1

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.

2

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

3

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;

4

“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,

5

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;

6

“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;

7

“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;

8

“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

9

(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

10

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.

11

(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.

12

(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

13

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 -

14

(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.

15

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;

20

(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.

21

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).

30

(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

ANNEXURE 3 B

LIST OF EXEMPTED ORGANS OF STATE

LISTED ORGANS OF STATE1. National military installations2. National security type of infrastructure development3. Others Organ of State with Policies, Plans or Programmes that may determine with

approval from the Environmental Commissioner

54