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Minister Edna Molewa gives notice of the gazetting of the fee regulations for implementation in the consideration and processing of applications in terms of chapter 5 of NEMA and NEMWA

28 February 2014

The Minister of Water and Environmental Affairs, Ms Edna Molewa today, 28 February 2014 gazetted fee regulations for implementation under sections 24(5)(c)(i), 24(5)(j) and 44 of the National Environmental Management Act, 1998 (Act No. 107 of 1998)(NEMA), and sections 45(2), 52(4)(a), 55(3)(a) and 69(1)(dd), read with section 73 of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)(NEM:WA) respectively, for the consideration and processing of applications in terms of chapter 5 of NEMA and NEMWA. The said Regulations were published in Gazette no. 37383 and have a date of implementation of 1 April 2014.

In November 2011, the Department published, for public comment, the draft fee regulations for environmental authorisations and waste management licences in Government Gazette No. 34734. Amendments were made to the fee regulations based on comments received. The fee regulations were gazetted for a final round of comment on 18 May 2012 in Government Gazette No 35337. Further comments were received and the regulations were amended accordingly. Presently, government is carrying all costs related to applications for environmental authorisations and waste management licences. It was decided that a fee be attached to applications in order to recover basic administration costs of processing an application such as the cost of site visits, inspections and document production.

The purpose of the regulations is to prescribe the fee to be paid for the consideration and processing of an application for an environmental authorisation or waste management license, an amendment of an environmental authorisation as well as the transfer or renewal of a waste management license. The regulations will not apply to applications for community based projects funded by a government grant or applications made by an organ of state.

When an application is withdrawn or an application has lapsed, the fee will not be refunded. If a decision is taken after completion of the basic assessment process that scoping and an environmental impact assessment is required in order for the competent authority to make a decision, the difference in fee will need to be paid by the applicant within 30 days of such decision.

In the event that an integrated application is made triggering both listed activities/specified activities in terms of NEMA and NEMWA, applicants will pay 100% for the more expensive application and 50% for the second application. This discount applies only where the same competent authority deals with both applications. Where two separate competent authorities deal with these applications, both applications will be subject to the payment of the full fee. This discount is based on the fact that the administrative burden on a competent authority is significantly reduced where applications are combined.

The prescribed fees will be as follows:

 

Application in terms of NEMA Fee
Applications for an environmental authorisation for which a basic assessment is required R2 000
Application for an environmental authorisation for which S&EIR is  required R10 000
Where applications for an environmental authorisation and a waste management licence must be submitted for the same development proposal, in terms of both the National Environmental Management Act, 1998 and the National Environmental Management: Waste Act, 2008, and the same competent authority deals with both  applications (Applications dealt with in terms of section 24L of the NEMA)
  1. 100% of the most expensive application, namely R10 000 if a S&EIR is triggered. R2000 if a basic assessment is triggered
  2. 50% of the other application, namely R5000 if a S&EIR is triggered. R1000 if a basic assessment is triggered.
Amendment of an environmental authorisation on application by the holder of an environmental authorisation R2 000

 

The prescribed fees for waste management licences will be follows:

 

Application in terms of NEMWA Fee
Application for a waste management licence for which a basic assessment is required R2000
Application for a waste management licence, for which a S&EIR is required R10 000
Where applications for an environmental authorisation and a waste management licence must be submitted for the same development proposal, in terms of both the National Environmental Management Act, 1998 and the National Environmental Management: Waste Act, 2008, and the same competent authority deals with both  applications (Applications dealt with in terms of section 24L of the NEMA)
  1. 100% of the most expensive application, namely R10 000 if a S&EIR is triggered and R2000 if a basic assessment is triggered
  2. 50% of the other application, namely R5000 if a S&EIR is triggered and R1000 if a basic assessment is triggered
Application for a transfer of a waste management licence in terms of section 52(2) or for the renewal of a waste management licence in terms of section 55(2) of the Act. R2 000

 

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