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Semester 2 2026 - DUE 24
August 2026
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,Legal Mandate for Environmental Authorisation and Purpose of an EIA
Requirement for Environmental Authorisation (EA)
Under Section 24 of the National Environmental Management Act 107 of 1998 (NEMA), activities that
significantly impact the environment are prohibited without an Environmental Authorisation. The
proposed components by Green Horizon Developments (Pty) Ltd trigger multiple thresholds across the
NEMA Environmental Impact Assessment (EIA) Regulations Listing Notices:
Fuel Station & Bulk Chemical Storage: Triggers Listing Notice 1 (Basic Assessment) or Listing
Notice 2 (Scoping and EIA) based on total storage capacity thresholds for dangerous goods.
Waste Disposal Site: Triggers Listing Notice 2 (Activity 15) or specialized schedules under the
National Environmental Management: Waste Act 59 of 2008 for the establishment of waste
facilities.
Access Roads and Parking Infrastructure: Triggers Listing Notice 1 or Listing Notice 3 based on
road width and geographical location.
Proximity to a Wetland: Listing Notice 1 (Activity 12/19) and Listing Notice 3 explicitly mandate
authorization for transforming or shifting earth within 32 meters of a watercourse or wetland
boundary, or inside critical biodiversity areas in Limpopo.
Purpose of Conducting an EIA
The primary objective of an EIA is to operationalize integrated environmental management by ensuring
impacts are anticipated and mitigated before infrastructure commitments occur.
[Screening & Scoping] ➔ [Impact Assessment & Public Participation] ➔ [Drafting EMPr] ➔ [Competent
Authority Decision]
Proactive Mitigation: Identifies potential ecosystem degradation early, applying the mitigation
hierarchy: avoid, minimize, remedy, or offset.
Informed Decision-Making: Equips the Competent Authority with objective, scientific data
regarding environmental trade-offs.
Environmental Management Programme (EMPr): Translates predicted impacts into legally
binding operational conditions for construction and management.
Sustainable Development, Pollution Prevention, and Biodiversity Protection
Section 2 of NEMA establishes the National Environmental Management Principles. These serve as the
binding framework for all administrative decisions executed by the Competent Authority:
NEMA Principle Statutory Focus Application to Wetland Development
, Integration of social, The economic benefits of a shopping centre cannot
Sustainable
economic, and be prioritized at the complete expense of ecological
Development (Sec
environmental factors into infrastructure. Development must meet current
2(4)(a))
planning. needs without compromising future water security.
Pollution Prevention The "Polluter Pays" Mandates strict storm-water management structures
& Degradation (Sec principle and preventative and fuel tank liners to prevent hydrocarbon seepage
2(4)(p)) design over remediation. into the subterranean water table.
Protection of Safeguarding sensitive Requires preserving the wetland's natural flora and
Biodiversity (Sec ecosystems from fauna. If the habitat cannot be protected, the
2(4)(a)(i)) irreversible disturbance. application should be denied.
Duties, Independence, and Disclosure Obligations of the EAP
An Environmental Assessment Practitioner (EAP) occupies a statutory position governed by Regulation
13 of the NEMA EIA Regulations. The legal architecture demands absolute independence from the
applicant:
Independence and Objectivity: Regulation 13(1)(a) requires EAPs to be independent of the
applicant and have no business or financial interest in the approval of the development beyond
fair remuneration for work performed.
Duty of Full Disclosure: EAPs must disclose all material information in their possession to both
the interested and affected parties (I&APs) and the Competent Authority. This includes
unfavorable scientific findings or community pushback.
Consequences of Non-Compliance: Disregarding these duties, such as intentionally omitting
public objections, constitutes a criminal offense under Regulation 48 of the EIA Regulations. It
may result in the suspension of the application, disqualification of the EAP, or a fine and
imprisonment.
Public Participation Defects and Administrative Validity
Effect of Omitting Public Participation on the Application
Section 33 of the Constitution guarantees everyone the right to administrative action that is lawful,
reasonable, and procedurally fair. Public participation is a mandatory condition precedent for a valid
Environmental Authorisation under Section 24(4)(a)(v) of NEMA.
By failing to incorporate the local community's objections regarding wetland pollution and habitat
destruction, Ms. Dube compromised the integrity of the report. The Competent Authority issued a
decision based on incomplete and legally flawed information. Consequently, the granted Environmental
Authorisation is procedurally unfair and stands as an unlawful administrative action that can be set
aside.