Do I need environmental authorisation for my project?
You need environmental authorisation if your project triggers a listed activity under the NEMA EIA Regulations. Activities in Listing Notice 1 require a Basic Assessment, roughly eight to twelve months. Activities in Listing Notice 2 require Scoping and a full Environmental Impact Report, roughly fourteen to twenty months. Listing Notice 3 applies in geographically sensitive areas.
What best describes your project?
Pick the closest match. If two apply, choose the larger of the two.
How this is decided in law
Section 24 of the National Environmental Management Act 107 of 1998 requires environmental authorisation before commencing any activity listed in the EIA Regulations 2014. The three Listing Notices published under those regulations decide both whether you need authorisation and which process you follow.
Listing Notice 1 (GN R983) activities follow the Basic Assessment route. This is the shorter process: a Basic Assessment Report, public participation and a decision, realistically eight to fourteen months from appointment.
Listing Notice 2 (GN R984) activities require Scoping and a full Environmental Impact Report. These are the larger-impact activities, and the process runs fourteen to twenty months or longer where specialist studies are extensive.
Listing Notice 3 (GN R985) applies province by province in geographically sensitive areas — near wetlands and estuaries, inside protected area buffers, in critical biodiversity areas and on threatened ecosystems. A small project in a sensitive area can require authorisation where the same project elsewhere would not, which is why coordinates matter more than descriptions.
The statutory timeframes in the regulations are shorter than reality. A Basic Assessment decision is nominally 107 days from acceptance of the application, but the specialist studies, seasonal survey windows and public participation that precede lodgement are what actually set the calendar. Ecological and aquatic surveys often have to be done in a specific season, and missing that window costs months.
Most projects need more than one authorisation. Work in or near a watercourse triggers water use authorisation under the National Water Act, waste handling triggers a NEMWA licence, and air emissions trigger an atmospheric emission licence. Scoping these together at the start means one integrated set of studies rather than three overlapping ones.
Commencing without authorisation is an offence under section 24F, with section 49A penalties of up to R10 million or ten years imprisonment. Section 24G rectification exists, but it is slower and more expensive than getting it right first, and it carries an administrative fine on top.
Our environmental authorisation fees are fixed and agreed in writing before work starts, with government application fees included. Specialist studies are quoted separately and transparently because their scope depends on what the screening finds on your site.
| Route | Typical trigger | Timeline | Our fixed fee |
|---|---|---|---|
| No authorisation needed | No listed activity triggered and no sensitivity | Screening only, 2 – 3 weeks | R18,000 – R35,000 screening opinion |
| Basic Assessment (LN 1) | Clearing 1 – 20 ha, most infrastructure, smaller generation | 8 – 14 months | R145,000 – R285,000 |
| Basic Assessment plus LN 3 | Wetland, protected area buffer, critical biodiversity area | 10 – 16 months | R185,000 – R340,000 |
| Scoping and EIR (LN 2) | Clearing over 20 ha, large generation, high-impact activities | 14 – 20 months | R320,000 – R650,000 |
| Integrated NEMA plus water or waste | Watercourse works or waste handling as well | 12 – 24 months | Quoted as one project |
| Section 24G rectification | Activity already commenced without authorisation | 8 – 24 months plus fine | R95,000 – R450,000 |
The process, step by step
- 1Screening
We check your site plan and coordinates against all three Listing Notices and the national screening tool, and tell you plainly whether you need authorisation.
- 2Practitioner and specialists
We appoint the environmental assessment practitioner and only the specialists your site genuinely requires, with each scope and fee agreed up front.
- 3Application and public participation
The application is lodged and the statutory public participation process runs, including registered interested and affected parties.
- 4Assessment report
The Basic Assessment Report or Scoping Report and Environmental Impact Report is compiled with the environmental management programme.
- 5Decision
The competent authority decides. We manage queries and requests for further information to keep the statutory clock running.
- 6Conditions and compliance
We convert the authorisation conditions into a practical monitoring, auditing and reporting schedule so compliance does not become the next problem.
Questions people ask
How do I know if my project needs environmental authorisation?
You need it if your project triggers an activity in Listing Notice 1, 2 or 3 of the NEMA EIA Regulations. Footprint, activity type and site sensitivity all matter, and this screener gives you an indicative answer in a few questions.
What is the difference between a Basic Assessment and a full EIA?
A Basic Assessment applies to Listing Notice 1 activities and takes eight to fourteen months. Scoping and a full Environmental Impact Report apply to Listing Notice 2 activities and take fourteen to twenty months or more.
How long does environmental authorisation take in South Africa?
Realistically eight to fourteen months for a Basic Assessment and fourteen to twenty months for Scoping and EIR. The statutory decision periods are shorter, but specialist studies and seasonal survey windows set the real calendar.
Can I start construction while my application is pending?
No. Commencing a listed activity before authorisation is an offence under section 24F and pushes you into section 24G rectification with an administrative fine of up to R10 million.
What does an EIA cost?
Our fixed fee runs from R145,000 for a Basic Assessment to R650,000 for a large Scoping and EIR, with government fees included. Specialist studies are quoted separately once screening shows which ones your site needs.
Do I need a water use licence as well?
If your project affects a watercourse, wetland or riparian area, or abstracts or stores water, then yes. We scope the water authorisation with the EIA so one set of aquatic studies serves both.
What happens if my application is refused?
There is an internal appeal to the relevant MEC or the Minister within the prescribed period. Most refusals we see are avoidable and come from thin specialist work or a failure to address alternatives.
Who is the competent authority?
Usually the provincial environmental department, the national department for certain activities, and the mineral resources regulator where the activity is mining related.
Registration 2016/074955/07. Registered with the Department of Water and Sanitation (DWS) and an applicant for EAPASA registration. Regulatory and licensing advisory across South Africa — Pretoria offices, serving Gauteng, the Western Cape and all other provinces. 087 153 6207 · support@dlegal.co.za
This page is general information on the applicable legislation, not legal advice on your specific facts. Fee ranges are indicative; your fixed fee is agreed in writing before any work starts.