Admin Unit telephone number
APPLICATION TO RECTIFY UNLAWFUL COMMENCEMENT OR CONTINUATION OF LISTED
ACTIVITIES IN TERMS OF SECTION 24G OF THE NATIONAL ENVIRONMENTAL MANAGEMENT
ACT (NO 107 OF 1998), AS AMENDED
__________________________________________________________________________________
______________
Kindly note that:
1.
The application form is current as of 08 December 2014. It is the responsibility of the applicant
to ascertain whether subsequent versions of the form have been published or produced by the
competent authority.
2.
Incomplete applications will be returned to the applicant for revision and re-submission.
3.
The use of “not applicable” in the form must be done with circumspection as if it is used in
respect of material information that is required by the competent authority for assessing the
application.
4.
Lodging an application for rectification does not necessarily imply that the activity will be
authorised. In terms of the Act the activity may either be conditionally authorised or a directive
may be issued for the activity to cease and for the environment to be rehabilitated.
5.
No faxed or emailed applications will be accepted.
6.
Unless protected by law, all information filled in on this application will become public
information on receipt by the competent authority. Any interested and affected party should be
provided with the information contained in this application on request, during any stage of the
process.
7.
A separate form must be completed for each unlawful activity.
8.
Applicants and environmental consultants are responsible for the accuracy of the information
supplied and are therefore required to complete the checklist fully and honestly.
9.
This application form must be completed by an Independent Environmental Assessment
Practitioner.
Cnr Suid and Dorp Streets, POLOKWANE, 0700, P O Box 55464, POLOKWANE, 0700
Tel: 015 291 1315, Fax: 015 291 4107, website: http\\www.Limpopo.gov.za
The heartland of southern Africa – development is about people!
CONSEQUENCES OF UNLAWFUL COMMENCEMENT OF ACTIVITY
Project Reference Number:
NEAS Reference Number:
Date Received:
SECTION A: BACKGROUND INFORMATION AND CONTACT DETAILS
Applicant:
Company/ Closed Corporation
Registered Name (if
applicable)
Company / Closed
Corporation Registration
Number (if applicable)
Contact Person:
Position in Company:
ID Number of Contact Person /
Applicant:
Postal Address:
Code:
Physical Address:
Code:
Telephone No:
Cell:
E-mail address:
Fax:
Where there is more than one landowner, a list of landowners with their contact details must be attached to this
application form
Tick box if list is attached
Registered Land
Owner:
Contact Person:
Postal Address:
Code:
Physical Address of
land Owner:
Code:
Telephone No:
Cell:
E-mail address:
Fax:
Should the space provided not be sufficient, a clearly marked page may be attached to the form
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CONSEQUENCES OF UNLAWFUL COMMENCEMENT OF ACTIVITY
Project Environmental
Assessment Practitioner:
Company/ Closed Corporation
Registered Name (if
applicable)
Company / Closed
Corporation Registration
Number (if applicable)
Contact Person:
Position in Company:
ID Number of Contact Person /
Applicant:
Postal Address:
Code:
Physical Address:
Code:
Telephone No:
Cell:
E-mail address:
Fax:
The Environmental Practiotioner’s Curriculum Vitae (CV) must be attached.
Tick box if CV is attached
SECTION B: DETAILS OF UNLAWFUL ACTIVITY
Indicate hereunder the activity for which you are applying for rectification. The relevant number should be
reflected as it appears in the government notice.
1.
Activities listed in the applicable EIA Regulations:
Indicate the number and
date of the relevant
notice: e.g. R. 983, 08
December 2014
Activity No (s) (in Describe each listed activity as per project
terms of the
description1: e.g. Construction of a 600 mW
relevant notice)
generator
e.g. 1(a)
1
Please note that this description should not be a verbatim repetition of the listed activity as contained in the
relevant Government Notice, but should be a brief description of activities to be undertaken as per the project
description
Should the space provided not be sufficient, a clearly marked page may be attached to the form
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CONSEQUENCES OF UNLAWFUL COMMENCEMENT OF ACTIVITY
Details of property on which unlawful activity is taking place:
Farm Portion:
Suburb name:
Erf number:
Municipal area:
GPS Co-ordinates
a. If supplying the co-ordinates using Geographic Co-ordinate System:
Co-ordinates to be
o Supplied in decimal degrees, with precision up to
Latitude
6
(six) decimals.
o Spheroid to be used:
Longitude
WGS 84
b. If supplying the co-ordinates using
Projected Co-ordinate System:
o Co-ordinates to be supplied in meters, with
precision up to 2 (two) decimals
o Spheroid to be used: WGS 84
Projection: Transverse Mercator
Central Meridian: 29 Degrees East
Where a large number of properties are involved, please attach a full list to this application.
A LOCALITY PLAN MUST BE ATTACHED
Description of activity:
Please provide a brief description of the nature and extent of the activity. Extent to include but not be limited to2:
 Area covered by the activity;
 Capacity of the facility (if applicable);
 Throughput of the facility (if applicable)
Area covered by the
activity
Capacity of the facility (if
applicable);
Throughput of the facility (if applicable)
Tick box if activity is continuing:
Please indicate the current status by ticking the appropriate boxes:
Should the space provided not be sufficient, a clearly marked page may be attached to the form
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CONSEQUENCES OF UNLAWFUL COMMENCEMENT OF ACTIVITY
Construction completed
Activity operational
Property/ies transferred to new
owners
Construction ceased prior to finalization
Operation / activity ceased
pending outcome of application
Activity has been decommissioned and property
rehabilitated to original state
SECTION C: AUTHORISATIONS / PERMITS OBTAINED FROM OTHER ORGANS OF STATE:
Please complete the table below with regard to authorisations / permits obtained from other organs of state (if
applicable). Certified copies of permits / authorisations / certificates must be attached
Name of Authority:
Legislation / Regulations /
By-law in terms of which
authorization was
obtained
Date of authorization /
permit / certification
Applicable authorization /
permit / certificate
number:
SECTION D: MOTIVATION FOR SECTION 24G APPLICATION:
Please explain why this activity commenced in contravention with the National Environmental Management Act,
Act 107 of 1998 (as amended)3.
Please motivate why your application in terms of Section 24G of the National Environmental Management Act
should be considered favorably:
Should the space provided not be sufficient, a clearly marked page may be attached to the form
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CONSEQUENCES OF UNLAWFUL COMMENCEMENT OF ACTIVITY
Details of previous offences committed in terms of environmental legislation
SECTION E:
Certified copies of the following documents must accompany your application:
1. Identification page from ID document of the applicant in cases where an individual is the applicant or of the contact
person where a company / close corporation apply.
2. Registration certificate of the Company / Close Corporation.
3. Proof of ownership of the land or alternatively, proof of owner’s consent to undertake activity on the relevant land.
Should the space provided not be sufficient, a clearly marked page may be attached to the form
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CONSEQUENCES OF UNLAWFUL COMMENCEMENT OF ACTIVITY
SECTION F: DECLARATION
Declarations
1. The applicant
I,
a.
b.
c.
d.
e.
f.
g.
h.
i.
,
declare under oath that I –
am, or represent, the applicant in this application;
appointed the environmental assessment practitioner as indicated under point F(1) above to act as the independent
environmental assessment practitioner for this application;
will provide the environmental assessment practitioner and the competent authority with access to all information at my
disposal that is relevant to the application;
will be responsible for the costs incurred in complying with Section 24G of the National Environmental Management Act
(“the Act”), read together with the applicable Environmental Impact Assessment Regulations, including but not limited
to –
o costs incurred in connection with the appointment of the environmental assessment practitioner or any person
contracted by the environmental assessment practitioner;
o costs incurred in respect of the undertaking of any process required in terms of the Act;
o costs in respect of any fee prescribed by the MEC in respect of the Act;
o costs in respect of specialist reviews, if the competent authority decides to recover costs; and
o the provision of security to ensure compliance with conditions attached to an environmental authorisation, should it
be required by the competent authority;
will ensure that the environmental assessment practitioner is competent to comply with the requirements of the Act;
am responsible for complying with the conditions of any environmental authorisation issued by the competent authority;
understand that I will be required to pay an administration fine in terms of section 24G(4) of the Act and that my
application will only be considered after payment of such a fine;
hereby indemnify, the government of the Republic, the competent authority and all its officers, agents and employees,
from any liability arising out of the content of any report, any procedure or any action for which the applicant or
environmental assessment practitioner is responsible in terms of the Act; and
will not hold the competent authority responsible for any costs that may be incurred by the applicant in proceeding with
an activity prior to an appeal being decided in terms of the Act.
Signature of the environmental assessment practitioner:
Name of company:
Date:
Signature of the Commissioner of Oaths:
Date:
Designation:
Official stamp (below)
Should the space provided not be sufficient, a clearly marked page may be attached to the form
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CONSEQUENCES OF UNLAWFUL COMMENCEMENT OF ACTIVITY
2.
The Independent Environmental Assessment Practitioner
I,
a.
b.
c.
d.
e.
f.
g.
h.
i.
declare under oath that I act as the independent environmental practitioner in this application ;
do not have and will not have any financial interest in the undertaking of the activity, other than remuneration for work
performed in terms of the Section 24G of the National Environmental Management Act, read together with the
applicable Environmental Impact Assessment Regulations;
do not have and will not have a vested interest in the proposed activity proceeding;
have no, and will not engage in, conflicting interests in the undertaking of the activity;
undertake to disclose, to the competent authority, any material information that has or may have the potential to
influence the decision of the competent authority or the objectivity of any report, plan or document required in terms of
the Section 24G of the National Environmental Management Act, read together with the applicable Environmental
Impact Assessment Regulations;
will ensure that information containing all relevant facts in respect of the application is distributed or made available to
interested and affected parties and the public and that participation by interested and affected parties is facilitated in
such a manner that all interested and affected parties will be provided with a reasonable opportunity to participate and
to provide comments on documents that are produced to support the application;
will ensure that the comments of all interested and affected parties are considered and recorded in reports that are
submitted to the competent authority in respect of the application, provided that comments that are made by interested
and affected parties in respect of a final report that will be submitted to the competent authority may be attached to the
report without further amendment to the report;
will keep a register of all interested and affected parties that participated in a public participation process; and
will provide the competent authority with access to all information at my disposal regarding the application, whether
such information is favourable to the applicant or not.
Signature of the applicant:
Name of company:
Date:
Signature of the Commissioner of Oaths:
Date:
Designation:
Official stamp (below):
In instances where the landowner is not the applicant, attach landowner consent form
Tick box if consent is attached
Should the space provided not be sufficient, a clearly marked page may be attached to the form
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