Section 24: EIA approval
consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
24. EIA approval
(1) In considering approval of an EIA, account shall be taken of—
(a) such policy or environmental guidance as may be published in
respect of an undertaking;
(aa) the environmental factors considered in the EIA;
(b) the measures proposed to avoid or minimise adverse effects on
the environment, people or society;
(c) the alternatives proposed in the EIA;
(d) such other matters as may be relevant in weighing the significance or insignificance of the potential environmental impact of
the undertaking.
(2) Where an EIA is approved or a direction is given by the Minister under
subsection (3) (b), the EIA and the directions shall be deemed to be conditions of the EIA licence issued under section 23 (8).
(3) Notwithstanding the approval of an EIA, the Minister may at any
time—
(a) revoke an EIA licence, or amend the conditions of an EIA licence,
where he has reason to believe that—
(i) circumstances reasonably justifying such revocation or
amendment of the conditions have arisen since the granting of the EIA licence;
(ii) the proponent is contravening the conditions attached to
his licence;
(iii) the proponent had failed to disclose any material information or had provided false or misleading information in the
EIA report;
(b) give the proponent such directions as he considers necessary in
relation to—
(i) the methods of execution and the phasing of the undertaking;
(ii) works or actions required to prevent, reduce or eliminate
the adverse effects of the undertaking on the environment,
people and society;
(iii) research, investigation, and monitoring programmes related
to the undertaking;
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(iv) any other aspect of the undertaking or of the execution of
the undertaking which is reasonably expected to have adverse environmental effects;
(c) require the proponent to submit at such intervals as he may determine, reports on the impacts of the undertaking on the environment, people and society.
(4) Any person who fails to comply with a direction or requirement under
subsection (3) (b) and (c), shall commit an offence.
[S. 24 amended by s. 13 of Act 6 of 2008 w.e.f. 15 July 2008.]