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GOVERNMENT NOTICE
MINISTRY OF ENVIRONMENT AND TOURISM
No. 2016
STRATEGIC ENVIRONMENTAL ASSESSMENT (SEA) REGULATIONS
ENVIRONMENTAL MANAGEMENT ACT, 2007, as amended
Under section 83 of the Environmental Management Act, 2007 (Act No. 7 of 2007), I make
the regulations set out in the Schedule.
Minister of Environment and Tourism Windhoek, 2016
MINISTRY OF ENVIRONMENT AND TOURISM
No. XXX 2015
LIST OF ORGANS OF STATE THAT MAY NOT IMPLEMENT A POLICY, PLAN OR PROGRAMME WITHOUT ENVIRONMENTAL CLEARANCE CERTIFICATE:
ENVIRONMENTAL MANAGEMENT ACT, 2007
Under Section 83 of the Environmental Management Act, 2007 (Act No. 7 of 2007), Organs of State that may not adopt a Policy, Plan or Programme without an environmental
clearance certificate.
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SCHEDULE ARRANGEMENTS OF THE SEA
REGULATIONS
PART I: PRELIMINARY..................................................................................................................................3
(1) DEFINITIONS...............................................................................................................................................3(2) PURPOSE AND APPLICATION OF REGULATIONS.........................................................................................10(3) IDENTIFICATION OF ORGANS OF STATE.....................................................................................................10(4) ROLES OF ORGANS OF STATE....................................................................................................................11(5) CONSULTATION BETWEEN ORGAN OF STATE AND ENVIRONMENTAL COMMISSIONER..............................12(6) ORGAN OF STATE’ RIGHT OF ACCESS TO INFORMATION...........................................................................12(7) TIMING FOR ENVIRONMENTAL ASSESSMENT IMPLEMENTATION AND DUTIES OF THE ORGAN OF STATE..12(8) GENERAL REQUIREMENTS FOR EAPS.......................................................................................................13
PART 2: SCREENING AND EXCEPTIONS................................................................................................15
(9) DETERMINING IF PROPOSED POLICY, PLAN OR PROGRAMME REQUIRES ENVIRONMENTAL ASSESSMENT15(10) PROCEDURE FOR EXCEPTED AND NOT LISTED ORGANS OF STATE............................................................15
PART 3: PUBLIC CONSULTATIONS PROCESS.......................................................................................17
(11) PUBLIC CONSULTATION............................................................................................................................17(12) PUBLIC CONSULTATION PROCESS.............................................................................................................17(13) REGISTRATION OF STAKEHOLDERS...........................................................................................................19(14) REGISTERED STAKEHOLDERS....................................................................................................................19(15) COMMENTS OF STAKEHOLDER TO BE RECORDED.....................................................................................20(16) PUBLIC NOTICES FOR APPLICATION OF ENVIRONMENTAL CERTIFICATE...................................................20
PART 4: ENVIRONMENTAL ASSESSMENT PROCESS FOR LISTED ORGANS OF STATE..........21
(17) DRAFT ENVIRONMENTAL SCOPING REPORT..............................................................................................21(18) NOTIFICATION FOR POLICY, PLAN OR PROGRAMME REGISTRATION AND PUBLIC CONSULTATIONS.........22(19) PREPARATION OF THE STRATEGIC ENVIRONMENTAL ASSESSMENT..........................................................22(20) PREPARATION OF THE DRAFT STRATEGIC ENVIRONMENTAL MANAGEMENT PLAN...................................24(21) PREPARATION OF FINAL ENVIRONMENTAL SCOPING REPORTS.................................................................25(22) PUBLIC CONSULTATIONS FOR FINAL SCOPING, DRAFT SEA AND SEMP..................................................25(23) APPLICATION FOR ENVIRONMENTAL CLEARANCE CERTIFICATE (SUBMISSION OF FINAL REPORTS: SCOPING, EIA AND SEMP)....................................................................................................26
PART 5: ENVIRONMENTAL COMMISSIONERS RECORDS OF DECISIONS..................................27
(24) CONSIDERATIONS OF NOTIFICATION FOR POLICY, PLAN OR PROGRAMME REGISTRATION.......................27(25) CONSIDERATIONS OF APPLICATION FOR ENVIRONMENTAL CLEARANCE CERTIFICATE AND EXCEPTIONS 27(26) VALIDITY AND RENEWAL OF ENVIRONMENTAL CLEARANCE CERTIFICATE..............................................29(27) AMENDMENT OF AN ENVIRONMENTAL CLEARANCE CERTIFICATE...........................................................30(28) TRANSFER OF ENVIRONMENTAL CLEARANCE CERTIFICATE.....................................................................31
PART 6: ADMINISTRATIVE MATERS.......................................................................................................33
(29) APPEALS IN TERMS OF ACT.......................................................................................................................33(30) DECISION ON APPEALS..............................................................................................................................34(31) KEEPING OF RECORDS AND REGISTERS.....................................................................................................34(32) SERVICE OF DOCUMENTS..........................................................................................................................35(33) MANNER OF PAYMENT OF FEES................................................................................................................35(34) PENALTIES AND OFFENCES.......................................................................................................................36
ANNEXURE 1: FORMS.....................................................................................................................................37
ANNEXURE 2: FEES PAYABLE.....................................................................................................................37
ANNEXURE 3: SCREENING LIST OF LISTED ORGANS OF STATE AND EXCEPTIONS...............37
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PART I: PRELIMINARY
(1) Definitions
In this notice, a word or expression to which a meaning has been assigned in the Act has that
meaning, and unless the context otherwise indicates –
(1) In this Act, unless the context indicates otherwise -
“activity” means policies, plans, programmes and projects;
“aftercare plan” means a plan containing identified actions that will be taken following the
cessation of an operations and details the post closure management and monitoring programme
that will be implemented.
“air quality” means the concentration prescribed under or pursuant to this Act of a pollutant in the
atmosphere at the point of measurement;
“ambient air” means the atmosphere surrounding the earth but does not include the atmosphere
within a structure or within any underground space;
“analysis” means the testing or examination of any matter, substance or process for the purpose
of determining its composition or qualities or its effect (whether physical, chemical or
biological) on any segment of the environment or examination of emissions or recording of noise
or sub-sonic vibrations to determine the level or other characteristics of the noise or sub-sonic
vibration or its effect on any segments of the environment;
“Advisory Council” means the Sustainable Development Advisory Council established in terms
of this Act;
“assessment” means the process of identifying, predicting and evaluating –
(a) the significant effects of activities on the environment;
(b) the risks and consequences of activities and their alternatives and options for
mitigation with a view to minimise the effects of activities on the environment and to
maximise the benefits and to promote compliance with the principles set out in this
Act;
“assessment report” means a report that presents the procedures and findings of an
assessment at Strategic Environmental Assessment (SEA) undertaken for policies, plans or
programmes or Environmental Impact Assessment (EIA) undertaken for project site-specific
levels;
“authorisation” means an approval, licence, permit or other authorisation issued by a competent
authority in respect of a listed activity;
“beneficial use” means a use of the environment or any element or segment of the environment
that is conducive to public health, welfare or safety and which requires protection from the
effects of wastes, discharges, emissions and deposits;
“benefited environment” means that environment which has benefited through the imposition of
one or more obligations on the burdened land;
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“biological diversity” means the variability among living organisms from all sources
including, terrestrial ecosystems, aquatic ecosystems and the ecological complexes of which
they are part; this includes diversity within species, among species and of ecosystems;
“biological resources” include genetic resources organisms or parts thereof, populations, or any
other biotic component or ecosystem with actual or potential
use or value for humanity
“burdened land” means any land upon which an environmental conservation order has been
imposed in terms of this Act;
“climate change” means a change in the statistical distribution of weather patterns when that
change lasts for an extended period of time (i.e., decades to millions of years).
“chemical” means a chemical substance in any form whether by itself or in a mixture or
preparation, whether manufactured or derived from nature and for the purposes of this Act
includes industrial chemicals, pesticides, fertilizers and drugs;
“Coastal zone” means is a region where interaction of the sea and land processes occurs;
“Continental Shelf” means the exclusive economic zone established under the Territorial Sea
and Exclusive Economic Zone Act of Namibia;
“construction” means the building, erection or modification of a facility, structure or
infrastructure that is necessary for the undertaking of an activity, including the modification,
alteration, upgrading or decommissioning of such facility, structure or infrastructure;
“closure” means the final termination of all project activities.
“competent authority” means -
(a) an organ of state which is responsible, under any law, for granting or refusing an
authorisation; or
(b) the competent authority identified in terms of the Act
“Criminal Procedure Act” means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);
“environment” means the complex of natural and anthropogenic factors and elements
that are mutually interrelated and affect the ecological equilibrium and the quality of life,
including -
(a) the natural environment that is the land, water and air, all organic and inorganic
material and all living organisms; and
(b) the human environment that is the landscape and natural, cultural, historical,
aesthetic, economic and social heritage and values;
“Ecosystem” means a dynamic complex of plant, animal, micro-organism
communities and their non-living environment interacting as a functional unit;
“ecosystem services” means provisioning, such as the production of food and water; regulating,
such as the control of climate and disease; supporting, such as nutrient cycles and crop pollination;
and cultural, such as spiritual and recreational benefits..
“ecosystem function” means the biological, geochemical and physical processes and components
that take place or occur within an ecosystem.
“cultural services” means the non-material benefits people obtain from ecosystems through
spiritual enrichment, cognitive development, reflection, recreation, and aesthetic experience,
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including, e.g., knowledge systems, social relations, and aesthetic values.
“environment” includes the physical factors of the surroundings of human beings including
land, water, atmosphere, climate, sound, odour, taste, the biological factors of animals and
plants and the social factor of aesthetics and includes both the natural and the built environment;
“Environmental Assessment Practitioner” (EAP) means a natural person qualified to perform an
environmental assessment
“Environmental Clearance Certificate” ;
“environmental assessment” means
(a) assessment undertaken for policy, plan or programme and includes scoping, strategic
environmental assessment (SEA) and development of Strategic Environmental
Management (SEMP)
(b) assessment undertaken with respect to site-specific projects and includes scoping,
Environmental Impact Assessment (EIA) and development of Environmental
Management Plans (EMP)
“effluent” means gaseous waste, water or liquid or other fluid of domestic, agricultural,
trade or industrial origin treated or untreated and discharged directly or indirectly into the
aquatic environment;
“element” in relation to the environment means any of the principal constituent parts of the
environment including water, atmosphere, soil, vegetation, climate, sound, odour, aesthetics, fish
and wildlife;
“environmental audit” means the systematic, documented, periodic and objective evaluation of
how well environmental organisation, management and equipment are
performing in conserving or preserving the environment;
“environmental compliance monitoring” means continuous process of obtaining information to
determine if the parties required under law to control their polluting discharges and emissions
are doing so.
"environmental damage" means the destruction of the physical factors of the surroundings of
human beings including land, water, atmosphere, climate, sound, odour, taste, the
biological factors of animals and plants and the social factor of aesthetics and includes both the
natural and the built environment;.
“environmental education” includes the process of recognising values and clarifying concepts in
order to develop skills and attitudes necessary to understand and
appreciate the inter-relatedness among man, his culture and his biophysical
surroundings;
“environmental impact assessment” means a systematic examination conducted to determine
whether or not a programme, activity or project will have any adverse impacts on the
environment;
“Environmental Inspector” means any environmental inspector appointed or designated under
this Act;
“environmental management” includes the protection, conservation and sustainable use of the
various elements or components of the environment;
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“environmental monitoring” means the continuous or periodic determination of actual and
potential effects of any activity or phenomenon on the environment whether short-term or long-
term;
“environmental planning” means both long-term and short-term planning that takes into account
environmental exigencies;
“environmental resources” includes the resources of the air, land, flora, fauna and water together
with their aesthetical qualities;
“environmental restoration order” means an order issued in terms of the provisions of this Act;
“environmentally friendly” includes any phenomenon or activity that does not cause
harm or degradation to the environment;
“Environmental Commissioner” means the Environmental Commissioner appointed as the
Managing Director of the Commission in terms of this Act;
“environmental officer” means an environmental officer appointed in terms of the provisions of
this Act
“exception” means the action of freeing or state of being free from an obligation or liability
imposed on others.
“financial guarantee” is a promise to take responsibility for another party's financial obligation
if that party cannot meet its obligation. The entity assuming this responsibility is called the
guarantor;
“Fund” means a fund established in terms of the provisions of this Act;
“listed activity” means an activity listed and cannot be undertaken without an environmental
clearance certificate issued in terms of provisions of this Act;
“hazardous substance” means any chemical, waste, gas, medicine, drug, plant, animal or micro-
organism which is likely to be injurious to human health or the environment;
“hazardous waste” means any waste which has been determined by the Commission to be
hazardous waste or to belong to any other category of waste provided for in accordance with the
provisions of this Act;
“Material Safety Data Sheet (MSDS)” means a document that contains
information on the potential hazards (health, fire, reactivity and environmental) and how to
work safely with the chemical product.
“Minister” means the Minister responsible for environment;
“Ministry” means the Ministry responsible for the administration of matters relating to the
environment;
“mixture containing oil” means a mixture of substances or liquids with such oil content as may
be specified under this Act or, if such oil content is not specified, a mixture with an oil content
of one hundred parts or more in one million parts of the mixture;
“noise” means any undesirable sound that is intrinsically objectionable or that may cause
adverse effect on human health or the environment;
“occupational air quality” means the concentration prescribed under or pursuant to this Act of a
substance or energy in the atmosphere within a structure or underground space in which human
activities take place;
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“occupier” means a person in occupation or control of premises, and in relation to premises
different parts of which are occupied by different persons, means the respective persons in
occupation or control of each part;
“oil” includes –
(a) crude oil, refined oil, diesel oil, fuel oil and lubricating oil; and
(b) any other description of oil which may be prescribed;
“operator” means any natural or legal, private or public person who operates or controls the
damaging occupational activity or, where this is provided for in national legislation, to whom
decisive economic power over the technical functioning of such an activity has been delegated,
including the holder of a permit or authorisation for such an activity or the person registering or
notifying such an activity.
“owner” in relation to any premises means –
(a) the registered proprietor of the premises;
(b) the lessee, including a sub-lessee of the premises;
(c) the agent or trustee of any other owners described in paragraphs (a) and (b) of this
interpretation section or where such owner as described in paragraphs (a) and (b)
cannot be traced or has died, his legal personal representative;
(d) the person for the time being receiving the rent of the premises whether on his /
her own account or as agent or trustee for any other person or as receiver or who
would receive the rent if such premises were let to a tenant; and in relation to any
ship means the person registered as the owner of the ship or in the absence of
registration, the person owning the ship; except that in the case of a ship owned by
any country and operated by a company which in that country is registered as the
ship’s operator, “owner” shall include such country and the master of the ship;
“organs of state” means Line Ministries, Parastatals, Regional Councils and Local Authorities
that exercise functions / mandate that may affect the environment or are entrusted with powers
and duties aimed at the achievement, promotion, and protection of a sustainable environment,
and for matters pertaining thereto.
“Permanent Secretary” means the Permanent Secretary of the Ministry; “person” includes an
organ of state;
“premises” includes land and any building, structure, vehicle, ship, vessel, aircraft or
container;
“prescribe” or “prescribed” means prescribe or prescribed by regulation; “proponent” means a
person who proposes to undertake a listed project activity;
“provisioning services” means the products obtained from ecosystems, including, for example,
genetic resources, food and fibre, and fresh water.
“ozone layer” means the layer of the atmospheric zone above the planetary boundary layer as
defined in the Vienna Convention for the Protection of the Ozone Layer, 1985;
“plan” means a set of coordinated projects proposed by an organ of state;
“policy” means a statutory statement of intent providing aims and actors for plans and
programmes valid over a period of two to three decades;
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“PPP” means Policy, Plan or Programme;
“programme” mean a set of coordinated plans;
“pollutant” includes any substance whether liquid, solid or gaseous which –
(a) may directly or indirectly alter the quality of any element of the receiving
environment;
(b) is hazardous or potentially hazardous to human health or the environment; and
includes objectionable odours, radio-activity, noise, temperature change or
physical, chemical or biological change to any segment or element of the
environment;
“polluter-pays principle” means that the cost of cleaning up any element of the environment
damaged by pollution, compensating victims of pollution, cost of beneficial uses lost as a result
of an act of pollution and other costs that are connected with or incidental to the foregoing, is to
be paid or borne by the person convicted of pollution under this Act or any other applicable law
or regulations;
“pollution” means any direct or indirect alteration of the physical, thermal, chemical, biological,
or radio-active properties of any part of the environment by discharging, emitting, or depositing
wastes so as to affect any beneficial use adversely, to cause
a condition which is hazardous or potentially hazardous to public health, safety or welfare, or to
animals, birds, wildlife, fish or aquatic life, or to plants or to cause contravention of any
condition, limitation, or restriction which is subject to a licence under this Act;
“practicable” means reasonably practicable having regard, among other things, to local
conditions and knowledge and the term “practicable means” include the provision and the
efficient maintenance of plants and the proper use thereof, and the supervision by or on behalf
of the occupier of any process or operation;
“precautionary principle” is the principle that where there are threats of damage to the
environment, whether serious or irreversible, lack of full scientific certainty shall not be used as
a reason for postponing cost-effective measures to prevent environmental degradation;
“premises” include measures, buildings, lands, and hereditaments in every tenure and
machinery, plant or vehicle used in connection with any trade carried on at any premises;
“proponent” means a person proposing or executing a project activity or an undertaking
specified listed in terms of the provisions of this Act;
“proprietary information” means information relating to any manufacturing process, trade
secret, trade mark, copyright, patent or formula protected by law in Namibia or by any
international treaty to which Namibia is a party;
“public consultation, or simply consultation, is a regulatory process by which the public's input
on matters affecting them is sought. Its main goals are in improving the efficiency, transparency
and public involvement in policies plans, programme and projects activities
“rehabilitate” means to take measures in accordance with the standards prescribed by the
regulations with respect to undertaking site –specific project activities so that the use or
condition of the site
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(i) is restored as close as is reasonably possible to its former use or condition,
(ii) is restored to a condition that is acceptable to the minister, or
(iii) is made suitable for a use that the minister considers appropriate;”;
““rehabilitation” means the process of returning the land in a given area to some degree of its
former state, after some process (industry, natural disasters, etc.) has resulted in its damage.
“regulation” means a regulation made under this Act;
“review” when used in Part VIII, means the process of determining whether an assessment has
been carried out correctly or whether the resulting information is adequate in order to make a
decision;
“significant effect” means having, or likely to have, a consequential qualitative or quantitative
impact on the environment, including changes in ecological, aesthetic, cultural, historic,
economic and social factors, whether directly or indirectly, individually or collectively;
“risk Assessment” means a scientifically based process consisting of four steps: hazard
identification, hazard characterization, exposure assessment and risk characterization.
“staff member” means a staff member as defined in section (1) of the Public Service Act,
1995 (Act No. 13 of 1995);
“regulating” services means the benefits obtained from the regulation of ecosystem processes,
including, for example, the regulation of climate, water, and some human diseases.
“scoping” means the process of determining the content and extent of the matters which should
be covered in the. environmental assessment and is inclusive of preparation of Term of
Reference for the SEA;
“screening” means the process of determination of whether or not an environmental assessment
is required for policy, plan, programme or project activity.
“ship” includes every description of vessel or craft or floating structure;
“soil” includes earth, sand, rock, shales, minerals, vegetation, and the flora and fauna in the soil
and derivatives thereof such as dust;
“standard” means the limits of discharge or emissions established under this Act or under
regulations made pursuant to this Act or any other written law;
“sustainable development” means development that meets the needs of the present generation
without compromising the ability of future generations to meet their needs by maintaining the
carrying capacity of the supporting ecosystems;
“sustainable use” means present use of the environment or natural resources which does not
compromise the ability to use the same by future generations or degrade the carrying capacity of
supporting ecosystems;
“supporting” services means ecosystem services that are necessary for the production of all other
ecosystem services. Some examples include biomass production, production of atmospheric
oxygen, soil formation and retention, nutrient cycling, water cycling, and provisioning of habitat.
“stakeholder”, means individuals or groups that are affected by a decision and have an interest in
its outcome.
“strategic environmental assessment (SEA)” means a process for evaluating the environmental
consequences of proposed plan, policy or programme initiatives in order to ensure that they are
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fully included and appropriately addressed at the earliest stage of decision making, on par with
economic and social considerations
“trade” means any trade, business or undertaking whether originally carried on a fixed premises
or at varying places which may result in discharge of substances and energy and includes any
activity prescribed to be a trade, business or undertaking for the purpose of this Act;
“terms of reference” (ToR) means a document outlining the scope and limitations of an activity
detailing all aspects of how a consultant or a team will conduct an evaluation. It defines the
objectives and the scope of the evaluation, outlines the responsibilities of the consultant or team,
and provides a clear description of the resources available to conduct the study.
“waste” includes any matter prescribed to be waste and any matter, whether liquid, solid,
gaseous, or radioactive, which is discharged, emitted, or deposited in the environment in such
volume composition or manner likely to cause an alteration of the environment;
“wetland” means areas permanently or seasonally flooded by water where plants and animals
have become adapted;
“this Act”, includes any notice or regulation issued or made under this Act.
(2) Purpose and application of regulations
(1) The purpose of these Regulations is to regulate the procedure and criteria as
contemplated in Part IV of the Act relating to the coordination and harmonise the
undertaking of Strategic Environmental Assessment (SEA) and development of
Strategic Environmental Management Plan (SEMP) for policies, plans,
programmes and decisions of the various organs of state that exercise functions that
may affect the environment or are entrusted with powers and duties aimed at the
achievement, promotion, and protection of a sustainable environment, and for
matters pertaining thereto.
(2) These regulations apply to Organs of State listed in Government Notice as
published.
(3) The Organs of State referred to in sub-regulation (2), are Organs of State that may
not approve and implement a Policy, Plan or Programme (PPP) without an
environmental clearance certificate.
(3) Identification of organs of state
(1) Organs of State are Line Ministries, Parastatals, Regional Councils and Local
Authorities that exercise functions / mandate that may affect the environment or
are entrusted with powers and duties aimed at the achievement, promotion, and
protection of a sustainable environment, and for matters pertaining thereto.
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(2) International, regional or national bilateral or multi-lateral Policy, Plan or
Programme supports, proposed through development partnership with a listed
Organ of State are all subject to the fulfilment of the requirements of these
regulations;
(3) The Organs of State, which must apply for Environmental Clearance Certificate in
respect of a Policy, Plan or Programme have been determined in terms of the
provisions of the Act and are listed in Annexure 3;
(4) Any dispute or disagreement in respect of who the Organ of State should be in
relation to any specific Policy, Plan or Programme that may be implemented by an
institution which is not listed as an Organ of State in terms of these regulations
must be resolved by the Minister or by the Minister and the designated competent
authority, as the case may be.
(4) Roles of organs of state
(1) An Organ of State may, on its own initiative, or upon request by the
Environmental Commissioner or an EAP managing the environmental
assessment with respect to a specific Policy, Plan or Programme implement
the process of environmental assessment if such Organ of State is listed in
terms of these regulations and subject to the payment of any prescribed fee, if
applicable-
( a) give the Environmental Commissioner or EAP access to any guidelines,
departmental policies, decision-making instruments and information on
practices that have been developed or to any other information in the
possession of the Organ of State that is relevant to the SEA; or
(b) advise the Environmental Commissioner or EAP, either in writing or by way
of discussions, of the nature and extent of any of the processes that must be
followed in order to comply with the Act and these regulations with respect
to a specific Policy, Plan or Programme to which the environmental
assessment is applicable.
(2) The Organ of State and the Environmental Commissioner or EAP, must on written
request by a registered stakeholder, provide access to the officially adopted minutes
of meetings as contemplated in subregulation (1) (b), to such a registered
stakeholder.
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(5) Consultation between organ of state and environmental commissioner
(1) The Environmental Commissioner must consult with the relevant Organs of
State that administers a law relating to the proposed Policy, Plan or
Programme when he or she considers the notification for registration or
application for environmental clearance certificate.
(2) An Organ of State or competent authority consulted in terms of sub-regulation
(1) must submit its comments within twenty-one (21) working days from the
date on which the Environmental Commissioner requests such Organ of State
or competent authority, in writing to, submit comments with respect to a
specific Policy, Plan or Programme registration or application for
environmental clearance certificate.
(6) Organ of state’ right of access to information
(1) An Organ of State is entitled to all information that reasonably has or may have
the potential of influencing any decision with regard to a Policy, Plan or
Programme registration or application for environmental clearance certificate
unless access to such information is protected by law or of the nature of national
security.
(2) Unless access to the information contemplated in sub-regulation (1) is protected
by law or of the nature of national security, an Organ of State, or EAP in
possession of that information must, on request by the Organ of State or
Environmental Commissioner disclose such information to the Organ of State or
Environmental Commissioner whether or not such information is favourable to
the Policy, Plan or Programme registration or application for environmental
clearance certificate.
(7) Timing for environmental assessment implementation and duties of the organ
of state
(1) Timing for implementation of the environmental assessment in form of
Environmental Scoping, Strategic Environmental Assessment (SEA) and
Strategic Environmental Management Plan (SEMP) with respect to a specific
Policy, Plan or Programme (PPP) development may be undertaken in three
main modes in order of preference -
(a) Integrated with the process of developing the Policy, Plan or Programme
(PPP) being assessed – so that the environmental assessment has the
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maximum potential to support and inform the Policy, Plan or Programme
development process.
(b) In parallel with the development/preparation of the Policy, Plan or
Programme to ensure strong links and dialogue between the Policy, Plan or
Programme development and environmental assessment teams at all
critical steps
(c) Ex post – after the Policy, Plan or Programme has been developed – when
the ability of the environmental assessment to influence the content of the
Policy, Plan or Programme are much more limited.
(2) An Organ of State must notify the Environmental Commissioner of the
proposed Policy, Plan or Programme thorough a notification to register such a
Policy, Plan or Programme for implementation of an environmental
assessment.
(3) The notification to the Environmental Commissioner for implementation of
environmental assessment with respect to a specific Policy, Plan or
Programme development by an Organ of State contemplated in the sub-
regulations (1) shall contain-
(a) all the sector Policy, Plan or Programme global and specific objectives
inline with the mandate of such Organ of State;
(4) The Organ of State must ensure that the environmental assessment procedures,
specified in the Act, these regulations and guidelines, with respect to the
proposed Policy, Plan or Programme for implementation are followed
(5) The steps to be followed as contemplated in subregulation (4) shall include-
(a) establishing the context for the environmental assessment through
screening to decide whether environmental assessment in terms of these
regulations is appropriate and relevant in relation to the proposed Policy,
Plan or Programme
(b) implementation of the environmental assessment in terms of these
regulations for the proposed Policy, Plan or Programme
(c) recommendations (in dialogue with stakeholders) in terms of these
regulations
(d) monitoring and evaluation of the environmental assessment
recommendations and the proposed Policy, Plan or Programme
implementation framework.
(8) General requirements for EAPs
(1) An EAP must -
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(a) have knowledge of and experience in conducting environmental
assessments, including knowledge of the Act, these regulations and
guidelines that have relevance to the proposed Policy, Plan or
Programme;
(b) undertake the environmental assessment in an objective manner, even if
this results in views and findings that are not favorable to the Organ of
State;
(c) comply with the provisions of Act, these regulations and guidelines and
hat have relevance to the proposed Policy, Plan or Programme, and;
(d) disclose to the Organ of State, stakeholders and the Environmental
Commissioner all material information in the possession of the EAP that
reasonably has or may have the potential of influencing -
(i) any decision to be taken with respect to the notification or
application for environmental clearance certificate in terms of the
Act and these regulations; or
(ii) the objectivity of any report, plan or document to be prepared by the
EAP in terms of the Act and these regulations.
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PART 2: SCREENING AND EXCEPTIONS
(9) Determining if proposed policy, plan or programme requires environmental
assessment
(1) Before submitting a notification for Policy, Plan or Programme registration to the
Environmental Commissioner, the Organ of State must, with reference to the
Screening List in Annexure 3A, determine that the proposed Policy, Plan or
Programme for which the notification for registration is made, falls within the
mandate of a listed Organ of State.
(2) For the purposes of sub-regulation (1), the Organ of State may consult the
Environmental Commissioner, the regulations and guidelines, if any.
(3) If the Organ of State has in terms of sub-regulation (1) determined that it is listed
under Annexure 3A, the Organ of State must submit the notification to the
Environmental Commissioner for Policy, Plan or Programme registration in
accordance with these regulations and follow the stakeholders consultation process
under regulations 11, 12, 13 and 14
(4) The Organs of State listed under Annexure 3-
(a) have Policy, Plan or Programme mandate that are likely to have significant
adverse environmental impacts and require environmental assessment covering
either Scoping, Strategic Environmental Assessment (Inclusive of Specialist
Studies) (SEA) and Strategic Environmental Management Plan (SEMP)
(Inclusive of Performance Monitoring Plan) as approved by the Environmental
Commissioner;
(10) Procedure for excepted and not listed organs of state
(1) The Organs of State that may be excepted –
(a) are listed in Annexure 3B;
(b) If an Organ of State is not listed under Annexure 3B and the Organ of State
has justification that the proposed Policy, Plan or Programme may be
excepted, the Organ of State may apply to the Environmental Commissioner
for such an exception by completing the application for Environmental
Clearance Certificate Form 5 in Annexure 1.
(3) For the purposes of sub-regulations (1) and (2)(b), the Organ of State may consult the
the Environmental Commissioner and relevant guidelines, if any.
16
(2) If the Organ of State has in terms of these Regulations determined that it is not listed
in Annexure 3, the Organ of State may proceed with the preparation and
implementation of the proposed Policy, Plan or Programme without any further
requirements for environmental clearance certificate under these regulations provided
that all the other requirements of other relevant Organs of State at different levels of
Government are met.
PART 3: PUBLIC CONSULTATIONS PROCESS
17
(11) Public consultation
(1) This section applies only to Policy, Plan or Programme specifically requiring public
consultation in terms of these regulations.
(2) The Organ of State shall develop a Stakeholder Engagement Strategy for internal use
by the Organ of State in order to prepare and implement the Stakeholders Engagement
Plan (SEP) that will assist in undertaking a focused and effective public consultation
process under regulations 11, 12, 13 and 14 and the SEP shall be inclusive of the
following steps –
(a) Stakeholder mapping through defining criteria for identifying key stakeholders
(b) selecting appropriate engagement mechanisms and method including choice on
holding one to one meetings or open public / institutional/ private sector /
meetings / workshops, radio / Tv announcements
(c) conduct the public consultation process, and identified measures to ensure
equitable opportunity for stakeholder contribution and to mitigate tensions
during the process while remaining focused on the issues.
(d) A plan for addressing concerns raised and other input provided during the
public consultation process; including the manner of determining further
actions, revisit goals and plan next steps for follow-up and future engagement.
(12) Public consultation process
(1) The person conducting public consultation process must invite and give notice to the
public of the notification or application which is subjected to public consultation
process by -
(a) giving written notice to –
(i) all identified stakeholders;
(ii) any other Organ of State or competent authority having jurisdiction in
respect of any aspect of the proposed Policy, Plan or Programme.
(b) advertising the notification or application for environmental clearance once a
week for two consecutive weeks in a newspaper publication circulated widely
in Namibia. The duration / validity of the advertisement shall be for a period of
18
twenty-one (21) working days after the first advertisement publication appears
in the local newspapers.
(c) advertising in a manner that is most appropriate to the prevailing conditions,
including making announcements on the radio and at places where the public
may gather and are likely to receive or see the notification or application of the
intended policy, plan or programme activity.
(2) A notice, notice board or advertisement referred to in subregulation (1) must -
(a) give details of the notification or application which is subjected to public
consultation; and
(b) state -
(i) that the notification or application is to be submitted to the
Environmental Commissioner in terms of these regulations;
(ii) the nature and location of the intended policy, plan or programme
activity to which the notification or application relates;
(iii) where further information on the notification or application intended
policy, plan or programme activity can he obtained.
(4) If a deviation from subregulation (2) is appropriate the person conducting the public
consultation process may deviate from the requirements of these regulations to the
extent and in the manner agreed with the Environmental Commissioner after
consultation with the Organ of State.
(5) When complying with this regulation, the person conducting the public consultation
process must ensure that -
(a) information containing all relevant facts in respect of the notification or
application is made available to the public; and
(b) public consultation is facilitated in such a manner the public are provided with
a reasonable opportunity for familiarising themselves with the consultation
process and comment on the notification or application.
19
(13) Registration of stakeholders
(1) The Organ of State must open and maintain a register which contains the names and
addresses of -
(a) all persons who, as a consequence of the public consultation process
conducted in respect of that notification or application, have submitted
written comments or attended meetings organised by the Organ of State;
(b) all persons who, after completion of the public consultation process referred
to in paragraph (a), have requested the Organ of State in writing, for their
names to be placed on the register; and
(c) all other Organs of State which have jurisdiction in respect of the Policy,
Plan or Programme to which the notification or application relates.
(2) An Organ of State must give access to the stakeholder register to any person who
submits a request for access to such stakeholders register in writing.
(14) Registered stakeholders
(1) A registered stakeholder is entitled to comment in writing, on all written
submissions made to the Environmental Commissioner by the Organ of State for a
notification or application for intended policy, plan or programme activity, and to
bring to the attention of the Environmental Commissioner any issues which that
stakeholder, believes may be of significance to the consideration of the notification
or application, as long as -
(a) comments are submitted within twenty-one (21) working days of the
notification or application of the public consultation process organised by the
Organ of State;
(b) the stakeholders discloses any direct business, financial, personal or other
interest which that stakeholders may have in the approval or refusal of the
notification or application.
(2) Before the Organ of State submits a final report compiled in terms of these
regulations to the Environmental Commissioner, the Organ of State must give
stakeholders access to, and an opportunity to comment in writing on the draft
reports;
(3) Reports referred to in subregulation (2) include -
(a) environmental scoping reports, and;
(b) assessment reports including specialist reports;
(b) environmental management and monitoring plans reports;
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(15) Comments of stakeholder to be recorded
(1) All comments from a stakeholder must be recorded by the Organ of State and must
accompany the final report when submitted to the Environmental Commissioner.
(16) Public notices for application of environmental certificate
(1) Before the Organ of State submits the final environmental reports compiled in terms of
these regulations to the Environmental Commissioner, the Organ of State must give
notice to the registered stakeholders of the intention of the Organ of State to apply for an
environmental clearance certificate;
(2) The notice to stakeholders in subregulation (1) shall -
(3) (a) clearly indicate the date when the final Environmental Assessment reports will be
submitted to the Office of the Environmental Commissioner.
(b) invite all the stakeholders to submit written inputs/ comments / objection to the
application within twenty-one (21)working days from the date of first publication
of the notice.
(5) Proof of public consultation process undertaken with respect to a specific policy, plan or
programme must be included to the application for an environmental clearance
certificate and such proof may include copies of the advertisements, stakeholders
register, all communications, minutes of the meetings / workshop undertaken or any
copies of proof of other public consultation materials used as the case may be.
(6) The Commissions may consult and request an organ of state, other organs of state or
competent authorities whose area of responsibility or interests may be affected by the
performance of the function or duty or the exercise of the power or adoption of a
proposed policy, plan or programme to submit additional comments/ objection /input.
(7) The Commission may request additional justification information from a registered
stakeholders submitting objections for a policy, plan , programme activities and such
additional justification information if not provided may include detailed explanation with
factual data on the objections, names of the individuals behind such an objection,
affiliations, sources of funding for environmental advocacy in order to protect national
interests and any other information that the Commission may consider relevant to the
notification or application;
(8) Failure to submit such requested consultative and additional information that the
Commissions may request in terms of regulations (5) and (6) will deem any objection/
comments/ inputs invalid and will not be considered in the decision making process for
the notification or application under considerations.
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PART 4: ENVIRONMENTAL ASSESSMENT PROCESS FOR LISTED ORGANS OF STATE
(17) Draft environmental scoping report
(1) After determination that the Organ of State is listed in Annexure 3A must prepare a
draft environmental scoping report with terms of reference.
(2) the draft environmental scoping report must include -
(a) the curriculum vitae of the Environmental Assessment Practitioner (EAP) who
prepared the report
(b) a description of the proposed Policy, Plan or Programme.
(c) a description of the environmental requirements relevant to proposed Policy,
Plan or Programme
(d) a description of the institutional and legislative framework
(e) a presentation of the relevant and applicable global, national and specific
environmental objectives;
(f) an identification of the stakeholders and their concerns.
(g) an identification of the key potential environmental and environmentally-
linked social impacts and the degree to which it addresses the key
environmental concerns;
(h) a description of the scope of work to be undertaken;
(i) a description of the impact identification and evaluation methodologies to be
used in the assessment process;
(j) a description of the Stakeholder Engagement Plan (SEP).
(k) a proposal of the methodology to be used.
(l) terms of reference for SEA and SEMP .
(3) The terms of reference for an assessment shall provide details of the methodological
approaches that the Organ of State intends to follow in undertaking an assessment in
accordance with the Act, these regulations and guidelines and must include -
(a) list of specialist consultants undertaking the specialist study as may be
required if already known;
(b) a description of all tasks to be undertaken as part of the assessment process
and development of the management plan;
(c) a description of the proposed method of assessing the environmental issues
22
and alternatives; and
(d) public consultation processes to be conducted during the assessment process.
(18) Notification for policy, plan or programme registration and public
consultations
(1) After preparation of the draft environmental scoping report with Terms of
Reference for implementing a Strategic Environmental Assessment (SEA) and
preparation of the Strategic Environmental Management Plan (SEMP) in accordance
these regulations, the Organ of State shall submit a notification for Policy, Plan or
Programme registration with the Environmental Commissioner;
(2) The notification for Policy, Plan or Programme registration with a draft
Environmental scoping report must be -
(a) made on a form which corresponds substantially with Form 1 of Annexure 1 to
these regulations, and obtainable from the Office of the Environmental
Commissioner and other designated offices; and
(b) submitted to the Environmental Commissioner in terms of the Act.
(3) After submitting the notification for Policy, Plan or Programme registration to the
Environmental Commissioner in terms of the Act, the Organ of State shall -
(a) conduct public consultation process in accordance with these regulations;
(b) conduct the specialist studies as provided for in the terms of reference;
(c) Start preparing the draft Strategic Environmental Management Plan (SEA)
Report;
(d) Start preparing the draft Strategic Environmental Management Plan (SEMP);(8) On receipt of feedback from the Environmental Commissioner with respect to the
notification for Policy, Plan or Programme registration, the Organ of State must take
into considerations the content of such communication from the Environmental
Commissioner in conducting the assessment and preparation of the final
environmental scoping, draft Strategic Environmental Assessment (SEA) and
Strategic Environmental Management Plan (SEMP) reports.
(19) Preparation of the strategic environmental assessment
(1) After submitting the notification for Policy, Plan or Programme registration to the
Environmental Commissioner and implementation of the public consultation process,
the Organ of State must prepare the draft Strategic Environmental Assessment
(SEA) Report including the results and recommendations of the specialist studies that
23
has been undertaken including;
(a) the alternatives with assessment of impacts;
(b) stakeholder concerns including areas of agreement and disagreement, and
recommendations for keeping stakeholders informed about implementation of
recommendations;
(c) the enhancement and mitigation measures proposed;
(d) the rationale for suggesting any preferred alternative option and accepting any
significant trade-offs;
(e) the proposed mitigation measures for Policy, Plan or Programme for
implementation (including monitoring);
(f) the benefits that are anticipated and any outstanding issues that need to be
resolved;
(8) The draft SEA Report referred to in subregulation (1) must contain all information on
the proposed Policy, Plan or Programme activities lifecycle that is necessary for the
Environmental Commissioner to consider and to make a decision on the application
for Environmental Clearance Certificate, and must include -
(a) executive summary
(b) scope
(c) background covering justification and purpose, alternatives, environmental
policy, legislative and planning framework
(d) approach and methodology covering general approach, geographical or
environmental mapping units as well as assumptions, uncertainties and
constraints
(e) environmental baseline study
(f) description of the current and expected effects on the environment
(g) identification of environment risks, constraints and opportunities
(h) impact identification and evaluation
(i) analysis of alternatives
(j) adaptation, mitigation and optimising measures
(k) indicators
(l) institutional capacities
24
(m) conclusions and recommendations
(n) technical appendices including -
(i) maps and other illustrative information not incorporated into the main
report
(ii) other technical information and data, as required
(iii) list of stakeholders consulted/engaged
(iv) records of stakeholders’ participation
(o) other appendices including -
(i) study methodology / work plan (2–4 pages)
(ii) list of persons/organisations consulted with their affiliation and contact
details (1–2 pages)
(iii) details and main outcomes of the stakeholder engagement strategy
(iv) list of documentation consulted (1–2 pages)
(v) curriculum vitae of the EAP (1 page per person)
(vi) terms of reference for the SEA undertaken.
(20) Preparation of the draft strategic environmental management plan
(1) After submitting the notification for Policy, Plan or Programme registration to the
Environmental Commissioner and implementation of the public consultation process,
the Organ of State must prepare the draft Strategic Environmental Management Plan
(SEMP);
(2) The draft Strategic Environmental Management Plan (SEMP) referred to in
subregulation (1) must contain all information on the proposed Policy, Plan or
Programme that is necessary for the Environmental Commissioner to consider and to
make a decision on the application for Environmental Clearance Certificate, and must
include information on any -
(a) the curriculum vitae of the EAP who compiled the report;
(b) a brief non-technical summary of the information.
(c) a summary description of the proposed Policy, Plan or Programme objectives or
desired outcomes;
25
(d) outline of the key issues and opportunities identified
(e) outline of the key constraints and risks
(f) recommended mitigation measures
(g) roles and responsibilities for Strategic Environmental Management Plan (SEMP)
implementation
(h) outline of the monitoring strategy
(i) outline of the performance indicators targets or goals to be achieved
(j) define the timing for implementation, monitoring and evaluation
(21) Preparation of final environmental scoping reports
(1) After preparation of the draft Strategic Environmental Assessment and draft
Strategic Environmental Management Plan reports, the Organ of State must prepare
the final environmental scoping report;
(2) The final environmental scoping report referred to in subregulation (1) must be
prepared in accordance with provisions of thee regulations.
(22) Public consultations for final scoping, draft SEA and SEMP
(1) After preparation of the draft Strategic Environmental Assessment and draft
Strategic Environmental Management Plan and Final Environmental Scoping
reports in accordance with these regulations, the Organ of State must conduct public
consultation process.
(2) On completion of conducting the public consultations process in accordance with
these regulations, the Organ of State must incorporate all comments, objections,
inputs and feedback received from stakeholders in the draft Strategic Environmental
Assessment and draft Strategic Environmental Management Plan as part of the
process of finalising the reports;
(3) Upon incorporation of all the stakeholders comments, objections, input and
feedback, the Organ of State may submitted the final reports to Environmental
Commissioner as part of an application for environmental clearance certificate in
accordance with regulations.
26
(23) Application for environmental clearance certificate (Submission of final
reports: scoping, EIA and SEMP)
(1) After completing the public consultation process and before submitting the
application to the Environmental Commissioner for environmental clearance
certificate, the Organ of State must first give notice to public in accordance with
regulation 16.
(2) The application for an environmental clearance certificate with final Strategic
Environmental Assessment, Strategic Environmental Management Plan and
Environmental Scoping reports must be -
(a) made on a form which corresponds substantially with Form 2 of Annexure 1 to
the regulations, and obtainable from the Office of the Environmental
Commissioner and other designated offices; and
(b) submitted to the Environmental Commissioner in terms of the Act.
27
PART 5: ENVIRONMENTAL COMMISSIONERS RECORDS OF DECISIONS
(24) Considerations of notification for policy, plan or programme registration
(1) On receipt of a notification for Policy, Plan or Programme registration the
Environmental Commissioner must -
(a) register the notification for Policy, Plan or Programme registration in the
notification register;
(b
)
within twenty-one (21) working days of receipt of notification for Policy, Plan
or Programme registration consider and notify the Organ of State in writing
of the -
(i) acceptance of the notification for Policy, Plan or Programme registration;
(ii) rejection of the notification for Policy, Plan or Programme registration if
it does not comply with the Act, these regulations and guidelines, if any;
and
(iii) decision if the proposed Policy, Plan or Programme does not require
environmental clearance certificate in terms of these regulations;
(2) A notification for Policy, Plan or Programme registration that has been rejected in
terms of subregulation (1) (b) (ii) may be amended and be resubmitted by the Organ
of State.
(3) On receipt of an amended notification for Policy, Plan or Programme registration in
terms of subregulation (2) the Environmental Commissioner must reconsider the
notification for Policy, Plan or Programme registration in terms of subregulation
1(b).
(4) If the Environmental Commissioner accepts the notification for Policy, Plan or
Programme registration;
(5) The Environmental Commissioner must notify the Organ of State in writing of the
decision under subregulations (1), (2), (3) and (4) within twenty (21) working days
after receipt of such notification.
(25) Considerations of application for environmental clearance certificate and
exceptions
(1) On receipt of an application for an environmental clearance certificate in terms of
these regulations the Environmental Commissioner must -
(a) register the application for an environmental clearance certificate in the
environmental clearance certificate application register
(b
)
within twenty-one (21) working days after receiving the application for
environmental clearance certificate, the Environmental Commissioner must,
consider application together with all the comments/input/ objections received
28
during the public consultation process and notify the Organ of State in writing
of the -
(i) acceptance of the application for environmental clearance certificate; or
(ii) rejection of the application for environmental clearance certificate if it
does not comply with the provisions of these regulations
(iii) decision to send the application for an environmental clearance certificate
for external review at the cost of the Organ of State.
(2) An application for an environmental clearance certificate that has been rejected in
terms of subregulation (1)(b)(ii) may be amended and be resubmitted by the Organ
of State.
(3) On receipt of an amended application for an environmental clearance certificate in
terms of subregulation (2) the Environmental Commissioner must reconsider the
application for an environmental clearance certificate in terms of subregulation 1(a),
(b) and (c).
(4) Within twenty-one (21) working days after submission of the amended application,
the Environmental Commissioner must, consider the application together with all the
comments/input/ objections received as part of the public consultation and notify the
Organ of State in writing of the -
(a) decision to approve or reject the application for an environmental clearance
certificate;
(c) in the event of an approval of the application, and on payment of the fee
prescribed in Annexure 2 to these regulations, and subject to such conditions, if
any, as the Environmental Commissioner deems necessary, issue the
environmental clearance certificate;
(5) On receipt of an exception application for an environmental clearance certificate in
terms of these regulations the Environmental Commissioner must -
(a) register the application for an environmental clearance certificate exception in
the environmental clearance certificate exception application register
(b
)
within twenty-one (21) days, accept or reject the application for environmental
clearance certificate exception and inform the Organ of State in writing.
If the application has been rejected, the Environmental Commissioner shall
directed the Organ of State to comply with the provisions of these regulations
in terms of Policy, Plan or Programme notification for registration or
application for Environmental Clearance Certificate
(26) Validity and renewal of environmental clearance certificate
29
(1) Environmental clearance certificate is valid for a period of not more than five (5)
years and may be renewed –
(a) if the organ of state has complied with all the conditions of the environmental
clearance certificate;
(b) if the organ of state has submitted all the environmental performance
monitoring reports for the period under review as may be prescribed as one of
the condition on the environmental clearance certificate or in these regulations.
(2) If the organ of state did not comply with the conditions of the Environmental
clearance certificate submitted for renewal, the Environmental Commissioner
may-
(a) request the organ of state for an explanation for not complying with the
conditions of the environmental clearance certificate
(b) request the organ of state to submit additional information thereof as may be
required;
(c) reject the renewal application and request the organ of state to submit the
policy, plan or programme registration notification and implement
environmental assessment process in accordance with these regulations.
(3) The environmental clearance certificate renewal application must be submitted to
the Environmental Commissioner ninety (90) working days before the expiry date.
(4) The application for renewal of the environmental clearance certificate, must be -
(a) made on a form which corresponds substantially with Form 2 of Annexure 1 to
these regulations, and obtainable from the Office of the Environmental
Commissioner and other designated offices;
(b) accompanied by the fee prescribed in Annexure 2 to these regulations; and
(c) submitted to the Environmental Commissioner.
(5) On receipt of a renewal application for an environmental clearance certificate in
terms of regulations, the Environmental Commissioner shall within twenty-one
(21) working days -
(a) register the renewal application for an environmental clearance certificate in
the environmental clearance certificate renewal application register
(b) accept the application for environmental clearance certificate renewal and
inform the organ of state in writing; or
(c) reject the application for renewal application for environmental clearance
certificate and in writing, direct the organ of state to comply with the
provisions of these regulations for listed organ of state;
(6) The Environmental Commissioner must notify the organ of state in writing of the
decision under subregulations (1), (2), (3) and (4).
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(27) Amendment of an environmental clearance certificate
(1) The request for an amendment of the environmental clearance certificate under the
Act and these regulations, must be -
(a) made on a form which corresponds substantially with Form 3 of Annexure 1 to
these regulations, and obtainable from the Office of the Environmental
Commissioner and other designated offices; and
(b) accompanied by the fee prescribed in Annexure 2 to these regulations; and
(c) submitted to the Environmental Commissioner.
(5) On receipt of an application for amendment of the environmental clearance
certificate in terms of subregulation (1), the Environmental Commissioner must
within twenty-one (21) working days -
(a) register the application for amendment of the environmental clearance
certificate in the environmental clearance certificate Amendments register;
(b
)
consider and notify the Organ of State of the environmental clearance
certificate in writing of -
(i) the approval of the application for amendment of the environmental
clearance certificate; or
(ii) the rejection of the application for amendment of the environmental
clearance certificate if it does not comply with the regulations;
(iii) the decision to grant the Organ of State an opportunity to submit further
representations on the proposed amendment, in writing;
(6) An application for amendment of an environmental clearance certificate that has
been rejected in terms of subregulation (1)(b)(ii) may be amended and be
resubmitted by the Organ of State.
(7) On receipt of an amended application for amendment of the environmental clearance
certificate in terms of subregulation (2) the Environmental Commissioner must
reconsider the application for amendment of the environmental clearance certificate
in terms of subregulation 1(b).
(8) The Environmental Commissioner must within twenty-one (21) working days from
the date of receiving the application for amendment of the environmental clearance
certificate in writing-
(i) notify the Organ of State of the decision to approve or reject the application
for amendment of the environmental clearance certificate
(ii) on payment of the fee prescribed in Annexure 2 to these Regulations, and
subject to conditions, if any, approve the application for amendment of the
environmental clearance certificate
(5) The Environmental Commissioner must notify the Organ of State of an
Environmental Clearance Certificate in writing of the decision under subregulations
31
(1), (2), (3) and (4).
(28) Transfer of environmental clearance certificate
(1) An application for the transfer of an environmental clearance certificate in terms of
the Act must be -
(a) made on a form which corresponds substantially with Form 4 of Annexure 1 to
the regulations, and obtainable from the Office of the Environmental
Commissioner and other designated offices; and
(b) accompanied by the relevant documents evidencing the need for the transfer;
(c) accompanied by the fee prescribed in Annexure 2 to the regulations; and
(d) submitted to the Environmental Commissioner.
(6) On receipt of an application for the transfer of an environmental clearance certificate
in terms of subregulation (1), the Environmental Commissioner must -
(a) register the application for transfer of the environmental clearance certificate in
the transfer of the environmental clearance certificate register;
(b
)
within twenty-one (21) working days of receipt of application for transfer of the
environmental clearance certificate consider and notify the Organ of State for
the transfer of the environmental clearance certificate in writing of the -
(i) approval of the application for transfer of the environmental clearance
certificate; or
(ii) rejection of the application for transfer of the environmental clearance
certificate if it does not comply with the regulations;
(iii) decision to give the Organ of State an opportunity to submit further
representations on the proposed transfer, in writing
(7) An application for transfer of environmental clearance certificate that has been
rejected in terms of subregulation (1)(b)(ii) may be amended and be resubmitted by
the holder.
(8) On receipt of an amended application for the transfer of environmental clearance
certificate in terms of subregulation (2) the Environmental Commissioner must
reconsider the application for transfer of the environmental clearance certificate in
terms of subregulation 1(b).
(9) The Environmental Commissioner must within twenty-one (21) working days from
the date of reviewing the amended application for transfer of the environmental
clearance certificate in writing-
(i) notify the a Organ of State of the decision on the application for transfer of
the environmental clearance certificate
(ii) on payment of the fee prescribed in Annexure 2 to the regulations, and
32
subject to conditions, if any, approve the application for transfer of the
environmental clearance certificate
(5) The Environmental Commissioner must notify the Organ of State of an
Environmental Clearance Certificate in writing of the decision under subregulations
(1), (2), (3) and (4)
PART 6: ADMINISTRATIVE MATERS
33
(29) Appeals in terms of act
(1) This Part applies to decisions that are subject to an appeal to the Minister in terms of
the Act
(2) An appeal in terms of section 74 of the Act must be-
(a) made within twenty-one (21) working days from the date of issue of the
notification of a decision in terms of the these regulations;
(b) made on a form which corresponds substantially with Form 6 of Annexure 1 to
the regulations, and obtainable from the Office of the Environmental
Commissioner and other designated offices;
(c) accompanied by the a fee prescribed in Annexure 2; and
(d) submitted to the secretary of the appeal panel, designated in terms of
subregulation (3).
(7) The Minister must designate a staff member within the Ministry as the secretary for
the purpose of an appeal in terms of the Act, who must perform administrative
functions relating to appeals.
(8) The secretary designated in terms of subregulation (3), must acknowledge an appeal
within twenty-one (21) working days from the date of its receipt.
(9) If the appellant is an Organ of State for an Environmental Clearance Certificate, or a
transfer or an amendment thereof, the appellant must serve on each person registered
as a stakeholder as may be applicable in relation to the Organ of State’s application -
(a) a copy of the appeal referred to in subregulation (2); and
(b
)
a notice indicating where and for what period the appeal submission is
available for inspection by the stakeholders.
(10) If the appellant is a person other than an Organ of State, the appellant must serve on
the Organ of State -
(a) copy of the appeal application referred to subregulation (2); and
(b) a notice indicating where and for what period the appeal submission is
available for inspection by the Organ of State.
(13) The Minister may in writing, on good cause extend the period within which an
appeal must be submitted.
(14) A person that receives a notice in terms of subregulation (5), or an Organ of State
who receives a notice in terms of subregulation (6), may submit to the Minister, a
responding statement within twenty-one (21) working days from the date the appeal
submission was made available for inspection in terms of that section.
(15) An Organ of State who submits a responding statement in terms of subregulation (8),
(hereinafter referred to as “a respondent”), must serve a copy of the responding
statement on the appellant.
34
(16) If a respondent introduces any new information not dealt with in the appeal
submission of the appellant, the appellant is entitled to submit an answering
statement to such new information to the Minister within twenty-one (21) working
days of receipt of the responding statement,
(17) The appellant must serve a copy of the answering statement on the respondent who
submitted the new information.
(18) The Minister may, in writing, on good cause extend the period within which
responding statements or an appellant’s answering statement in terms of must be
submitted.
(19) Receipt by the Minister of an appeal, responding statement or answering statement
must be acknowledged within twenty-one (21) working days of receipt of the appeal,
responding statement or answering statement.
(20) An appellant and each respondent is entitled to be notified of the appointment of an
appeal panel in terms of section 57 of the Act, if the Minister appoints an appeal
panel for purposes of the appeal.
(21) The Minister may request the appellant or a respondent to submit such additional
information in connection with the appeal as the Minister may require.
(30) Decision on appeals
(1) If the Minister has reached a decision on appeal in terms of the Act, the appellant,
each respondent and the competent authority must be notified in writing of the
decision.
(31) Keeping of records and registers
(1) The record of decisions for Policy, Plan or Programme activities required to be kept
in terms of the Act must include -
(a) decision taken on notification for Policy, Plan or Programme registrations
(b) decision taken on applications for environmental clearance certificates
(c) decision taken on amendments on the applications for environmental clearance
certificates
(d) decision taken on the applications for transfer of the environmental clearance
certificates
(e) decision taken on the applications for Environmental Certificate Clearance
exceptions
(f) decision taken on appeals made
35
(8) The Policy, Plan or Programme registers required to be kept in terms of the Act must
include registers for -
(a) notifications for Policy, Plan or Programme registration
(b
)
applications for environmental clearance certificates
(c) amendments applications for environmental clearance certificates
(d
)
transfers of environmental clearance certificates
(e) Exceptions;
(f) Appeals.
(15) The registers required to be kept in terms of subregulation (2) must contain the
number and nature of the information related to subregulations (2) (a), (b), (b), (c),
(d), (e) and (f).
(32) Service of documents
(1) For the purpose of the Act and these regulations a notice is given to a person or a
person is informed of a decision, if a document to that effect is -
(a) delivered personally to that person;
(b) sent by registered post to the persons last known address;
(c) left with a person over the age of 16 apparently residing at or occupying or
employed at the person’s last known address; or
(d) in the case of a business-
(i) delivered to the a responsible employee at its registered offices or its
principal place of business in Namibia;
(ii) left with a person apparently over the age of 16 apparently residing at or
occupying or employed at its registered address or principal place of
business;
(iii) sent by registered post addressed to the business at its last known
addresses; or
(iv) transmitted by means of a facsimile transmission or electronic mail (e-
mail) to the person concerned at the registered office of the business.
(33) Manner of payment of fees
(1) The payment of all fees or other moneys payable under the regulations must be paid
to the general fund of the Commissions.
(2) Proof of such payment must be included to any notification, application,
amendment, transfer, exception or appeal lodgments made to the Environmental
36
Commissioner in terms of these regulations
(34) Penalties and offences
(1) A person commits an offence if that person -
(a) knowingly provides false or misleading information in any document submitted
in terms of the Act to the Environmental Commissioner:
(b) knowingly and without the consent of the Environmental Commissioner -
(i) makes or causes to be made any entry on a document;
(ii) destroys or defaces any document; or
(iii) alters or causes to be altered any entry on a document.
issued by the Environmental Commissioner
(7) A person who commits an offence in terms of this regulation is on conviction liable
to a fine not exceeding N$ 100,000.00 or to imprisonment for a period not exceeding
two (2) years or to both the fine and imprisonment.
37
ANNEXURE 1: FORMS
Form 1: Notification for Policy, Plan or Programme registration
Form 2: Application for Environmental Clearance Certificate for Policy, Plan or
Programme registration
Form 3: Application for amendment of conditions of Environmental Clearance
Certificate for Policy, Plan or Programme registration
Form 4: Application transfer of Environmental Clearance Certificate for Policy, Plan or
Programme registration
Form 5: Application for Exception for Environmental Clearance Certificate for Listed
Organ of State
Form 6: Appeal application
ANNEXURE 2: FEES PAYABLE
ANNEXURE 3: SCREENING LIST OF LISTED ORGANS OF STATE AND EXCEPTIONS
A List of Organ of State
B. Listed of Excepted Organ of State
38
ANNEXURE 1:Form 1
REPUBLIC OF NAMIBIA
ENVIRONMENTAL MANAGEMENT ACT,
2007 (Section 63) As AMENDED
STRATEGIC ENVIRONMENTAL ASSESSMENT (SEA) REGULATIONS
NOTIFICATION FOR POLICY, PLAN OR PROGRAMME REGISTRATION
PART A: DETAILS OF ORGAN OF STATE
Type of NotificationNew
AmendedTick () the appropriate box above
Name of Organ of StateEnvironmental Assessment Practitioner (EAP)Phone No. Fax No.Physical Address Postal Address
PART B: POLICY, PLAN OR PROGRAMME ACTIVITY REQUIRING REGISTRATION
Title of Policy, Plan or Programme*Environmental Assessment Timing (Integrated, Parallel or Ex post to Title of Policy, Plan or Programme (PPP)Refer to Regulation 7 (1) (a), (b), (c)
Overall Objective
Sector / Sub sector
* Draft Environmental Scoping Report to be included
39
PART C: DECLARATION BY ORGAN OF STATE / REPRESENTATIVE
I hereby certify that the particulars given above are correct and true to the best of my knowledge and belief. I understand the environmental clearance certificate may be suspended, amended or cancelled if any information given above is false, misleading, wrong or incomplete.
Signature of Organ of State / Full Name in Block Letters PositionRepresentative
on behalf of Date
FOR OFFICIAL USE ONLY - POLICY, PLAN OR PROGRAMME NOTIFICATIONS REGISTRY
Reference No.
Signature and
Official Stamp / Seal
New NotificationAmended Notification
Notification Fee Paid N$
Draft Environmental Scoping Report Attached
YES
No
Date
40
ANNEXURE 1Form 2
REPUBLIC OF NAMIBIA
ENVIRONMENTAL MANAGEMENT ACT,
2007 (Section 63) As AMENDED
STRATEGIC ENVIRONMENTAL ASSESSMENT (SEA) REGULATIONS
APPLICATION FOR ENVIRONMENTAL CLEARANCE CERTIFICATE FOR POLICY, PLAN OR PROGRAMME
PART A: DETAILS OF ORGAN OF STATE
Type of ApplicationNewAmendedRenewal
Tick () the appropriate box aboveName OF Organ of StateEnvironmental Assessment Practitioner (EAP)Phone No. Fax No.Physical Address Postal Address
PART B: POLICY, PLAN OR PROGRAMME ACTIVITY REQUIRING ENVIRONMENTAL CLEARANCE CERTIFICATE
Title of Policy, Plan or ProgrammeEnvironmental Assessment Attached
Global Objective
Specific Objective
Sector / Sub sector
41
PART C: DECLARATION BY ORGAN OF STATE / REPRESENTATIVE
I hereby certify that the particulars given above are correct and true to the best of my knowledge and belief. I understand the environmental clearance certificate may be suspended, amended or cancelled if any information given above is false, misleading, wrong or incomplete.
Signature of Organ of State / Full Name in Block Letters PositionRepresentative
on behalf of Date
FOR OFFICIAL USE ONLY – POLICY, PLAN OR PROGRAMME ENVIRONMENTAL CLEARANCE CERTIFICATE
APPLICATIONS REGISTRY
Reference No.Signature and
Official Stamp / SealNew ApplicationAmended ApplicationRenewal ApplicationApplication Fee N$
Date
(Scoping, SEA and or SEMP)
42
ANNEXURE 1Form 3
REPUBLIC OF NAMIBIA
ENVIRONMENTAL MANAGEMENT ACT,
2007 (Section 63) As AMENDED
STRATEGIC ENVIRONMENTAL ASSESSMENT (SEA) REGULATIONS
APPLICATION FOR AMENDMENT OF CONDITIONS OF ENVIRONMENTAL CLEARANCE CERTIFICATE FOR POLICY, PLAN OR PROGRAMME
PART A: DETAILS OF ORGAN OF STATE
Type of ApplicationNew Amendment
Amended AmendmentTick () the appropriate box above
Name of Organ of SateEnvironmental Assessment Practitioner (EAP)Phone No. Fax No.Physical Address Postal Address
PART B: PARTICULARS OF CURRENT ENVIRONMENTAL CLEARANCE CERTIFICATE
Name of current holder of Environmental Clearance CertificateDate of Issue of current Environmental Clearance CertificateTitle of Policy, Plan or Programme (PPP)* Detailed Location Map to shown clearly in the attachments
43
PART C: PROPOSED AMENDMENTS TO THE CONDITIONS IN CURRENT ENVIRONMENTAL CLEARANCE CERTIFICATE
Condition(s) on the Current Environmental Clearance CertificateProposed Amendment(s)
Reason for Amendment(s):
PART D: DECLARATION BY ORGAN OF STATE / REPRESENTATIVE
I hereby certify that the particulars given above are correct and true to the best of my knowledge and belief. I understand the environmental clearance certificate may be suspended, amended or cancelled if any information given above is false, misleading, wrong or incomplete.
Signature of Organ of State / Full Name in Block Letters PositionRepresentative
on behalf of
FOR OFFICIAL USE ONLY – POLICY, PLAN OR PROGRAMME AMENDMENTS APPLICATION REGISTRY
Reference No.Signature and
Official StampNew Amendment ApplicationAmended Amendment ApplicationApplication Fee N$
Date
44
ANNEXURE 1:Form 4
REPUBLIC OF NAMIBIA
ENVIRONMENTAL MANAGEMENT ACT,
2007 (Section 63) As AMENDED
STRATEGIC ENVIRONMENTAL ASSESSMENT (SEA) REGULATIONS
APPLICATION FOR TRANSFER OF ENVIRONMENTAL CLEARANCE CERTIFICATE FOR POLICY, PLAN OR PROGRAMME
PART A: DETAILS OF CURRENT ORGAN OF STATE
Name of Organ of StateEnvironmental Assessment Practitioner (EAP)Phone No. Fax No.Physical Address Postal Address
PART B: DETAILS OF THE NEW ORGAN OF STATE
Full NameEnvironmental Assessment Practitioner (EAP)Phone No. Fax No.Physical Address Postal Address
45
PART C: PARTICULARS OF CURRENT ENVIRONMENTAL CLEARANCE CERTIFICATE
Name of current holder of Environmental Clearance CertificateDate of Issue of current Environmental Clearance CertificateTitle of Activity
* Detailed Location Map to shown clearly in the attachments
PART D: PROPOSED TRANSFER OF THE CURRENT ENVIRONMENTAL CLEARANCE CERTIFICATE
Condition(s) on the Current Environmental Clearance CertificateReason for transfer:
PART D: DECLARATION BY ORGAN OF STATE / REPRESENTATIVE
I hereby certify that the particulars given above are correct and true to the best of my knowledge and belief. I understand the environmental clearance certificate may be suspended, amended or cancelled if any information given above is false, misleading, wrong or incomplete.
Signature of Organ of State / Full Name in Block Letters PositionRepresentative
on behalf of
46
FOR OFFICIAL USE ONLY – POLICY, PLAN OR PROGRAMME TRANSFERS APPLICATION REGISTRY
Reference No.
Signature andOfficial Stamp/ Seal
New Amendment ApplicationAmended Amendment ApplicationApplication Fee N$
Date
Types of Activities
47
ANNEXURE 1Form 5
REPUBLIC OF NAMIBIA
ENVIRONMENTAL MANAGEMENT ACT,
2007 (Section 63) As AMENDED
STRATEGIC ENVIRONMENTAL ASSESSMENT (SEA) REGULATIONS
APPLICATION FOR EXCEPTION FOR ENVIRONMENTAL CLEARANCE CERTIFICATE FOR POLICY, PLAN OR PROGRAMME
PART A: DETAILS OF ORGAN OF STATE
Type of ApplicationNewAmendedRenewal
Tick () the appropriate box aboveFull Name of Organ of StateEnvironmental Assessment Practitioner (EAP)Phone No. Fax No.Physical Address Postal Address
PART B: POLICY, PLAN OR PROGRAMME ACTIVITY REQUIRING ENVIRONMENTAL CLEARANCE CERTIFICATE EXCEPTION Title of Policy, Plan or Programme*
Global Objective
Specific Objective
Sector / Sub sector
* Detailed Location Map to shown clearly in the attachments
48
PART C: DECLARATION BY ORGAN OF STATE / REPRESENTATIVE
I hereby certify that the particulars given above are correct and true to the best of my knowledge and belief. I understand the environmental clearance certificate may be suspended, amended or cancelled if any information given above is false, misleading, wrong or incomplete.
Signature of Organ of State / Full Name in Block Letters PositionRepresentative
on behalf of Date
FOR OFFICIAL USE ONLY – POLICY, PLAN OR PROGRAMME ENVIRONMENTAL CLEARANCE CERTIFICATE
APPLICATIONS EXCEPTION REGISTRY
Reference No.Signature and
Official StampNew ApplicationAmended ApplicationRenewal ApplicationApplication Fee N$
Date
Type of Activities
49
ANNEXURE 1Form 6
REPUBLIC OF NAMIBIA
ENVIRONMENTAL MANAGEMENT ACT,
2007 (Section 57) As AMENDED
STRATEGIC ENVIRONMENTAL ASSESSMENT (SEA) REGULATIONS
APPEAL APPLICATION FOR POLICY, PLAN OR PROGRAMME
To: Hon. Minister of Environment and Tourism
1. Full name of Appellant:
...................................................................................................................................................
2. Address of Appellant:
....................................................................................................................................................
....................................................................................................................................................
...................................................................................................................................................
Telephone No. ......................................................... Fax No. .................................................
3. Full name and address of duly authorised representative for service:
....................................................................................................................................................
...................................................................................................................................................
Telephone No. .....................................................Fax No.........................................................
4. Details of decision appealed against:(Attach a copy of decision and indicate the particular aspect being the subject of appeal.)
....................................................................................................................................................
....................................................................................................................................................
....................................................................................................................................................
5. The grounds of appeal are:
.....................................................................................................................................................
50
.....................................................................................................................................................
.....................................................................................................................................................
6. A detailed description of the matter to which the appeal relates is as follows:
.....................................................................................................................................................
.....................................................................................................................................................
.....................................................................................................................................................
7. A description of each document or thing the appellant intends to produce at the hearing is as follows:
.....................................................................................................................................................
.....................................................................................................................................................
.....................................................................................................................................................
8. The name, address, telephone number, fax number and title of each witness the appellant intends to call on his behalf at the hearing is:
.....................................................................................................................................................
.....................................................................................................................................................
.....................................................................................................................................................
9. The particulars of evidence to be given by the witnesses are:
.....................................................................................................................................................
.....................................................................................................................................................
.....................................................................................................................................................
(Appellant) .Dated this ................................................ day of ......................................................................
Please Note:
1. This form must be completed fully in writing in accordance with the directions specified in the form and lodged with the Secretary of the Appeal Panel
51
FOR OFFICIAL USE ONLY – POLICY, PLAN OR PROGRAMME (PPP) APPEALS APPLICATIONS REGISTRY
Reference No.Signature and
Official StampNew Appeal ApplicationAmended Appeal ApplicationApplication Fee N$
Date
ANNEXURE 2
POLICY, PLAN OR PROGRAMME FEES PAYABLE IN TO THE GENERAL ENVIRONMENTAL FUND OF THE COMMISSION
1. The fees set out in this Annexure are payable in terms of the Act.
2 Payments must be made as prescribed in regulations
Item Fee payable for Fees Payable N$
1. Notification for Policy, Plan or Programme registration 2500.00
2. Application for environmental clearance certificate for Policy, Plan or Programme registration Policy, Plan or Programme
5000.00
3. Application for amendment of environmental clearance certificate for Policy, Plan or Programme registration
3500.00
4. Application for transfer of environmental clearance certificate for Policy, Plan or Programme registration
4000.00
5. Policy, Plan or Programme Appeal application 10, 000.00
ANNEXURE 3A
LIST OF ORGANS OF STATE
MINISTRIES
1. Agriculture, Water and Forestry2. Environment and Tourism3. Fisheries and Marine Resources4. Health and Social Services5. Industrialization, Trade and SME Development6. International Relations and Cooperation7. Land Reform8. Mines and Energy9. Poverty Eradication and Social Welfare10. Public Enterprises11. Urban and Rural Development12. Works and Transport
AGENCIES AND PARASTATALS
1. National Planning Commission2. Development Bank of Namibia3. Mobile Telecommunication (MTC)4. Namibia Airports Company5. Namibia Development Corporation (NDC)6. Namibia Ports Authority7. Namibia Water Corporation8. Namibian Broadcasting Corporation (NBC)9. NamPower Convention Centre10. National Housing Enterprises (NHE)11. National Petroleum Corporation of Namibia (Namcor)12. Roads Authority13. Roads Contractor Company14. Telecom Namibia15. TransNamib Holdings
REGIONAL COUNCILS
All regional Council
MUNICIPALITIES
All municipalities
53