Appendix A: List of legislation relevant to the project
Legislation
Summary
Relevance to the project
Conservation of Agricultural
Resources Act No 43 of 1983
Sections 6(1) and 12 are
concerned with the control of
alien weeds and the prevention
of soil erosion
The proposed development
could lead to disturbances such
as soil erosion and invasion of
alien weeds
Constitution of the Republic of
South Africa Act No108 of 1996
Section 24a sets out the right to
and environment that is not
harmful to health and well-being
The proposed project will assist
with the reduction of reliance on
fossil fuels
Section 24 b provides the
foundation for the protection of
the natural environment while
promoting development
The proposed project will
promote development in the
country, and measures will be
put in place to protect the
natural environment
The construction and operation
of the proposed infrastructure
may disturb the environment
and generate noise
Environment Conservation Act
No 73 of 1989
National Environmental
Management Act No 107 of
1998 as amended and the
Environmental Impact
Assessment Regulations, 2010.
National Environmental
Management: Air Quality Act No
39 of 2004
National Waste Act (59 of 2008)
Contains the requirements for
environmental authorisation
through environmental
assessment and controls
activities detrimentally affecting
the environment
The Act contains noise
regulations in Section 25. There
are also several Schedules
related to noise. Schedule 4
prohibits “disturbing noise” from
any manmade source. A
disturbing noise is defined as a
noise level which exceeds the
ambient by 7 dBA or more,
measured over a period of at
least ten minutes
The Act also contains waste
management regulations in
Section 20.
Environmental authorisation
must be granted prior to
undertaking any activity that
could have a detrimental effect
on the environment
Provides for the protection of
the environment by providing
reasonable measures for the
prevention of pollution and
ecological degradation
To reform the law regulating
waste management in order to
protect health and the
environment by providing
reasonable measures for the
prevention of pollution and
ecological degradation and for
securing ecologically
sustainable development; to
provide for institutional
arrangements and planning
matters; to provide for national
norms and standards for
Construction of the Waste site
The operation of the proposed
infrastructure will have an
impact on air quality
Waste site activity requires a
Waste License
Appendix A: List of legislation relevant to the project
National Environmental
Management: Biodiversity Act
No 10 of 2004
National Heritage Act No 25 of
1999
National Water Act No 36 of
1998
Occupational Health and Safety
Act No 85 of 1993
regulating the management of
waste by all spheres of
government; to provide for
specific waste management
measures; to provide for the
licensing and control of waste
management activities; to
provide for the remediation of
contaminated land; to provide
for the national waste
information system; to provide
for compliance and
enforcement; and to provide for
matters connected therewith.
To provide for the management
and conservation of South
Africa's biodiversity; the
protection of species and
ecosystems that warrant
national protection; the
sustainable use of indigenous
biological resources; the fair
and equitable sharing of
benefits arising from
bioprospecting involving
indigenous biological resources;
the establishment and functions
of a South African National
Biodiversity Institute; and for
matters connected therewith
Provides for the protection and
conservation of heritage
resources in South Africa
Regulates the prevention of
pollution and remedies effects
of pollution of water sources.
Regulates emergency incidents
and control of emergency
incidents. Regulated water use
To provide for the health and
safety of persons at work and
for the health and safety of
persons in connection with the
use of plant and machinery; the
protection of persons other than
persons at work against
hazards to health and safety
arising out of or in connection
with the activities of persons at
work; to establish an advisory
council for occupational health
and safety; and to provide for
matters connected therewith
The construction of the
proposed infrastructure could
impact on biodiversity
Although not envisaged, the
construction of the proposed
infrastructure may have an
impact on heritage resources
The proposed infrastructure
may potentially cause water
pollution of surface and
groundwater aquifers.
Emergency response
procedures are in place.
People will be employed by
AAMM for the proposed
operations
Appendix A: List of legislation relevant to the project
Standards applicable to the project
Theme
Standard
Summary
Air
South African National Standard (SANS) 69
Framework for setting and implementing
national
ambient air quality standards
SANS 1929: Ambient Air Quality
Sets limits for common pollutants
SANS
10328:2003:
Methods
for
Environmental Noise Impact Assessments
General procedure used to determine the
noise impact
SANS 10103:2008: The Measurement and
Rating of Environmental Noise
with Respect to Land Use, Health, Annoyance
and Speech Communication
Provides noise impact criteria
National Noise Control Regulations
Provides noise impact criteria
SANS 10210: Calculating and Predicting Road
Traffic Noise
Provides guidelines for traffic noise
levels
Waste
DWAF (1998) Waste Management Series.
Minimum Requirements for the Handling,
Classification and Disposal of Hazardous
Waste
DWAF Minimum Requirements
Water
Best Practise Guideline (G1) Storm Water
Management DWA 2006
Provides guidelines to the management
of storm water
Water
South African Water Quality Guidelines
Provides water quality guidelines
Noise