a reference to a registered environmental assessment practitioner, as defined.[Sub-reg. (2) substituted by GN 326/2017]

2. Purpose of Regulations

The purpose of these Regulations is to regulate the procedure and criteria as contemplated in Chapter 5 of the Act relating to the preparation,evaluation, submission, processing and consideration of, and decision on, applications for environmental authorisations for the commencement ofactivities, subjected to environmental impact assessment, in order to avoid or mitigate detrimental impacts on the environment, and to optimise positiveenvironmental impacts, and for matters pertaining thereto.

CHAPTER 2

TIMEFRAMES 3. Timeframes

(1) Subject to sub-regulations (2) and (3), when a period of days must in terms of these Regulations be reckoned from or after a particular day, thatperiod must be reckoned as from the start of the day following that particular day to the end of the last day of the period, but if the last day of theperiod falls on a Saturday, Sunday or public holiday, that period must be extended to the end of the next day which is not a Saturday, Sunday orpublic holiday.

(2) For any action contemplated in terms of these Regulations for which a timeframe is prescribed, the period of 15 December to 5 January must be

excluded in the reckoning of days. (3) Unless justified by exceptional circumstances, as agreed to by the competent authority, the proponent and applicant must refrain from conducting

any public participation process during the period of 15 December to 5 January. (4) When a State department is requested to comment in terms of these Regulations, such State department must submit its comments in writing

within 30 days from the date on which it was requested to submit comments and if such State department fails to submit comments within such30 days, it will be regarded that such State department has no comments.



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(5) Where a prescribed timeframe is affected by one or more public holidays, the timeframe must be extended by the number of public holiday days

falling within that timeframe. (6) The competent authority must acknowledge receipt of all applications and documents contemplated in regulations 16, 19, 21, 23, 29, 31 and 34

within 10 days of receipt thereof.[Sub-reg. (6) substituted by GN 326/2017]

(7) In the event where the scope of work must be expanded based on the outcome of an assessment done in accordance with these Regulations,

which outcome could not be anticipated prior to the undertaking of the assessment, or in the event where exceptional circumstances can bedemonstrated, the competent authority may, prior to the lapsing of the relevant prescribed timeframe, in writing, extend the relevant prescribedtimeframe and agree with the applicant on the length of such extension.

(8) Any public participation process must be conducted for a period of at least 30 days.

4. Notification of decision on application

(1) Unless indicated otherwise, after a competent authority has reached a decision on an application, the competent authority must, in writing andwithin 5 days-

[Words preceding para. (a) substituted by GN 326/2017]

(a) provide the applicant with the decision; (b) give reasons for the decision to the applicant; and (c) where applicable, draw the attention of the applicant to the fact that an appeal may be lodged against the decision in terms of the National

Appeal Regulations, if such appeal is available in the circumstances of the decision.[Para. (c) substituted by GN 326/2017]

(2) The applicant must, in writing, within 14 days of the date of the decision on the application ensure that-


(a) all registered interested and affected parties are provided with access to the decision and the reasons for such decision; and (b) the attention of all registered interested and affected parties is drawn to the fact that an appeal may be lodged against the decision in terms

of the National Appeal Regulations, if such appeal is available in the circumstances of the decision. (3) For the purpose of this regulation, the decision includes the complete environmental authorisation granted or refused.

CHAPTER 3

GENERAL REQUIREMENTS FOR APPLICATIONS 5. General

(1) All applications in terms of these Regulations must be decided upon by a competent authority. (2) The competent authority, who must consider and decide upon an application in respect of a listed activity or specified activity, must be

determined with reference to the notice published under section 24D(1) and any agreement in terms of section 24C(3) of the Act. (3) A competent authority must keep-

(a) a register of all applications received by the competent authority in terms of these Regulations; (b) a register of all decisions in respect of environmental authorisations; (c) copies of all applications; and (d) copies of all decisions.

(4) When a national electronic system is provided for the recording of applications for environmental authorisation, this system must be used by all

competent authorities to keep the records referred to in sub-regulation (3)(a) and (b). (5) When a national electronic system is provided for the submission of applications for environmental authorisation, this system must be used by all

applicants. (6) When providing coordinates as part of the information submitted regarding the location of an activity as part of an application for environmental

authorisation, such coordinates must be provided in degrees, minutes and seconds using the Hartebeesthoek94 WGS84 co-ordinate system. 6. Where to submit application

(1) An application for an environmental authorisation or environmental authorisations for the commencement of an activity must be made to thecompetent authority referred to in regulation 5.

(2) If the Minister is the competent authority in respect of an application, the application must be submitted to the Department. (3) If an MEC is the competent authority in respect of an application, the application must be submitted to the provincial department responsible for

environmental affairs in that province. (4) If the Minister, Minister responsible for mineral resources or MEC has, in terms of section 42, 42B or 42A respectively of the Act, delegated any

powers or duties of a competent authority in relation to an application, the application must be submitted to the person or authority to whom thepowers had been delegated.


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(5) If the Minister responsible for mineral resources is the competent authority in respect of an application, the application must be submitted to therelevant office of the Department responsible for mineral resources as identified by that Department.

Part 1

Duties of competent authority 7. Consultation between competent authority and organs of state administering a law relating to a matter affecting the environment

(1) Where an agreement has been reached in order to give effect to Chapter 3 of the Constitution of the Republic of South Africa, 1996 and sections24(4)(a)(i), 24K and 24L of the Act, and where such agreement is applicable to an application, such application must be dealt with in accordancewith such agreement.

(2) The competent authority or EAP must consult with every organ of state that administers a law relating to a matter affecting the environment

relevant to that application for an environmental authorisation when such competent authority considers the application and unless agreement tothe contrary has been reached the EAP will be responsible for such consultation.

(3) Where an applicant submits an application for environmental authorisation in terms of these Regulations and an application for an authorisation,

permit or licence in terms of a specific environmental management Act or any other legislation, the competent authority and the authorityempowered under such specific environmental management Act or other legislation must manage the respective processes in a cooperativegovernance manner.

(4) Where the processes prescribed in terms of these Regulations are used to inform applications in terms of other legislation, application processes

must be aligned to run concurrently. (5) Where a competent authority is requested by an applicant to comment in terms of these Regulations, such competent authority must submit its

comments within 30 days. 8. Guidance by competent authority to proponent or applicant

A competent authority, subject to the payment of any reasonable charges, if applicable-

(a) may advise or instruct the proponent or applicant of the nature and extent of any of the processes that may or must be followed or decisionsupport tools that must be used in order to comply with the Act and these Regulations;

(b) must advise the proponent or applicant of any matter that may prejudice the success of an application; (c) must, on written request, furnish the proponent or applicant with officially adopted minutes of any official meeting held between the competent

authority and the proponent, applicant or EAP; and (d) must, on written request, provide access to the officially adopted minutes of meetings contemplated in paragraph (c), to any registered interested

or affected party. 9. Format of forms

The format of any application form must be determined by the competent authority and must include, once established, the national sectorclassification of the activity applied for.

Part 2

Duties of proponents and applicants 10. Competent authorities’ right of access to information

An applicant must-

(a) use the application form contemplated in regulation 9 when submitting an application in terms of these Regulations; (b) comply with any protocol or minimum information requirements relevant to the application as identified and gazetted by the Minister in a

government notice; and[Para. (b) substituted by GN 326/2017]

(c) provide the competent authority with all information that reasonably has or may have the potential of influencing any decision with regard to an

application. 11. Combination of applications

(1) If a proponent or proponents intend to undertake one or more than one activity of the same type at different locations within the area ofjurisdiction of a competent authority, the competent authority may, on written request, grant permission for the submission of a singleapplication.

(2) If the competent authority grants permission in terms of sub-regulation (1), the application must be dealt with as a consolidated assessment

process, but the potential environmental impacts of each activity must be considered in terms of the location where the activity is to beundertaken.

(3) If a proponent or applicant intends undertaking more than one activity as part of the same development within the area of jurisdiction of a

competent authority, a single application must be submitted for such development and the assessment of impacts, including cumulative impacts,where applicable, and consideration of the application, undertaken in terms of these Regulations, will include an assessment of all such activitiesforming part of the development.

(4) If one or more proponents intend undertaking interrelated activities at the same or different locations within the area of jurisdiction of a

competent authority, the competent authority may, in writing, agree that the proponent or proponents submit a single application in respect of allof those activities and to conduct a consolidated assessment process but the potential environmental impacts of each activity, including itscumulative impacts, must be considered in terms of the location where the activity is to be undertaken.

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(5) Where a combined application is submitted as contemplated in these Regulations, the proponent must, prior to submission of the application,confirm with the competent authority the fee payable in terms of the applicable regulations for such combined application.

12. Appointment of EAPs and specialists

(1) A proponent or applicant must appoint an EAP at own cost to manage the application: Provided that an EAP need not be appointed for anapplication to amend an environmental authorisation where no environmental impact assessment or part thereof is required as part of suchamendment application.

[Sub-reg. (1) substituted by GN 326/2017] (2) In addition to the appointment of an EAP, a specialist may be appointed, at the cost of the proponent or applicant, if the level of assessment is of

a nature requiring the appointment of a specialist. (3) The proponent or applicant must-

(a) take all reasonable steps to verify whether the EAP and specialist complies with regulation 13(1)(a) and (b); and (b) provide the EAP and specialist with access to all information at the disposal of the proponent or applicant regarding the application,

whether or not such information is favourable to the application. 13. General requirements for EAPs and specialists

(1) An EAP and a specialist, appointed in terms of regulation 12(1) or 12(2), must-

(a) be independent; (b) have expertise in conducting environmental impact assessments or undertaking specialist work as required, including knowledge of the

Act, these Regulations and any guidelines that have relevance to the proposed activity; (c) ensure compliance with these Regulations; (d) perform the work relating to the application in an objective manner, even if this results in views and findings that are not favourable to the

application; (e) take into account, to the extent possible, the matters referred to in regulation 18 when preparing the application and any report, plan or

document relating to the application; and (f) disclose to the proponent or applicant, registered interested and affected parties and the competent authority all material information in the

possession of the EAP and, where applicable, the specialist, that reasonably has or may have the potential of influencing-

(i) any decision to be taken with respect to the application by the competent authority in terms of these Regulations; or (ii) the objectivity of any report, plan or document to be prepared by the EAP or specialist, in terms of these Regulations for submission

to the competent authority;

unless access to that information is protected by law, in which case it must be indicated that such protected information exists and is onlyprovidedto the competent authority.

(2) In the event where the EAP or specialist does not comply with sub-regulation (1)(a), the proponent or applicant must, prior to conducting public

participation as contemplated in Chapter 6 of these Regulations, appoint another EAP or specialist to externally review all work undertaken bythe EAP or specialist, at the applicant’s cost.

[Sub-reg. (2) substituted by GN 326/2017] (3) An EAP or specialist appointed to externally review the work of an EAP or specialist as contemplated in sub-regulation (2), must comply with

sub-regulation (1)(a).[Sub-reg. (3) substituted by GN 326/2017]

14. Disqualification of EAPs and specialists

(1) If the competent authority at any stage of considering an application has reason to believe that the EAP or specialist is not complying or has notcomplied with the requirements of regulation 13 in respect of the application, other than circumstances where the requirement of independence inregulation 13(1)(a) has been met by compliance with regulation 13(2) and (3), the competent authority may-

(a) notify the EAP or specialist and the applicant of the reasons therefore, that the application is suspended until the matter is resolved and the

extended timeframe for the processing of the application; and (b) afford the EAP or specialist and the applicant an opportunity to make representations to the competent authority regarding the suspected

non-compliance with the requirements of regulation 13 of the EAP or specialist, in writing.

(2) Other than circumstances where the requirement of independence in regulation 13(1)(a) has been met by compliance with regulation 13(2) and(3), an interested and affected party may notify the competent authority of any suspected non-compliance with regulation 13.

(3) Where an interested and affected party notifies the competent authority of suspected noncompliance in terms of sub-regulation (2), the competent

authority must investigate the allegation promptly. (4) The notification referred to in sub-regulation (2) must be submitted in writing and must contain documentation supporting the allegation, which

is referred to in the notification. (5) If, after considering the matter, there is reason for the competent authority to believe that there is non-compliance with regulation 13 by the EAP

or specialist, the competent authority must, in writing, inform the interested and affected party who notified the competent authority in terms ofsub-regulation (2), the EAP or specialist and the applicant accordingly and may-

(a) refuse to accept any further reports, plans, documents or input from the EAP or specialist in respect of the application in question;



(b) request the applicant to-

(i) commission, at own cost, an external review, by another EAP or specialist that complies with the requirements of regulation 13, of

any reports, plans or documents prepared or processes conducted in connection with the application; (ii) appoint another EAP or specialist that complies with the requirements of regulation 13 to redo any specific aspects of the work done

by the previous EAP or specialist in connection with the application or to complete any unfinished work in connection with theapplication; or

(iii) take such action as the competent authority requires to remedy the defects; or

[Sub-para. (iii) amended by GN 326/2017]

(c) act in accordance with both paragraphs (a) and (b); and[Para. (c) inserted by GN 326/2017]

indicate the actions to be completed and associated timeframes in order to finalise the application.

[Words following para. (c) inserted by GN 326/2017 ]

(6) If the application has reached a stage where a register of interested and affected parties has been opened in terms of regulation 42, the applicantmust, within 7 days from the suspension in terms of sub-regulation (1)(a), a decision in terms of sub-regulation (5)(a), a request in terms of sub-regulation (5)(b), or both such decision and request in terms of sub-regulation (5)(c), inform all registered interested and affected parties of suchsuspension, decision or actions to be completed in order to finalise the application.

[Sub-reg. (6) substituted by GN 326/2017 and GN 706/2018] 15. Determination of assessment process applicable to application

(1) An EAP must identify whether basic assessment or S&EIR must be applied to the application, taking into account-

(a) any notices published in terms of section 24D of the Act; (b) any guidelines applicable to the application process or activity which is the subject of the application; and (c) any advice given by the competent authority in terms of regulation 8.

(2) An application must be managed in accordance with-

(a) regulation 19 and 20 if basic assessment must be applied to the application or when identified and gazetted by the Minister in a governmentnotice; or

[Para. (a) substituted by GN 326/2017] (b) regulation 21 to 24 if S&EIR must be applied to the application.

(3) S&EIR must be applied to an application if the application is for two or more activities as part of the same development for which S&EIR must

already be applied in respect of any of the activities.

CHAPTER 4APPLICATION FOR ENVIRONMENTAL AUTHORISATION

Part 1

General 16. General application requirements

(1) An application for an environmental authorisation must-

(a) be made on an official application form obtainable from the relevant competent authority; and (b) when submitted in terms of regulation 19 or 21, be accompanied by-

(i) unless regulation 39(2) applies, the written consent referred to in regulation 39(1), if the applicant is not the owner or person in

control of the land on which the activity is to be undertaken; (ii) proof of payment of the prescribed application fee, if any; (iii) a declaration of interest by the EAP or specialist, which EAP or specialist meets all the requirements contemplated in regulation 13; (iv) an undertaking under oath or affirmation that all the information submitted or to be submitted for the purposes of the application is

true and correct; (v) the report generated by the national web based environmental screening tool, once this tool is operational; (vi) a description of the location of the development footprint of the activity, including

[Words preceding item (aa) substituted by GN 326/2017]

(aa) the 21 digit Surveyor General code of each cadastral land parcel, (bb) where available, the physical address or farm name, (cc) where the required information in sub-regulation (aa) and (bb) is not available, the coordinates of the boundary of the property

or properties,

(vii) a plan which locates the proposed activity or activities applied for at an appropriate scale, or if it is-




(aa) a linear activity, a description and coordinates of the corridor in which the proposed activity or activities is proposed; or (bb) on land where the property has not been defined, the coordinates of the area within which the activity is proposed; and

[Item (bb) amended by GN 326/2017]

(viii) ..........[Sub-para. (viii) deleted by GN 326/2017]

(ix) where applicable, proof of acceptance of an application for any right or permit in terms of the Mineral and Petroleum Resources

Development Act, 2002.

(2) An application for an environmental authorisation may-

(a) where applicable, only be submitted after the acceptance of an application for any right or permit in terms of the Mineral and PetroleumResources Development Act, 2002;

(b) where section 24L of the Act applies, be submitted in the manner as agreed to by the relevant authorities.

(3) Any report, plan or document submitted as part of an application must-

(a) comply with any protocol or minimum information requirements relevant to the application as identified and gazetted by the Minister in a

government notice;[Para. (a) substituted by GN 326/2017]

(b) be prepared in a format that may be determined by the competent authority; and (c) take into account any applicable government policies and plans, guidelines, environmental management instruments and other decision

making instruments that have been adopted by the competent authority in respect of the application process or the kind of activity which isthe subject of the application and indicate how the relevant information has been considered, incorporated and utilised.

17. Checking of application for compliance with formal requirements

Upon receipt of an application, the competent authority must check whether the application-

(a) is properly completed and that it contains the information required in the application form; (b) is accompanied by any other documents as required in terms of these Regulations; and (c) conforms to the requirements of these Regulations, any protocol or minimum information requirements relevant to the application as identified

and gazetted by the Minister in a government notice or instructions or guidance provided by the competent authority to the submission ofapplications.

[Para. (c) substituted by GN 326/2017] 18. Criteria to be taken into account by competent authorities when considering applications

When considering an application the competent authority must have regard to section 24O and 24(4) of the Act, the need for and desirability of theundertaking of the proposed activity, the requirements of these Regulations, any protocol or minimum information requirements relevant to theapplication as identified and gazetted by the Minister in a government notice or any relevant guideline published in terms of section 24J of the Act.

[Reg. 18 substituted by GN 326/2017]

Part 2Basic assessment

19. Submission of basic assessment report and environmental management programme, and where applicable closure plan, to competent

authority

(1) Where basic assessment must be applied to an application, the applicant must, within 90 days of receipt of the application by the competentauthority, submit to the competent authority-

(a) a basic assessment report, inclusive of specialist reports, an EMPr and where applicable a closure plan, which have been subjected to a

public participation process of at least 30 days and which reflects the incorporation of comments received, including any comments of thecompetent authority; or

(b) a notification in writing that the basic assessment report, inclusive of specialist reports, an EMPr and where applicable, a closure plan, will

be submitted within 140 days of receipt of the application by the competent authority, as significant changes have been made or significantnew information has been added to the basic assessment report or EMPr or, where applicable, a closure plan, which changes or informationwas not contained in the reports or plans consulted on during the initial public participation process contemplated in sub-regulation (1)(a)and that the revised reports or EMPr or, where applicable, a closure plan will be subjected to another public participation process of at least30 days.

[Para. (b) substituted by GN 326/2017]

(2) In the event where sub-regulation (1)(b) applies, the basic assessment report inclusive of specialist reports, an EMPr and where applicable, theclosure plan, which reflects the incorporation of comments received, including any comments of the competent authority, must be submitted tothe competent authority within 140 days of receipt of the application by the competent authority.

(3) A basic assessment report must contain the information set out in Appendix 1 to these Regulations or comply with a protocol or minimum

information requirements relevant to the application as identified and gazetted by the Minister in a government notice, and, where the applicationfor an environmental authorisation is for prospecting, exploration, or extraction of a mineral or petroleum resource, including primary processing,or activities directly related thereto, the basic assessment report must address the requirements as determined in the regulations, pertaining to thefinancial provision for the rehabilitation, closure and post closure of prospecting, exploration, mining or production operations, made in terms ofthe Act.

[Sub-reg. (3) substituted by GN 326/2017]


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(4) An EMPr must contain the information set out in Appendix 4 to these Regulations or must be a generic EMPr relevant to the application as

identified and gazetted by the Minister in a government notice and, where the application for an environmental authorisation is for prospecting,exploration, or extraction of a mineral or petroleum resource, including primary processing, or activities directly related thereto, the EMPr mustcontain attachments that address the requirements as determined in the regulations, pertaining to the financial provision for the rehabilitation,closure and post closure of prospecting, exploration, mining or production operations, made in terms of the Act.

[Sub-reg. (4) substituted by GN 326/2017] (5) A closure plan is required where the application for an environmental authorisation relates to the decommissioning or closure of a facility. (6) A closure plan must contain the information set out in Appendix 5 to these Regulations, and, where the application for an environmental

authorisation is for prospecting, exploration, or extraction of a mineral or petroleum resource, including primary processing, or activities directlyrelated thereto, the closure plan must address the requirements as set in the regulations, pertaining to the financial provision for the rehabilitation,closure and post closure of prospecting, exploration, mining or production operations, made in terms of the Act.

[Sub-reg. (6) substituted by GN 326/2017] (7) The content of a closure plan may be combined with the content of an EMPr on condition that the requirements of both Appendices 5 and 4,

respectively, are met.

(7A) The content of a closure plan may be combined with the relevant plan contemplated in the regulations, pertaining to the financial provision forthe rehabilitation, closure and post closure of prospecting, exploration, mining or production operations, made in terms of the Act, on conditionthat the requirements of both those Regulations and Appendix 5, respectively, are met.

[Sub-reg. (7A) inserted by GN 326/2017]

(8) A specialist report must contain all information set out in Appendix 6 to these Regulations or comply with a protocol or minimum informationrequirement relevant to the application as identified and gazetted by the Minister in a government notice.

[Sub-reg. (8) substituted by GN 3226/2017] 20. Decision on basic assessment application

(1) The competent authority must within 107 days of receipt of the basic assessment report and EMPr, or where relevant the closure plan, in writing-

(a) grant environmental authorisation in respect of all or part of the activity applied for; or (b) refuse environmental authorisation.

(2) To the extent that authorisation is granted for an alternative, such alternative must, for the purposes of sub-regulation (1), be regarded as having

been applied for, consulted on and its impacts investigated. (3) On having reached a decision, the competent authority must comply with regulation 4(1), after which the applicant must comply with regulation

4(2). (4) The Minister responsible for mineral resources may only issue an environmental authorisation if the provisions of section 24P(1) of the Act have

been complied with.

Part 3S&EIR

21. Submission of scoping report to competent authority

(1) If S&EIR must be applied to an application, the applicant must, within 44 days of receipt of the application by the competent authority, submit tothe competent authority a scoping report which has been subjected to a public participation process of at least 30 days and which reflects theincorporation of comments received, including any comments of the competent authority.

(2) Subject to regulation 46, and if the findings of the scoping report is still valid and the environmental context has not changed, the submission of a

scoping report as contemplated in sub-regulation (1) need not be complied with-

(a) in cases where a scoping report was accepted as part of a previous application for environmental authorisation and the application haslapsed or was refused because of insufficient information;

[Para. (a) substituted by GN 326/2017] (b) on condition that regulation 16 is complied with and that such application is accompanied by proof that registered interested and affected

parties, who participated in the public participation process conducted as part of the previous application, have been notified of thisintended resubmission of the application prior to submission of such application;

(c) if the application contemplated in paragraph (b) is submitted by the same applicant for the same development, as applied for and lapsed or

refused as contemplated in paragraph (a); and[Para. (c) substituted by GN 326/2017]

(d) if an environmental impact assessment report inclusive of specialist reports and an EMPr, which must have been subjected to a public

participation process of at least 30 days and which reflects the incorporation of comments received, including any comments of thecompetent authority, is submitted within a period of two years from the date of the acceptance of the scoping report contemplated inparagraph (a).

(3) A scoping report must contain all information set out in Appendix 2 to these Regulations or comply with a protocol or minimum information

requirements relevant to the application as identified and gazetted by the Minister in a government notice.[Sub-reg. (3) substituted by GN 326/2017]

22. Consideration of scoping report

The competent authority must, within 43 days of receipt of a scoping report-

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(a) accept the scoping report, with or without conditions, and advise the applicant to proceed or continue with the tasks contemplated in the plan ofstudy for environmental impact assessment; or

(b) refuse environmental authorisation if-

(i) the proposed activity is in conflict with a prohibition contained in legislation; or (ii) the scoping report does not substantially comply with Appendix 2 to these Regulations or any applicable protocol or minimum information

requirements as identified and gazetted by the minister in a government notice and the applicant is unwilling or unable to ensurecompliance with these requirements within the prescribed timeframe.

[Sub-para. (ii) substituted by GN 326/2017] 23. Submission and consideration of environmental impact assessment report and environmental management programme

(1) The applicant must within 106 days of the acceptance of the scoping report, or, where regulation 21 (2) applies, within 106 days of the date ofreceipt of the application by the competent authority, submit to the competent authority-

(a) an environmental impact assessment report inclusive of any specialist reports, and an EMPr, which must have been subjected to a public

participation process of at least 30 days and which reflects the incorporation of comments received, including any comments of thecompetent authority; or

(b) a notification in writing that the reports, and an EMPr, will be submitted within 156 days of acceptance of the scoping report by the

competent authority or where regulation 21(2) applies, within 156 days of receipt of the application by the competent authority, assignificant changes have been made or significant new information has been added to the environmental impact assessment report or EMPr,which changes or information was not contained in the reports consulted on during the initial public participation process contemplated insubregulation (1)(a), and that the revised environmental impact assessment report or EMPr will be subjected to another public participationprocess of at least 30 days.

[Sub-reg. (1) amended by GN 326/2017 and substituted by GN 706/2018]

(2) In the event where sub-regulation (1)(b) applies, the environmental impact assessment report inclusive of specialist reports, and EMPr, whichreflects the incorporation of comments received, including any comments of the competent authority, must be submitted to the competentauthority within 156 days of the acceptance of the scoping report by the competent authority.

[Sub-reg. (2) substituted by GN 326/2017] (3) An environmental impact assessment report must contain all information set out in Appendix 3 to these Regulations or comply with a protocol or

minimum information requirements relevant to the application as identified and gazetted by the Minister in a government notice and, where theapplication is for an environmental authorisation for prospecting, exploration, extraction of a mineral or petroleum resource, including primaryprocessing or activities directly related thereto, the environmental impact assessment report must contain attachments that address therequirements as determined in the regulations, pertaining to the financial provision for the rehabilitation, closure and post closure of prospecting,exploration, mining or production operations, made in terms of the Act.

[Sub-reg. (3) substituted by GN 326/2017] (4) An EMPr must contain all information set out in Appendix 4 to these Regulations or must be a generic EMPr relevant to the application as

identified and gazetted by the Minister in a government notice and, where the application for an environmental authorisation is for prospecting,exploration, or extraction of a mineral or petroleum resource, including primary processing or activities directly related thereto, the EMPr mustcontain attachments that address the requirements as determined in the regulations, pertaining to the financial provision for the rehabilitation,closure and post closure of prospecting, exploration, mining or production operations, made in terms of the Act.


(5) A specialist report must contain all information set out in Appendix 6 to these Regulations or comply with a protocol or minimum informationrequirements relevant to the application as identified and gazetted by the Minister in a government notice.

[Sub-reg. (5) substituted by GN 326/2017] 24. Decision on S&EIR application

(1) The competent authority must within 107 days of receipt of the environmental impact assessment report and EMPr, in writing,-[Words preceding para. (a) substituted by GN 326/2017]

(a) grant environmental authorisation in respect of all or part of the activity applied for; or (b) refuse environmental authorisation.

(2) To the extent that authorisation is granted for an alternative, such alternative must for the purposes of sub-regulation (1) be regarded as having

been applied for, consulted on and its impacts investigated. (3) On having reached a decision, the competent authority must comply with regulation 4(1), after which an applicant must comply with regulation

4(2). (4) The Minister responsible for Mineral Resources may only issue an authorisation if the provisions of section 24P(1) of the Act have been

complied with.[Sub-reg. (4) substituted by GN 326/2017]

Part 4

Environmental authorisation 25. Issue of environmental authorisation

(1) If the competent authority decides to grant authorisation, the competent authority must issue an environmental authorisation or environmentalauthorisations complying with regulation 26 to, and in the name of, the applicant or applicants.

(2) If the competent authority decides to grant authorisation in respect of an application, the competent authority may issue a single environmental

authorisation or multiple environmental authorisations in the name of the same or different applicants covering all aspects for which authorisationis granted.

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(3) A competent authority may issue an integrated environmental authorisation as contemplated in section 24L of the Act. (4) The competent authority may replace an existing valid environmental authorisation with an environmental authorisation contemplated in this

regulation, indicating the extent of replacement in the environmental authorisation, if the existing valid environmental authorisation is directlyrelated to the application for environmental authorisation.

26. Content of environmental authorisation

An environmental authorisation must specify-

(a) the name, address and contact details of the person to whom the environmental authorisation is issued; (b) a description of the activity that is authorised; (c) a description of the location of the activity, including

(i) the 21 digit Surveyor General code of each cadastral land parcel, (ii) where available, the physical address or farm name, (iii) where the required information in sub-regulation (i) and (ii) is not available, the coordinates of the boundary of the property or properties, (iv) a plan which locates the proposed activity or activities authorised at an appropriate scale, or, if it is-

(aa) a linear activity, a description and coordinates of the approved corridor of the activity or activities; or (bb) on land where the property has not been defined, the coordinates of the area within which the activity is to be undertaken;

(d) the conditions subject to which the activity may be undertaken, including conditions determining-

(i) ..........

[Sub-para. (i) deleted by GN 326/2017] (ii) where the environmental authorisation does not include operational aspects, the period for which the environmental authorisation is

granted, which period may not be extended unless the process to amend the environmental authorisation contemplated in regulation 32 isfollowed, and the date on which the activity is deemed to have been concluded;

[Sub-para. (ii) substituted by GN 326/2017] (iii) a distinction between the portions of the environmental authorisation that deal with operational and non-operational aspects respectively

and the respective periods for which the distinct portions of the environmental authorisation is granted, where the environmentalauthorisation contains operational and non-operational aspects;

(iv) requirements for the avoidance, management, mitigation, monitoring and reporting of the impacts of the activity on the environment

throughout the life of the activity additional to those contained in the approved EMPr, and where applicable the closure plan; and

(e) the frequency of auditing of compliance with the conditions of the environmental authorisation and of compliance with the approved EMPr, andwhere applicable the closure plan, in order to determine whether such EMPr and closure plan continuously meet mitigation requirements andaddresses environmental impacts, taking into account processes for such auditing prescribed in terms of these Regulations: provided that thefrequency of the auditing of compliance with the conditions of the environmental authorisation and of compliance with the EMPr may not exceedintervals of 5 years;

[Para. (e) substituted by GN 326/2017] (f) the frequency of submission of an environmental audit report to the competent authority, including the timeframe within which a final

environmental audit report must be submitted to the competent authority; (g) the frequency of updating the approved EMPr, and where applicable the closure plan, and the manner in which the updated EMPr and closure

plan will be approved, taking into account processes for such amendments prescribed in terms of these Regulations;[Para. (g) substituted by GN 326/2017]

(h) a requirement that the environmental authorisation, approved EMPr, any independent assessments of financial provision for rehabilitation and

environmental liability, closure plans, where applicable, audit reports including the environmental audit report contemplated by regulation 34,and all compliance monitoring reports be made available for inspection and copying-

[Words preceding sub-para. (i) substituted by GN 326/2017]

(i) at the site of the authorised activity; (ii) to anyone on request; and (iii) where the holder of the environmental authorisation has a website, on such publicly accessible website; and

(i) any relevant conditions which the competent authority deems appropriate.

CHAPTER 5AMENDMENT, SUSPENSION, WITHDRAWAL AND AUDITING OF COMPLIANCE WITH ENVIRONMENTAL AUTHORISATION AND

ENVIRONMENTAL MANAGEMENT PROGRAMME 27. General

(1) The competent authority that issued an environmental authorisation has jurisdiction in all matters pertaining to the amendment of thatenvironmental authorisation as long as the environmental authorisation is still valid, provided that the competent authority that issued suchenvironmental authorisation still has jurisdiction in terms of the Act.




(2) Where the competent authority decides to amend an environmental authorisation, the competent authority must-

(a) issue an amendment to the environmental authorisation either by way of a new environmental authorisation or new environmentalauthorisations or an addendum to the relevant environmental authorisation; or

(b) replace an existing valid environmental authorisation with an environmental authorisation contemplated in this regulation, indicating the

extent of replacement in the environmental authorisation, if the existing environmental authorisation is directly related to the amendmentrequired.

(3) Where an environmental authorisation granted in terms of these Regulations does not include operational aspects and the activity has been

commenced with, the period for which such environmental authorisation is granted may only be extended for a maximum further period of 5years.

[Subs. (3) substituted by GN 326/2017] (4) An environmental authorisation may be amended or replaced without following a procedural requirement contained in these Regulations if the

purpose is to correct an error and the correction does not change the rights and duties of any person materially. 28. Application for amendment

(1) An application for the amendment of an environmental authorisation must be submitted to the relevant competent authority on condition that theenvironmental authorisation is valid on the date of receipt of such amendment application.


(1A) The competent authority shall not accept or process an application for amendment of an environmental authorisation if such environmentalauthorisation is not valid on the day of receipt of such amendment application but may consider an application for environmental authorisationfor the same development.

[Sub-reg. (1A) inserted by GN 326/2017] (1B) An environmental authorisation which is the subject of an amendment application contemplated in this Chapter remains valid pending the

finalisation of such amendment application.[Sub-reg. (1B) inserted by GN 326/2017]

(2) ..........

[Sub-reg. (2) deleted by GN 326/2017] (3) An application in terms of sub-regulation (1) must be made in writing and accompanied by a motivation for such amendment.


Part 1Amendments where no change in scope or a change of ownership occur

29. Amendments to be applied for in terms of Part 1

An environmental authorisation may be amended by following the process prescribed in this Part if the amendment-

(a) will not change the scope of a valid environmental authorisation, nor increase the level or nature of the impact, which impact was initiallyassessed and considered when application was made for an environmental authorisation; or

[Para. (a) substituted by GN 326/2017] (b) relates to the change of ownership or transfer of rights and obligations.

30. Process and consideration of application for amendment and decision

(1) Upon receipt of an application made in terms of regulation 29 the competent authority-

(a) may request additional information within a period determined by the competent authority and such request must accompany theacknowledgement of receipt of the application and if such information is not submitted within such a period the application will be deemedto have lapsed; and

[Para. (a) substituted by GN 326/2017] (b) must refuse the application for amendment if the amendment being applied for does not fall within the ambit of regulation 29.


(2) The competent authority must within 30 days of acknowledging receipt of the application or of receipt of the additional informationcontemplated in sub-regulation (1)(a) decide the application.

Part 2

Amendments where a change in scope occurs 31. Amendments to be applied for in terms of Part 2

An environmental authorisation may be amended by following the process prescribed in this Part if the amendment will result in a change to the scopeof a valid environmental authorisation where such change will result in an increased level or change in the nature of impact where such level or changein nature of impact was not-


(a) assessed and included in the initial application for environmental authorisation; or (b) taken into consideration in the initial environmental authorisation;

and the change does not, on its own, constitute a listed or specified activity.

32. Process and consideration of application for amendment



(1) The applicant must within 90 days of receipt by the competent authority of the application made in terms of regulation 31, submit to thecompetent authority-

[Words preceding para. (a) substituted by GN 326/2017] (a) a report, reflecting-

(i) an assessment of all impacts related to the proposed change; (ii) advantages and disadvantages associated with the proposed change; and (iii) measures to ensure avoidance, management and mitigation of impacts associated with such proposed change; and (iv) any changes to the EMPr;

[Sub-para. (iv) substituted by GN 326/2017]

which report-

(aa) had been subjected to a public participation process, which had been agreed to by the competent authority, and which wasappropriate to bring the proposed change to the attention of potential and registered interested and affected parties, includingorgans of state, which have jurisdiction in respect of any aspect of the relevant activity, and the competent authority, and

[Item (aa) re-numbered by GN 326/2017] (bb) reflects the incorporation of comments received, including any comments of the competent authority; or

[Item (bb) re-numbered by GN 326/2017]

(b) a notification in writing that the report will be submitted within 140 days of receipt of the application by the competent authority, assignificant changes have been made or significant new information has been added to the report, which changes or information was notcontained in the report consulted on during the initial public participation process contemplated in sub-regulation (1)(a) and that the revisedreport will be subjected to another public participation process of at least 30 days.


(2) In the event where sub-regulation (1)(b) applies, the report, which reflects the incorporation of comments received, including any comments ofthe competent authority, must be submitted to the competent authority within 140 days of receipt of the application by the competent authority.

33. Decision on amendment application

(1) The competent authority must within 107 days of receipt of the report contemplated in regulation 32, in writing, decide the application. (2) On having reached a decision, the competent authority must comply with regulation 4(1), after which the applicant must comply with regulation

4(2).[Sub-reg. (2) amended by GN 706/2018]

Part 3

Auditing and amendment of environmental authorisation, environmental management programme and closure plan 34. Auditing of compliance with environmental authorisation, environmental management programme and closure plan

(1) The holder of an environmental authorisation must, for the period during which the environmental authorisation and EMPr, and where applicablethe closure plan, remain valid-

(a) ensure that the compliance with the conditions of the environmental authorisation and the EMPr, and where applicable the closure plan, is

audited; and (b) submit an environmental audit report to the relevant competent authority.

(2) The environmental audit report contemplated in sub-regulation (1) must-

(a) be prepared by an independent person with the relevant environmental auditing expertise; (b) provide verifiable findings, in a structured and systematic manner, on

(i) the level of performance against and compliance of an organisation or project with the provisions of the requisite environmentalauthorisation or EMPr and, where applicable, the closure plan; and

(ii) the ability of the measures contained in the EMPr, and where applicable the closure plan, to sufficiently provide for the avoidance,

management and mitigation of environmental impacts associated with the undertaking of the activity;

(c) contain the information set out in Appendix 7; and (d) be conducted and submitted to the competent authority at intervals as indicated in the environmental authorisation.

(3) The environmental audit report contemplated in sub-regulation (1) must determine-

(a) the ability of the EMPr, and where applicable the closure plan, to sufficiently provide for the avoidance, management and mitigation of

environmental impacts associated with the undertaking of the activity on an ongoing basis and to sufficiently provide for the avoidance,management and mitigation of environmental impacts associated with the closure of the facility; and

[Para. (a) substituted by GN 326/2017 ] (b) the level of compliance with the provisions of environmental authorisation, EMPr and where applicable, the closure plan.

(4) Where the findings of the environmental audit report contemplated in sub-regulation (1) indicate-

(a) insufficient mitigation of environmental impacts associated with the undertaking of the activity; or



(b) insufficient levels of compliance with the environmental authorisation or EMPr and, where applicable the closure plan;

the holder must, when submitting the environmental audit report to the competent authority in terms of sub-regulation (1), submitrecommendations to amend the EMPr or closure plan in order to rectify the shortcomings identified in the environmental audit report.

(5) When submitting recommendations in terms of sub-regulation (4), such recommendations must have been subjected to a public participation

process, which process has been agreed to by the competent authority and was appropriate to bring the proposed amendment of the EMPr and,where applicable the closure plan, to the attention of potential and registered interested and affected parties, including organs of state which havejurisdiction in respect of any aspect of the relevant activity and the competent authority, for approval by the competent authority.

(6) Within 7 days of the date of submission of an environmental audit report to the competent authority, the holder of an environmental authorisation

must notify all potential and registered interested and affected parties of the submission of that report, and make such report immediatelyavailable-

(a) to anyone on request; and (b) on a publicly accessible website, where the holder has such a website.

(7) An environmental audit report must contain all information set out in Appendix 7 to these Regulations.

35. Amendment of environmental management programme or closure plan as a result of an audit

(1) The competent authority must consider the environmental audit report and amended EMPr and, where applicable the amended closure plan,contemplated in regulation 34 and approve such amended EMPr, and where applicable the amended closure plan, if it is satisfied that itsufficiently provides for avoidance, management and mitigation of environmental impacts associated with the undertaking of the activity, orwhere applicable the closure of the facility, and that it has been subjected to an appropriate public participation process.

(2) Prior to approving an amended EMPr or closure plan contemplated in sub-regulation (1), the competent authority may request such amendments

to the EMPr or closure plan as it deems appropriate to ensure that the EMPr sufficiently provides for avoidance, management and mitigation ofenvironmental impacts associated with the undertaking of the activity or to ensure that the closure plan sufficiently provides for avoidance,management and mitigation of environmental impacts associated with the closure of the facility.

Part 4

Other amendments of environmental management programme or closure plan 36. Other amendments of environmental management programme or closure plan

(1) Where an amendment is required to the impact management actions of an EMPr, such amendments may immediately be effected by the holderand reflected in the next environmental audit report submitted as contemplated in the environmental authorisation and regulation 34.

(2) Where an amendment to the impact management outcomes of an EMPr or an amendment of the closure objectives of a closure plan is required

before an audit is required in terms of the environmental authorisation, an EMPr or closure plan may be amended on application by the holder ofthe environmental authorisation.

[Sub-reg. (2) substituted by GN 326/2017] 37. Amendment of environmental management programme or closure plan on application by holder of environmental authorisation

(1) ..........[Sub-reg. (1) deleted by GN 326/2017]

(2) The holder of the environmental authorisation must invite comments on the proposed amendments to the impact management outcomes of the

EMPr or amendments to the closure objectives of the closure plan from potentially interested and affected parties, including the competentauthority, by using any of the methods provided for in the Act for a period of at least 30 days.

[Sub-reg. (2) substituted by GN 326/2017] (3) Reasonable alternative methods, as agreed to by the competent authority, to invite comments as contemplated in sub-regulation (2), may be used

in those instances where a person desires but is unable to participate in the process due to-

(a) illiteracy; (b) disability; or (c) any other disadvantage.

(4) The invitation to comment as contemplated in sub-regulation (2) must include an indication that any comments to the proposed amendmentsmust be submitted to the holder of the environmental authorisation within 30 days of such invitation to comment.

(5) If no comments are received, the holder of the environmental authorisation may amend the EMPr or closure plan in accordance with its intention

contemplated in sub-regulation (1) and submit the amended EMPr or closure plan to the competent authority for approval within 60 days ofinviting comments.

(6) Prior to approving an amended EMPr or closure plan contemplated in sub-regulation (5), the competent authority may request such amendments

to the EMPr or closure plan as it deems appropriate to ensure that the EMPr sufficiently provides for avoidance, management and mitigation ofenvironmental impacts associated with the undertaking of the activity or to ensure that the closure plan sufficiently provides for avoidance,management and mitigation of environmental impacts associated with the closure of the facility.

(7) If comments are submitted to the holder of the environmental authorisation, such holder must submit such comments to the competent authority,

including responses to such comments, together with the proposed amended EMPr or closure plan. (8) The competent authority must, within 30 days of receipt of the information contemplated in sub-regulation (7), consider such information and

issue a decision to approve the amended EMPr or closure plan or not.



(9) After the competent authority has reached a decision in terms of sub-regulation (5) or (8), the competent authority must, within 5days-[Words preceding para. (a) substituted by GN 326/2017]

(a) provide the holder of the environmental authorisation with its decision, including the amended EMPr or closure plan if the decision was to

approve the amended EMPr or closure plan, as well as reasons for the decision; (b) draw the attention of the holder of the environmental authorisation to the fact that an appeal may be lodged against the decision in terms of

the National Appeals Regulations, if such appeal is available in the circumstances of the decision; and (c) instruct the holder of the environmental authorisation to, within 14 days of the date of the decision, inform the parties who submitted

comments of the decision, to the fact that an appeal may be lodged against the decision in terms of the National Appeals Regulations, ifsuch appeal is available in the circumstances of the decision.

Part 5

Suspension and withdrawal of environmental authorisation 38. Suspension and withdrawal of environmental authorisation

(1) If the competent authority has reason to believe that the authorisation was obtained through fraud, non-disclosure of material information ormisrepresentation of a material fact, the competent authority may, in writing, suspend or partially suspend, with immediate effect, theenvironmental authorisation and direct the holder of such environmental authorisation forthwith to cease any activities that have beencommenced or to refrain from commencing any activities, pending a decision to withdraw the environmental authorisation.

(2) The holder of the environmental authorisation may, within 10 days of the suspension issued in terms of sub-regulation (1), provide the competent

authority with representations as to why the environmental authorisation should not be withdrawn.[Sub-reg. (2) substituted by GN 326/2017]

(3) Subject to sub-regulation (4), within 14 days of receipt of representations, alternatively within 14 days of the expiry of the time period in which

to submit representations, the competent authority must consider the representations, if any, and must inform the applicant in writing of itsdecision to-

(a) lift the suspension; or

[Para. (a) amended by GN 326/2017] (b) withdraw, or partially withdraw, the environmental authorisation.

(4) In the event that the competent authority requires further information in order to take a decision referred to in sub-regulation (3) it shall-

(a) within the 14 day time period set out in regulation (3), and in writing, request the holder to provide such further information; and (b) consider this additional information prior to taking a decision in terms of (3)(a) or (b).

(5) Where further information is requested, the competent authority shall have a further 14 day period from the date of receipt of this information, in

which to make its decision in terms of sub-regulation (3)(a) or (b). (6) In the event that the competent authority decides to withdraw, or partially withdraw, the environmental authorisation in terms of (3)(b), and the

activity or activities have commenced, the competent authority may direct the holder to rehabilitate the effects of the activity on the environment. (7) The provisions of this Part apply equally to any exemptions issued in terms of the ECA regulations or the previous NEMA regulations as defined

in Chapter 8 of these Regulations.[Para. (7) substituted by GN 326/2017]

CHAPTER 6

PUBLIC PARTICIPATION 39. Activity on land owned by person other than proponent

(1) If the proponent is not the owner or person in control of the land on which the activity is to be undertaken, the proponent must, before applyingfor an environmental authorisation in respect of such activity, obtain the written consent of the landowner or person in control of the land toundertake such activity on that land.

(2) Sub-regulation (1) does not apply in respect of-

(a) linear activities; (b) activities constituting, or activities directly related to prospecting or exploration of a mineral and petroleum resource or extraction and

primary processing of a mineral or petroleum resource; and[Para. (b) substituted by GN 326/2017]

(c) strategic integrated projects as contemplated in the Infrastructure Development Act, 2014.

40. Purpose of public participation

(1) The public participation process to which the-

(a) basic assessment report and EMPr, and where applicable the closure plan, submitted in terms of regulation 19; and (b) scoping report submitted in terms of regulation 21 and the environmental impact assessment report and EMPr submitted in terms of

regulation 23;

was subjected to must give all potential or registered interested and affected parties, including the competent authority, a period of at least 30days to submit comments on each of the basic assessment report, EMPr, scoping report and environmental impact assessment report, and whereapplicable the closure plan, as well as the report contemplated in regulation 32, if such reports or plans are submitted at different times.



(2) The public participation process contemplated in this regulation must provide access to all information that reasonably has or may have the

potential to influence any decision with regard to an application unless access to that information is protected by law and must includeconsultation with-

(a) the competent authority; (b) every State department that administers a law relating to a matter affecting the environment relevant to an application for an environmental

authorisation; (c) all organs of state which have jurisdiction in respect of the activity to which the application relates; and (d) all potential, or, where relevant, registered interested and affected parties.

(3) Potential or registered interested and affected parties, including the competent authority, may be provided with an opportunity to comment on

reports and plans contemplated in sub-regulation (1) prior to submission of an application but must be provided with an opportunity to commenton such reports once an application has been submitted to the competent authority.

[Sub-reg. (3) substituted by GN 326/2017] 41. Public participation process

(1) This regulation only applies in instances where adherence to the provisions of this regulation is specifically required. (2) The person conducting a public participation process must take into account any relevant guidelines applicable to public participation as

contemplated in section 24J of the Act and must give notice to all potential interested and affected parties of an application or proposedapplication which is subjected to public participation by-

(a) fixing a notice board at a place conspicuous to and accessible by the public at the boundary, on the fence or along the corridor of-

(i) the site where the activity to which the application or proposed application relates is or is to be undertaken; and (ii) any alternative site;

(b) giving written notice, in any of the manners provided for in section 47D of the Act, to-

(i) the occupiers of the site and, if the proponent or applicant is not the owner or person in control of the site on which the activity is to

be undertaken, the owner or person in control of the site where the activity is or is to be undertaken and to any alternative site wherethe activity is to be undertaken;

[Sub-para. (i) substituted by GN 326/2017] (ii) owners, persons in control of, and occupiers of land adjacent to the site where the activity is or is to be undertaken and to any

alternative site where the activity is to be undertaken;[Sub-para. (ii) substituted by GN 326/2017]

(iii) the municipal councillor of the ward in which the site and alternative site is situated and any organisation of ratepayers that represent

the community in the area;[Sub-para. (iii) substituted by GN 326/2017]

(iv) the municipality which has jurisdiction in the area; (v) any organ of state having jurisdiction in respect of any aspect of the activity; and (vi) any other party as required by the competent authority;

(c) placing an advertisement in-

(i) one local newspaper; or (ii) any official Gazette that is published specifically for the purpose of providing public notice of applications or other submissions made

in terms of these Regulations;

(d) placing an advertisement in at least one provincial newspaper or national newspaper, if the activity has or may have an impact that extendsbeyond the boundaries of the metropolitan or district municipality in which it is or will be undertaken: Provided that this paragraph neednot be complied with if an advertisement has been placed in an official Gazette referred to in paragraph (c)(ii); and

(e) using reasonable alternative methods, as agreed to by the competent authority, in those instances where a person is desirous of but unable to

participate in the process due to-

(i) illiteracy; (ii) disability; or (iii) any other disadvantage.

(3) A notice, notice board or advertisement referred to in sub-regulation (2) must-

(a) give details of the application or proposed application which is subjected to public participation; and (b) state-

(i) whether basic assessment or S&EIR procedures are being applied to the application; (ii) the nature and location of the activity to which the application relates;

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(iii) where further information on the application or proposed application can be obtained; and (iv) the manner in which and the person to whom representations in respect of the application or proposed application may be made.

(4) A notice board referred to in sub-regulation (2) must-

(a) be of a size of at least 60cm by 42cm; and[Para. (a) substituted by GN 326/2017]

(b) display the required information in lettering and in a format as may be determined by the competent authority.

(5) Where public participation is conducted in terms of this regulation for an application or proposed application, sub-regulation (2)(a), (b), (c) and(d) need not be complied with again during the additional public participation process contemplated in regulations 19(1)(b) or 23(1)(b) or thepublic participation process contemplated in regulation 21 (2)(d), on condition that-

(a) such process has been preceded by a public participation process which included compliance with sub-regulation (2)(a), (b), (c) and (d);

and (b) written notice is given to registered interested and affected parties regarding where the-

(i) revised basic assessment report or, EMPr or closure plan, as contemplated in regulation 19(1)(b); (ii) revised environmental impact assessment report or EMPr as contemplated in regulation 23(1)(b); or

[Sub-para. (ii) substituted by GN 326/2017] (iii) environmental impact assessment report and EMPr as contemplated in regulation 21(2)(d);

[Sub-para. (iii) substituted by GN 326/2017]

may be obtained, the manner in which and the person to whom representations on these reports or plans may be made and the date onwhich such representations are due.

(6) When complying with this regulation, the person conducting the public participation process must ensure that-

(a) information containing all relevant facts in respect of the application or proposed application is made available to potential interested and

affected parties; and (b) participation by potential or registered interested and affected parties is facilitated in such a manner that all potential or registered interested

and affected parties are provided with a reasonable opportunity to comment on the application or proposed application.

(7) Where an environmental authorisation is required in terms of these Regulations and an authorisation, permit or licence is required in terms of aspecific environmental management Act, the public participation process contemplated in this Chapter may be combined with any publicparticipation processes prescribed in terms of a specific environmental management Act, on condition that all relevant authorities agree to suchcombination of processes.

42. Register of interested and affected parties

A proponent or applicant must ensure the opening and maintenance of a register of interested and affected parties and submit such a register to thecompetent authority, which register must contain the names, contact details and addresses of-

(a) all persons who, as a consequence of the public participation process conducted in respect of that application, have submitted written comments

or attended meetings with the proponent, applicant or EAP; (b) all persons who have requested the proponent or applicant, in writing, for their names to be placed on the register; and (c) all organs of state which have jurisdiction in respect of the activity to which the application relates.

43. Registered interested and affected parties entitled to comment on reports and plans

(1) A registered interested and affected party is entitled to comment, in writing, on all reports or plans submitted to such party during the publicparticipation process contemplated in these Regulations and to bring to the attention of the proponent or applicant any issues which that partybelieves may be of significance to the consideration of the application, provided that the interested and affected party discloses any directbusiness, financial, personal or other interest which that party may have in the approval or refusal of the application.

(2) In order to give effect to section 24O of the Act, any State department that administers a law relating to a matter affecting the environment must

be requested, subject to regulation 7(2), to comment within 30 days. 44. Comments of interested and affected parties to be recorded in reports and plans

(1) The applicant must ensure that the comments of interested and affected parties are recorded in reports and plans and that such written comments,including responses to such comments and records of meetings, are attached to the reports and plans that are submitted to the competent authorityin terms of these Regulations.

(2) Where a person desires but is unable to access written comments as contemplated in sub-regulation (1) due to-

(a) a lack of skills to read or write;

[Para. (a) re-numbered by GN 326/2017] (b) disability; or

[Para. (b) re-numbered by GN 326/2017] (c) any other disadvantage;

[Para. (c) re-numbered by GN 326/2017]

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reasonable alternative methods of recording comments must be provided for.

CHAPTER 7

GENERAL MATTERS 45. Failure to comply with requirements for consideration of applications

An application in terms of these Regulations lapses, and a competent authority will deem the application as having lapsed, if the applicant fails to meetany of the time-frames prescribed in terms of these Regulations, unless extension has been granted in terms of regulation 3(7).

46. Resubmission of similar applications

No applicant may submit an application which is substantially similar to a previous application which has been refused unless the appeal on suchrefusal has been finalised or the time period for the submission of such appeal has lapsed.

47. Assistance to people with special needs

The competent authority processing an application in terms of these Regulations must give reasonable assistance to people with-[Words preceding para. (a) amended by GN 326/2017]

(a) illiteracy; (b) a disability; or (c) any other disadvantage

who cannot, but desire to, comply with these Regulations.

48. Offences

(1) A person is guilty of an offence if that person-

(a) provides incorrect or misleading information in any form, including any document submitted in terms of these Regulations to a competentauthority or omits information that may have an influence on the outcome of a decision of a competent authority;

(b) fails to comply with regulation 10(c); (c) fails to comply with regulation 13(1)(f); (d) fails to comply with regulation 34; (e) fails to comply with regulation 37; or (f) commences with an activity where the environmental authorisation was suspended or withdrawn in terms of regulation 38.

(2) A person convicted of an offence in terms of sub-regulation (1)(a), (b), (c), (d) or (e) is liable to the penalties as contemplated in section 49B(2)of the Act.

(3) A person convicted of an offence in terms of sub-regulation (1) (f) is liable to the penalties as contemplated in section 49B(1) of the Act.

CHAPTER 8

TRANSITIONAL ARRANGEMENTS AND COMMENCEMENT 49. Definitions

In this Chapter-

“ECA” means the Environment Conservation Act, 1989 (Act No. 73 of 1989); “NEMA” means the National Environmental Management Act, 1998 (Act No. 107 of 1998); “ECA notices” as contemplated in these transitional arrangements, means the notices in terms of ECA (Government Notice R. 1182, as amended byGovernment Notice R. 1355 of 17 October 1997, Government Notice R. 448 of 27 March 1998 and Government Notice R. 670 of 10 May 2002); “ECA regulations” as contemplated in these transitional arrangements, means the regulations published in terms of sections 26 and 28 of the ECA, byGovernment Notice R. 1183 of 5 September 1997; “previous MPRDA regulations” as contemplated in these transitional arrangements, means the regulations published in terms of section 107 of theMineral and Petroleum Resources Development Act, 2002, by Government Notice R527 in Government Gazette 26275 of 23 April 2004 and asamended from time to time; "previous NEMA notices" as contemplated in these transitional arrangements means the previous notices published in terms of section 24(2) ofNEMA (Government Notices R386 and R387 in the Government Gazette of 21 April 2006, as amended, Government Notices No. R544, 545 and 546in the Government Gazette of 18 June 2010, as amended, or Government Notices No. R983, R984 and R985 in the Government Gazette of 4 December2014);

[Definition of “previous NEMA notices” amended by GN 326/2017 and substituted by GN 706/2018] “previous NEMA regulations” as contemplated in these transitional arrangements means the previous Environmental Impact Assessment Regulationspublished in terms of NEMA (Government Notice No. R. 385 in the Government Gazette of 21 April 2006 or Government Notice No. R. 543 in theGovernment Gazette of 18 June 2010).

[Definition of “previous NEMA regulations” substituted by GN 326/2017]



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50. Continuation of actions undertaken and authorisations issued under previous ECA regulations

(1) Any actions undertaken in terms of the ECA regulations and which can be undertaken in terms of a provision of these Regulations must beregarded as having been undertaken in terms of the provision of these Regulations.

(2) Any authorisation issued or exemption from obtaining an environmental authorisation granted in terms of the ECA regulations, must be regarded

to be an environmental authorisation issued in terms of these Regulations. 51. Pending applications (ECA)

[Heading of reg. 51 substituted by GN 326/2017]

(1) An application submitted in terms of the ECA regulations and which is pending when these Regulations take effect, including pendingapplications for activities directly related to-

(a) prospecting or exploration of a mineral or petroleum resource; or (b) extraction and primary processing of a mineral or petroleum resource; must despite the repeal of those Regulations be dispensed with in terms of those Regulations as if those Regulations were not repealed.

(2) If a situation arises where an activity or activities listed under the ECA Notices no longer requires environmental authorisation in terms of the

current activities and competent authorities identified in terms of sections 24(2) and 24D of the Act or in terms of the National EnvironmentalManagement: Waste Act, 2008 (Act No. 59 of 2008), and where a decision on an application submitted under the ECA regulations is stillpending, the competent authority will consider such application to be withdrawn.

(3) Where an application submitted in terms of the ECA regulations is pending in relation to an activity of which a component of the same activity

was not listed under the ECA Notices, but is now identified in terms of section 24(2) of the Act, the competent authority must dispense of suchapplication in terms of those ECA regulations and may authorise the activity identified in terms of section 24(2) as if it was applied for, oncondition that all impacts of the newly listed activity and requirements of these Regulations have also been considered and adequately assessed.

52. Continuation of actions undertaken and authorisations issued under previous NEMA regulations

(1) Any actions undertaken in terms of the previous NEMA regulations and which can be undertaken in terms of a provision of these Regulationsmust be regarded as having been undertaken in terms of the provision of these Regulations.

(2) Any authorisation issued in terms of the previous NEMA Regulations must be regarded to be an environmental authorisation issued in terms of

these Regulations. 53. Pending applications and appeals (NEMA)

(1) An application submitted in terms of the previous NEMA regulations and which is pending when these Regulations take effect, includingpending applications for auxiliary activities directly related to-

(a) prospecting or exploration of a mineral or petroleum resource; or (b) extraction and primary processing of a mineral or petroleum resource,

must despite the repeal of those Regulations be dispensed with in terms of those previous NEMA regulations as if those previous NEMAregulations were not repealed.

(2) If a situation arises where an activity or activities, identified under the previous NEMA Notices, no longer requires environmental authorisation

in terms of the current activities and competent authorities identified in terms of section 24(2) and 24D of the National EnvironmentalManagement Act, 1998 (Act No. 107 of 1998) or in terms of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008),and where a decision on an application submitted under the previous NEMA regulations is still pending, the competent authority will considersuch application to be withdrawn.

(3) Where an application submitted in terms of the previous NEMA regulations, is pending in relation to an activity of which a component of the

same activity was not identified under the previous NEMA notices, but is now identified in terms of section 24(2) of the Act, the competentauthority must dispense of such application in terms of the previous NEMA regulations and may authorise the activity identified in terms ofsection 24(2) as if it was applied for, on condition that all impacts of the newly identified activity and requirements of these Regulations havealso been considered and adequately assessed.

(4) An appeal lodged in terms of the previous NEMA regulations, and which is pending when these Regulations take effect must despite the repeal

of those previous NEMA regulations be dispensed with in terms thereof as if those previous NEMA regulations were not repealed. 54. Pending applications (MPRDA)

(1) An application submitted in terms of the previous MPRDA regulations and which is pending when these Regulations take effect must despite therepeal of those regulations be dispensed with in terms of those previous MPRDA regulations as if those previous MPRDA regulations were notrepealed.

(2) An application submitted after the commencement of these Regulations for an amendment of an Environmental Management Programme or

Environmental Management Plan, issued in terms of the Mineral and Petroleum Resources Development Act, 2002, must be dealt with in termsof Part 1 or Part 2 of Chapter 5 of these Regulations.

[Sub-reg. (2) substituted by GN 326/2017] (3) “Application” for the purpose of sub-regulation (1) means an application for a permit, right, approval of an Environmental Management

Programme or Environmental Management Plan or amendment of such permit, right or Environmental Management Programme orEnvironmental Management Plan.

[Sub-reg. (3) substituted by GN 326/2017] 54A. Transitional provisions











(1) Where, prior to 8 December 2014-

(a) environmental authorisation was required for activities directly related to-

(i) prospecting or exploration of a mineral or petroleum resource; or (ii) extraction and primary processing of a mineral or petroleum resource;

and such environmental authorisation has been obtained; and

(b) a right, permit or exemption was required in terms of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)

for-

(i) prospecting or exploration of a mineral or petroleum resource; or

(ii) extraction and primary processing of a mineral or petroleum resource;

and such right, permit or exemption has been obtained, and activities authorised in such environmental authorisation, right, permit or exemptioncommenced after 8 December 2014, such environmental authorisation, right, permit or exemption is regarded as fulfilling the requirements of theAct: Provided that where an application for an environmental authorisation was refused or not obtained in terms of the Act for activities directlyrelated to prospecting, exploration or extraction of a mineral or petroleum resource, including primary processing, this sub-regulation does notapply.

(2) Where a right or permit issued in terms of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002) for-

(a) prospecting or exploration of a mineral or petroleum resource; or (b) extraction and primary processing of a mineral or petroleum resource;

and the associated Environmental Management Programme or Environmental Management Plan approved in terms of Mineral and PetroleumResources Development Act, 2002 (Act No. 28 of 2002) is still in effect after 8 December 2014, the requirements contained in Part 3 of Chapter5 of these Regulations apply to such Environmental Management Programmes or Environmental Management Plans and the first environmentalaudit report must be submitted to the competent authority no later than 7 December 2019 and at least every 5 years thereafter for the periodduring which such right, permit, Environmental Management Programme or Environmental Management Plan is still in effect.

(3) Where an environmental authorisation issued in terms of the ECA regulations or the previous NEMA regulations is still in effect by 8 December

2014, the EMPr associated with such environmental authorisation is subject to the requirements contained in Part 3 of Chapter 5 of theseRegulations and the first environmental audit report must be submitted to the competent authority no later than 7 December 2019 and at leastevery 5 years thereafter for the period during which such environmental authorisation is still in effect.

[S. 54A inserted by GN 326/2017] 55. Continuation of regulations regulating authorisations for activities in certain coastal areas

These Regulations do not affect the continued application of the regulations published in terms of sections 26 and 28 of the ECA, by GovernmentNotice R. 1528 of 27 November 1998.

56. Repeal of Environmental Impact Assessment Regulations, 2010

[Heading of reg. 56 substituted by GN 326/2017]

The Environmental Impact Assessment Regulations published in Government Notice No. R. 543, in the Gazette No. 33306 of 18 June 2010, is herebyrepealed.

57. Short title and commencement

These Regulations are called the Environmental Impact Assessment Regulations, 2014 and take effect on 8 December 2014.

APPENDIX 1 1. Basic Assessment Process

The environmental outcomes, impacts and residual risks of the proposed activity must be set out in the basic assessment report. 2. Objective of the basic assessment process

The objective of the basic assessment process is to, through a consultative process-

(a) determine the policy and legislative context within which the proposed activity is located and how the activity complies with and responds to thepolicy and legislative context;

(b) identify the alternatives considered, including the activity, location, and technology alternatives; (c) describe the need and desirability of the proposed alternatives;

[Para. (c) amended by GN 326/2017] (d) through the undertaking of an impact and risk assessment process, inclusive of cumulative impacts which focused on determining the

geographical, physical, biological, social, economic, heritage, and cultural sensitivity of the sites and locations within sites and the risk of impactof the proposed activity and technology alternatives on these aspects to determine-


(i) the nature, significance, consequence, extent, duration, and probability of the impacts occurring to; and (ii) the degree to which these impacts-





(aa) can be reversed; (bb) may cause irreplaceable loss of resources; and (cc) can be avoided, managed or mitigated; and

[Item (cc) amended by GN 326/2017]

(e) through a ranking of the site sensitivities and possible impacts the activity and technology alternatives will impose on the sites and locationidentified through the life of the activity to-

(i) identify and motivate a preferred site, activity and technology alternative; (ii) identify suitable measures to avoid, manage or mitigate identified impacts; and (iii) identify residual risks that need to be managed and monitored.

3. Scope of assessment and content of basic assessment reports

(1) A basic assessment report must contain the information that is necessary for the competent authority to consider and come to a decision on theapplication, and must include-

(a) details of-

(i) the EAP who prepared the report; and (ii) the expertise of the EAP, including a curriculum vitae;

(b) the location of the activity, including:

(i) the 21 digit Surveyor General code of each cadastral land parcel; (ii) where available, the physical address and farm name; (iii) where the required information in items (i) and (ii) is not available, the coordinates of the boundary of the property or properties;

(c) a plan which locates the proposed activity or activities applied for as well as associated structures and infrastructure at an appropriate scale;

or, if it is-

(i) a linear activity, a description and coordinates of the corridor in which the proposed activity or activities is to be undertaken; or (ii) on land where the property has not been defined, the coordinates within which the activity is to be undertaken;

(d) a description of the scope of the proposed activity, including-

(i) all listed and specified activities triggered and being applied for; and (ii) a description of the activities to be undertaken including associated structures and infrastructure-

[Sub-para. (ii) amended by GN 326/2017]

(e) a description of the policy and legislative context within which the development is proposed including-

(i) an identification of all legislation, policies, plans, guidelines, spatial tools, municipal development planning frameworks, andinstruments that are applicable to this activity and have been considered in the preparation of the report; and

(ii) how the proposed activity complies with and responds to the legislation and policy context, plans, guidelines, tools frameworks, and

instruments;

(f) a motivation for the need and desirability for the proposed development including the need and desirability of the activity in the context ofthe preferred location;

(g) a motivation for the preferred site, activity and technology alternative; (h) a full description of the process followed to reach the proposed preferred alternative within the site, including-

[Words preceding sub-para. (i) amended by GN 326/2017]

(i) details of all the alternatives considered; (ii) details of the public participation process undertaken in terms of regulation 41 of the Regulations, including copies of the supporting

documents and inputs; (iii) a summary of the issues raised by interested and affected parties, and an indication of the manner in which the issues were

incorporated, or the reasons for not including them; (iv) the environmental attributes associated with the alternatives focusing on the geographical, physical, biological, social, economic,

heritage and cultural aspects; (v) the impacts and risks identified for each alternative, including the nature, significance, consequence, extent, duration and probability

of the impacts, including the degree to which these impacts- (aa) can be reversed; (bb) may cause irreplaceable loss of resources; and



(cc) can be avoided, managed or mitigated; (vi) the methodology used in determining and ranking the nature, significance, consequences, extent, duration and probability of potential

environmental impacts and risks associated with the alternatives; (vii) positive and negative impacts that the proposed activity and alternatives will have on the environment and on the community that

may be affected focusing on the geographical, physical, biological, social, economic, heritage and cultural aspects; (viii) the possible mitigation measures that could be applied and level of residual risk; (ix) the outcome of the site selection matrix; (x) if no alternatives, including alternative locations for the activity were investigated, the motivation for not considering such; and (xi) a concluding statement indicating the preferred alternatives, including preferred location of the activity;

(i) a full description of the process undertaken to identify, assess and rank the impacts the activity will impose on the preferred locationthrough the life of the activity, including-

(i) a description of all environmental issues and risks that were identified during the environmental impact assessment process; and (ii) an assessment of the significance of each issue and risk and an indication of the extent to which the issue and risk could be avoided or

addressed by the adoption of mitigation measures;

(j) an assessment of each identified potentially significant impact and risk, including- (i) cumulative impacts; (ii) the nature, significance and consequences of the impact and risk; (iii) the extent and duration of the impact and risk; (iv) the probability of the impact and risk occurring; (v) the degree to which the impact and risk can be reversed; (vi) the degree to which the impact and risk may cause irreplaceable loss of resources; and (vii) the degree to which the impact and risk can be avoided, managed or mitigated;

(k) where applicable, a summary of the findings and impact management measures identified in any specialist report complying with

Appendix 6 to these Regulations and an indication as to how these findings and recommendations have been included in the final report;

(l) an environmental impact statement which contains-

(i) a summary of the key findings of the environmental impact assessment; (ii) a map at an appropriate scale which superimposes the proposed activity and its associated structures and infrastructure on the

environmental sensitivities of the preferred site indicating any areas that should be avoided, including buffers; and (iii) a summary of the positive and negative impacts and risks of the proposed activity and identified alternatives;

(m) based on the assessment, and where applicable, impact management measures from specialist reports, the recording of the proposed impactmanagement outcomes for the development for inclusion in the EMPr;

[Para. (m) substituted by GN 326/2017]

(n) any aspects which were conditional to the findings of the assessment either by the EAP or specialist which are to be included as conditionsof authorisation;

(o) a description of any assumptions, uncertainties, and gaps in knowledge which relate to the assessment and mitigation measures proposed; (p) a reasoned opinion as to whether the proposed activity should or should not be authorised, and if the opinion is that it should be authorised,

any conditions that should be made in respect of that authorisation; (q) where the proposed activity does not include operational aspects, the period for which the environmental authorisation is required, the date

on which the activity will be concluded, and the post construction monitoring requirements finalised; (r) an undertaking under oath or affirmation by the EAP in relation to-


(i) the correctness of the information provided in the reports; (ii) the inclusion of comments and inputs from stakeholders and I&APs; (iii) the inclusion of inputs and recommendations from the specialist reports where relevant; and (iv) any information provided by the EAP to interested and affected parties and any responses by the EAP to comments or inputs made by

interested and affected parties; and

(s) where applicable, details of any financial provision for the rehabilitation, closure, and ongoing post decommissioning management ofnegative environmental impacts;



(t) any specific information that may be required by the competent authority; and (u) any other matters required in terms of section 24(4)(a) and (b) of the Act.

(2) Where a government notice gazetted by the Minister provides for the basic assessment process to be followed, the requirements as indicated in

such a notice will apply.[Sub-reg. (2) substituted by GN 326/2017]

APPENDIX 2

1. Objective of the Scoping Process

The objective of the scoping process is to, through a consultative process-

(a) identify the relevant policies and legislation relevant to the activity; (b) motivate the need and desirability of the proposed activity, including the need and desirability of the activity in the context of the preferred

location; (c) identify and confirm the preferred activity and technology alternative through an identification of impacts and risks and ranking process of such

impacts and risks;[Para. (c) substituted by GN 326/2017]

(d) identify and confirm the preferred site, through a detailed site selection process, which includes an identification of impacts and risks inclusive of

identification of cumulative impacts and a ranking process of all the identified alternatives focusing on the geographical, physical, biological,social, economic, and cultural aspects of the environment;

[Para. (d) substituted by GN 326/2017] (e) identify the key issues to be addressed in the assessment phase; (f) agree on the level of assessment to be undertaken, including the methodology to be applied, the expertise required as well as the extent of further

consultation to be undertaken to determine the impacts and risks the activity will impose on the preferred site through the life of the activity,including the nature, significance, consequence, extent, duration and probability of the impacts to inform the location of the developmentfootprint within the preferred site; and

(g) identify suitable measures to avoid, manage or mitigate identified impacts and to determine the extent of the residual risks that need to be

managed and monitored.

2. Content of the scoping report

(1) A scoping report must contain the information that is necessary for a proper understanding of the process, informing all preferred alternatives,including location alternatives, the scope of the assessment, and the consultation process to be undertaken through the environmental impactassessment process, and must include-

(a) details of-

(i) the EAP who prepared the report; and (ii) the expertise of the EAP, including a curriculum vitae;

(b) the location of the activity, including-

(i) the 21 digit Surveyor General code of each cadastral land parcel; (ii) where available, the physical address and farm name; (iii) where the required information in items (i) and (ii) is not available, the coordinates of the boundary of the property or properties;

(c) a plan which locates the proposed activity or activities applied for at an appropriate scale, or, if it is-

(i) a linear activity, a description and coordinates of the corridor in which the proposed activity or activities is to be undertaken; or (ii) on land where the property has not been defined, the coordinates within which the activity is to be undertaken;


(i) all listed and specified activities triggered; (ii) a description of the activities to be undertaken, including associated structures and infrastructure;

(e) a description of the policy and legislative context within which the development is proposed including an identification of all legislation,

policies, plans, guidelines, spatial tools, municipal development planning frameworks and instruments that are applicable to this activityand are to be considered in the assessment process;

(f) a motivation for the need and desirability for the proposed development including the need and desirability of the activity in the context of

the preferred location; (g) a full description of the process followed to reach the proposed preferred activity, site and location of the development footprint within the

site, including-

(i) details of all the alternatives considered;




(ii) details of the public participation process undertaken in terms of regulation 41 of the Regulations, including copies of the supportingdocuments and inputs;

(iii) a summary of the issues raised by interested and affected parties, and an indication of the manner in which the issues were

incorporated, or the reasons for not including them; (iv) the environmental attributes associated with the alternatives focusing on the geographical, physical, biological, social, economic,

heritage and cultural aspects; (v) the impacts and risks which have informed the identification of each alternative, including the nature, significance, consequence,

extent, duration and probability of such identified impacts, including the degree to which these impacts-[Words preceding sub-para. (aa) substituted by GN 326/2017]

(aa) can be reversed; (bb) may cause irreplaceable loss of resources; and (cc) can be avoided, managed or mitigated;

(vi) the methodology used in identifying and ranking the nature, significance, consequences, extent, duration and probability of potential

environmental impacts and risks associated with the alternatives;[Sub-para. (vi) substituted by GN 326/2017]

(vii) positive and negative impacts that the proposed activity and alternatives will have on the environment and on the community that may

be affected focusing on the geographical, physical, biological, social, economic, heritage and cultural aspects;

(viii) the possible mitigation measures that could be applied and level of residual risk; (ix) the outcome of the site selection matrix; (x) if no alternatives, including alternative locations for the activity were investigated, the motivation for not considering such; and (xi) a concluding statement indicating the preferred alternatives, including preferred location of the activity;

[Para. (g) re-numbered by GN 326/2017]

(h) a plan of study for undertaking the environmental impact assessment process to be undertaken, including-

(i) a description of the alternatives to be considered and assessed within the preferred site, including the option of not proceeding withthe activity;

(ii) a description of the aspects to be assessed as part of the environmental impact assessment process; (iii) aspects to be assessed by specialists; (iv) a description of the proposed method of assessing the environmental aspects, including aspects to be assessed by specialists;

[Sub-para. (iv) substituted by GN 326/2017] (v) a description of the proposed method of assessing duration and significance; (vi) an indication of the stages at which the competent authority will be consulted; (vii) particulars of the public participation process that will be conducted during the environmental impact assessment process; and (viii) a description of the tasks that will be undertaken as part of the environmental impact assessment process; (ix) identify suitable measures to avoid, reverse, mitigate or manage identified impacts and to determine the extent of the residual risks

that need to be managed and monitored.[Para. (h) re-numbered by GN 326/2017]

(i) an undertaking under oath or affirmation by the EAP in relation to-

(i) the correctness of the information provided in the report; (ii) the inclusion of comments and inputs from stakeholders and interested and affected parties; and (iii) any information provided by the EAP to interested and affected parties and any responses by the EAP to comments or inputs made by

interested or affected parties;[Para. (i) re-numbered by GN 326/2017]

(j) an undertaking under oath or affirmation by the EAP in relation to the level of agreement between the EAP and interested and affected

parties on the plan of study for undertaking the environmental impact assessment;[Para. (j) re-numbered by GN 326/2017]

(k) where applicable, any specific information required by the competent authority; and

[Para. (k) re-numbered by GN 326/2017] (l) any other matter required in terms of section 24(4)(a) and (b) of the Act.

[Para. (l) re-numbered by GN 326/2017]

(2) Where a government notice gazetted by the Minister provides for any protocol or minimum information requirement to be applied to a scopingreport, the requirements as indicated in such notice will apply.


APPENDIX 3




1. Environmental impact assessment process

(1) The environmental impact assessment process must be undertaken in line with the approved plan of study for environmental impact assessment. (2) The environmental impacts, mitigation and closure outcomes as well as the residual risks of the proposed activity must be set out in the

environmental impact assessment report. 2. Objective of the environmental impact assessment process

The objective of the environmental impact assessment process is to, through a consultative process-

(a) determine the policy and legislative context within which the activity is located and document how the proposed activity complies with andresponds to the policy and legislative context;

(b) describe the need and desirability of the proposed activity, including the need and desirability of the activity in the context of the development

footprint on the approved site as contemplated in the accepted scoping report;[Para. (b) substituted by GN 326/2017]

(c) identify the location of the development footprint within the approved site as contemplated in the accepted scoping report based on an impact and

risk assessment process inclusive of cumulative impacts and a ranking process of all the identified development footprint alternatives focusing onthe geographical, physical, biological, social, economic, heritage and cultural aspects of the environment;

[Para. (c) substituted by GN 326/2017] (d) determine the-

(i) nature, significance, consequence, extent, duration and probability of the impacts occurring to inform identified preferred alternatives; and (ii) degree to which these impacts-

(aa) can be reversed; (bb) may cause irreplaceable loss of resources, and (cc) can be avoided, managed or mitigated;

(e) identify the most ideal location for the activity within the development footprint of the approved site as contemplated in the accepted scoping

report based on the lowest level of environmental sensitivity identified during the assessment;[Para. (e) substituted by GN 326/2017]

(f) identify, assess, and rank the impacts the activity will impose on the development footprint on the approved site as contemplated in the accepted

scoping report through the life of the activity;[Para. (f) substituted by GN 326/2017]

(g) identify suitable measures to avoid, manage or mitigate identified impacts; and (h) identify residual risks that need to be managed and monitored.

3. Scope of assessment and content of environmental impact assessment reports

(1) An environmental impact assessment report must contain the information that is necessary for the competent authority to consider and come to adecision on the application, and must include-

(a) details of-

(iii) the EAP who prepared the report; and (iv) the expertise of the EAP, including a curriculum vitae;

(b) the location of the development footprint of the activity on the approved site as contemplated in the accepted scoping report, including:[Words preceding sub-para. (i) substituted by GN 326/2017]

(i) the 21 digit Surveyor General code of each cadastral land parcel; (ii) where available, the physical address and farm name; and (iii) where the required information in items (i) and (ii) is not available, the coordinates of the boundary of the property or properties;

(c) a plan which locates the proposed activity or activities applied for as well as the associated structures and infrastructure at an appropriate

scale, or, if it is-

(i) a linear activity, a description and coordinates of the corridor in which the proposed activity or activities is to be undertaken; (ii) on land where the property has not been defined, the coordinates within which the activity is to be undertaken;


(i) all listed and specified activities triggered and being applied for; and (ii) a description of the associated structures and infrastructure related to the development;

(e) a description of the policy and legislative context within which the development is located and an explanation of how the proposed

development complies with and responds to the legislation and policy context;



(f) a motivation for the need and desirability for the proposed development, including the need and desirability of the activity in the context of

the preferred development footprint within the approved site as contemplated in the accepted scoping report;[Para. (f) substituted by GN 326/2017]

(g) a motivation for the preferred development footprint within the approved site as contemplated in the accepted scoping report;

[Para. (g) substituted by GN 326/2017] (h) a full description of the process followed to reach the proposed development footprint within the approved site as contemplated in the

accepted scoping report, including:[Words preceding sub-para. (i) substituted by GN 326/2017]

(i) details of the development footprint alternatives considered; (ii) details of the public participation process undertaken in terms of regulation 41 of the Regulations, including copies of the supporting

documents and inputs; (iii) a summary of the issues raised by interested and affected parties, and an indication of the manner in which the issues were

incorporated, or the reasons for not including them; (iv) the environmental attributes associated with the development footprint alternatives focusing on the geographical, physical, biological,

social, economic, heritage and cultural aspects; (v) the impacts and risks identified including the nature, significance, consequence, extent, duration and probability of the impacts,

including the degree to which these impacts-

(aa) can be reversed; (bb) may cause irreplaceable loss of resources; and (cc) can be avoided, managed or mitigated;

(vi) the methodology used in determining and ranking the nature, significance, consequences, extent, duration and probability of potential

environmental impacts and risks; (vii) positive and negative impacts that the proposed activity and alternatives will have on the environment and on the community that may

be affected focusing on the geographical, physical, biological, social, economic, heritage and cultural aspects; (viii) the possible mitigation measures that could be applied and level of residual risk;

(ix) if no alternative development footprints for the activity were investigated, the motivation for not considering such; and

[Para. (ix) substituted by GN 326/2017] (x) a concluding statement indicating the location of the preferred alternative development footprint within the approved site as

contemplated in the accepted scoping report;[Para. (x) substituted by GN 326/2017]

(i) a full description of the process undertaken to identify, assess and rank the impacts the activity and associated structures and infrastructure

will impose on the preferred development footprint on the approved site as contemplated in the accepted scoping report through the life ofthe activity, including-


(i) a description of all environmental issues and risks that were identified during the environmental impact assessment process; and (ii) an assessment of the significance of each issue and risk and an indication of the extent to which the issue and risk could be avoided or

addressed by the adoption of mitigation measures;

(j) an assessment of each identified potentially significant impact and risk, including-

(i) cumulative impacts; (ii) the nature, significance and consequences of the impact and risk; (iii) the extent and duration of the impact and risk; (iv) the probability of the impact and risk occurring; (v) the degree to which the impact and risk can be reversed; (vi) the degree to which the impact and risk may cause irreplaceable loss of resources; and (vii) the degree to which the impact and risk can be mitigated;

(k) where applicable, a summary of the findings and recommendations of any specialist report complying with Appendix 6 to these

Regulations and an indication as to how these findings and recommendations have been included in the final assessment report;

(l) an environmental impact statement which contains-

(i) a summary of the key findings of the environmental impact assessment: (ii) a map at an appropriate scale which superimposes the proposed activity and its associated structures and infrastructure on the

environmental sensitivities of the preferred development footprint on the approved site as contemplated in the accepted scopingreport indicating any areas that should be avoided, including buffers; and



[Sub-para. (ii) substituted by GN 327/2017 ] (iii) a summary of the positive and negative impacts and risks of the proposed activity and identified alternatives;

(m) based on the assessment, and where applicable, recommendations from specialist reports, the recording of proposed impact management

outcomes for the development for inclusion in the EMPr as well as for inclusion as conditions of authorisation;[Para. (m) substituted by GN 326/2017]

(n) the final proposed alternatives which respond to the impact management measures, avoidance, and mitigation measures identified through

the assessment; (o) any aspects which were conditional to the findings of the assessment either by the EAP or specialist which are to be included as conditions

of authorisation; (p) a description of any assumptions, uncertainties and gaps in knowledge which relate to the assessment and mitigation measures proposed; (q) a reasoned opinion as to whether the proposed activity should or should not be authorised, and if the opinion is that it should be authorised,

any conditions that should be made in respect of that authorisation; (r) where the proposed activity does not include operational aspects, the period for which the environmental authorisation is required and the

date on which the activity will be concluded and the post construction monitoring requirements finalised; (s) an undertaking under oath or affirmation by the EAP in relation to-


(i) the correctness of the information provided in the reports; (ii) the inclusion of comments and inputs from stakeholders and I&APs; (iii) the inclusion of inputs and recommendations from the specialist reports where relevant; and (iv) any information provided by the EAP to interested and affected parties and any responses by the EAP to comments or inputs made by

interested or affected parties;

(t) where applicable, details of any financial provision for the rehabilitation, closure, and ongoing post decommissioning management ofnegative environmental impacts;

[Para. (t) substituted by GN 326/2017] (u) an indication of any deviation from the approved scoping report, including the plan of study, including-

(i) any deviation from the methodology used in determining the significance of potential environmental impacts and risks; and (ii) a motivation for the deviation;

(v) any specific information that may be required by the competent authority; and

(w) any other matters required in terms of section 24(4)(a) and (b) of the Act.

(2) Where a government notice gazetted by the Minister provides for any protocol or minimum information requirement to be applied to anenvironmental impact assessment report the requirements as indicated in such notice will apply.

[Subs. (2) substituted by GN 326/2017]

APPENDIX 4 1. Content of environmental management programme (EMPr)

(1) An EMPr must comply with section 24N of the Act and include-

(a) details of-

(i) the EAP who prepared the EMPr; and (ii) the expertise of that EAP to prepare an EMPr, including a curriculum vitae;

(b) a detailed description of the aspects of the activity that are covered by the EMPr as identified by the project description; (c) a map at an appropriate scale which superimposes the proposed activity, its associated structures, and infrastructure on the environmental

sensitivities of the preferred site, indicating any areas that should be avoided, including buffers;[Para. (c) substituted by GN 326/2017]

(d) a description of the impact management outcomes, including management statements, identifying the impacts and risks that need to be

avoided, managed and mitigated as identified through the environmental impact assessment process for all phases of the developmentincluding-


(i) planning and design; (ii) pre-construction activities; (iii) construction activities; (iv) rehabilitation of the environment after construction and where applicable post closure; and


https://discover.sabinet.co.za/webx/access/netlaw/107_1998_national_environmental_management_act.htm#section24N



(v) where relevant, operation activities;

(e) ..........[Para. (e) deleted by GN 326/2017 ]

(f) a description of proposed impact management actions, identifying the manner in which the impact management outcomes contemplated in

paragraph (d) will be achieved, and must, where applicable, include actions to-[Words preceding sub-para. (i) substituted by GN 326/2017]

(i) avoid, modify, remedy, control or stop any action, activity or process which causes pollution or environmental degradation; (ii) comply with any prescribed environmental management standards or practices; (iii) comply with any applicable provisions of the Act regarding closure, where applicable; and (iv) comply with any provisions of the Act regarding financial provision for rehabilitation, where applicable;

(g) the method of monitoring the implementation of the impact management actions contemplated in paragraph (f); (h) the frequency of monitoring the implementation of the impact management actions contemplated in paragraph (f);

(i) an indication of the persons who will be responsible for the implementation of the impact management actions; (j) the time periods within which the impact management actions contemplated in paragraph (f) must be implemented; (k) the mechanism for monitoring compliance with the impact management actions contemplated in paragraph (f); (l) a program for reporting on compliance, taking into account the requirements as prescribed by the Regulations; (m) an environmental awareness plan describing the manner in which-

(i) the applicant intends to inform his or her employees of any environmental risk which may result from their work; and (ii) risks must be dealt with in order to avoid pollution or the degradation of the environment; and

(n) any specific information that may be required by the competent authority.

(2) Where a government notice gazetted by the Minister provides for a generic EMPr, such generic EMPr as indicated in such notice will apply.

[Sub-reg. (2) added by GN 326/2017]

APPENDIX 5 1. Content of closure plan

(1) A closure plan must include-

(a) details of-

(i) the EAP who prepared the closure plan; and (ii) the expertise of that EAP;

(b) closure objectives; (c) proposed mechanisms for monitoring compliance with and performance assessment against the closure plan and reporting thereon; (d) measures to rehabilitate the environment affected by the undertaking of any listed activity or specified activity and associated closure to its

natural or predetermined state or to a land use which conforms to the generally accepted principle of sustainable development, including ahandover report, where applicable;

(e) information on any proposed avoidance, management and mitigation measures that will be taken to address the environmental impacts

resulting from the undertaking of the closure activity; (f) a description of the manner in which it intends to-

(i) modify, remedy, control or stop any action, activity or process which causes pollution or environmental degradation during closure; (ii) remedy the cause of pollution or degradation and migration of pollutants during closure; (iii) comply with any prescribed environmental management standards or practices; and (iv) comply with any applicable provisions of the Act regarding closure;

(g) time periods within which the measures contemplated in the closure plan must be implemented;

(h) the process for managing any environmental damage, pollution, pumping and treatment of extraneous water or ecological degradation as a

result of closure;[Para. (h) amended by GN 326/2017]

(i) details of all public participation processes conducted in terms of regulation 41 of the Regulations, including-

(i) copies of any representations and comments received from registered interested and affected parties;



(ii) a summary of comments received from, and a summary of issues raised by registered interested and affected parties, the date ofreceipt of these comments and the response of the EAP to those comments;

(iii) the minutes of any meetings held by the EAP with interested and affected parties and other role players which record the views of the

participants; (iv) where applicable, an indication of the amendments made to the plan as a result of public participation processes conducted in terms of

regulation 41 of these Regulations; and[Sub-para. (iv) amended by GN 326/2017]

(j) where applicable, details of any financial provision for the rehabilitation, closure and on-going post decommissioning management of

negative environmental impacts.

APPENDIX 6 1. Specialist reports

(1) A specialist report prepared in terms of these Regulations must contain-

(a) details of-

(i) the specialist who prepared the report; and (ii) the expertise of that specialist to compile a specialist report including a curriculum vitae;

(b) a declaration that the specialist is independent in a form as may be specified by the competent authority; (c) an indication of the scope of, and the purpose for which, the report was prepared; (cA) an indication of the quality and age of base data used for the specialist report;

[Para. (cA) inserted by GN 326/2017] (cB) a description of existing impacts on the site, cumulative impacts of the proposed development and levels of acceptable change;

[Para. (cB) inserted by GN 326/2017] (d) the duration, date and season of the site investigation and the relevance of the season to the outcome of the assessment;

[Para. (d) substituted by GN 326/2017] (e) a description of the methodology adopted in preparing the report or carrying out the specialised process inclusive of equipment and

modelling used;[Para. (e) substituted by GN 326/2017]

(f) details of an assessment of the specific identified sensitivity of the site related to the proposed activity or activities and its associated

structures and infrastructure, inclusive of a site plan identifying site alternatives;[Para. (f) substituted by GN 326/2017]

(g) an identification of any areas to be avoided, including buffers;

(h) a map superimposing the activity including the associated structures and infrastructure on the environmental sensitivities of the site

including areas to be avoided, including buffers; (i) a description of any assumptions made and any uncertainties or gaps in knowledge; (j) a description of the findings and potential implications of such findings on the impact of the proposed activity or activities;

[Para. (j) substituted by GN 326/2017] (k) any mitigation measures for inclusion in the EMPr; (l) any conditions for inclusion in the environmental authorisation; (m) any monitoring requirements for inclusion in the EMPr or environmental authorisation; (n) a reasoned opinion-

(i) whether the proposed activity, activities or portions thereof should be authorised;

[Sub-para. (i) substituted by GN 326/2017] (iA) regarding the acceptability of the proposed activity or activities; and

[Sub-para. (iA) inserted by GN 326/2017] (ii) if the opinion is that the proposed activity, activities or portions thereof should be authorised, any avoidance, management and

mitigation measures that should be included in the EMPr, and where applicable, the closure plan;[Sub-para. (ii) substituted by GN 326/2017]

(o) a description of any consultation process that was undertaken during the course of preparing the specialist report; (p) a summary and copies of any comments received during any consultation process and where applicable all responses thereto; and (q) any other information requested by the competent authority.

(2) Where a government notice gazetted by the Minister provides for any protocol or minimum information requirement to be applied to a specialist

report, the requirements as indicated in such notice will apply.[Para. (2) substituted by GN 326/2017]



APPENDIX 7 1. Environmental audit report

The environmental audit report must provide for recommendations regarding the need to amend the EMPr, and where applicable, the closure plan. 2. Objective of the environmental audit report

The objective of the environmental audit report is to-

(a) report on- (i) the level of compliance with the conditions of the environmental authorisation and the EMPr, and where applicable, the closure plan; and (ii) the extent to which the avoidance, management and mitigation measures provided for in the EMPr, and where applicable, the closure plan

achieve the objectives and outcomes of the EMPr, and closure plan;[Sub-para. (ii) amended by GN 326/2017]

(b) identify and assess any new impacts and risks as a result of undertaking the activity; (c) evaluate the effectiveness of the EMPr, and where applicable, the closure plan; (d) identify shortcomings in the EMPr, and where applicable, the closure plan; and (e) identify the need for any changes to the avoidance, management and mitigation measures provided for in the EMPr, and where applicable, the

closure plan. 3. Content of environmental audit reports

(1) An environmental audit report prepared in terms of these Regulations must contain-

(a) details of the-

(i) independent person who prepared the environmental audit report; and[Sub-para. (i) amended by GN 326/2017]

(ii) expertise of the independent person that compiled the environmental audit report;

[Sub-para. (ii) amended by GN 326/2017]

(b) a declaration that the independent auditor is independent in a form as may be specified by the competent authority; (c) an indication of the scope of, and the purpose for which, the environmental audit report was prepared; (d) a description of the methodology adopted in preparing the environmental audit report; (e) an indication of the ability of the EMPr, and where applicable, the closure plan to-

(i) sufficiently provide for the avoidance, management and mitigation of environmental impacts associated with the undertaking of the

activity on an ongoing basis; (ii) sufficiently provide for the avoidance, management and mitigation of environmental impacts associated with the closure of the

facility; and (iii) ensure compliance with the provisions of environmental authorisation, EMPr, and where applicable, the closure plan;

(f) a description of any assumptions made, and any uncertainties or gaps in knowledge; (g) a description of any consultation process that was undertaken during the course of carrying out the environmental audit report; (h) a summary and copies of any comments that were received during any consultation process; and

[Para. (h) re-numbered by GN 326/2017] (i) any other information requested by the competent authority.

[Para. (i) re-numbered by GN 326/2017]




Appendix A2 – Paardeplaats Section Infrastructure Query Plan




Appendix A3 – WTP Waste Water Discharge Standards [Extracted from the Glisa

Section IWUL (04/B11B/ABCGIJ/2508)]




Appendix A4 – Paardeplaats Section Mining Right Portions [Extracted from the

Paardeplaats Section Mining Right (10090MR)]




Appendix A5 – Windeed Portion Diagrams, Portion 13 and Portion 24




Appendix B: Attendance Register




Appendix C: Presentation

11/03/2020

1

PAGE

NORTH BLOCK COMPLEX (PTY) LTD

Public Meeting – Draft IWUL & IWWMP Report

Belfast Golf Club, eMakhazeni

Thursday 20 February 2020

Integrated Water Use License Process for the Glisa Section

PAGE

Not an offer for securities

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Relevant law & relevant persons

The distribution of this document in jurisdictions outside ofAustralia may be restricted by law, and persons into whosepossession this document comes should inform themselvesabout, and observe, all such restrictions.

Information is a synopsis only

This document only contains a synopsis of information on theCompany and accordingly no reliance may be placed for anypurpose whatsoever on the sufficiency or completeness of suchinformation and to do so could potentially expose you to asignificant risk of losing all of the property invested by you orincurred by you of additional liability. The information presented inthis document is subject to change without notice.

Currency references

Financial amounts in this document are expressed in Australiandollars (A$), South African Rand, (R,) or US$ and shall mean thelawful currency of Australia, South Africa or the United States ofAmerica.

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Forward looking statements

This document contains ‘forward looking statements’ includingwith regard to production and financial projections (which involvesubjective judgment and analysis). Forward looking statementsare subject to significant uncertainties, risks, and contingencies,many of which are outside the control of, and are unknown to theCompany. In particular, these forward looking statements aremade only as of the date of this document, they assume thesuccess of the Company’s business strategies, and are subject tobusiness, competitive and economic uncertainties and risks. Norepresentation, warranty or assurance (express or implied) isgiven or made in relation to any forward looking statement by anyperson (including the Company). In particular, no representation,warranty or assurance (express or implied) is given in relation toany underlying assumption or that any forward looking statementwill be achieved. Actual future events may vary materially fromthe forward looking statements and the assumptions on whichthe forward looking statements are based. Given theseuncertainties, recipients are cautioned to not place unduereliance on such forward looking statements. Subject to anycontinuing obligations under applicable law or any relevant listingrules of the ASX, the Company disclaims any obligation orundertaking to disseminate any updates or revisions to anyforward looking statements in this document to reflect anychange in expectations in relation to any forward lookingstatements or any change in events, conditions or circumstanceson which any such statement is based. Nothing in this documentshall under any circumstances create an implication that therehas been no change in the affairs of the Company since the dateof this Presentation.

Disclaimer

Although reasonable care has been taken to ensure that thefacts stated in this document are accurate and that the opinionsexpressed are fair and reasonable, no representation or warranty,express or implied, is made as to the fairness, accuracy,completeness or correctness of the information and opinionscontained in this document and no reliance should be placed onsuch information or opinions. None of the Company or any oftheir respective members, directors, officers or employees norany other person accepts any liability whatsoever for any loss,however arising, from any use of such information or opinions(save in respect of fraud). No reliance should be placed on theinformation and no representation or warranty (express orimplied) is made by the Company, or any of their respectivedirectors or employees or any other person, and save in respectof fraud, no liability whatsoever is accepted by such person inrelation thereto.

Competent Person statement

The information in this presentation that relates to ExplorationResults, Minerals Resources or Ore Reserves relating to theKangala, NCC, Roodekop, Brakfontein, Arnot South, Eloff andBerenice Projects is based on information summarised by MrJaco Malan, who is a registered natural scientist and a memberof the South African Council for Natural Scientific Professions. MrMalan is employed by Universal Coal plc and has sufficientexperience which is relevant to the style of mineralisation and thetype of deposit under consideration and to the activity which he isundertaking to qualify as a Competent Person as defined in the2012 edition of the Australasian Code for Reporting ofExploration Results, Coal Resources and Ore Reserves. MrMalan consents to the inclusion in this presentation of thisinformation in the form and context in which it appears.

DISCLAIMER

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MEETING PROTOCOLS

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LIST OF CONTENTS

• Applicant and Environmental Assessment Practitioners

• Introduction and Background

• Glisa Section Integrated Water Use License – Current

• Glisa Section Integrated Water Use License – New Application

• Stakeholder Engagement Process

• Specialist Assessments• Wetlands and Biomonitoring• Surface Water and Water Balance• Stormwater Management Plan• Groundwater and Contaminant Transport Model

• Project Status

• Discussion

• Closing

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APPLICANT AND ENVIRONMENTAL ASSESSMENT PRACTITIONERS

APPLICANT: NORTH BLOCK COMPLEX (PTY) LTD (NBC)• Minah Moabi (Director Corporate Affairs Universal Coal Energy Holdings South Africa)

• Redwin Tshisudzungwane (Group Environmental Manager Universal Coal Energy Holdings South Africa)

• Nokuthula Cebekhulu (Environmental Manager NBC)

• Samaria Mango (Environmental Practitioner NBC)

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EAP: COMMODITY INSPECTIONS GROUP (PTY) LTD (CIGROUP)• Renee Janse van Rensburg (Environmental Compliance and Assessment Manager)

• Fatima Matlou (Environmental Advisor)

• Malebogo Mosepele (Environmental Advisor)

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INTRODUCTION AND BACKGROUND

NORTH BLOCK COMPLEX (PTY) LTD IS A SUBSIDIARY OF UNIVERSAL COALENERGY HOLDINGS SA (UCEHSA) WHICH IS OWNED BY UNIVERSAL COAL PLC.• Universal Coal acquired NBC which was previously owned by Exxaro Coal Mpumalanga

(Pty) Ltd in November 2018.

• NBC is located between the towns of Carolina and eMakhazeni (Belfast) in theMpumalanga Province.

• NBC consists of three mining sections each with their own Mining Right (MR):• Glisa Section: MP 30/5/1/2/1/236 MR• Paardeplaats Section: MP 30/5/1/2/2/10090 MR• Eerstelingsfontein Section: MP 30/5/1/2/2/19 MR (10068 MR)

• This Public Meeting relates to the Glisa Section and, by extension, the PaardeplaatsSection.

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GLISA SECTION• Glisa Section MR covers Portion 1, 2, 3, 4, 5, and 24 of the farm Paardeplaats 380 JT.

• Mining started in 1890 – underground mining methods.

• 2006 to present - opencast mining methods with underground pillars reclamation.

• Coal is crushed and screened at stationary plants whilst other coal products areprocessed at the main Crushing, Screening and Washing Plant (CSWP) located in theGlisa Section.

• Glisa Section infrastructure includes roads, offices, workshops, stockpiles, pipelines and aWater Treatment Plant (WTP).

• Due to the proximity of the Glisa and Paardeplaats Sections, all mineral processing andwaste disposal for the Paardeplaats Section was authorised to be undertaken at the GlisaSection.

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PAARDEPLAATS SECTION• Paardeplaats Section MR covers the Remaining Extent of Portion 13, Portion 28, 29, 30

and 40 of the farm Paardeplaats 380 JT, and the Remaining Extent and Portion 2 of thefarm Paardeplaats 425 JT.

• Greenfields project adjoining the Glisa Section.

• Opencast mining will be undertaken.

• Paardeplaats Section is aimed at supplying Run of Mine (RoM) coal to the Glisa Sectionfor processing at a rate of 4.2 – 4.4 million tons per annum (mtpa) and supply Eskom’spower stations at a rate of 2.4 mtpa.

• Infrastructure that was authorised includes haul roads, dewatering pipelines, a PollutionControl Dam (PCD), a pit dewatering dam, diesel storage and a temporary general wastestorage facility.

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GLISA SECTION INTEGRATED WATER USE LICENSE -CURRENT

CURRENT GLISA INTEGRATED WATER USE LICENSE (IWUL)

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PROPERTIES & WATER USES

PROPERTIES WATER USES

Integrated Water Use Licence (IWUL) No.: 04/B11B/ABCGIJ/2508

Paardeplaats 380JT, Ptn 1 21(a)Paardeplaats 380JT, Ptn 2 21(g)Paardeplaats 380JT, Ptn 3 21(g)Paardeplaats 380JT, Ptn 4 21(g), 21(j)Paardeplaats 380JT, Ptn 5 21(a), 21(b), 21(c), 21(i), 21(f)Paardeplaats 380JT, Ptn 24 21(a), 21(g)

EXPIRES ON 3 OCTOBER 2020

• Since the Glisa IWUL has already been extended once, a new IWUL application is requiredto re-license all approved water uses in order to ensure the continuation of coal stockpilingand processing at the Glisa Section, together with continued water management in theSection.

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GLISA SECTION INTEGRATED WATER USE LICENSE -CURRENT

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GLISA SECTION INTEGRATED WATER USE LICENSE –NEW APPLICATION

APPLICATION PROCESS• Undertaken in terms of the Section 41 of the National Water Act, 1998 (Act No. 36 of

1998) (NWA).

• Undertaken in terms of the Water Use Licence Application and Appeals Regulations, 2017(GNR 267), which prescribes the procedure and requirements for water use licenceapplications.

• Application via the Electronic Water Use Application and Authorisation System(eWULAAS):

• eWULAAS Reference No.: 27/2/2/B141/17/1.

• Competent Authority – Department of Human Settlements, Water and Sanitation(DHSWS), Lydenburg Office.

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NEW WATER USES APPLIED FOR

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PROPERTIES & WATER USES

PROPERTIES WATER USESPaardeplaats 380JT, Ptn 1 21(a)Paardeplaats 380JT, Ptn 2 21(g)Paardeplaats 380JT, Ptn 3 21(g)Paardeplaats 380JT, Ptn 4 21(g), 21(j)Paardeplaats 380JT, Ptn 5 21(a), 21(b), 21(c), 21(i), 21(f)Paardeplaats 380JT, Ptn 24 21(a), 21(g)

• Includes all previous water uses.

• Includes new Section 21(g) water uses:• A Pollution Control Dam (PCD) at the CSWP; and• Additional stormwater management infrastructure (i.e. diversion channels around the

CSWP, and the administrative, contractor and security offices).

• Stakeholder engagement and consultation is required as part of the IWUL ApplicationProcess.

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STAKEHOLDER ENGAGEMENT PROCESS

STAKEHOLDER ENGAGEMENT PROCESS• The Stakeholder Engagement Process (SEP) was initiated on 22 November 2019.

• Notifications undertaken to date include the following:• Project announcement and request to register as an Interested and Affected Party

(I&AP) via email, Short Message Service (SMS), placement of site notices, and anadvertisement in the Middleburg Observer (22 November 2019).

• Notification of the availability of the Draft Integrated Water Use License (IWUL) andIntegrated Water and Waste Management Plan (IWWMP) Technical Report for theGlisa Section for public review via email, SMS, placement of site notices, and anadvertisement in the Middleburg Observer (16 January 2020).

• Placement of the Draft IWUL and IWWMP Technical Report at the eMakhazeniPublic Library (16 January 2020).

• Notification of the availability of the Draft IWUL and IWWMP Technical Report fordownload from the CIGroup website (16 January 2020).

• Notification of a Public Meeting to discuss the Draft IWUL and IWWMP TechnicalReport via email and SMS (5 February 2020).

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PUBLIC MEETING

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SPECIALIST ASSESSMENTS

SPECIALIST ASSESSMENTS – EXISTING AND AVAILABLE INFORMATION USED• Wetland Delineation and Biomonitoring Assessment.

SPECIALIST ASSESSMENTS – NEW/UPDATED INFORMATION• Surface Water and Water Balance (WB).

• Stormwater Management Plan (SWMP).

• Groundwater and Hydrogeological Contaminant Transport Model.

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SPECIALIST ASSESSMENTS – WETLANDS AND BIOMONITORING

WETLANDS AND BIOMONITORING

• Seven (7) National Freshwater Ecosystem Priority Areas (NFEPA) project wetlands occurin the Glisa Section.

• Wetland delineation of the Glisa Section yields the following:

• ±14.18% or 127.6 hectares (ha) of the Glisa Section is considered to be wetland; and

• ±38.23 ha of the wetlands in the Glisa Section comprise dams (unrehabilitated minevoids).

• The Present Ecological State (PES) of the majority of the wetlands are largely modified(Category D) and moderately modified (Category C).

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SPECIALIST ASSESSMENTS – SURFACE WATER AND WATER BALANCE

SURFACE WATER• The Glisa and Paardeplaats Sections are located in a hilly area at an altitude of

approximately 1,855 - 1,920 metres above mean sea level (mamsl).

• Both sites are located in the B41A quaternary catchment of the Olifants WaterManagement Area.

• The main water resources near the site are the Grootspruit and Steelpoort rivers and afew non-perennial streams.

• The Mahim Dam is situated in the south western corner of the site and retains most of thesurface water that drains the area.

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WATER BALANCE• A Process Flow Diagram (PFD) was drafted to provide insight into all water flow

processes within the Glisa and Paardeplaats Sections.

• A consolidated Water Balance (WB) was produced incorporating the Glisa andPaardeplaats Sections.

• The PFD informed the WB, and two (2) scenarios were calculated, namely:

• High inflows; and

• Low inflows.

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HIGH INFLOWS LOW INFLOWSHigh recharge rate (22%) into backfilled areas Low recharge rate (10%) into backfilled areasExcess WB of 1,405 m3/day No excess WBDust suppression/re-use/WTP at maximum rate cannot use all excess water

Dust suppression/re-use/WTP can use all water from opencast pits

WTP release to environment of 154,950 m3/yr WTP release to environment of 57,854 m3/yr

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SPECIALIST ASSESSMENTS – STORMWATER MANAGEMENT PLAN

STORMWATER MANAGEMENT PLAN• Upgrading of clean and dirty water separation infrastructure required at the Glisa Section.

• A new silt trap and PCD is also required at the CSWP .

• All infrastructure will be designed, managed and operated in terms of The Regulations onUse of Water for Mining and Related Activities Aimed at The Protection of WaterResources (GN 704).

• Clean water – diverted to natural watercourse downstream of NBC.

• Dirty water – diverted via channels to new silt trap and PCD at the CSWP.

• No river and/or stream crossings are required.

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STORMWATER MANAGEMENT PLAN• Coal Stockpile Platforms, RoM Pad and PCD at CSWP:

• Classified as Type-3 waste; and

• Require Class C barrier/liner.

• PCD:

• Designed to contain 1:50 year, 24-hour storm event; and

• Dam not classified as a dam with a safety risk.

• A new silt trap and PCD is also required at the CSWP .

• Silt Trap:

• At inlet to PCD; and

• Sized to remove suspended particles ≥ 0.2 mm.

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SPECIALIST ASSESSMENTS – GROUNDWATER AND CONTAMINANT TRANSPORT MODEL

GROUNDWATER• Glisa and Paardeplaats Sections underlain by an intergranular and fractured aquifer.

• Classified as a minor aquifer which is moderately vulnerable.

• Objectives of the Model were to assess the following:

• The operational and the post-closure phase impacts;

• Impacts on groundwater levels and quality in the aquifer due to mining;

• Impact on potential groundwater and surface water receptors as a result of mining;

• Potential contaminant plumes that could emanate from the mining areas; and

• The potential for mine water decant from the workings.

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GROUNDWATER LEVEL DRAWDOWN• Model assumes:

• Opencast pits at the Glisa Section have been backfilled and rehabilitated; and

• Active mining and dewatering at the Paardeplaats Section.

• During Paardeplaats Section operational phase main impact on groundwater environmentwill be dewatering.

• Simulated extent of drawdown extends 100 – 600 m from active mining area.

• Deductions made from model:

• The water levels will be lowered during mining but recover once dewatering ceases;and

• Some privately owned boreholes are likely to be impacted by the drawdown.

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CONTAMINANT TRANSPORT MODEL• Sulphate (SO4

2-) is a representative indicator of the impact of coal mining on groundwaterquality.

• SO42- was used as the input parameter model with contaminant plume outputs at 50- and

100-years post closure.

• Model assumes:

• Opencast pits at the Glisa and Paardeplaats Sections have been backfilled andrehabilitated; and

• All infrastructure and surface contaminant sources (i.e. plant areas, dams, andstockpiles) at the Glisa and Paardeplaats Sections have been rehabilitated.

• Predictions represent worst-case scenario.

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MINE WATER DECANT• Decanting occurs when the mine water level in the rehabilitated and backfilled workings

rebound to a level above the topographic elevation, resulting in mine water dischargingonto surface.

• Decant takes place at the lowest topographic level that intersects the groundwater flowpath and/or opencast.

• Some mining areas will decant sooner than others.

• Decant expected to continue from operational phase into closure phase.

• Decant not predicted to be acidic but will contain high salt content with SO42- the main

constituent of concern.

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PROJECT STATUS

IWUL PROCESS• Draft IWUL and IWWMP Technical Report:

• 60-day public comment period ends on 16 March 2020.• All comments on the report will be assessed and incorporated where applicable in

the Final IWUL and IWWMP Technical Report.• Final IWUL and IWWMP Technical Report and supporting documentation will be

submitted to the DHSWS.

SECTION 102 APPLICATION AND ENVIRONMENTAL AUTHORISATION PROCESS• Planned to be initiated in the 1st quarter of 2020:

• Full Scoping and Environmental Impact Reporting process required.• Authority and Stakeholder Engagement and Consultation will be on-going.

• For new listed activities only.

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DISCUSSION SESSION PROTOCOLS

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Contacts

Renee Janse van RensburgEnvironmental Assessment Practitioner

Main: +27 10 592 1080

Email: [email protected]

CLOSING

THANK YOU FOR YOUR ATTENDANCE!

NBC AND CIGROUP THANK YOU FOR YOUR PARTICIPATION IN THIS MEETING.

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Appendix D: Comments on Draft Minutes Received from I&APs

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CIGroup Stakeholder EngagementFrom: Annatjie Burke <[email protected]>Sent: Thursday, 19 March 2020 06:34To: CIGroup Stakeholder EngagementCc: 'Elise Tempelhoff'; Zainab Adams; [email protected]; [email protected]; [email protected]; Peter Arderne;

[email protected]; Dr Jennifer Balatedi Molwantwa; [email protected]; [email protected]; [email protected]; Frans Krige; [email protected]; [email protected]; [email protected]

Subject: FW: CLOSURE OF PUBLIC REVIEW PERIOD FOR THE DRAFT IWUL & IWWMP TECHNICAL REPORT

Good day Renee Thank you for clarifying the matter – I was under the impression that the application for the Glisa Section IWUL and IWWMP and the Public Participation meeting on 20 February 2020 were treated as one matter as the main theme on the Public Participation meeting was the IWUL and IWWMP application. My email –sent 17 March 2020‐ comments on the Public Participation meeting and deals directly with the issues I raised there‐https://www.dropbox.com/transfer/AAAAAMpP34dNTwOH2JzulYr_9m_bKuD6FQxAsYQjKRvgWlc‐AvKlfxc. As such it must be included in the document containing the comments of Interested and Affected Parties (I&AP’s) on the transcription of the day’s proceedings. It was submitted before the deadline of Wednesday 18 March 2020 and its inclusion will ensure a fair and transparent execution of the Public Participation Process. Regards Annatjie Burke SAFCEI

From: CIGroup Stakeholder Engagement [mailto:[email protected]] Sent: Wednesday, March 18, 2020 9:38 AM To: Annatjie Burke Cc: 'Elise Tempelhoff'; Zainab Adams; [email protected]; [email protected]; [email protected]; Peter Arderne; [email protected]; Dr Jennifer Balatedi Molwantwa; [email protected]; [email protected]; [email protected]; Frans Krige; [email protected]; [email protected]; [email protected] Subject: RE: CLOSURE OF PUBLIC REVIEW PERIOD FOR THE DRAFT IWUL & IWWMP TECHNICAL REPORT Hi Annatjie, The closure for comments on the Glisa Section Draft IWUL & IWWMP Technical Report was 16 March 2020 as can be seen in the original email below, highlighted in yellow. Unfortunately, you have missed the date to provide comments on the Draft IWUL & IWWMP Technical Report. The closure for comments on the Public Meeting Minutes is 18 March 2020 so you still have until the end of today to submit your comments on the minutes. Kindly find my response to the points contained in your email below in red text. Regards, Renee

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From: Annatjie Burke <[email protected]> Sent: Tuesday, 17 March 2020 22:55 To: CIGroup Stakeholder Engagement <[email protected]> Cc: 'Elise Tempelhoff' <[email protected]>; Zainab Adams <[email protected]>; [email protected]; [email protected]; [email protected]; Peter Arderne <[email protected]>; [email protected]; Dr Jennifer Balatedi Molwantwa <[email protected]>; [email protected]; [email protected]; [email protected]; Frans Krige <[email protected]>; [email protected]; [email protected]; [email protected] Subject: FW: CLOSURE OF PUBLIC REVIEW PERIOD FOR THE DRAFT IWUL & IWWMP TECHNICAL REPORT Paardeplaats Good evening Renee Please note that the closing date for comments is Wednesday 18 March 2020 according to the email sent to me (attached) and not 16 March 2020. Please find my comments below to be incorporated in the final report:

I made a comment re the existing Water Use License (WUL 06/B41A/CGIJ/8880) that was omitted in the transcription of the Public Participation Meeting (20 February 2020)‐please find attached. In my comment I quoted Table 5 (p15) of Appendix 111: “Table 5: water quality limits Parameters Limits pH 5.5‐9.5” Such a wide range of permissible pH values is unacceptable. Both the lower acidic values and higher alkaline values are toxic. The water in the area test at about 7.3 within a narrow range. Acidic water dissolves heavy metals and will lead to toxic heavy metal poisoning of the environment and people. Not applicable to the Glisa Section IWUL & IWWMP Technical Report. Public Meeting Minutes will be updated to reflect the reference to parameters in the Paardeplaats IWUL.

I want a copy of the2014 NEMA regulations (as amended in 20170) and an explanation on how these regulations could be applied to use the lapsed Environmental Authorisation (EA lapsed in 2016) and EMP (2013) in the mine’s current planned operations. The EMP and EA state a Sensitivity Approach – that is mining on Portion 30 only – but the mine indicated that they planned to mine out portion 30,28,29 and 40. I want the mines comments on a lay‐out map that is available on the internet (attached) and indicates a mine dump and pollution control dam on portions 28 and 29 as this is a violation of the EA and EMP. Not applicable to the Glisa Section IWUL & IWWMP Technical Report. NEMA 2014 Regulations, as amended in 2017, will be provided with the Final Public Meeting Minutes. Comment on layout map to be provided with the Final Public Meeting Minutes.

The EA(2013) requires the formation of a Management Committee with relevant stakeholders (DMR, DWA, MTP ,Mpumalanga Wetland Forum etc.) with regards to the best possible method to do the prescribed 5:1 wetland offset. A biodiversity offset area (protected area) was to be proclaimed through a legally binding process. Nothing apparently happened. We want a written response from the mining company as to what is being done in this regard as well as copies of the relevant legislation in this regard – as was discussed during the meeting. Clear time frames is required, or this process can be postponed indefinitely. Not applicable to the Glisa Section IWUL & IWWMP Technical Report. 2013 EA lapsed therefore all conditions contained in the lapsed EA are not applicable. NBC has been requested to provide feedback on the offset areas.

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As per BirdLife South Africa’s email I want to stress that it is illegal to mine out irreplaceable Critical Biodiversity Areas (CBA’s) as you cannot offset them. This will likely be a fatal flaw in the application process. Not applicable to the Glisa Section IWUL & IWWMP Technical Report. Paardeplaats Section application processes completed, and approval received to mine the CBAs within the Paardeplaats Section.

I request a technical report on the Reverse Osmosis Plant’s specs ( specifically it’s handling capacity) and the results of the water quality tests on the treated water. A proof of upfront financial provision to operate the Reverse Osmosis Plant post mine closure is needed. WTP information will be provided with the Final Public Meeting Minutes. Proof of financial provision payments cannot be addressed by the EAP. Kindly submit request directly to NBC and/or DMRE.

Me Janse van Rensburg stated that the Groundwater Report was done assuming that Glisa mine was rehabilitated and Paardeplaats mine was operational (listen to the attached recording of the meeting as per dropbox: https://www.dropbox.com/transfer/AAAAAMpP34dNTwOH2JzulYr_9m_bKuD6FQxAsYQjKRvgWlc‐AvKlfxc. If there is not a clear time frame for rehabilitation the Groundwater Report is thus not worth the paper it is printed on. Rehabilitation of Glisa was indicated as being between 18 months to 3 years.

Rezoning was only done for Paardeplaats 380JT portion 30, and not for the other portions. This process was initiated and completed in 2019, using the EA that lapsed in 2016 as base document. Please explain and give an indication as to when an application for the other portions will be done. Not applicable to the Glisa Section IWUL & IWWMP Technical Report. The rezoning application is undertaken by NBC and not the EAP. Kindly submit request directly to NBC.

Can the mining company give the Paardeplaats community an indication what their resettlement will entail? Not applicable to the Glisa Section IWUL & IWWMP Technical Report. NBC is engaging with the communities that require resettlement as part of a separate Resettlement Process.

Please keep us updated on all new applications as well as Public participation Meetings. Kind Regards Annatjie Burke SAFCEI

From: CIGroup Stakeholder Engagement [mailto:[email protected]] Sent: Tuesday, March 17, 2020 9:40 AM To: CIGroup Stakeholder Engagement Subject: CLOSURE OF PUBLIC REVIEW PERIOD FOR THE DRAFT IWUL & IWWMP TECHNICAL REPORT Importance: High Dear Sir/Madam,

CLOSURE OF PUBLIC REVIEW PERIOD You are hereby notified that the public review period for the Draft IWUL & IWWMP Technical Report is closed. All comments received by midnight last night (16 March 2020) will be included and addressed in the final report, where applicable. Thank you for your time and input in reviewing the Draft IWUL & IWWMP Technical Report. All your comments are greatly appreciated.

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Regards, Renee

From: CIGroup Stakeholder Engagement Sent: Thursday, 16 January 2020 11:12 To: CIGroup Stakeholder Engagement <[email protected]> Subject: 19.0001 ‐ NOTIFICATION OF THE AVAILABILITY OF THE DRAFT IWUL & IWWMP TECHNICAL REPORT FOR PUBLIC REVIEW Importance: High Dear Sir/Madam,

NOTIFICATION OF THE AVAILABILITY OF THE DRAFT IWUL & IWWMP TECHNICAL REPORT FOR PUBLIC REVIEW You are receiving this email because you have either registered as an Interested and Affected Party (I&AP) or have been identified as a potential I&AP in relation to the North Block Complex (Pty) Ltd Glisa Section and Paardeplaats Section Consolidation Project. Notice is hereby given in terms Chapter 4, Section 41(4) of the National Water Act, 1998 (Act No. 36 of 1998) (NWA) of the Integrated Water Use License (IWUL) application process being undertaken in terms of the Water Use License Application and Appeal Regulations, 2017 (GNR 267) for the NBC Glisa Section. NBC wish to consolidate two existing coal mining rights for the Glisa (MP 30/5/1/2/1/236 MR) and the Paardeplaats Sections (MP 30/5/1/2/2/10090 MR). Due to the proximity of the two Sections, all mineral processing and waste disposal for the Paardeplaats Section was authorised to be undertaken at the Glisa Section. Both Sections have been issued an IWUL. The Glisa Section IWUL (04/B11B/ABCGIJ/2508) is due to expire on 3 October 2020, whereas the Paardeplaats Section IWUL (06/B41A/CGIJ/8880) is valid until 21 February 2039. Since the Glisa IWUL has already been extended, a new IWUL application for all existing water uses at the Glisa Section is required to ensure the continued operation of the Glisa Section water uses, in support of the Paardeplaats Section mining requirements. NBC therefore applied to the Department of Human Settlements, Water and Sanitation (DHSWS) in October 2019 (27/2/2/B141/17/1) for a new IWUL, with its associated Integrated Water and Waste Management Plan (IWWMP) ,for various NWA Section 21 water uses. The water uses applied for include:

Section 21(a): taking water from a water resource [x 2];

Section 21(b): storing water [x 1];

Section 21(c) & 21(i): impeding or diverting the flow of water in a watercourse and altering the bed, banks, course or characteristics of a watercourse [x 6];

Section 21(f): discharging waste or water containing waste into a water resource through a pipe, canal, sewer, sea outfall or other conduit [x 1];

Section 21(g): disposing of waste in a manner which may detrimentally impact on a water resource [x 65]; and

Section 21(j): removing, discharging or disposing of water found underground if it is necessary for the efficient continuation of an activity or for the safety of people [x 3].

This email serves to notify all registered I&APs that the Draft IWUL & IWWMP Technical Report is available for a sixty (60) day public review period effective 17 January 2020. All comments must be sent to CIGroup by email

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([email protected]) by no later than 16 March 2020. The Draft IWUL & IWWMP Technical Report is available for review at the Belfast Public Library or via download from the CIGroup website (https://cigroup.za.com/public‐documents/). Kindly note that a public meeting, which will be open to all members of the public, to discuss the Draft IWUL & IWWMP Technical Report will be scheduled for February 2020. All registered I&APs will be invited directly once the venue and a meeting date have been secured. The public meeting will provide all parties further opportunity to raise any issues/concerns or to submit suggestions about the IWUL licensing process. For your reference, a Background Information Document (BID) detailing the various environmental licensing processes that will be undertaken is provided herewith. If you would like to register as an I&AP, please complete the attached I&AP Registration and Comment Form and return it via email. Should you be aware of any other person or organisation that may be affected or interested in this process you are invited to send them the registration form, or to provide me with their contact details directly. Thank you for taking the time to review the information attached and I look forward to engaging with you further. Regards, Renee

Documents

MINUTES OF PUBLIC MEETING