Did you know…………?
Did you know that the construction of structures or infrastructure with a footprint of 100 square metres or more within a watercourse or within 32m from the edge of the watercourse, is not permitted without obtaining Environmental Authorisation in accordance with the National Environmental Management Act 107, 1998 (NEMA). A watercourse referred to within the NEMA is also not restricted to rivers or dams. A Watercourse is defined as a river, spring, natural channel which flows regularly or intermittently, wetland, pan, lake or dam.
According to General Notice Regulation 983, 2014 (as amended in 2017), Environmental Authorisation is required for the development of:
(i) Dams or weirs where the dam or weir, including infrastructure and water surface area, exceeds 100 square metres; or
(ii) Infrastructure or structures with a physical footprint of 100 square metres or more
where such development occurs within a watercourse or within 32m of a watercourse, measured from the edge of a watercourse.
General Notice 985 of 2014 (as amended) focus on activities conducted within specific environmental sensitive areas as National Parks, Protected Areas, Ecological Sensitive Areas or Ecological Support Areas etc. Should your proposed development area fall within any area identified within the Biodiversity Sector Plan of 2014, construction of any structures or infrastructure within or within 32m form the edge of a watercourse, is limited to only 10 square metres without having to apply for Environmental Authorisation.
Should you be proposing to construct a bridge, dam or any structure or infrastructure exceeding the above thresholds within a watercourse or within 32m from the edge of the watercourse, by law, a Basic Environmental Impact Assessment must be conducted and Environmental Authorisation must be obtained before such activity may commence. Did you know that you will also require a Water Use License in accordance with the National Water Act 36 of 1998 before conducting any activity within a watercourse? But I think I will leave this topic to be discussed in our “Chappie Paper” next week.
Have a fantastic week, and please feel free to conduct us if you require any confirmation or information before conducting an activity which might have an impact on our environment.
