The Minister of Water and Environmental Affairs, Ms Edna Molewa published for public comment under sections 24(5)(c) and 44, respectively, of the National Environmental Management Act, 1998 (Act No. 107 of 1998), and sections 45(2), 52(4)(a), 55(3)(a) and 69(1)(dd), respectively, of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) the fee structure for consideration and processing of applications for environmental authorisations and waste management licences, in Notices 395 and 396 of Gazette No 35337 of 18 May 2012. These fees are proposed to be implemented in July 2012.
In November 2011, the department published for public comment the draft fee structure for environmental authorisations and waste management licences in Gazette No 34734. Amendments were made to the fee regulations based on comments received and are being gazetted for a final round of comment. Presently, the government is covering 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.
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, renewal or variation of a waste management license. The regulations exclude applications for wetland rehabilitation, community based projects funded by a government grant and applications made by an organ of state.
When an application is withdrawn or the application has lapsed, the fee will not be refunded. Furthermore, when an application for an environmental authorisation for which a basic assessment is required is lodged and it later transpires that the application requires scoping and an environmental impact assessment, the balance of the fee must be paid before the reports will be considered.
The prescribed fees for environmental authorisations are proposed as follows:
|
ENVIRONMENTAL AUTHORISATION APPLIED FOR |
FEE |
|
Applications for an environmental authorisation for which abasic assessment report is required |
R2000 |
|
Application for an environmental authorisation for which a scoping and an environmental impact assessment reports are 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 it has the same competent authority for the applications |
(a)100% of the most expensive application, namely R10 000 if the scoping and environmental impact assessment reports are triggered. R2000 if the basic assessment is triggered (b)50% of the other application, namely R5000 if the scoping and environmental impact assessment reports are triggered. R1000 if the basic assessment is triggered. |
|
Amendment of an environmental authorisation |
R2000 |
The prescribed fees for waste management licences are proposed as follows:
|
WASTE MANAGEMENT LICENSE APPLIED FOR |
FEE |
|
Applications for a waste management licence for which a basic assessment report is required |
R2000 |
|
Application for a waste management licence, for which a scoping and an environmental impact assessment reports are 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 is the competent authority for the applications |
(a) 100% of the most expensive application, namely R10 000 if the scoping and environmental impact assessment reports are triggered and R2 000 if the basic assessment report is triggered; (b) 50% of the other application, namely, R5 000 if the scoping and environmental impact assessment reports are triggered or R1 000 if the basic assessment is triggered |
|
Application for a transfer of a waste management licence in terms of section 52(2) or for the renewal or variation of a waste management licence in terms of section 55(2) of the Act. |
R2000 |
Interested and affected parties are invited to submit written comments to the Minister within 30 days of publication of the notice in the Gazette. Written comments or inputs can be delivered by hand, mail, email or telefax transmission.
By post to:
The Director-General: Environmental Affairs
Attention: Mr N Nkotsoe
Private Bag X447
Pretoria, 0001
By fax to: (012) 320 1781, and by email to nnkotsoe@environment.gov.za
Hand delivered at: 315 Pretorius Street, corner Pretorius and Van Der Walt streets, Fedsure Forum
Building, 2nd Floor, North Tower
Enquiries: Mr N Nkotsoe (012) 395 1689
Comments received after the closing date may not be considered.
To access the gazette notices, click on the links below
For the gazette on waste management licence fees
http://www.environment.gov.za//PolLeg/GenPolicy/2012May21/nemwa_wastemanagement_feestructure.pdf
For the gazette on environmental authorisation licence fees
http://www.environment.gov.za//PolLeg/GenPolicy/2012May21_1/nema_environmentalauthorisations_feestructure.pdf
Enquiries:
Albi Modise
Cell: 083 490 2871
