amendment of Atmospheric emission licence [section 46 of NEM: AQA]

When to use this form

This form must be used to apply for the amendment of an Atmospheric Emission License.An amendment includes adding, substituting, removing or changing a condition or requirement, listed activity, updating and changing details and correcting a technical error.

When not to use this form:

If the amendments applied for involve the extension of the footprint of the activity to incorporate sites/areas which were not part of the original application or were not investigated as part of the alternatives during the EIA-AEL process; in this case, the applicantwill be required to submit anewEIA-AELapplication.

Kindly note that:

  1. The application must be typed within the spaces provided in the form. The sizes of the spaces provided are not necessarily indicative of the amount of information to be provided. It is in the form of a table that can extend itself as each space is filled with typing.
  1. Selected boxes must be indicated by a cross and, when the form is completed electronically, must also be highlighted.
  1. Incomplete applications may be returned to the applicant for revision.
  1. 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 licensing authority for assessing the application, and may result in the rejection of the application as provided for in the NEM: AQA.
  1. Unless protected by law, and clearly indicated as such, all information filled in on this application will become public information on receipt by the licensing authority. The applicant/EAP must provide any interested and affected party with the information contained in this application on request, during any stage of the application process.

IMPORTANT NOTE:

Unless the application relates to changing and/ or updating details on the license, the amendments applied for must not be given effect to unless the application has been granted by the Municipality.

MUNICIPAL DETAILS

West Rand District Municipality (WRDM)
Attention: Environmental Unit
Private Bag X033
Randfontein
1760 / Environmental Unit
Corner Six & Park Street
Randfontein
Environmental Unit telephone number: (011) 411 5000
(For official use only)
File Reference Number:
Application Number:
Date Received:

A.background information

1.Details relating to the Atmospheric Emission License

Atmospheric Emission License number in respect of which an amendment is applied for:
Date of issue of Atmospheric Emission License:
Activity/ies for which authorisation was granted:
Project Title:
Property description
(Farm name, portion etc.)
Physical/Street address where authorised activity is taking or will take place:

2.Details of the holder of the Atmospheric Emission License

Name of person to whom the Atmospheric Emission License was issued:
Trading name (if any):
Contact person:
Physical address:
Postal address:
Postal code: / Cell:
Telephone: / Fax:
E-mail:

3.Details of the environmental assessment practitioner

If an environmental assessment practitioner is being used, name of environmental assessment practitioner:
Contact person:
Postal address:
Postal code: / Cell:
Telephone: / Fax:
E-mail:
Qualifications & relevant experience
Professional affiliation(s) (if any)

4.Details of landowner

Name of landowner if the person to whom the Atmospheric Emission Licence has been issued is not the owner:
Contact person:
Postal address:
Postal code: / Cell:
Telephone: / Fax:
E-mail:
Has the owner been notified of this application?
If yes, please attach proof
If there is more than one landowner, please attach a list of landowners with their contact details to this application.
Extra page attached

B.AMENDMENTS APPLIED FOR AND RELATED INFORMATION

  1. Amendments requested

Describe the amendments that are applied for and an explanation as to why the amendmentsare required in the table below.

Amendment requested / Reason why amendment is required

If there is insufficient space in the table above, the table may be expanded if being completed electronically, or attach an extra page.

Extra page attached
  1. Environmental impacts

2.1Describe any negative environmental impacts that may occur if the application is granted. Information on any increases in air emissions and waste arising from the air pollution abatement equipments or technologies.

If there is insufficient space in the table above, the table may be expanded if being completed electronically, or attach and extra page.

Extra page attached

2.2 Describe any negative environmental impacts that may occur if the application is not granted.

If there is insufficient space in the table above, the table may be expanded if being completed electronically, or attach and extra page and tick the box.

Extra page attached

2.3Describe any positive environmental impacts that may occur if the application is granted. Information on any increases in air emissions and waste arising from the air pollution abatement equipments or technologies

If there is insufficient space in the table above the table may be expanded if being completed electronically, or attach and extra page and tick the box.

Extra page attached
  1. Authorisation from other government departments

Are any permissions, licenses or other authorisations required from any other departments before the requested amendments can be effected?

Yes / No

If yes, please complete the table below.

Name of department and contact person / Type or name of authorisation required / Has authorisation been applied for (yes/ no)
  1. Rights and interests of other parties

Will the rights or interests of other parties be adversely affected by the granting of the application?

Yes / No

If yes, please describe the parties who may be affected and the manner in which they may be affected in the space below.

If no, describe why other parties will not be adversely affected in the space below.

NOTE:

The Municipality is entitled to request further information if it believes it is necessary for the consideration of the application. If the application is for a substantive amendment or if the rights or interests of other parties are likely to be adversely affected, the Municipality will instruct the applicant toconduct a public participation process and to conduct any investigations and assessments that it deems necessary.

  1. DECLARATION

The Applicant

I, ,declare under oath that I -

  • am, or represent[1], the applicant in this application for “[insert project title]”
  • have appointed / will appoint (delete that which is not applicable) an environmental assessment practitioner to act as the independent environmental assessment practitioner for this application / will obtain exemption from the requirement to obtain an environmental assessment practitioner[2];
  • will provide the environmental assessment practitioner and the licensing 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 46 of the NEM: AQA, 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 NEM: AQA;
  • costs in respect of any fee prescribed by the licensing authority in respect of the NEM: AQA;
  • costs in respect of specialist reviews, if the licensing authoritydecides to recover costs; and
  • the provision of security to ensure compliance with conditions attached to theatmospheric emission license, should it be required by the licensing authority;
  • will ensure that the environmental assessment practitioner is competent to comply with the requirements of the NEM: AQA and will take reasonable steps to verify whether the EAP complies with the NEM: AQA;
  • will inform all registered interested and affected parties of any suspension of the application as well as of any decisions taken by the competent authority in this regard;
  • am responsible for complying with the conditions of the atmospheric emission licenseissued by the licensing authority;
  • hereby indemnify the Government of the Republic, the licensing authority and all its officers, agents and employees, from any liability arising out of the content of any report, any procedure or any action which the applicant or environmental assessment practitioner is responsible for in terms of theNEM: AQA;
  • will not hold the licensing authority responsible for any costs that may be incurred by the applicant in proceeding with an activity prior to obtaining an atmospheric emission licenseor prior to an appeal being decided in terms of theNEM: AQA;
  • will perform all other obligations as expected from an applicant in terms of the NEM: AQA;
  • guarantee licensing authority that all the particulars furnished by me in this form are true and correct; and
  • I realise that providing false information is an offence in terms of section51 (f) of the NEM: AQAand is punishable in terms of section 52 of the same Act.

Signature of the applicant:

Name of company:

Date:

Signature of the Commissioner of Oaths:

Date:

Designation:

Commissioner of Oaths Official stamp (below)

  1. DECLARATION

The independent Environmental Assessment Practitioner

I, , declare under oath that I –

  • act as the independent environmental practitioner in this applicationfor “[insert project title]”
  • 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 NEM: AQA;
  • have no and will have no 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 licensing authority, any material information that have or may have the potential to influence the decision of the licensing authority or the objectivity of any report, plan or document required in terms of the NEM: AQA;
  • 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 licensing 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.
  • I realise that providing false information is an offence in terms of section 51 (f) of the NEM: AQA and is punishable in terms of section 52 of the same Act.

Signature of the Environmental Assessment Practitioner:

Name of company:

Date:

Signature of the Commissioner of Oaths:

Date:

Designation:

Commissioner of Oaths Official stamp (below)

E.CHECKLIST

To ensure that all information that the licensing authority needs to be able to process this application, please check that:

Where requested, supporting documentation has been attached;

All relevant sections of the form have been completed; and

The form has been signed by the holder of the license.

1

[1]If this is signed on behalf of the applicant, proof of such authority from the applicant must be attached.

[2]If exemption is obtained from appointing an EAP, the responsibilities of an EAP will automatically apply to the person conducting the processwith respect to the amendment application.