A summary for EAPs on the recent changes to the NEMA 2014 EIA Regulations and Listing Notices

24th August 2017

A summary for EAPs on the recent changes to the NEMA 2014 EIA Regulations and Listing Notices

On 3 April 2017, a slew of amendments to the National Environmental Management Act 107 of 1998 (“NEMA”) 2014 Environmental Impact Assessment (“EIA”) Regulations and Listing Notices came into effect. In this article, we set out some of the more significant amendments.

Amendments to the EIA Regulations

By way of background, the EIA Regulations, as the name suggests, regulates environmental impact assessments which need to be undertaken in order to obtain an environmental authorisation (“EA”) so as to then lawfully commence with certain environmentally impactful activities, such as the construction of a mine or large development. 

General amendments

Environmental management programmes (“EMPrs”)

EA amendment applications

Transitional arrangements

Appendices to the EIA Regulations

Amendments to the Listing Notices

By way of background, the Listing Notices comprise of three lists of environmentally impactful activities for which an EA must be obtained. Listing Notice 1 sets outs “less impactful activities” and prescribes a basic assessment process. Listing Notice 2 sets out “more impactful activities” which requires that a scoping process and an environmental impact assessment process be undertaken. Listing Notice 3 sets out activities vis-à-vis geographical areas, and provides for the basic assessment process where an activity falls within a geographically sensitive area, such as a development within a protected area.

Key definitions

Energy activities

Dams and other structures (canals, bridges, marinas, jetties, boardwalks etc.)

Sea, seabed and watercourse developments


Railway line reserve exclusion

Road developments

Residential, mixed, retail, commercial, industrial or institutional developments

Petroleum and mining activities

Phased activities

Deleted listed activities

Submitted by Warburton Attorneys Associate Peggy Schoeman