Application for Rectification Form
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)
________________________________________________________________________________________________
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 authorized. In terms of
the Act the activity may either be conditionally authorized 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.
__________________________________________________________________________________________________________
DEPARTMENT DETAILS
Applications must be submitted by hand at the Section 24G office:
2nd Floor, Diamond Building, 11 Diagonal Street, Newtown, Johannesburg
Queries must be directed to:
S24G Unit Manager: Ms Maryjane Ramahlodi
Department of Agriculture and Rural Development
Tel: (011) 240 3020
E-mail: [email protected]
S24G Unit Assistant Director (ECA and NEMA): Ms Omolayo Ilemobade
Department of Agriculture and Rural Development
Tel: (011) 240 3022
E-mail: [email protected]
S24G Unit Assistant Director (ECA and NEMA): Ms Phindy Malaza
Department of Agriculture and Rural Development
Tel: (011) 240 3021
E-mail: [email protected]
__________________________________________________________________________________________________________
File reference:
number:
Date:
:received:
Application for Rectification Form
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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:
Registered Land
Owner:
Contact Person:
Postal Address:
Code:
Physical Address of
land Owner:
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
In instances where the landowner is not the applicant, attach landowner consent form
Tick box if consent is attached
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Application for Rectification Form
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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
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Application for Rectification Form
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SECTION B: DETAILS UNLAWFUL OF ACTIVITY
Indicate the activity for which you are applying for rectification. The relevant number should be
reflected as it appears in the government notice.
1.
Listed activities in terms GNR 544 requiring a basic assessment:
2.
Listed activities in terms of GNR 545 requiring a Scoping Report and Environmental Impact
Assessment
3.
Listed activities in terms GNR 546 (for activities that occurred in specific identified geographical
areas only)
4.
Listed activities in terms GNR 718 of the National Environmental Management: Waste Act, 2009
1.
Corresponding listing in GNR 983 (LN1) of 2014 requiring a basic assessment (Activities
commenced with after 08th December 2014):
2.
Corresponding listing in GNR 984 (LN2) of 2014 requiring a Scoping Report and Environmental
Impact Assessment (Activities commenced with after 08th December 2014):
3.
Corresponding listing in GNR 985 (LN3) of 2014 (for activities that occurred in specific identified
geographical areas only) (Activities commenced with after 08th December 2014):
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Application for Rectification Form
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Corresponding activities listed in GNR 921 of the National Environmental Management: Waste Act,
2013
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
coordinates
using
Geographic
Co-ordinate
System:
o Co-ordinates to be supplied in
decimal
degrees,
with
precision up to 6 (six)
decimals.
o Spheroid to be used:
WGS
84
Datum: Hartebeesthoek 1994
b. If
supplying
the
coordinates 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
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Application for Rectification Form
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Description of activity:
Please provide a brief description of the nature and extent of the activity. Extent to include but not
be limited to1:

Area covered by the activity;

Capacity of the facility (if applicable);

Throughput of the facility (if applicable)
Date when activity was commenced with for the first time:
Tick box if activity is continuing:
Please indicate the current status by ticking the appropriate boxes:
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
1
Should the space provided not be sufficient, a clearly marked page could be attached to the form
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Application for Rectification Form
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SECTION C: AUTHORISATIONS / PERMITS OBTAINED FROM OTHER ORGANS OF STATE:
Please complete the table below with regard to authorizations / permits obtained from other organs
of state (if applicable). Certified copies of permits / authorizations / 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:
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Application for Rectification Form
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SECTION D: ENFORCEMENT ACTION BY GDARD:
Please complete the table below with regard to any enforcement action taken against you for this
development by this Department. Copies of the relevant pre-compliance notice / compliance notice /
pre- directive/ directive must be attached to this rectification application.
Pre-compliance notice /
compliance notice /
pre- directive/ directive
Date issued
Reference Number
Copy attached? y/n
SECTION E: 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)2.
2
Should the space provided not be sufficient, a clearly marked page may be attached to the form
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Application for Rectification Form
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Please motivate why your application in terms of Section 24G of the National Environmental
Management Act should be considered favourably:
Details of previous offences committed in terms of environmental legislation
SECTION F:
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.
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Application for Rectification Form
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SECTION G: DECLARATION
Declarations
1.
The Independent Environmental Assessment Practitioner
I,
,
declare under oath that I –
a. act as the independent environmental practitioner in this application ;
b. 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 Environmental Impact Assessment
Regulations, 2006;
c. do not have and will not have a vested interest in the proposed activity proceeding;
d. have no, and will not engage in, conflicting interests in the undertaking of the activity;
e. 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 Environmental Impact Assessment Regulations,
2006;
f. 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;
g. 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;
h. will keep a register of all interested and affected parties that participated in a public
participation process; and
i. 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 environmental assessment practitioner:
Name of company:
Date:
Signature of the Commissioner of Oaths:
Date:
Designation:
Official stamp (below)
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Application for Rectification Form
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2.
The Applicant
I,
,declare under oath that I -
a. am, or represent, the applicant in this application;
b. appointed the environmental assessment practitioner as indicated under point F(1) above to
act as the independent environmental assessment practitioner for this application;
c. will provide the environmental assessment practitioner and the competent authority with
access to all information at my disposal that is relevant to the application;
d. will be responsible for the costs incurred in complying with Section 24G of the National
Environmental Management Act (“the Act”), read together with the Environmental Impact
Assessment Regulations, 2006, 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;
e. will ensure that the environmental assessment practitioner is competent to comply with the
requirements of the Act;
f. am responsible for complying with the conditions of any environmental authorisation issued
by the competent authority;
g. understand that I will be required to pay an administration fine in terms of section 24G(2) of
the Act and that my application will only be considered after payment of such a fine;
h. 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
i. 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 applicant:
Name of company:
Date:
Signature of the Commissioner of Oaths:
Date:
Designation:
Official stamp (below):
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