namibia eia regulations. march 2016... · web viewdefinitions in this notice, a word or expression...

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GOVERNMENT NOTICE

MINISTRY OF ENVIRONMENT AND TOURISM

No. 2016

ENVIRONMENTAL IMPACT ASSESSMENT (EIA) REGULATIONS

ENVIRONMENTAL MANAGEMENT ACT, 2007, as amended

Under section 56 of the Environmental Management Act, 2007 (Act No. 7 of 2007), I make

the regulations set out in the Schedule.

Minister of Environment and Tourism Windhoek, 2016

MINISTRY OF ENVIRONMENT AND TOURISM

No. XXX 2016

LIST OF ACTIVITIES THAT MAY NOT BE UNDERTAKEN WITHOUT ENVIRONMENTAL CLEARANCE CERTIFICATE: ENVIRONMENTAL MANAGEMENT ACT, 2007

Under section 82 of the Environmental Management Act, 2007 (Act No. 7 of 2007)

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SCHEDULE ARRANGEMENTS OF THE EIA REGULATIONS

PART I: PRELIMINARY..................................................................................................................................4

1. DEFINITIONS...............................................................................................................................................42. PURPOSE AND APPLICATION OF REGULATIONS.........................................................................................113. IDENTIFICATION OF COMPETENT AUTHORITY...........................................................................................114. ROLES OF COMPETENT AUTHORITY..........................................................................................................125. CONSULTATION BETWEEN COMPETENT AUTHORITY AND ENVIRONMENTAL COMMISSIONER..................136. COMPETENT AUTHORITIES’ RIGHT OF ACCESS TO INFORMATION.............................................................137. TIMING FOR ENVIRONMENTAL ASSESSMENT IMPLEMENTATION AND DUTIES OF A PROPONENT..............148. GENERAL REQUIREMENTS FOR EAPS.......................................................................................................15

PART 2: SCREENING OF CATEGORY A OR B PROJECT ACTIVITIES AND EXCEPTIONS.......16

9. DETERMINING IF A PROPOSED PROJECT IS A CATEGORY A LISTED ACTIVITY..........................................1610. DETERMINING IF A PROPOSED PROJECT IS A CATEGORY B LISTED ACTIVITY..........................................1711. PROCEDURE FOR PROJECT ACTIVITIES NOT LISTED IN CATEGORY A, CATEGORY B AND CATEGORY C.17

PART 3: PUBLIC CONSULTATIONS FOR CATEGORY A AND B LISTED ACTIVITIES...............19

12. PUBLIC CONSULTATION............................................................................................................................1913. CONSIDERATIONS FOR PUBLIC CONSULTATION PROCESS.........................................................................1914. REGISTRATION OF STAKEHOLDERS...........................................................................................................2115. REGISTERED STAKEHOLDERS....................................................................................................................2116. COMMENTS OF STAKEHOLDER TO BE RECORDED.....................................................................................2217. PUBLIC NOTICES FOR APPLICATION OF ENVIRONMENTAL CERTIFICATE...................................................22

PART 4: ASSESSMENT PROCESS FOR LISTED PROJECT ACTIVITIES..........................................24

18. DRAFT ENVIRONMENTAL SCOPING REPORT FOR CATEGORY A LISTED PROJECT ACTIVITIES WITH TERMS OF REFERENCE..........................................................................................................................................24

19. NOTIFICATION FOR CATEGORY A LISTED PROJECT ACTIVITIES REGISTRATION AND PUBLIC CONSULTATION PROCESS..........................................................................................................................24

20. PREPARATION OF DRAFT ENVIRONMENTAL IMPACT ASSESSMENT REPORT (EIA) CATEGORY A LISTED PROJECT ACTIVITIES..................................................................................................................................25

21. PREPARATION OF THE DRAFT ENVIRONMENTAL MANAGEMENT PLAN REPORT (EMP) FOR CATEGORY A LISTED PROJECT ACTIVITIES......................................................................................................................26

22. PREPARATION OF THE FINAL ENVIRONMENTAL SCOPING REPORT FOR CATEGORY A LISTED PROJECT ACTIVITIES................................................................................................................................................27

23. PUBLIC CONSULTATIONS FOR FINAL SCOPING, DRAFT EIA AND DRAFT EMP REPORTS FOR CATEGORY A LISTED PROJECT ACTIVITIES......................................................................................................................28

24. APPLICATION FOR ENVIRONMENTAL CLEARANCE CERTIFICATE (SUBMISSION OF FINAL REPORTS: SCOPING, EIA AND EMP FOR CATEGORY A PROJECT ACTIVITIES)..........................................................28

PART 5: ASSESSMENT PROCESS FOR CATEGORY B LISTED PROJECT ACTIVITIES..............29

25. DRAFT ENVIRONMENTAL SCOPING REPORT FOR CATEGORY B LISTED PROJECT ACTIVITIES WITH TERMS OF REFERENCE..........................................................................................................................................29

26. NOTIFICATION FOR CATEGORY B LISTED PROJECT ACTIVITIES REGISTRATION AND PUBLIC CONSULTATION PROCESS..........................................................................................................................29

27. PREPARATION OF THE DRAFT ENVIRONMENTAL MANAGEMENT PLAN REPORT (EMP) FOR CATEGORY B LISTED PROJECT ACTIVITIES......................................................................................................................30

28. PREPARATION OF THE FINAL ENVIRONMENTAL SCOPING REPORT FOR CATEGORY B LISTED PROJECT ACTIVITIES................................................................................................................................................31

29. PUBLIC CONSULTATIONS FOR FINAL SCOPING AND DRAFT EMP REPORTS FOR CATEGORY B LISTED PROJECT ACTIVITIES..................................................................................................................................31

30. APPLICATION FOR ENVIRONMENTAL CLEARANCE CERTIFICATE (SUBMISSION OF FINAL REPORTS: SCOPING, AND EMP FOR CATEGORY B PROJECTS ACTIVITIES)................................................................32

PART 6: ENVIRONMENTAL COMMISSIONERS RECORDS OF DECISIONS..................................33

31. CONSIDERATIONS OF NOTIFICATION FOR PROJECT REGISTRATION...........................................................3332. CONSIDERATIONS OF APPLICATION FOR ENVIRONMENTAL CLEARANCE CERTIFICATE AND EXCEPTIONS 3333. VALIDITY AND RENEWAL OF ENVIRONMENTAL CLEARANCE CERTIFICATE..............................................3534. AMENDMENT OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE...........................................................3635. TRANSFER OF ENVIRONMENTAL CLEARANCE CERTIFICATE.....................................................................37

PART 7: ADMINISTRATIVE MATERS.......................................................................................................39

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36. APPEALS IN TERMS OF ACT.......................................................................................................................3937. DECISION ON APPEALS..............................................................................................................................4038. KEEPING OF RECORDS AND REGISTERS.....................................................................................................4039. SERVICE OF DOCUMENTS..........................................................................................................................4140. MANNER OF PAYMENT OF FEES................................................................................................................4141. PENALTIES AND OFFENCES.......................................................................................................................41

ANNEXURE 1: FORMS.....................................................................................................................................43

ANNEXURE 2: FEES PAYABLE.....................................................................................................................43

ANNEXURE 3: SCREENING LIST OF LISTED PROJECT ACTIVITIES AND EXCEPTIONS.....43

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PART I: PRELIMINARY

1. Definitions

In this notice, a word or expression to which a meaning has been assigned in the Act has that

meaning, and unless the context otherwise indicates –

“activity” means policies, plans, programmes and projects;

“advisory council” means the Sustainable Development Advisory Council established in terms

of this Act;

“aftercare plan” means a plan containing identified actions that will be taken following the

cessation of an operations and details the post closure management and monitoring programme

that will be implemented.

“air quality” means the concentration prescribed under or pursuant to this Act of a pollutant in the

atmosphere at the point of measurement;

“ambient air” means the atmosphere surrounding the earth but does not include the atmosphere

within a structure or within any underground space;

“analysis” means the testing or examination of any matter, substance or process for the purpose

of determining its composition or qualities or its effect (whether physical, chemical or

biological) on any segment of the environment or examination of emissions or recording of noise

or sub-sonic vibrations to determine the level or other characteristics of the noise or sub-sonic

vibration or its effect on any segments of the environment;

“authorisation” means the function of issuing and specifying projects related rights to a

proponent by a competent authority.

“assessment” means the process of identifying, predicting and evaluating –

(a) the significant effects of activities on the environment;

(b) the risks and consequences of activities and their alternatives and options for

mitigation with a view to minimise the effects of activities on the environment and to

maximise the benefits and to promote compliance with the principles set out in this

Act;

“assessment report” means a report that presents the procedures and findings of an

assessment at Strategic Environmental Assessment (SEA) undertaken for policies, plans or

programmes or Environmental Impact Assessment (EIA) undertaken for project site-specific

levels;

“authorisation” means an approval, licence, permit or other authorisation issued by a competent

authority in respect of a listed activity;

“beneficial use” means a use of the environment or any element or segment of the environment

that is conducive to public health, welfare or safety and which requires protection from the

effects of wastes, discharges, emissions and deposits;

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“benefited environment” means that environment which has benefited through the imposition of

one or more obligations on the burdened land;

“biological diversity” means the variability among living organisms from all sources

including, terrestrial ecosystems, aquatic ecosystems and the ecological complexes of which

they are part; this includes diversity within species, among species and of ecosystems;

“biological resources” include genetic resources organisms or parts thereof, populations, or any

other biotic component or ecosystem with actual or potential

use or value for humanity

“burdened land” means any land upon which an environmental conservation order has been

imposed in terms of this Act;

“climate change” means a change in the statistical distribution of weather patterns when that

change lasts for an extended period of time (i.e., decades to millions of years).

“chemical” means a chemical substance in any form whether by itself or in a mixture or

preparation, whether manufactured or derived from nature and for the purposes of this Act

includes industrial chemicals, pesticides, fertilizers and drugs;

“Coastal zone” means is a region where interaction of the sea and land processes occurs;

“Continental Shelf” means the exclusive economic zone established under the Territorial Sea

and Exclusive Economic Zone Act of Namibia;

“construction” means the building, erection or modification of a facility, structure or

infrastructure that is necessary for the undertaking of an activity, including the modification,

alteration, upgrading or decommissioning of such facility, structure or infrastructure;

“closure” means the final termination of all project activities.

“competent authority” means -

(a) an organ of state which is responsible, under any law, for granting or refusing an

authorisation; or

(b) the competent authority identified in terms of the Act

“Criminal Procedure Act” means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);

“environment” means the complex of natural and anthropogenic factors and elements

that are mutually interrelated and affect the ecological equilibrium and the quality of life,

including -

(a) the natural environment that is the land, water and air, all organic and inorganic

material and all living organisms; and

(b) the human environment that is the landscape and natural, cultural, historical,

aesthetic, economic and social heritage and values;

“Ecosystem” means a dynamic complex of plant, animal, micro-organism

communities and their non-living environment interacting as a functional unit;

“ecosystem services” means provisioning, such as the production of food and water;

regulating, such as the control of climate and disease; supporting, such as nutrient cycles

and crop pollination; and cultural, such as spiritual and recreational benefits..

“ecosystem function” means the biological, geochemical and physical processes and

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components that take place or occur within an ecosystem.

“cultural services” means the non-material benefits people obtain from ecosystems through

spiritual enrichment, cognitive development, reflection, recreation, and aesthetic experience,

including, e.g., knowledge systems, social relations, and aesthetic values.

“environment” includes the physical factors of the surroundings of human beings including

land, water, atmosphere, climate, sound, odour, taste, the biological factors of animals and

plants and the social factor of aesthetics and includes both the natural and the built environment;

“Environmental Assessment Practitioner” (EAP) means a natural person qualified to perform an

environmental assessment

“Environmental Clearance Certificate” ;

“environmental assessment” means

(a) assessment undertaken for policy, plan or programme and includes scoping, strategic

environmental assessment (SEA) and development of Strategic Environmental

Management (SEMP)

(b) assessment undertaken with respect to site-specific projects and includes scoping,

Environmental Impact Assessment (EIA) and development of Environmental

Management Plans (EMP)

“effluent” means gaseous waste, water or liquid or other fluid of domestic, agricultural,

trade or industrial origin treated or untreated and discharged directly or indirectly into the

aquatic environment;

“element” in relation to the environment means any of the principal constituent parts of the

environment including water, atmosphere, soil, vegetation, climate, sound, odour, aesthetics, fish

and wildlife;

“environmental audit” means the systematic, documented, periodic and objective evaluation of

how well environmental organisation, management and equipment are

performing in conserving or preserving the environment;

“environmental compliance monitoring” means continuous process of obtaining information to

determine if the parties required under law to control their polluting discharges and emissions

are doing so.

"environmental damage" means the destruction of the physical factors of the surroundings of

human beings including land, water, atmosphere, climate, sound, odour, taste, the

biological factors of animals and plants and the social factor of aesthetics and includes both the

natural and the built environment;.

“environmental education” includes the process of recognising values and clarifying concepts in

order to develop skills and attitudes necessary to understand and

appreciate the inter-relatedness among man, his culture and his biophysical

surroundings;

“environmental impact assessment” means a systematic examination conducted to determine

whether or not a programme, activity or project will have any adverse impacts on the

environment;

“Environmental Inspector” means any environmental inspector appointed or designated under

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this Act;

“environmental management” includes the protection, conservation and sustainable use of the

various elements or components of the environment;

“environmental monitoring” means the continuous or periodic determination of actual and

potential effects of any activity or phenomenon on the environment whether short-term or long-

term;

“environmental specialist consultants” means scientists who observe the impact of activities on

the environment, identify problem areas and recommend solutions with respect to an

environmental assessment process and such specialist studies may include flora, fauna,

archaeology, water, socioeconomic, air quality and noise modelling, oil spill modelling, marine

fisheries and marine fauna, depending on the scope of environmental assessment being

undertaken.

“environmental planning” means both long-term and short-term planning that takes into account

environmental exigencies;

“environmental resources” includes the resources of the air, land, flora, fauna and water together

with their aesthetical qualities;

“environmental restoration order” means an order issued in terms of the provisions of this Act;

“environmentally friendly” includes any phenomenon or activity that does not cause

harm or degradation to the environment;

“Environmental Commissioner” means the Environmental Commissioner appointed as the

Managing Director of the Commission in terms of this Act;

“environmental officer” means an environmental officer appointed in terms of the provisions of

this Act

“exception” means the action of freeing or state of being free from an obligation or liability

imposed on others.

“financial guarantee” is a promise to take responsibility for another party's financial obligation if

that party cannot meet its obligation. The entity assuming this responsibility is called the

guarantor;

“Fund” means a fund established in terms of the provisions of this Act;

“listed activity” means an activity listed and cannot be undertaken without an environmental

clearance certificate issued in terms of provisions of this Act;

“hazardous substance” means any chemical, waste, gas, medicine, drug, plant, animal or micro-

organism which is likely to be injurious to human health or the environment;

“hazardous waste” means any waste which has been determined by the Commission to be

hazardous waste or to belong to any other category of waste provided for in accordance with the

provisions of this Act;

“Material Safety Data Sheet (MSDS)” means a document that contains

information on the potential hazards (health, fire, reactivity and environmental) and how to

work safely with the chemical product.

“Minister” means the Minister responsible for environment;

“Ministry” means the Ministry responsible for the administration of matters relating to the

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environment;

“mixture containing oil” means a mixture of substances or liquids with such oil content as may

be specified under this Act or, if such oil content is not specified, a mixture with an oil content

of one hundred parts or more in one million parts of the mixture;

“noise” means any undesirable sound that is intrinsically objectionable or that may cause

adverse effect on human health or the environment;

“occupational air quality” means the concentration prescribed under or pursuant to this Act of a

substance or energy in the atmosphere within a structure or underground space in which human

activities take place;

“occupier” means a person in occupation or control of premises, and in relation to premises

different parts of which are occupied by different persons, means the respective persons in

occupation or control of each part;

“oil” includes –

(a) crude oil, refined oil, diesel oil, fuel oil and lubricating oil; and

(b) any other description of oil which may be prescribed;

“operator” means any natural or legal, private or public person who operates or controls the

damaging occupational activity or, where this is provided for in national legislation, to whom

decisive economic power over the technical functioning of such an activity has been delegated,

including the holder of a permit or authorisation for such an activity or the person registering or

notifying such an activity.

“owner” in relation to any premises means –

(a) the registered proprietor of the premises;

(b) the lessee, including a sub-lessee of the premises;

(c) the agent or trustee of any other owners described in paragraphs (a) and (b) of this

interpretation section or where such owner as described in paragraphs (a) and (b)

cannot be traced or has died, his legal personal representative;

(d) the person for the time being receiving the rent of the premises whether on his /

her own account or as agent or trustee for any other person or as receiver or who

would receive the rent if such premises were let to a tenant; and in relation to any

ship means the person registered as the owner of the ship or in the absence of

registration, the person owning the ship; except that in the case of a ship owned by

any country and operated by a company which in that country is registered as the

ship’s operator, “owner” shall include such country and the master of the ship;

“organs of state” means Line Ministries, Parastatals, Regional Councils and Local Authorities

that exercise functions / mandate that may affect the environment or are entrusted with powers

and duties aimed at the achievement, promotion, and protection of a sustainable environment,

and for matters pertaining thereto.

“Permanent Secretary” means the Permanent Secretary of the Ministry; “person” includes an

organ of state;

“premises” includes land and any building, structure, vehicle, ship, vessel, aircraft or

container;

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“prescribe” or “prescribed” means prescribe or prescribed by regulation; “proponent” means a

person who proposes to undertake a listed project activity;

“provisioning services” means the products obtained from ecosystems, including, for example,

genetic resources, food and fibre, and fresh water.

“ozone layer” means the layer of the atmospheric zone above the planetary boundary layer as

defined in the Vienna Convention for the Protection of the Ozone Layer, 1985;

“plan” means a set of coordinated projects proposed by an organ of state;

“policy” means a statutory statement of intent providing aims and actors for plans and

programmes valid over a period of two to three decades;

“PPP” means Policy, Plan or Programme;

“programme” mean a set of coordinated plans;

“pollutant” includes any substance whether liquid, solid or gaseous which –

(a) may directly or indirectly alter the quality of any element of the receiving

environment;

(b) is hazardous or potentially hazardous to human health or the environment; and

includes objectionable odours, radio-activity, noise, temperature change or

physical, chemical or biological change to any segment or element of the

environment;

“polluter-pays principle” means that the cost of cleaning up any element of the environment

damaged by pollution, compensating victims of pollution, cost of beneficial uses lost as a result

of an act of pollution and other costs that are connected with or incidental to the foregoing, is to

be paid or borne by the person convicted of pollution under this Act or any other applicable law

or regulations;

“pollution” means any direct or indirect alteration of the physical, thermal, chemical, biological,

or radio-active properties of any part of the environment by discharging, emitting, or depositing

wastes so as to affect any beneficial use adversely, to cause

a condition which is hazardous or potentially hazardous to public health, safety or welfare, or to

animals, birds, wildlife, fish or aquatic life, or to plants or to cause contravention of any

condition, limitation, or restriction which is subject to a licence under this Act;

“practicable” means reasonably practicable having regard, among other things, to local

conditions and knowledge and the term “practicable means” include the provision and the

efficient maintenance of plants and the proper use thereof, and the supervision by or on behalf

of the occupier of any process or operation;

“precautionary principle” is the principle that where there are threats of damage to the

environment, whether serious or irreversible, lack of full scientific certainty shall not be used as

a reason for postponing cost-effective measures to prevent environmental degradation;

“premises” include measures, buildings, lands, and hereditaments in every tenure and

machinery, plant or vehicle used in connection with any trade carried on at any premises;

“proponent” means a person proposing or executing a project activity or an undertaking

specified listed in terms of the provisions of this Act;

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“proprietary information” means information relating to any manufacturing process, trade

secret, trade mark, copyright, patent or formula protected by law in Namibia or by any

international treaty to which Namibia is a party;

“public consultation, or simply consultation, is a regulatory process by which the public's input

on matters affecting them is sought. Its main goals are in improving the efficiency, transparency

and public involvement in policies plans, programme and projects activities

“rehabilitate” means to take measures in accordance with the standards prescribed by the

regulations with respect to undertaking site –specific project activities so that the use or

condition of the site

(i) is restored as close as is reasonably possible to its former use or condition,

(ii) is restored to a condition that is acceptable to the minister, or

(iii) is made suitable for a use that the minister considers appropriate;”;

““rehabilitation” means the process of returning the land in a given area to some degree of its

former state, after some process (industry, natural disasters, etc.) has resulted in its damage.

“regulation” means a regulation made under this Act;

“review” when used in Part VIII, means the process of determining whether an assessment has

been carried out correctly or whether the resulting information is adequate in order to make a

decision;

“significant effect” means having, or likely to have, a consequential qualitative or quantitative

impact on the environment, including changes in ecological, aesthetic, cultural, historic,

economic and social factors, whether directly or indirectly, individually or collectively;

“risk Assessment” means a scientifically based process consisting of four steps: hazard

identification, hazard characterization, exposure assessment and risk characterization.

“staff member” means a staff member as defined in section (1) of the Public Service Act,

1995 (Act No. 13 of 1995);

“regulating” services means the benefits obtained from the regulation of ecosystem processes,

including, for example, the regulation of climate, water, and some human diseases.

“scoping” means the process of determining the content and extent of the matters which should

be covered in the. environmental assessment and is inclusive of preparation of Term of

Reference for the SEA;

“screening” means the process of determination of whether or not an environmental assessment

is required for policy, plan, programme or project activity.

“ship” includes every description of vessel or craft or floating structure;

“soil” includes earth, sand, rock, shales, minerals, vegetation, and the flora and fauna in the soil

and derivatives thereof such as dust;

“standard” means the limits of discharge or emissions established under this Act or under

regulations made pursuant to this Act or any other written law;

“sustainable development” means development that meets the needs of the present generation

without compromising the ability of future generations to meet their needs by maintaining the

carrying capacity of the supporting ecosystems;

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“sustainable use” means present use of the environment or natural resources which does not

compromise the ability to use the same by future generations or degrade the carrying capacity of

supporting ecosystems;

“supporting” services means ecosystem services that are necessary for the production of all other

ecosystem services. Some examples include biomass production, production of atmospheric

oxygen, soil formation and retention, nutrient cycling, water cycling, and provisioning of habitat.

“stakeholder”, means individuals or groups that are affected by a decision and have an interest in

its outcome.

“strategic environmental assessment (SEA)” means a process for evaluating the environmental

consequences of proposed plan, policy or programme initiatives in order to ensure that they are

fully included and appropriately addressed at the earliest stage of decision making, on par with

economic and social considerations

“trade” means any trade, business or undertaking whether originally carried on a fixed premises

or at varying places which may result in discharge of substances and energy and includes any

activity prescribed to be a trade, business or undertaking for the purpose of this Act;

“environmental specialist studies” means environmental standalone studies that are conducted by

environmental specialist consultants as part of an environmental assessment process and such

specialist studies may include flora, fauna, archaeology, water, socioeconomic, air quality and

noise modelling, oil spill modelling, marine fisheries and marine fauna, depending on the type of

environmental assessment being undertaken.

“terms of reference” (ToR) means a document outlining the scope and limitations of an activity

detailing all aspects of how a consultant or a team will conduct an evaluation. It defines the

objectives and the scope of the evaluation, outlines the responsibilities of the consultant or team,

and provides a clear description of the resources available to conduct the study.

“waste” includes any matter prescribed to be waste and any matter, whether liquid, solid,

gaseous, or radioactive, which is discharged, emitted, or deposited in the environment in such

volume composition or manner likely to cause an alteration of the environment;

“wetland” means areas permanently or seasonally flooded by water where plants and animals

have become adapted;

2. Purpose and application of regulations

(1) The purpose of these Regulations is to regulate the procedure and criteria as

contemplated in Part V of the Act relating to the submission, processing and

consideration of, and decision on, applications for environmental clearance

certificate for the commencement of activities in order to avoid detrimental impacts

on the environment, or where it cannot be avoided, ensure mitigation and

management of impacts to acceptable standards and levels, and to optimise positive

environmental impacts, and for matters pertaining thereto.

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(2) These regulations apply to activities listed in Government Notice No. 30 of 6

February 2012 as amended in Annexure 3A and 3B to this regulations.

(3) The activities referred to in sub-regulation (2), are activities that may not be

undertaken without an environmental clearance certificate.

3. Identification of competent authority

(1) All applications in terms of these regulations must be decided upon by the Environmental Commissioner.

(2) The competent authority, which must consider and decide upon a project activity in

respect of a specific activity, must be determined with reference to the notice

published under the Act.

(3) Any dispute or disagreement in respect of who the competent authority should be

in relation to any specific project must be resolved by the Minister or by the

Minister and the designated competent authority, as the case may be.

4. Roles of competent authority

(1) A competent authority may, on its own initiative, or upon request by a

proponent or an EAP managing the environmental assessment, and subject to

the payment of any prescribed charges, if applicable-

( a) give the proponent or environmental assessment practitioner (EAP) access to

any guidelines, departmental policies, decision-making instruments and

information on practices that have been developed or to any other

information in the possession of the competent authority that is relevant to

the project; or

(b) advise the proponent or EAP, either in writing or by way of discussions, of

the nature and extent of any of the processes that must be followed in order to

comply with the Act and these regulations.

(2) A competent authority must, on written request, furnish the proponent or EAP with

officially adopted minutes of any meeting held or discussion that took place, as

contemplated in subregulation (1)(b), between the competent authority and the

proponent or EAP .

Sheldon Husselmann, 05/07/16,

Can request minutes of meetings

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(3) The competent authority and the proponent or EAP, must on written request by a

registered stakeholders, provide access to the officially adopted minutes of

meetings as contemplated in subregulation (2), to such a registered stakeholder.

5. Consultation between competent authority and environmental commissioner

(1) Where activity in terms of these regulations must also be made in terms of other

legislation and that other legislation requires that information must be submitted or

processes must be carried out that are substantially similar to information or

processes required in terms of these regulations, and where an agreement has been

reached in accordance with the Act, the application must be dealt with in

accordance with such agreement.

(2) If the Minister, or identified competent authority considers an application for an

authorisation of a listed project activity, the Minister, or the competent authority

must take into account all relevant factors including any comments received from a

relevant competent authority that administers a law relating to a matter affecting

the environment relevant to that project authorisation.

(3) The Environmental Commissioner must consult with the relevant competent

authority that administers a law relating to the proposed project activity when he or

she considers the project notification for a project registration or application for

environmental clearance.

(4) A competent authority consulted in terms of sub-regulation (3) must submit its

comments within twenty-one (21) working days from the date on which the

Environmental Commissioner requests such competent authority, in writing to,

submit comments with respect to a specific project registration or application for

environmental clearance.

6. Competent authorities’ right of access to information

(1) A competent authority is entitled to all information that reasonably has or may

have the potential of influencing any decision with regard to a project registration

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or application for environmental clearance unless access to such information is

protected by law or of such nature relevant to national security.

(2) Unless access to the information contemplated in sub-regulation (1) is protected by

law, a component authority, proponent or EAP or other person in possession of that

information must, on request by the competent authority or Environmental

Commissioner disclose such information to the competent authority or

Environmental Commissioner whether or not such information is favourable to the

project registration or application for environmental clearance certificate.

7. Timing for environmental assessment implementation and duties of a

proponent

(1) Timing for implementation of the environmental assessment in form of

Environmental Scoping, Environmental Impact Assessment (EIA) and / or

Environmental Management Plan (EMP) with respect to a specific project

development may be undertaken in three main modes in order of preference -

(a) Integrated with the process of developing and designing the project being

assessed – so that the environmental assessment has the maximum potential to

support and inform the project development process.

(b) In parallel with the development/preparation / designing of the project activities

to ensure strong links and dialogue between the project development / designing

and environmental assessment teams at all critical steps

(c) Ex post – after the project has been developed – when the ability of the

environmental assessment to influence the content of the project design are

much more limited.

(2) The implementation of environmental assessment with respect to a specific project

development by a proponent contemplated in the sub-regulation (1) shall only be

implemented once the proponent has obtained the authorisation from a relevant

competent authority.

(3) The proponent must notify the Environmental Commissioner thorough a

notification to register such a project for implementation of environmental

assessment for the proposed activity.

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(4) The Notification to the Environmental Commissioner for implementation of

environmental assessment with respect to a specific project development by a

proponent contemplated in the sub-regulation (3) shall contain-

(a) all the applicable project activity authorisations from the relevant competent

authorities as the case may be authorising the proponent to undertake the

proposed project activities.

(5) The proponent must ensure that the environmental assessment procedures,

specified in the Act, these regulations and guidelines, for the proposed activity are

followed.

(6) The procedure to be followed as contemplated in subregulation (5) shall include-

(a) establishing the context for the environmental assessment through screening to

decide whether environmental assessment in terms of these regulations is

appropriate and relevant in relation to the proposed project activities;

(b) implementation of the environmental assessment in terms of these regulations

for the proposed project recommendations (in dialogue with stakeholders) in

terms of these regulations;

(c) monitoring and evaluation of the environmental assessment recommendations

and the proposed project implementation framework throughout the project

lifecycle.

8. General requirements for EAPs

(1) An EAP must -

(a) have knowledge of and experience in conducting environmental assessments,

including knowledge of the Act, these regulations and guidelines that have

relevance to the proposed project;

(b) undertake the environmental assessment in an objective manner, even if this

results in views and findings that are not favourable to the proponent;

(c) comply with the Act, these regulations, guidelines that have relevance to the

proposed project, and;

(d) disclose to the proponent, public and the Environmental Commissioner all

material information in the possession of the EAP that reasonably has or may

have the potential of influencing -

(i) any decision to be taken with respect to the notification or application

for environmental clearance certificate in terms of the Act and these

16

regulations; or

(ii) the objectivity of any report, plan or document to be prepared by the

EAP in terms of the Act and these regulations.

PART 2: SCREENING OF CATEGORY A OR B PROJECT ACTIVITIES AND EXCEPTIONS

9. Determining if a proposed project is a Category A listed activity

(1) Before submitting a notification for project registration to the Environmental

Commissioner, the proponent must, with reference to the annexure 3A, determine that

the activity for which the notification for project registration is made, is an activity

listed under Category A.

(2) For the purposes of sub-regulation (1), the proponent may consult the Environmental

Commissioner, the competent authority and guidelines, if any.

(3) If the proponent has in terms of sub-regulation (1) determined that the proposed

activity is an activity listed under Category A, the proponent must submit the

notification for project registration to the environmental commission and follow the

public consultation process terms of these regulations.

(4) If the proponent has in terms of sub-regulation (1) determined that the proposed

activity is not an activity listed under Category A, then the proponent must screen the

proposed project activity under regulations 10 and 11.

(5) All project activities listed under Category A are;-

(a) likely to have significant adverse environmental impacts that are significant,

diverse or unprecedented, and require a full environmental impact assessment

covering Scoping, Environmental Impact Assessment (Inclusive of Specialist

Studies) and Environmental Management Plan (EMP) (Inclusive of

Environmental Performance Monitoring plan).. These projects may affect an

area broader than the sites or facilities subject to physical works. The

17

significance of environmental impacts depends on a number of variables

including amongst others the area extent and the character of the receiving

environment. Terms of Reference must be prepared as part of the scoping

phase and approved by the Environmental Commissioner for the

Environmental Impact Assessment.

(b) listed in Annexure 3A.

10. Determining if a proposed project is a Category B listed activity

(1) Before submitting a notification for project registration to the Environmental

Commissioner the proponent must determine that the activity for which the

notification for project registration is made is a listed activity under Category B of

Annexure 3B.

(2) For the purposes of subregulation (1), the proponent may consult the Environmental

Commissioner, the competent authority and guidelines as the case may be.

(3) If the proponent has in terms of subregulation (1) determined that the proposed

activity is a listed activity under Category B, the proponent must submit the

notification for project registration to the environmental commissioner and follow the

public consultation process in accordance with these regulations.

(4) If the proponent has in terms of subregulation (1) determined that the proposed

activity is not a listed activity under Category B, the proponent may proceed with the

project activities in accordance with the provisions of regulation 11.

(5) The project activities under Category B are;-

(a) likely to have less adverse effects on the environment than those of Category

A projects activities. The likely negative impacts may be localised, site-

specific and more easily ascertainable, and generally feasible mitigation

measures can be readily identified. Category B project activities require an

environmental assessment study comprising environmental scoping and

preparation of Environmental Management Plan (EMP) (Inclusive of

Environmental Performance Monitoring plan).

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(b) listed in Annexure 3 B

11. Procedure for project activities not listed in Category A, Category B and

Category C

(1) If the proponent has in terms of these regulations determined that the proposed

activity is not a listed activity under either Category A or Category B, the proponent

may proceed with the implementation of the proposed activity without any further

requirements for environmental clearance certificate under these regulations provided

that all the other requirements of the relevant competent authority under which the

activity falls and any applicable laws are met.

(2) The project activities that may be excepted –

(a) are listed in Annexure 3C;

(b) If a project activity is listed under Category A or B but not listed under

Category C and the proponent has justification that the proposed activities may

be excepted, the proponent may apply to the Environmental Commissioner for

such an exception by completing the application for Environmental Clearance

Certificate Exception Form 5 in Annexure 1.

(3) For the purposes of sub-regulations (1) and (2)(b), the proponent may consult the

competent authority, the Environmental Commissioner and relevant guidelines, if any.

19

PART 3: PUBLIC CONSULTATIONS FOR CATEGORY A AND B LISTED ACTIVITIES

12. Public consultation

(1) This section applies only to categories A and B listed project activities requiring public

consultation in terms of these regulations.

(2) The proponent shall develop a Stakeholder Engagement Strategy for internal use in

order to prepare and implement the Stakeholders Engagement Plan (SEP) that will

assist in undertaking a focused and effective public consultation process in terms of

these regulations and the SEP shall be inclusive of the following steps –

(a) Stakeholder mapping through defining criteria for identifying key stakeholders

(b) selecting appropriate engagement mechanisms and method including choice on

holding one to one meetings or open public / institutional/ private sector /

meetings / workshops, radio / Tv announcements

(c) conduct the public consultation process, and identified measures to ensure

equitable opportunity for public contribution and to mitigate tensions during

the process while remaining focused on the issues.

(d) A plan for addressing concerns raised and other input provided during the

public consultation process; including the manner of determining further

actions, revisit goals and plan next steps for follow-up and future engagement.

20

13. Considerations for public consultation process

(1) The person conducting public consultation process must invite, give notice and

inform the public of the notification or results of the assessment for application which

is subjected to public consultation process by -

(a) giving written notice to –

(i) all identified stakeholders;

(ii) any other competent authority having jurisdiction in respect of any

aspect of the proposed project activities.

(b) advertising the notification or application for environmental clearance once a

week for two consecutive weeks in a newspaper publication circulated widely

in Namibia. The duration / validity of the advertisement shall be for a period of

twenty-one (21) working days after the first advertisement publication appears

in the local newspapers.

(c) advertising in a manner that is most appropriate to the prevailing conditions,

including making announcements on the radio and at places where the public

may gather and are likely to receive or see the notification or application of the

intended project activity;

(d) organising both a notification and application public meetings or workshops at

location/s and venue/s which is most appropriate and accessible to the local

community if the proposed project is a Category A listed activity in terms of

these regulations;

(e) organising only an application public meeting or workshop where there is a

need due to the registered stakeholders demands / public interest at location/s

and venue which is most appropriate and accessible to the local community if

the proposed project is a Category B listed activity in terms of these

regulations.

(2) A notice, notice board or advertisement referred to in subregulation (1) must -

(a) give details of the notification or application which is subjected to public

consultation; and

(b) state ;-

21

(i) that the notification or application is to be submitted to the

Environmental Commissioner in terms of these regulations;

(ii) the nature and location of the intended project activity to which the

notification or application relates;

(iii) where further information on the notification or application intended

policy, plan or programme activity can he obtained.

(4) If a deviation from subregulation (2) is appropriate the person conducting the public

consultation process may deviate from the requirements of these regulations to the

extent and in the manner agreed with the Environmental Commissioner after

consultation with the Organ of State.

(5) When complying with this regulation, the person conducting the public consultation

process shall ensure that -

(a) information containing all relevant facts in respect of the notification or

application is made available to the public; and

(b) public consultation is facilitated in such a manner the public are provided with

a reasonable opportunity with a duration of twenty-one (21) working days

from date of publication of 1st notice for familiarising themselves with the

consultation materials, registration process and comments/ feedback/ objection

requirements on a notification or application.

14. Registration of stakeholders

(1) The proponent must open and maintain a register which contains the names and

addresses of -

(a) all persons who, as a consequence of the public consultation process

conducted in respect of that notification or application, have submitted

written comments or attended meetings organised by the proponent;

(b) all persons who, after completion of the public consultation process referred

to in paragraph (a), have requested the proponent in writing, for their names

to be placed on the register; and

(c) all other competent authorities which have jurisdiction in respect of the

project activities to which the notification or application relates.

(2) A proponent must give access to the stakeholder register to any person who submits

a request for access to such stakeholders register in writing.

22

15. Registered stakeholders

(1) A registered stakeholder is entitled to comment in writing, on all written

submissions made to the Environmental Commissioner by the proponent for a

notification or application for intended project activity, and to bring to the attention

of the Environmental Commissioner any issues which that stakeholder, believes may

be of significance to the consideration of the notification or application, as long as -

(a) comments are submitted within twenty-one (21) working days of the

notification or application of the public consultation process organised by the

proponent;

(b) the stakeholders discloses any direct business, financial, personal or other

interest which that stakeholders may have in the approval or refusal of the

notification or application.

(2) Before the proponent submits a final report compiled in terms of these regulations to

the Environmental Commissioner, the proponent must give stakeholders access to,

and an opportunity to comment in writing on the draft reports;

(3) Reports referred to in subregulation (2) include-

(a) environmental scoping reports, and;

(b) assessment reports including specialist reports;

(b) environmental management and monitoring plans reports;

16. Comments of stakeholder to be recorded

(1) All comments from a stakeholder must be recorded by the proponent and must

accompany the final report when submitted to the Environmental Commissioner.

17. Public notices for application of environmental certificate

(1) Before the proponent submits the final environmental reports compiled in terms of these

regulations to the Environmental Commissioner, the proponent must give notice to the

registered stakeholders of the intention of the proponent to apply for an environmental

clearance certificate;

(2) The notice to stakeholders in subregulation (1) shall -

(a) clearly indicate the date when the final Environmental Assessment reports will be

submitted to the Office of the Environmental Commissioner.

(b) invite all the stakeholders to submit written inputs/ comments / objection to the

application within twenty-one (21)working days from the date of first publication

of such notice.

(4) Proof of public consultation process undertaken with respect to a specific project activity

23

must be included to the application for an environmental clearance certificate and such

proof may include copies of the advertisements, stakeholders register, all

communications, minutes of the meetings / workshop undertaken or any copies of proof

of other public consultation materials used as the case may be.

(5) The Commissions may consult and request a proponent, competent authorities whose

area of responsibility or interests may be affected by the performance of the function or

duty or the exercise of the power or issue of the environmental clearance certificate of a

proposed policy project to submit additional comments/ objection /input.

(6) The Commission may request additional justification information from a registered

stakeholders submitting objections for a project activities and such additional

justification information if not provided may include detailed explanation with factual

data on the objections, names of the individuals behind such an objection, affiliations,

sources of funding for environmental advocacy in order to protect national interests and

any other information that the Commission may consider relevant to the notification or

application;

(7) Failure to submit such requested consultative and additional information that the

Commissions may request in terms of regulations (5) and (6) will deem any objection/

comments/ inputs invalid and will not be considered in the decision making process for

the notification or application under considerations.

24

PART 4: ASSESSMENT PROCESS FOR CATEGORY A LISTED PROJECT ACTIVITIES

18. Draft environmental scoping report for Category A listed project activities

with terms of reference

(1) After determination that an intended project activity is listed under Category A, the

proponent must prepare a draft environmental scoping report with terms of

reference.

(2) the draft environmental scoping report must include -

(a) the curriculum vitae of the EAP who prepared the report;

(b) a description of the proposed activity;

(c) a description of the project location;

(d) a description of the environment that may be affected by the proposed activity

including physical, biological, socioeconomic and cultural aspects;

(e) an identification of laws and guidelines that have been considered in the

preparation of the environmental scoping report;

(f) a summary of the public consultation to be undertaken in terms of these

regulations;

(g) terms of reference for the detailed impact assessment in terms of these

regulations.

(3) The terms of reference must set out the methodology and approach that the

proponent intends to follow in undertaking the impact assessment in accordance

with the Act, these regulations and guidelines and must include;-

(a) list of environmental specialist consultants who will be undertaking the

25

specialist study as may be required and if already available;

(b) a description of all tasks to be undertaken as part of the impact assessment

process;

(c) a description of the proposed method of assessing the environmental issues /

impacts and alternatives; and

(d) public consultation processes to be conducted during the impact assessment

process in terms of these regulations.

19. Notification for Category A listed project activities registration and public

consultation process

(1) After preparation of the draft environmental scoping report with terms of reference

in accordance with regulation 18, the proponent must submit a notification for

project registration with the Environmental Commissioner;

(2) The notification for project registration together with the draft environmental

scoping report with terms of reference for impact assessment must be -

(a) made on a form which corresponds substantially with Form 1 of Annexure 1 to

these regulations, and obtainable from the Office of the Environmental

Commissioner and other designated offices; and

(b) submitted to the Environmental Commissioner in terms of the Act.

(3) After submitting the notification for project registration to the Environmental

Commissioner in terms of the Act, the proponent must -

(a) conduct public consultation process in accordance with part 3 of these

regulations including organising a public meeting / workshop in accordance

with the requirements of the regulation 13 (i) (d);

(b) conduct the specialist studies as provided for in the terms of reference;

(c) start preparing the draft Environmental Impact Assessment (EIA) report in

terms of these regulations;

(d) start preparing the draft Environmental Management Plan (EMP) in terms of

these regulation;

(8) On receipt of feedback from the Environmental Commissioner with respect to the

notification for project registration, the proponent must take into considerations the

content of such communication from the Environmental Commissioner in

conducting the specialist studies and preparation of the final environmental scoping,

draft Environmental impact Assessment and Environmental Management Plan

reports.

26

20. Preparation of draft environmental impact assessment report (EIA)

Category A listed project activities


Commissioner and implementation of the public consultation process including

organising public meeting/s or workshop/s, the proponent must prepare the draft

Environmental Impact Assessment (EIA) Report including the results and

recommendations of the specialist studies that has been undertaken;

(2) The draft Environmental Impact Assessment report referred to in subregulation (1)

must contain all information on the proposed project activities lifecycle

(implementation, preconstruction, construction, operation, rehabilitation, closure,

restoration and aftercare as the case may be) that is necessary for the Environmental

Commissioner to consider and to make a decision on the application for

environmental clearance certificate, and must include -

(a) the curriculum vitae of the EAP who compiled the report;

(b) a non-technical summary of the information.

(c) a detailed description of the proposed listed activity;

(d) a description of the environment that may be affected;

(e) the extent to which the receiving environment including physical, biological,

socioeconomic and cultural aspects of the environment may be affected by the

proposed activity.

(f) a description of the need and desirability of the proposed listed activity;

(g) an indication of the methodology used in determining the significant impacts;

(h) a description and assessment of all alternatives identified during the assessment

process including the no development option;

(i) a description of all environmental issues that were identified during the

assessment process, an assessment of the significant impact of each issue and

an indication of the extent to which the issue could be addressed by the

adoption of mitigation measures;

(j) an assessment of each identified potentially significant effect, including -

(i) cumulative effects;

(ii) the nature of the effects;

(iii) the extent and duration of the effects;

(iv) the probability of the effects occurring;

(v) the degree to which the effects can be reversed;

(vi) the degree to which the effects may cause irreplaceable loss of

resources; and

(vii) the degree to which the effects can be mitigated;

27

(k) a description of any assumptions, uncertainties and gaps in knowledge;

(l) an opinion as to whether the application for environmental clearance certificate

for proposed listed activity may or may not be issued, and if the opinion is that

it shall be issued, any conditions that must be made in respect of that approval.

(3) Any specialist study undertaken as part of the environmental assessment must be

included as annexure to the draft Environmental Impact Assessment (EIA) report

21. Preparation of the draft environmental management plan report (EMP) for



Commissioner and implementation of the public consultation process,

implementation of the public consultation process including organising public

meeting/s or workshop/s, the proponent must prepare the draft Environmental

Management Plan (EMP);

(2) The draft Environmental Management Plan referred to in subregulation (1) must

contain all information on the proposed project activity’s lifecycle (implementation,

preconstruction, construction, operation, rehabilitation, closure, restoration and

aftercare as the case may be) that is necessary for the Environmental Commissioner

to consider and to make a decision on the application for environmental clearance

certificate, and must include information on any -


(b) a brief non-technical summary of the information.

(c) a summary description of the proposed listed activity;

(d) proposed management and resources required by the proponent to implement

the EMP;

(e) Proof and description of the type of financial guarantee to be posted for project

activities requiring rehabilitation, closure, restoration and aftercare;

(f) roles and responsibilities for EMP implementation;

(g) specific detailed list of mitigation measures to be implemented;

(h) as far as is reasonably practicable, measures to rehabilitate the environment

affected by the undertaking of the activity or specified activity to its natural or

predetermined state or to a land use which conforms to the generally accepted

principle of sustainable development;

(i) protection or remedial measures to be undertaken to address the effects on the

environment that have been identified including objectives in respect of the

rehabilitation of the environment, closure and aftercare plan;

28

(j) a description of the manner in which the proponent intends to modify, remedy,

control or stop any action, activity or process which causes pollution or

environmental degradation or to remedy the cause of pollution or degradation

and migration of pollutants;

(k) A description of the environmental performance monitoring measures to be

undertaken in order to meet all regulatory requirements, standards and limits

applicable to the proposed activities.

22. Preparation of the final environmental scoping report for Category A listed

project activities

(1) After preparation of the draft Environmental Impact Assessment report and draft

Environmental Management Plan, the proponent must prepare the final

environmental scoping report;

(2) The final environmental scoping report referred to in subregulation (1) must be

prepared in accordance with provisions of these regulations.

23. Public consultations for final scoping, draft EIA and draft EMP reports for


(1) After preparation of the draft Environmental Impact Assessment, the draft Environmental

Management Plan and Final Environmental Scoping report in accordance with these

regulations, the proponent must conduct the second public consultation process in order for

the proponent to present the outcomes and findings of the environmental assessment

process to the public and registered stakeholders as part of the application stages for

environmental clearance certificate;

(2) The public consultation process shall be conducted in accordance with part 3 of these

regulations including organising a public meeting / workshop in accordance with the

requirements of the regulation 13 (i) (d);

(3) On completion of conducting the public consultations process in accordance with

these regulations, the proponent must incorporate all comments, inputs or objections

received from the stakeholders in the draft environmental impact assessment, draft

environmental management plan and final environmental scoping reports as part of

the process of finalizing the reports;

(4) Upon incorporation of all the stakeholders contributions, the proponent must finalize

the reports and the final environmental impact assessment, final environmental

management plan and final environmental scoping reports may be submitted to

Environmental Commissioner as part of an application for environmental clearance

certificate.

29

24. Application for environmental clearance certificate (Submission of final

reports: scoping, EIA and EMP for Category A project activities)

(1) The application for an environmental clearance certificate with final environmental

impact assessment, final environmental management plan and final environmental

scoping must be -


the regulations, and obtainable from the Office of the Environmental


(b) submitted to the Environmental Commissioner and /or designated competent

authority in terms of the Act.

PART 5: ASSESSMENT PROCESS FOR CATEGORY B LISTED PROJECT ACTIVITIES

25. Draft environmental scoping report for Category B listed project activities

with terms of reference

(8) After determination that an intended project activity is listed under Category B, the

proponent must prepare a draft environmental scoping report with terms of

reference.

(9) the draft environmental scoping report must include -

(a) the curriculum vitae of the EAP who prepared the report;

(b) a description of the proposed activity;

(c) a description of the project location;

(d) a description of the environment that may be affected by the proposed activity

including physical, biological, socioeconomic and cultural aspects;

(e) an identification of laws and guidelines that have been considered in the

preparation of the environmental scoping report;

(f) a summary of the public consultation to be undertaken in terms of these

regulations;

(g) terms of reference for the detailed impact assessment in terms of these

regulations.

(10) The terms of reference must set out the methodology and approach that the proponent

intends to follow in preparing the final environmental scoping and management plan in

accordance with the Act, these regulations and guidelines and must include;-

(a) list of environmental specialist consultants who will be undertaking the specialist

30

study as may be required and if already available;

(b) a description of all tasks to be undertaken as part of the final scoping report

and management plan preparation process;

(c) a description of the proposed method of assessing the environmental issues /

impacts and alternatives; and

(d) public consultation processes to be conducted as part of the scoping and

management plan preparation process in terms of these regulations.

26. Notification for Category B listed project activities registration and public

consultation process

(9) After preparation of the draft environmental scoping report with terms of reference

in accordance with these regulations, the proponent must submit a notification for

project registration with the Environmental Commissioner;

(10) The notification for project registration together with the draft environmental

scoping report with terms of reference for impact assessment must be -




(b) submitted to the Environmental Commissioner in terms of the Act.


Commissioner in terms of the Act, the proponent must -

(a) conduct public consultation process by publication of notices in local

newspapers;

(b) conduct the specialist studies as provided for in the terms of reference;

(c) start preparing the final environmental scoping report and draft Environmental

Management Plan (EMP) in terms of these regulation;

(15) On receipt of feedback from the Environmental Commissioner with respect to the

notification for project registration, the proponent must take into considerations the

content of such communication from the Environmental Commissioner in

conducting the specialist studies and preparation of the final environmental scoping

and draft Environmental Management Plan reports.

27. Preparation of the draft environmental management plan report (EMP) for

Category B listed project activities


Commissioner and implementation of the public consultation process,

implementation of the public consultation process including organising public

meeting/s or workshop/s as may be necessary, the proponent must prepare the draft

31

Environmental Management Plan (EMP);

(4) The draft Environmental Management Plan referred to in subregulation (1) must

contain all information on the proposed project activity’s lifecycle (implementation,

preconstruction, construction, operation, rehabilitation, closure, restoration and

aftercare as the case may be) that is necessary for the Environmental Commissioner

to consider and to make a decision on the application for environmental clearance

certificate, and must include information on any -


(b) a brief non-technical summary of the information.

(c) a summary description of the proposed listed activity;

(d) proposed management and resources required by the proponent to implement

the EMP;

(e) Proof and description of the type of financial guarantee to be posted for project

activities requiring rehabilitation, closure, restoration and aftercare;

(f) roles and responsibilities for EMP implementation;

(g) specific detailed list of mitigation measures to be implemented;

(h) as far as is reasonably practicable, measures to rehabilitate the environment

affected by the undertaking of the activity or specified activity to its natural or

predetermined state or to a land use which conforms to the generally accepted

principle of sustainable development;

(i) protection or remedial measures to be undertaken to address the effects on the

environment that have been identified including objectives in respect of the

rehabilitation of the environment, closure and aftercare plan;

(j) a description of the manner in which the proponent intends to modify, remedy,

control or stop any action, activity or process which causes pollution or

environmental degradation or to remedy the cause of pollution or degradation

and migration of pollutants;

(k) A description of the environmental performance monitoring measures to be

undertaken in order to meet all regulatory requirements, standards and limits

applicable to the proposed activities.

28. Preparation of the final environmental scoping report for Category B listed

project activities

(3) After preparation of the draft Environmental Management Plan, the proponent must

prepare the final environmental scoping report;

(4) The final environmental scoping report referred to in subregulation (1) must be

prepared in accordance with provisions of these regulations.

32

29. Public consultations for final scoping and draft EMP reports for Category B

listed project activities

(5) After preparation of the draft Environmental Management Plan and Final

Environmental Scoping report in accordance with these regulations, the proponent

must conduct the second public consultation process in order for the proponent to

present the outcomes and findings of the environmental assessment process to the

public and registered stakeholders as part of the application stages for environmental


(6) The public consultation process shall be conducted in accordance with part 3 of

these regulations including organising a public meeting / workshop as may be

necessary in accordance with the requirements of the regulation 13 (i) (e);

(7) On completion of conducting the public consultations process in accordance with

these regulations, the proponent must incorporate all comments, inputs or objections

received from the pubic and stakeholders in the draft environmental management

plan and final environmental scoping reports as part of the process of finalizing the

reports;

(8) Upon incorporation of all the stakeholders contributions, the proponent must finalize

the reports and the final environmental impact assessment, final environmental

management plan and final environmental scoping reports may be submitted to

Environmental Commissioner as part of an application for environmental clearance

certificate.

30. Application for environmental clearance certificate (Submission of final

reports: scoping, and EMP for Category B projects activities)

(2) The application for an environmental clearance certificate with final environmental

scoping, final environmental management plan and final environmental scoping

must be -




(b) submitted to the Environmental Commissioner and /or designated competent

authority in terms of the Act.

33

PART 6: ENVIRONMENTAL COMMISSIONERS RECORDS OF DECISIONS

31. Considerations of notification for project registration

(1) On receipt of a notification for project registration in terms of these regulations, the

Environmental Commissioner must -

(a) register the notification for project registration in either Category A or B

notification register;

(b

)

within twenty-one (21) working days of receipt of the notification for project

registration consider and notify the proponent in writing of the -

(i) acceptance of the notification for project registration for category A or B

listed activities;

(ii) rejection of the notification for project registration if it does not comply

with the Act, these regulations and guidelines, if any; and

(iii) decision if the proposed activity does not require environmental clearance

certificate in terms of the regulations.

(2) A notification for project registration that has been rejected in terms of

subregulation (1) (b) (ii) may be amended and be resubmitted by the proponent.

(3) On receipt of an amended notification for project registration in terms of

subregulation (2) the Environmental Commissioner must reconsider the notification

for project registration in terms of subregulation 1(b).

(5) The Environmental Commissioner must notify the proponent in writing of the

decision under subregulations (1), (2) and (3).

34

32. Considerations of application for environmental clearance certificate and

exceptions

(1) On receipt of an application for an environmental clearance certificate in terms of

these regulations, the Environmental Commissioner must -

(a) register the application for environmental clearance certificate in either

Category A or B environmental clearance certificate application register;

(c) Within twenty-one (21) working days after submission of the application, the

Environmental Commissioner must, together with all the comments/input/

objections received, consider and notify the proponent in writing of the -

(i) acceptance of the application for environmental clearance certificate; or

(ii) rejection of the application for environmental clearance certificate if it

does not comply with the provisions of these regulations for Category A

or Category B listed activities; or

(iii) decision send the application for external review at the cost of the

proponent.

(iv) decision to recommend the application for Cabinet decision through the

Minister if the project activity is of national security or greater public

interest.

(2) An application for an environmental clearance certificate that has been rejected in

terms of subregulation (1)(b)(ii) may be amended and be resubmitted by the

proponent.

(3) On receipt of an amended application for an environmental clearance certificate in

terms of subregulation (2) the Environmental Commissioner must reconsider the

application for an environmental clearance certificate in terms of subregulation 1(a),

(b) and (c)

(4) Within twenty-one (21) working days of receipt of the application, the

Environmental Commissioner must, together with all the comments/input/ objections

received consider and notify the proponent in writing of the --

(a) decision to approve or reject the application for an environmental clearance

certificate;

(b

)

in the event of an approval, request the submission by the proponent of an

independently managed and already funded (liquid) financial environmental

guarantee (security) such as a bond, insurance policy, etc to be ceded to the

Commission and acceptable to the Environmental Commissioner for project

activities requiring rehabilitation, closure, restoration and aftercare in term of

the Act and these regulations.

(c) on receipt and verification of the independently managed and already funded

35

(liquid) financial environmental guarantee (security) and payment of the fee

prescribed in Annexure 2 to these regulations, and subject to such conditions, if

any, as the Environmental Commissioner may deems necessary, issue the

environmental clearance certificate to the proponent.

(5) On receipt of an exception application for an environmental clearance certificate in

terms of regulations, the Environmental Commissioner must -

(a) register the application for an environmental clearance certificate exception in

the environmental clearance certificate exception application register;

(b

)

within twenty-one (21) working days of receipt of the application accept the

application for environmental clearance certificate exception and inform the

proponent in writing; or

(c) within twenty-one (21) days working of receipt of the application reject the

application for environmental clearance certificate exception and in writing,

direct the proponent to comply with the provisions of these regulations for

Category A or Category B listed activities;


decision under subregulations (1), (2), (3), (4) and (5).

33. Validity and renewal of environmental clearance certificate

(1) Environmental clearance certificate is valid for a period of not more than five (5)

years and may be renewed –

(a) if the proponent has complied with all the conditions of the environmental


(b) if the proponent has submitted all the environmental performance monitoring

reports for the period under review as may be prescribed as one of the

conditions on the environmental clearance certificate or in these regulations.

(2) If the proponent did not comply with the conditions of the Environmental

clearance certificate submitted for renewal, the Environmental Commissioner

may-

(a) request the proponent for an explanation for not complying with the conditions

of the environmental clearance certificate

(b) request the proponent to submit additional information thereof as may be

required;

(c) reject the renewal application and request the proponent to register the project

and implement environmental assessment process in accordance with these

regulations

36

(3) The environmental clearance certificate renewal application must be submitted to

the Environmental Commissioner ninety (90) days before the expiry date.

(4) The application for renewal of the environmental clearance certificate under the

Act, must be -



Commissioner and other designated offices;

(b) accompanied by the fee prescribed in Annexure 2 to these regulations; and

(c) submitted to the Environmental Commissioner.

(5) On receipt of a renewal application for an environmental clearance certificate in

terms of regulations, the Environmental Commissioner must within twenty-one

(21) working days of receipt of the renewal application-

(a) register the renewal application for an environmental clearance certificate in

the environmental clearance certificate renewal application register;

(b) accept the application for environmental clearance certificate renewal and

inform the proponent in writing; or

(c) reject the application for renewal application for environmental clearance

certificate and in writing and direct the proponent to comply with the

provisions of these regulations for Category A or Category B listed activities

or as the case may be;


decision under subregulations (1), (2), (3) and (4).

34. Amendment of an environmental clearance certificate

(1) Application for an amendment of the environmental clearance certificate under the

Act, must be -




(b) accompanied by the fee prescribed in Annexure 2 to these regulations; and

(c) submitted to the Environmental Commissioner.

(5) On receipt of an application for amendment of the environmental clearance

certificate in terms of subregulation (1), the Environmental Commissioner must -

(a) register the application for amendment of the environmental clearance

certificate in the environmental clearance certificate Amendments register;

(b within twenty-one (21) working days of receipt of application for amendment


Note timing

37

) of the environmental clearance certificate consider and notify the proponent of

the environmental clearance certificate in writing of -

(i) the approval of the application for amendment of the environmental

clearance certificate; or

(ii) the rejection of the application for amendment of the environmental

clearance certificate if it does not comply with the regulations;

(iii) the decision to grant the holder an opportunity to submit further

representations on the proposed amendment, in writing.

(6) An application for amendment of an environmental clearance certificate that has

been rejected in terms of subregulation (1)(b)(ii) may be amended and be

resubmitted by the holder.

(7) On receipt of an amended application for amendment of the environmental clearance

certificate in terms of subregulation (2) the Environmental Commissioner must

reconsider the application for amendment of the environmental clearance certificate

in terms of subregulation 1(b).

(8) The Environmental Commissioner must within twenty-one (21) working days from

the date of receiving the application for amendment of the environmental clearance

certificate in writing-

(i) notify the proponent of the decision to approve or reject the application for

amendment of the environmental clearance certificate

(ii) in case of approval of the application request the submission of an

independently managed and funded (liquid) financial environmental

guarantee (security) such as a bond, insurance policy, etc to be ceded to the

Commission and acceptable to the Environmental Commissioner for projects

and activities requiring rehabilitation, closure, restoration and aftercare

(iii) on submission of an independently managed and funded (liquid) financial

environmental guarantee (security) such as a bond, insurance policy, etc to

be ceded to the Commission and on payment of the fee prescribed in

Annexure 2 to these regulations, and subject to conditions, if any as the case

may be, approve the application for amendment of the environmental

clearance certificate.

(5) The Environmental Commissioner must notify the proponent of an Environmental

Clearance Certificate in writing of the decision under subregulations (1), (2), (3) and

(4).

38

35. Transfer of environmental clearance certificate

(1) An application for the transfer of an environmental clearance certificate in terms of

the Act must be -




(b) accompanied by the relevant documents evidencing the need for the transfer;

(c) accompanied by the fee prescribed in Annexure 2 to the regulations; and

(d) submitted to the Environmental Commissioner.

(6) On receipt of an application for the transfer of an environmental clearance certificate

in terms of subregulation (1), the Environmental Commissioner must -

(a) register the application for transfer of the environmental clearance certificate in

the transfer of the environmental clearance certificate register;

(b

)

within twenty-one (21) working days of receipt of application for transfer of the

environmental clearance certificate consider and notify the proponent for the

transfer of the environmental clearance certificate in writing of the -

(i) approval of the application for transfer of the environmental clearance

certificate; or

(ii) rejection of the application for transfer of the environmental clearance

certificate if it does not comply with the regulations;

(iii) decision to give the holder an opportunity to submit further

representations on the proposed transfer, in writing.

(7) An application for transfer of environmental clearance certificate that has been

rejected in terms of subregulation (1)(b)(ii) may be amended and be resubmitted by

the proponent.

(8) On receipt of an amended application for the transfer of environmental clearance

certificate in terms of subregulation (2) the Environmental Commissioner must

reconsider the application for transfer of the environmental clearance certificate in

terms of subregulation 1(b).

(9) The Environmental Commissioner must within twenty-one (21) working days from

the date of receiving the application for amendment of the environmental clearance

certificate in writing-

(i) notify the proponent of the decision on the application for transfer of the

environmental clearance certificate

(ii) if approved, notify the proponent to submit to the Commission an

independently managed and funded (liquid) financial environmental

guarantee (security) such as a bond, insurance policy etc to be ceded to the

Commission and acceptable to the Environmental Commissioner for projects

39

and activities requiring rehabilitation, closure, restoration and aftercare.

(ii) on submission to the Commission of an independently managed and funded

(liquid) financial environmental guarantee (security) such as a bond,

insurance policy etc to be ceded to the Commission and on payment of the

fee prescribed in Annexure 2 to the regulations, and subject to conditions, if

any as the case may be, approve the application for transfer of the

environmental clearance certificate.

(5) The Environmental Commissioner must notify the proponent of an Environmental

Clearance Certificate in writing of the decision under subregulations (1), (2), (3) and

(4).

PART 7: ADMINISTRATIVE MATERS

36. Appeals in terms of act

(1) This part applies to decisions that are subject to an appeal to the Minister in terms of

the Act

(2) An appeal in terms of the Act must be-

(a) made within twenty-one (21) working days from the date of receipt of

notification of a decision in terms of the these regulations;

(b) made on a form which corresponds substantially with Form 6 of Annexure 1 to


Commissioner and other designated offices;

(c) accompanied by the a fee prescribed in Annexure 2; and

(d) submitted to the Minster.

(7) The Minister must designate a staff member within the Ministry as the secretary for

the purpose of an appeal in terms of the Act, who must perform administrative

functions relating to appeals.

(8) The secretary designated in terms of subregulation (3), must acknowledge an appeal

within twenty-one (21) working days from the date of its receipt.

(9) If the appellant is an proponent for an Environmental Clearance Certificate, or a

transfer or an amendment thereof, the appellant must serve on each person registered

as a stakeholder as may be applicable in relation to the proponent’s application -

(a) a copy of the appeal referred to in subregulation (2); and

(b

)

a notice indicating where and for what period the appeal submission is

available for inspection by the stakeholders

40

(10) If the appellant is a person other than an proponent, the appellant must serve on the

proponent -

(a) copy of the appeal application referred to subregulation (2); and

(b) a notice indicating where and for what period the appeal submission is

available for inspection by the proponent.

(13) The Minister may in writing, on good cause extend the period within which an

appeal must be submitted.

(14) A person that receives a notice in terms of subregulation (5), or an proponent who

receives a notice in terms of subregulation (6), may submit to the Minister, a

responding statement within twenty-one (21) days from the date the appeal

submission was made available for inspection in terms of that section.

(15) A proponent who submits a responding statement in terms of subregulation (8),

(hereinafter referred to as “a respondent”), must serve a copy of the responding

statement on the appellant.

(16) If a respondent introduces any new information not dealt with in the appeal

submission of the appellant, the appellant is entitled to submit an answering

statement to such new information to the Minister within twenty-one (21) of receipt

of the responding statement,

(17) The appellant must serve a copy of the answering statement on the respondent who

submitted the new information.

(18) The Minister may, in writing, on good cause extend the period within which

responding statements or an appellant’s answering statement in terms of must be

submitted.

(19) Receipt by the Minister of an appeal, responding statement or answering statement

must be acknowledged within twenty-one (21) of receipt of the appeal, responding

statement or answering statement.

(20) An appellant and each respondent is entitled to be notified of the appointment of an

appeal panel in terms of the Act, if the Minister appoints an appeal panel for

purposes of the appeal.

(21) The Minister may request the appellant or a respondent to submit such additional

information in connection with the appeal as the Minister may require.

37. Decision on appeals

(1) If the Minister has reached a decision on appeal in terms of the Act, the appellant,

each respondent and the competent authority must be notified in writing of the

decision.

41

38. Keeping of records and registers

(1) The record of decisions required to be kept in terms of the Act must include -

(a) decision taken on notification for project registrations;

(b) decision taken on applications for environmental clearance certificates;

(c) decision taken on amendments on the applications for environmental clearance

certificates;

(d) decision taken on the applications for transfer of the environmental clearance

certificates;

(e) decision taken on the applications for Environmental Certificate Clearance

exceptions;

(f) decision taken on appeals made.

(8) The registers required to be kept in terms of the Act and these regulations must

include Categories A and B registers for -

(a) notifications for project registration;

(b

)

applications for environmental clearance certificates;

(c) amendments applications for environmental clearance certificates;

(d

)

transfers of environmental clearance certificates;

(e) exceptions;

(f) appeals.

(15) The registers required to be kept in terms of subregulation (2) must contain the

number and nature of the information related to subregulations (2) (a), (b), (b), (c),

(d), (e) and (f).

39. Service of documents

(1) For the purpose of the Act and these regulations a notice is given to a person or a

person is informed of a decision, if a document to that effect is -

(a) delivered personally to that person;

(b) sent by registered post to the persons last known address;

(c) left with a person over the age of 16 apparently residing at or occupying or

employed at the person’s last known address; or

(d) in the case of a business-

(i) delivered to the a responsible employee at its registered offices or its

principal place of business in Namibia;

(ii) left with a person apparently over the age of 16 apparently residing at or

42

occupying or employed at its registered address or principal place of

business;

(iii) sent by registered post addressed to the business at its last known

addresses; or

(iv) transmitted by means of a facsimile transmission or electronic mail (e-

mail) to the person concerned at the registered office of the business.

40. Manner of payment of fees

(1) The payment of all fees or other moneys payable under the regulations must be paid

to the general fund of the Namibia Environmental Commission.

(2) Proof of such payment must be attached to any notification, application, amendment,

transfer, exception or appeal lodgments made to the Environmental Commissioner in

terms of these regulations

41. Penalties and offences

(1) A person commits an offence if that person -

(a) Undertakes or implements or operate as the case may be, a Category A or B

listed project activity without an Environmental Clearance Certificate.

(b) knowingly provides false or misleading information in any document submitted

in terms of the Act to the Environmental Commissioner:

(c) knowingly and without the consent of the Environmental Commissioner -

(i) makes or causes to be made any entry on a document;

(ii) destroys or defaces any document; or

(iii) alters or causes to be altered any entry on a document issued by the

Environmental Commissioner.

(8) A person who commits an offence in terms of these regulation is on conviction liable

to a fine not exceeding N$ 500,000.00 or to imprisonment for a period not exceeding

two (2) years or to both the fine and imprisonment.

43

ANNEXURE 1: FORMS

Form 1: Notification for Project registration

Form 2: Application for new, amendments / renewal Project Environmental Clearance

Certificate

Form 3: Application for Amendment of conditions of Project Environmental Clearance

Certificate

Form 4: Application Transfer of Project Environmental Clearance Certificate for a

project

Form 5: Application for Exception for Project Environmental Clearance Certificate for

Listed Project Activities A or B not Listed Category C

Form 6: Project Appeal application

ANNEXURE 2: FEES PAYABLE

44

ANNEXURE 3: SCREENING LIST OF LISTED PROJECT ACTIVITIES AND EXCEPTIONS

A List of Project Activities: Category A

B List of Project Activities: Category B

C. Listed of Project Activities: Excepted in terms of Act

ANNEXURE 1:

Form 1

REPUBLIC OF NAMIBIA

ENVIRONMENTAL MANAGEMENT ACT,

2007 (Section 63) As AMENDED


NOTIFICATION FOR PROJECT REGISTRATION

PART A: DETAILS OF PROPONENT

Type of Notification NewAmended

Tick () the appropriate box

(i) NATURAL PERSON

NamesNationality * Date of BirthPhone No. Fax No.Physical Address Postal Address

45

* Copy of Identification Document or Passport to be attached

(ii) COMPANY *

NameRegistration Number Registration DatePhone No. Fax No.Physical Address Postal Address

* Copy of Registration Certificate to be attached

PART B: SCOPE OF THE PROJECT ACTIVITY REQUIRING REGISTRATION

Title of Activity*

Registration (Screening Results)Category A or B

Regional Location with GPS Coordinates if Known Area / District

Rural / Urban Area

Nature of Activity

Extent of Activity

* Draft Environmental Scoping Report to be attached with detailed location map shown clearly in the attachments

PART C: DECLARATION BY PROPONENT / REPRESENTATIVE

I hereby certify that the particulars given above are correct and true to the best of my knowledge and belief. I understand the environmental clearance certificate may be suspended, amended or cancelled if any information given above is false, misleading, wrong or incomplete.

46

Signature of Proponent / Full Name in Block Letters PositionRepresentative

on behalf of Date

FOR OFFICIAL USE ONLY - PROJECTS NOTIFICATIONS REGISTRY

Reference No.

Signature and

Official Stamp/Seal

New Notification Amended Notification

Notification Fee Paid N$

Draft Environmental Scoping Attached

YES

NO

Date

47

ANNEXURE 1Form 2

REPUBLIC OF NAMIBIA




APPLICATION FOR PROJECT ENVIRONMENTAL CLEARANCE CERTIFICATE


Type of Application NewAmended Renewal


(i) NATURAL PERSON



(ii) COMPANY *

NameRegistration Number Registration DatePhone No. Fax No.Physical Address Postal Address


PART B: SCOPE OF THE PROJECT ACTIVITY REQUIRING ENVIRONMENTAL CLEARANCE CERTIFICATE

Title of Activity*

Registration (Screening Results) Category A or B

48

Regional Location Including GPS Coordinates if Known* Area / District

Rural / Urban Area

Nature of Activity

Extent of Activity

Does the Activity Require Rehabilitation, Closure and Aftercare Type, Name and Number of Environmental Liabilities Financial Guarantee Posted

* Final Environmental Impact Assessment (EIA) and Environmental Management Plan (EMP) Reports with detailed location map shown clearly in the attachments




on behalf of Date

FOR OFFICIAL USE ONLY – PROJECTS ENVIRONMENTAL CLEARANCE CERTIFICATE APPLICATIONS REGISTRY

Reference No.

Signature and

New Application Amended Application Renewal Application

49

Official Stamp / Seal Application Fee N$Type, Name and Number of Environmental Liabilities Financial Guarantee Posted Environmental Impact Assessment (EIA) and Environmental Management Plan (EMP) Reports Attached

YES

No

Date

50

ANNEXURE 1Form 3

REPUBLIC OF NAMIBIA




APPLICATION FOR AMENDMENT OF CONDITIONS OF ENVIRONMENTAL

CLEARANCE CERTIFICATE FOR A PROJECT


Type of Amendment New Amendment Amended Amendment


(iii) NATURAL PERSON



(iv) COMPANY *

Full NameRegistration Number Registration DatePhone No. Fax No.Physical Address Postal Address


PART B: PARTICULARS OF CURRENT ENVIRONMENTAL CLEARANCE CERTIFICATE

Name of current holder of Environmental Clearance Certificate

51

Date of Issue of current Environmental Clearance Certificate

Title of ActivityRegistration (Screening Results)Category A or B Regional Location with GPS Coordinates if Known* Area / District

Rural / Urban Area

Nature of Activity

Extent of Activity

Sector / Sub sector Does the Activity Require Rehabilitation, Closure and Aftercare Type, Name and Number of Financial Environmental Liabilities Guarantee Posted

* Detailed Location Map to shown clearly in the attachments

PART C: PROPOSED AMENDMENTS TO THE CONDITIONS IN CURRENT ENVIRONMENTAL CLEARANCE CERTIFICATE

Condition(s) on the Current Environmental Clearance CertificateProposed Amendment(s)

Reason for Amendment(s):

PART D: DECLARATION BY PROPONENT / REPRESENTATIVE

I hereby certify that the particulars given above are correct and true to the best of my knowledge and belief. I understand the environmental clearance certificate may be suspended, amended or cancelled if any information given above is false, misleading,

52

wrong or incomplete.


on behalf of

FOR OFFICIAL USE ONLY – PROJECTS AMENDMENTS APPLICATION REGISTRY

Reference No. Signature and

Official Stamp / SealNew Amendment Amended Amendment Application Fee N$

Type, Name and Number of Environmental Liabilities Financial Guarantee Posted

Date

ANNEXURE 1:Form 4

REPUBLIC OF NAMIBIA



53


APPLICATION FORM FOR TRANSFER OF ENVIRONMENTAL

CLEARANCE CERTIFICATE FOR A PROJECT

PART A: DETAILS OF CURRENT PROPONENT

(i) NATURAL PERSON



(ii) COMPANY *

NameRegistration Number Registration DateTelephone No. Fax No.Physical Address Postal Address


PART B: DETAILS OF THE NEW PROPONENT

(i) NATURAL PERSON

NamesNationality * Date of BirthTelephone No. Fax No.Physical Address Postal Address

54


(ii) COMPANY *

NameRegistration Number Registration DateTelephone No. Fax No.Physical Address Postal Address


PART C: PARTICULARS OF CURRENT ENVIRONMENTAL CLEARANCE CERTIFICATE

Name of current holder of Environmental Clearance CertificateDate of Issue of current Environmental Clearance CertificateTitle of Activity

Registration (Screening Results)Category A or B Type, Name and Number of Environmental Liabilities Financial Guarantee Posted


PART D: PROPOSED TRANSFER OF THE CURRENT ENVIRONMENTAL CLEARANCE CERTIFICATE

Condition(s) on the Current Environmental Clearance CertificateReason for transfer:

55

PART D: DECLARATION BY PROPONENT / REPRESENTATIVE



on behalf of

FOR OFFICIAL USE ONLY – PROJECTS TRANSFERS APPLICATION REGISTRY

Reference No.

Signature and Official Stamp / Seal

New Transfer Amended Transfer Application Fee N$

Type, Name and Number of Environmental Liabilities Financial Guarantee Posted

Date

Types of Activities

ANNEXURE 1Form 5

REPUBLIC OF NAMIBIA

ENVIRONMENTAL MANAGEMENT ACT, 2007

(Section 63) As AMENDED


56

APPLICATION FORM FOR EXCEPTION FOR

ENVIRONMENTAL CLEARANCE CERTIFICATE FOR LISTED

PROJECT ACTIVITIES


Type of Application NewAmended Renewal


(iii) NATURAL PERSON



(iv) COMPANY *

Full NameRegistration Number Registration DatePhone No. Fax No.Physical Address Postal Address


PART B: SCOPE OF THE PROJECT ACTIVITY REQUIRING ENVIRONMENTAL CLEARANCE CERTIFICATE EXCEPTION

Title of ActivityRegistration (Screening Results) Category A or B

Regional Location Including GPS Coordinates if Known* Area / District

Rural / Urban Area

Nature of Activity

57

Extent of Activity

Sector / Sub sector Does the Activity Require Rehabilitation, Closure and Aftercare Type, Name and Number of Environmental Liabilities Financial Guarantee Posted Reasons for Appling for Environmental Clearance Certificate Exception





on behalf of Date

FOR OFFICIAL USE ONLY – PROJECTS ENVIRONMENTAL CLEARANCE CERTIFICATE EXCEPTION REGISTRY


Official Stamp / SealNew Exception Amended Exception Renewal Application Fee N$

Type, Name and Number of Environmental

58

Liabilities Financial Guarantee Posted DateType of Activities

59

ANNEXURE 1Form 6

REPUBLIC OF NAMIBIA




PROJECT APPEAL APPLICATION

To: Minster

1. Full name of Appellant:

...................................................................................................................................................

2. Address of Appellant:

....................................................................................................................................................

....................................................................................................................................................

...................................................................................................................................................

Phone No. ......................................................... Fax No. .................................................

3. Full name and address of Duly Authorised Representative for service:

....................................................................................................................................................

...................................................................................................................................................

Telephone No. .....................................................Fax No.........................................................

4. Details of decision appealed against:(Attach a copy of decision and indicate the particular aspect being the subject of appeal.)

....................................................................................................................................................

....................................................................................................................................................

....................................................................................................................................................

5. The grounds of appeal are:

.....................................................................................................................................................

.....................................................................................................................................................

60

.....................................................................................................................................................

6. A detailed description of the matter to which the appeal relates is as follows:

.....................................................................................................................................................

.....................................................................................................................................................

.....................................................................................................................................................

7. A description of each document or thing the appellant intends to produce at the hearing is as follows:

.....................................................................................................................................................

.....................................................................................................................................................

.....................................................................................................................................................

8. The name, address, telephone number, fax number and title of each witness the appellant intends to call on his behalf at the hearing is:

.....................................................................................................................................................

.....................................................................................................................................................

.....................................................................................................................................................

9. The particulars of evidence to be given by the witnesses are:

.....................................................................................................................................................

.....................................................................................................................................................

.....................................................................................................................................................

(Appellant) .Dated this ................................................ day of ......................................................................

Please Note:

1. This form must be completed fully in writing in accordance with the directions specified in the form and lodged with the Secretary of the Appeal Panel

61

FOR OFFICIAL USE ONLY – PROJECT APPEALS APPLICATIONS REGISTRY


Official StampNew Appeal Application Amended Appeal Application Application Fee N$

Date

Type of Activities

ANNEXURE 2

PROJECT ACTIVITIES FEES PAYABLE IN TO THE GENERAL FUND OF NAMIBIA ENVIRONMENTAL COMMISSION

1. The fees set out in this Annexure are payable in terms of these regulations.

2 Payments must be made as prescribed in regulations

Item Fee payable for Fees Payable N$

1. Notification for Category A and B projects registration (New and Renewals)

500.00

2. Application for environmental clearance certificate for Category A listed project activities (New and Renewals)

5000.00

3. Application for environmental clearance certificate for Category B listed projects activities

1500.00

4. Application for environmental clearance certificate exception for Categories A and B listed Projects

5000.00

5. Application for amendment of environmental clearance certificate for project activities

3500.00

6. Application for transfer of environmental clearance certificate for project activities

2500.00

7. Appeal application for project activities 10, 000.00

ANNEXURE 3A

LIST OF PROJECT ACTIVITIES UNDER CATEGORY A

SECTOR TYPICAL CATEGORY A PROJECTS BOUNDARY CONDITIONSAll Sectors All activities that may have significant

environmental impactsAs may be directed by the Environmental Commissioner if NOT listed under Category A

Agriculture, Irrigation and Related Activities

1. Large scale land clearance/ conversions/ reclamation to commercial agriculture – on commercial and communal farm land

Clearing / Conversion / Reclamation of more than 15 ha specified in the Forestry Act Specific size or Specific protected species

2. Surface water fed irrigation projects Covering more than 50 ha3. Groundwater fed irrigation projects4. Construction of veterinary protected area

or game proof and international boundary fences

More than 15 km or 50 ha

5. Commercial meet and hides processing facilities

All commercial meat and hides processing facilities

Introduction of alien species

1. The introduction of alien species into local ecosystems

As listed in the alien species list for Namibia adopted by the Commission

Energy

1. Construction of thermal power stations and other combustion installations

Due to high carbon dioxide (CO2) emissions, the boundary condition is for all plants more than 10 MW?

2. Construction of hydroelectric power schemes

All hydroelectric power schemes

3. Development of renewable energy parks (Solar, Wind, Geothermal etc)

More than 5 MW

4. Construction of overhead/ underground electrical power transmission lines

Voltage of 66kV or higher

5. Construction of facilities for nuclear reaction, including production, enrichment, processing, reprocessing, storage or disposal of nuclear fuels, radioactive products and waste.

Any nuclear related facility including research

Mining, Test Mining, Quarrying and Crushers Activities

1. Site-specific detailed / advanced exploration covering bulk sampling and detailed drilling / Prefeasibility and Feasibility Study for Mining License Application

Site-Specific bulk sampling and detailed drilling programmes / Prefeasibility and Feasibility Study for Mining License Application

2. All onshore open cast or underground test mining and mining of metallic and energy producing minerals

All sizes of Mining License (ML) Applications (small, medium, large)

3. All offshore test mining, dredging and mining operations

4. Surface industrial installations for extraction of any natural resources such as minerals, coal, peat and ores

5. Large scale on-site mineral processing facilities and all related resource extraction, manipulation, conservation and related activities

63


Why voltage as decision factor? SEA needed


What about existing game farms?

SECTOR TYPICAL CATEGORY A PROJECTS BOUNDARY CONDITIONS

Mining, Test Mining, Quarrying and Crushers Activities

6. Other forms of test mining and mining or extraction of any natural resources whether regulated by law or not including road stones, gravel, sand and clay mining

7. Deep drilling, such as for geothermal, water and oil supplies

8. Importation of minerals for processing, refining or smelting in Namibia

9. Offshore geophysical surveys All surveys excluding and aerial surveys

10. Onshore detailed ground geophysical surveys Surveys requiring supporting infrastructures such as camp site, road and profiles cut lines

Petroleum (Oil and Gas) Exploration, Production, Refinery and Bunkering Offshore

1. Offshore geophysical surveys All surveys excluding and aerial surveys

2. Onshore geophysical surveys Surveys requiring supporting infrastructures such as camp site, road and profiles cut lines excluding and aerial surveys

3. Onshore and offshore well drilling operations including well testing activities or drilling of stratigraphic wells

All sizes of Petroleum (Oil and Gas) Exploration, Production and Refinery Project Activities (small, medium large)

4. Hydraulic fracturing 5. Extraction or processing of gas from natural and non-natural resources, including gas from landfill sites.6. Installation of onshore or offshore production infrastructure for petroleum and natural gas extraction 7. Installation of onshore or offshore pipelines8. Decommissioning of production infrastructure9. Construction, operation and decommissioning of storage or refinery facilities

Marine Fisheries and processing including Aquaculture

All commercial fisheries and processing operations related to marine fisheries including the exercise of rights of quota holder

All commercial fishing and processing operations

Marine, Coastal, River and Other related large-scale Infrastructure Development

Construction, operation and closure / aftercare of -o Large scale expansion, upgrading of ports and

harbourso Dredging operations o Coastal and marine related infrastructure such as

jetties, dykes, coastal defences, rock barrierso Cement plant / large-scale packaging facilities o Development of new / upgrading of existing national

logistic hubs o Ports for inland waterways o Oil, water, gas and petrochemical and other bulk

supply pipelineso Marine and coastal developments o Cablewayso Telecommunication lines and cableso Motor vehicle, motorcycle and motor powered

vehicles racing and test tracks, including motor cars, trucks, motorcycles, quad bikes, boats and jet skis

o Masts including those used for telecommunication

All commercial / experimental use

64


Why telecom lines, but not all powerlines?


Ambiguity with Category B for same

broadcasting and radio transmission, but excluding flag poles and lightning conductor poles

o Military demonstration and testing siteso Cemeterieso Any construction in water courses within the 1:50

year flood line SECTOR TYPICAL CATEGORY A PROJECTS BOUNDARY CONDITIONSTourism 1. Coastal developments for tourism More than 50 rooms

2. Any tourism related coastal development Anywhere in the coastal zone, if it is in an urban area, then subject to the area’s zoning and other requirements

3. Construction of resorts, lodges, hotels or other tourism and hospitality facilities

Outside proclaimed settlement / municipal land

4. Infrastructural development in Protected Areas

All Infrastructural development in Protected Areas

Trade 1. Trade involving hazardous materials – Restricted or prohibited by international treaties

Transport

2. Construction of new and upgrading of roads and motorways

Applicable to all areas outside municipal / proclaimed land

3. The route determination of roads and design of associated physical infrastructure where it is a pubic road, the road reserve is 30 meters wide or the road caters for more than one lane of traffic in both directions.

4. Development of rail infrastructure including elevated and underground railways and suspended lines

5. Airports/ runways With a basic runway length of 2100 m or over 1000 m

6. Logistics Transportation of any hazardous materials as per these regulations

Transportation, Treatment, handling and storage of hazardous substances

1. The manufacturing, storage, handling or processing of any hazardous substances

As defined in the Hazardous Substances Ordinance, 1974.

2. Any process or activity which requires a permit, licence or other form of authorization, or the modification of or changes to existing facilities for any purpose or activity which requires an amendment of an existing permit, licence or authorization or which requires a new permit, licence or authorization in terms of a law governing the generation of release of emissions, pollution, effluent or waste

Applicable in terms of a law governing the generation of release of emissions, pollution, effluent or waste

3. The bulk transportation of dangerous goods using pipelines, funiculars or conveyors

Throughput capacity of 50 tons or 50 cubic meters or more per day.

4. The storage and handling of dangerous goods, including petrol, diesel, liquid petroleum or gas or paraffin

Tanks or containers with a combined capacity of more than 30 cubic meters at any one location

Waste Management

1. Construction, operation and closure / aftercare of large-scale industrial and domestic waste water treatment plants and related pipeline systems

All liquid waste disposal sites

2. Construction, operation and closure / aftercare of industrial/ domestic / general solid waste disposal facilities

All solid waste disposal sites

3. Construction, operation and closure / aftercare of waste disposal installations for the incineration, chemical treatment or landfill of toxic, hazardous and dangerous wastes All waste disposal installations

4. Construction, operation and closure /

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aftercare for temporary storage or permanent or final disposal of radioactive waste

5. Import, processing, use and recycling, temporary storage, transit or export of waste

6. Any activity entailing a scheduled process referred to in the Atmospheric Pollution Prevention Ordinance, 1976.

SECTOR TYPICAL CATEGORY A PROJECTS BOUNDARY CONDITIONS

Water Supply and Sanitation

1. Developments within a river basin 1:50 year flood line as minimum standard

2. Construction, operation and closure / aftercare of large scale irrigation schemes

More than 200 ha

3. Large scale canalisation and flood relief works, including the diversion of the normal flow of water in a riverbed and water transfer schemes between water catchments and impoundments

Affecting a regional river or area >200 ha

4. Construction of large dams and reservoirs

In terms of inundated area of more than 200 ha or dam height of more than 10 m

5. Large scale land drainage Affecting sensitive habitats or areas over 200 ha

6. Land reclamation Below or above the high-water mark of the sea or associated inland waters

7. Alteration of natural wetland systems

Any size

8. The abstraction of seawater for desalination plants and release of brine back into the ocean by desalination plants

All sizes

9. Abstraction of ground or surface water

For industrial or commercial purposes Exceeding the threshold authorised in

terms of a law relating to water resources Abstraction of water from a river forming

an international boundary

10. Construction of levees and weirs In perennial rivers or transboundary rivers

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ANNEXURE 3B

LIST OF PROJECT ACTIVITIES UNDER CATEGORY B

SECTOR TYPICAL CATEGORY B PROJECTS BOUNDARY CONDITIONSAll Sectors All activities that may have potential adverse

environmental impactsAs my be directed by the Environmental Commissioner if NOT listed under Category B below

Agriculture, Irrigation and Related Activities

1. Smaller scale land clearance/ conversions/ reclamation to commercial agriculture

Clearing / Conversion / Reclamation of more than 50 ha

2. Surface water fed irrigation projects Covering more than 10 ha but less than 50 ha3. Groundwater fed irrigation projects

4. Significant increase in cultivation over a land area already being cultivated

More than 50 ha

5. 5. New and conversion of open range rearing of cattle / livestock to industrial scale feedlots, chicken broilers, piggeries, etc.

All industrial / commercial scale projects

6. 6. Construction of veterinary protected area or game proof and international boundary fences

More than 1.5 km or 50 ha

7. Large-scale debushing of bush encroached areas

By species listed Method: Chemical or bush harvesting More than 10 ha

8. Introduction of Invasive Species Any invasive species

Brick making and related industry / activities

1. Sand mining operations2. Quarry for gravel 3. Brick making outside / municipal

proclaimed area

All commercial activities

Energy

1. Construction, operation and closure / aftercare of thermal power stations and other combustion installations

Due to high carbon dioxide (CO2) emissions, the boundary condition is for all plants more than 1 MW but smaller than 10MW

2. Construction, operation and closure / aftercare of small scale hydroelectric power schemes

All hydroelectric power schemes smaller than 10MW

3. Development of commercial renewable energy parks (Solar, Wind, Geothermal etc)

More than 1 MW but less than 5MW

4. Construction of oil and gas pipelines and installations

Less than 1.5 km

5. Construction of overhead electrical power transmission lines

Voltage levels below 66kV [of 225kV or more than 1.5km long].

Commercial Freshwater and Aquaculture Operations

1. Industrial fisheries, fish and shell fish farming in sensitive freshwater environments

All activities undertaken in proclaimed aquaculture development zones as may be required under the Fisheries Act

2. Construction of facilities for aquaculture production

All facilities developed in an area proclaimed as an aquaculture development zone or as may be required under the Aquaculture Act, 2002.

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Ambiguity with same issue under Category A

SECTOR TYPICAL CATEGORY B PROJECTS BOUNDARY CONDITIONSForestry 1. Plantation of trees/ forests / or reforestation

Covering more than 50 ha or as may be required by the Forest Act, 2001

2. Wood processing and treatment facilities3. The clearance of forest areas, deforestation,

afforestation, timber harvesting or any other related activity that requires authorization

4. Commercial charcoal production Required permitting under the Forest Act, 2001

Genetically Modified Organisms or Plants

1. Laboratory experimental genetic modification of any organism/s / plant/s with the purpose of fundamentally changing the inherent characteristics of that organism / plant/s All laboratory based genetic

modification of any organism/s / plant/s

2. Laboratory experimental processing and transit of genetically modified organism/s or plant/s

3. Controlled experimental release of genetically modified organism/s / plant/s into the environment.

Infrastructure Development

1. Airfields and airstrips Of any length to be constructed in environmentally sensitive areas

2. Communication networks including towers, telecommunication and marine

Township Development Land use and Development Activities

1. Closure of public open spaces More than 5000 m2

2. All other regional and urban land use and development activities

Falling within known sensitive areas

3. Resettlement schemes More than 50 people, involving the construction of new facilities to accommodate them

4. land from residential to industrial or commercial use

Rezoning of residential to industrial

Minerals Exploration (Advanced Field-Based Minerals Exploration)

1. Onshore detailed / advanced site-specific field-based minerals exploration operations for prefeasibility or feasibility study requiring the creation of supporting infrastructure including access roads, survey lines, camp site and other related facilities

All field-based ground geophysical surveys excluding aerial surveys

Aerial surveys in Protected Areas Trenching and bulk sampling Detailed drilling operations and

bulk sampling Bulk test mining

2. Offshore minerals exploration Detailed sampling programme with sample spacing of greater than 500 m intervals

3. Construction of facilities for any process or activities requiring a licence in terms of the Minerals (Prospecting and Mining) Act, 1992

Minerals processing related facilities including experimental testing infrastructure

4. Artisanal mining, small scale mining All Mining Claims (MCs) holders taking into consideration number of adjacent claims and mining operations but excludes hand tools based Artisanal operator

Petroleum Exploration

1. Onshore aerial surveys (gravity, magnetics or radiometric)

Pest Control

1. Release of organisms outside their natural area of distribution that are to be used for biological pest control

Listed species used in biological pest control

2. Projects that include the manufacture, use or disposal of environmentally significant quantities of pest control products

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Ambiguity

Tourism (Accommodation Facilities)

1. Coastal developments for tourism Outside proclaimed settlement / municipal land

2. Construction of resorts, lodges, hotels or other tourism and hospitality facilities

Treatment, handling and storage of hazardous substances

1. Construction of filling / service stations or any other facility for the underground and aboveground storage of dangerous goods, including petrol, diesel, liquid petroleum, gas or paraffin

All filling / service stations with underground and aboveground storage

Trade 1. Trade potentially involving tropical hardwoods, protected or endangered species, and hazardous materials

As may be required by regional or international treaties, agreements or law

Landscape Engineering

1. Canalisation and flood relief works, including the diversion of the normal flow of water in a riverbed and water transfer schemes between water catchments and impoundments

Affecting a local river or area >10 ha but less than 50 ha

2. Construction of dams and reservoirs In terms of inundated area of more than 50 ha but less than 500 ha or dam height of more than 3 m but less than 10 m

3. Land drainage Affecting sensitive habitats or areas more than 10 ha but less than 50 ha

4. Land reclamation Below or above the high-water mark of the sea or associated inland waters

Other Projects with Serious health, unknown Environmental Impacts

Projects which pose serious occupational or health risks As may be required by specific

regulations / municipal by-laws / regional / international treaties / laws Projects which pose serious socioeconomic

concerns

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ANNEXURE 3 C

LIST OF EXCEPTED PROJECT ACTIVITIES UNDER CATEGORY C

SECTOR TYPICAL CATEGORY B PROJECTS BOUNDARY CONDITIONSAll Sectors All activities that may have potential adverse

environmental impacts 1. National military installations2. National security type of

infrastructure development 3. Others Category A or B listed

activities as the proponent may determine with approval from the Environmental Commissioner

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