Application for Rectification Form

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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)

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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.

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DEPARTMENT DETAILS

Applications must be submitted by hand at the Section 24G office:

2ndFloor, 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:

S24G Unit Assistant Director (ECA and NEMA): Ms Omolayo Ilemobade

Department of Agriculture and Rural Development

Tel: (011) 240 3022

E-mail:

S24G Unit Assistant Director (ECA and NEMA): Ms Phindy Malaza

Department of Agriculture and Rural Development

Tel: (011) 240 3021

E-mail:

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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
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 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.

R1182 listed activity number[1]: / APPA Schedule Process Number (if applicable):
  1. Corresponding listing in GNR 983 (LN1) of 2014 requiring a basic assessment (Activities commenced with after 08th December 2014):

  1. Correspondinglistingin GNR 984 (LN2)of 2014 requiring a Scoping Report and Environmental Impact Assessment (Activities commenced with after 08th December 2014):

  1. Corresponding listingin GNR 985 (LN3) of 2014(for activities that occurred in specific identified geographical areas only) (Activities commenced with after 08th December 2014):

  1. Corresponding activities listed in GNR 921of 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
  1. If supplying the co-ordinates using Geographic Co-ordinate System:
  2. Co-ordinates to be supplied in decimal degrees, with precision up to 6 (six) decimals.
  3. Spheroid to be used: WGS 84
Datum:Hartebeesthoek 1994
  1. If supplying the co-ordinates using Projected Co-ordinate System:
  2. Co-ordinates to be supplied in meters, with precision up to 2 (two) decimals
  3. 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 to[2]:
  • 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

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:

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 commencedin 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 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.

SECTION G: DECLARATION

Declarations

  1. The Independent Environmental Assessment Practitioner

I, , declare under oath that I –

  1. act as the independent environmental practitioner in this application ;
  2. 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;
  3. do not have and will not have a vested interest in the proposed activity proceeding;
  4. have no, and will not engage in, conflicting interests in the undertaking of the activity;
  5. 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;
  6. 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;
  7. 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;
  8. will keep a register of all interested and affected parties that participated in a public participation process; and
  9. 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)

  1. The Applicant

I, ,declare under oath that I -

  1. am, or represent, the applicant in this application;
  2. appointed the environmental assessment practitioner as indicated under point F(1) above to act as the independent environmental assessment practitioner for this application;
  3. will provide the environmental assessment practitioner and the competent authority with access to all information at my disposal that is relevant to the application;
  4. will be responsible for the costs incurred in complying with Section 24Gof the National Environmental Management Act (“the Act”), read together with the Environmental Impact Assessment Regulations, 2006, including but not limited to –
  • costs incurred in connection with the appointment of the environmental assessment practitioner or any person contracted by the environmental assessment practitioner;
  • costs incurred in respect of the undertaking of any process required in terms of the Act;
  • costs in respect of any fee prescribed by the MEC in respect of the Act;
  • costs in respect of specialist reviews, if the competent authority decides to recover costs; and
  • the provision of security to ensure compliance with conditions attached to an environmental authorisation, should it be required by the competent authority;
  1. will ensure that the environmental assessment practitioner is competent to comply with the requirements of the Act;
  2. am responsible for complying with the conditions of any environmental authorisation issued by the competent authority;
  3. 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;
  4. 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
  5. 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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[1] As per EIA Regulations promulgated under the ECA

1 Should the space provided not be sufficient, a clearly marked page could be attached to the form

[3]Should the space provided not be sufficient, a clearly marked page may be attached to the form