Starting a new project can be exciting, the land is cleared, the machinery is on site, and the plans are finally becoming reality. But what happens if, somewhere along the way, you realise the activity might have needed environmental authorisation first?
In South Africa, certain types of development can’t begin without prior environmental authorisation. These are known as “listed activities”, identified under the Environmental Impact Assessment (EIA) Regulations and the National Environmental Management Act (NEMA, Act 107 of 1998).
If one of these listed activities has already started for example, vegetation clearing over a hectare, construction within 32 metres of a river, or infilling a wetland it’s considered an unlawful commencement under Section 24F of NEMA. Fortunately, South African law allows for what’s called a rectification process under Section 24G of NEMA. It’s essentially a legal mechanism for bringing unauthorised activities back into compliance.
Through a Section 24G Application, the person responsible applies to the environmental authority to have the activity assessed after it has started. The application includes a Section 24G Report, which describes the nature of the unlawful activity, potential impacts, and proposed mitigation and rehabilitation measures.
However, this process isn’t just a formality. Authorities take it seriously and impose administrative fines, which can range from R5,000 to R10 million, depending on the nature and scale of the impact. The Section 24G process generally takes place in two phases, as outlined below:
Phase 1: Initial Application and Draft Section 24G Report
- Submitting an application to the relevant competent authority (provincial or national, depending on the nature of the project).
- Compiling and submitting a Draft Section 24G Report, which outlines the details of the unlawful activity, environmental context, and preliminary mitigation measures.
- Payment of the administrative fine, as determined by the Department.
Phase 2: Departmental Request for Additional Information
- The Department reviews the draft submission and may request additional information, which can include a detailed Section 24G Report, specialist studies (such as wetland, biodiversity, or heritage assessments), and a public participation process.
- The final report is submitted for consideration, after which the Department will decide whether to approve or refuse the authorisation.
It is important to note that Section 24G is not a substitute for proper authorisation. It is a corrective legal measure intended to restore compliance and address any harm that may have occurred. The Department is not obliged to approve the application and if they determines that the environmental impact is too significant or cannot be adequately mitigated, the application may be refused. In such cases, the applicant will be required to rehabilitate the affected area and cease all unlawful activities immediately.
If you suspect your project may have commenced without the necessary approvals, early and transparent action is critical.
- Suspend further work until legal triggers are confirmed.
- Engage a qualified Environmental Assessment Practitioner (EAP) to conduct a Site Sensitivity Verification.
- Identify the relevant listed activities and confirm whether a Section 24G application is required.
- Consult with the competent authority to outline the rectification process.
- Prepare and submit the required documentation and supporting assessments.
- Implement mitigation and monitoring measures to prevent further environmental harm.
At Ecosphere Environmental Management Services, we have extensive experience in guiding clients through Section 24G rectification procedures and post-construction environmental assessments.
Our team provides:
- Detailed site sensitivity verifications to determine applicable listed activities.
- Preparation and submission of Section 24G applications and supporting environmental reports.
- Coordination of specialist studies and public participation processes.
- Liaison with competent authorities to facilitate efficient review and decision-making.
- Development of rehabilitation, monitoring, and compliance frameworks to restore environmental integrity.
Sources:
- Republic of South Africa. 1998. National Environmental Management Act, 1998 (Act No. 107 of 1998). Pretoria: Government Printer. Available at: https://www.gov.za/documents/national-environmental-management-act (Accessed: 9 October 2025).
- Department of Environmental Affairs (DEA). 2014. Environmental Impact Assessment Regulations, 2014 (as amended). Government Notice R.982 in Government Gazette No. 38282 of 4 December 2014. Pretoria: Department of Environmental Affairs. Available at: https://www.gov.za/documents/environmental-impact-assessment-regulations-2014-4-dec-2014-0000 (Accessed: 9 October 2025).
- Department of Environmental Affairs (DEA). 2014. Listing Notice 1, 2 and 3: Listed Activities and Associated Thresholds Identified in terms of Sections 24(2) and 24D of NEMA. Government Notices R.983, R.984 and R.985 in Government Gazette No. 38282 of 4 December 2014. Pretoria: Department of Environmental Affairs. Available at: https://www.gov.za/documents/environmental-impact-assessment-regulations-listing-notice-1-2-and-3-4-dec-2014 (Accessed: 9 October 2025).
- Department of Forestry, Fisheries and the Environment (DFFE). 2023. Guideline on Section 24G Applications for the Rectification of Unlawful Commencement or Continuation of Listed Activities in terms of the National Environmental Management Act, 1998. Pretoria: Department of Forestry, Fisheries and the Environment. Available at: https://www.dffe.gov.za (Accessed: 9 October 2025).
- Republic of South Africa. 2021. National Environmental Management Amendment Act, 2021 (Act No. 2 of 2021). Government Gazette No. 44662 of 4 June 2021. Pretoria: Government Printer. Available at: https://www.gov.za/documents/national-environmental-management-amendment-act-2-2021-4-jun-2021-0000 (Accessed: 9 October 2025).
- Department of Forestry, Fisheries and the Environment (DFFE). 2024. Compliance and Enforcement Report 2023/24. Pretoria: DFFE. Available at: https://www.dffe.gov.za/report/compliance_enforcement (Accessed: 9 October 2025).