RN135750
APPLICATION FOR THE RECTIFICATION OF UNLAWFUL COMMENCEMENT OR CONTINUATION OF A LISTED ACTIVITY IN TERMS OF SECTION 24G OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 (ACT NO. 107 OF 1998), AND IN TERMS OF SECTION 22A OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 (ACT NO.39 OF 2004) Section 24G
Notice is given, in terms of Section 24(G) read together with section 24(F) of the National Environmental Management Act (NEMA), 1998 (Act No. 107 of 1998) and Section 24(G) Fine Regulations that an application (ex post facto) for rectification will be lodged with the Gauteng Department of Environment (GDEnv) by Betachem (Pty) Ltd, a company which manufactures chemicals that are mainly used in the mining industry, for the unlawful commencement and continuation of certain listed activities as listed in the 2014 NEMA EIA Regulations, as amended.
Section 22A
Notice is given, in terms of Section 22(A) of the National Environment Management: Air Quality Act (NEM:AQA), 2004 and Section 22(A) Fine Regulations that an application (ex post facto) for rectification will be lodged with the Sedibeng District Municipality (SDM) for the unlawful commencement and continuation of activities associated with chemical production at the Betachem Facility.
Project Name: Rectification of unlawful activities at the Betachem Chemical Production Facility
Proponent: Betachem (Pty) Ltd
Project & Property Description: The application is for the authorization of the existing chemical production facility and associated infrastructure, of which certain facilities/activities were established and/or expanded without the required environmental authorisations. The chemical production plant and associated infrastructure are situated on Portion 0 of Erf 5, Producta, Heidelberg, which falls within the area of jurisdiction of Lesedi Local Municipality, Sedibeng District Municipality, Gauteng Province.
Location: The Betachem facility covering approximately 10ha in extent, is situated 8km north of Heidelberg and 13km south of Brakpan. A Railway line runs parallel to the south-western boundary and the R23 (Heidelberg Road) runs from south to north 500m to the west of the site. The site slopes from north- east to the south-west and a non-perennial watercourse, which occurs to the west of the railway line, drains in a southerly direction almost parallel to the railway line. The site is almost surrounded by farms and agricultural holdings of which some show signs of cultivated lands.
Year of commencement of listed activity: The site was utilized for mining activities since the 1940`s, but according to available information the chemical production plant activities commenced in the period 2003-2004. Further expansion of the existing facility and associated structures and infrastructure took place between May 2017 and August 2019.
Details of relevant listed activities: Bokamoso already identified possible listed activities that could have been triggered in terms of the aforementioned legislation, but the listed activities triggered will be confirmed with all registered interested and affected parties once the competent authority confirmed the listed activities triggered and/or once the competent authority completed its pre- application site inspection.
At this stage we are of the opinion that the following listed activities could potentially be triggered: The facility commenced chemical production in 2003, during which time the Environmental Conservation Act, 1989 (ECA), was in effect. Listed Activities applied for in terms of ECA listed activities, 2 March 1998, as amended:
ECA Listed Activities (GNR 1182): Listed Activity 1. (c)(ii) Amended ECA Listed Activities (GNR 670): Listed Activity 2. (c)
After the promulgation of the National Environmental Management Act (NEMA, 1998), the continued operations and subsequent expansions of the facility triggered listed activities under NEMA.
Listed Activities triggered in terms of NEMA EIA Regulations, 8 December 2014, as amended: Listing Notice 1 (GNR 983): Activities 34, 51.
Listing Notice 2 (GNR 984): Activity 4, 6.
Listed Activities applied for in terms of GN 893 of 2013, as amended, published in terms of S (21) of the NEM:AQA: Category 2, Subcategory 2.4: Storage and Handling of Petroleum Products
Category 6: Organic Chemicals Industry
Date of Notice: 08 September 2026 to 09 October 2026
The approval of the chemical production facility and associated infrastructure is subject to the S24G and S22A Process. The registration timeframe for the S24G process is 20 days from the date of the placement of this notice, and all Interested and Affected Parties (I&APs) are invited to register with the contact person below. Representations with respect to this application may be made by phone, fax or e-mail. Please note that in order to continue to receive information regarding this project, you must register as an I&AP. A copy of the Integrated Environmental Impact Report (IER) addressing both NEMA and NEM:AQA listed activities as part of the S24G and S22A processes will be made available on our website for review and comment for a period of 30 days. All registered I&APs will be notified as soon as the relevant application reports are ready and made available for public review.
Queries regarding this matter should be referred to: Bokamoso Landscape Architects and Environmental Consultants CC
Public Participation registration and Enquiries:
Philisiwe Mthembu / Lizelle Gregory
Project Enquiries: Lizelle Gregory/ Nsuku Mahani
P.O. Box 11375 Maroelana 0161
Tel: (012) 346 3810
E-mail: reception@bokamoso.net www.bokamoso.net
Reference Number: RN135750
