Environmental Authorisation & EIA — questions
Environmental authorisation frequently asked questions
Most questions about environmental authorisation concern which listing notice applies and how long the EIA process takes. Below are direct answers based on the NEMA EIA Regulations, 2014, as amended.
What is a listed activity under NEMA?
It is an activity identified in Listing Notice 1, 2 or 3 of the EIA Regulations that cannot lawfully commence without environmental authorisation under section 24 of NEMA.
How long does an environmental authorisation take?
A Basic Assessment has a 107-day statutory decision period but realistically takes six to twelve months including the assessment itself. A Scoping and EIR process has a 300-day statutory period and realistically takes twelve to twenty-four months.
What is the difference between Basic Assessment and Scoping and EIR?
A Basic Assessment is a single-phase process for lower impact activities. Scoping and EIR is a two-phase process, first defining the scope of assessment and then reporting on impacts, used for larger or higher-risk activities.
What happens if I start construction before getting authorisation?
It becomes a section 24G rectification matter under NEMA, carrying an administrative fine of up to R10 million in addition to the need to obtain retrospective authorisation.
Can a neighbour or interested party appeal my environmental authorisation?
Yes. Anyone who participated in the public participation process can lodge an appeal under section 43 of NEMA, which suspends the authorisation until the appeal is decided.
What triggers Listing Notice 3?
Listing Notice 3 triggers authorisation for specified activities only within defined geographical areas, such as certain coastal, biodiversity or protected area buffers, even where the scale would not otherwise require it.
Do I need specialist studies for a Basic Assessment?
Often yes, depending on site sensitivity; ecological, heritage or other specialist input can be required even in a Basic Assessment where the screening tool flags sensitivity.
How long does an appeal add to the process?
An appeal under section 43 typically adds three to nine months, depending on the complexity of the grounds raised and whether the authority requests further information.
Who decides environmental authorisation applications?
Depending on the activity and competent authority allocation, applications are decided by the provincial environmental department or the national Department of Forestry, Fisheries and the Environment.
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Last reviewed: 2026-09-17
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