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Tab 2 · The Law

The Adoption of the Solar Exclusion Norm

Government Notice 4558 of 2024 (Gazette No. 50388, 27 March 2024). The Minister of Forestry, Fisheries and the Environment adopted the Solar Exclusion Norm in terms of section 24(10) of NEMA — creating a faster, simplified pathway for qualifying solar PV projects.

Read the gazetted notice

Government Notice 4558 of 2024 — the official NEMA Solar Exclusion Norm (PDF).

Open the official PDF
What the gazette says

A registration pathway, not an EIA

The Norm sets out the rules under which solar PV facilities in Low or Medium sensitivity areas are excluded from needing an Environmental Authorisation before commencement — while still meeting the objectives of the Act.

The Minister's adoption

In terms of section 24(2)(d) and section 24(10) of the National Environmental Management Act, 1998 (Act 107 of 1998), qualifying solar PV developments are excluded from environmental authorisation, subject to compliance with the Norm.

This is not an EIA

The process is a registration process, not an Environmental Impact Assessment — that is the source of the time saving.
Key provisions

Five things the Norm establishes

Applicable to

The development or expansion of Solar Photovoltaic (PV) facilities on land, including associated and integral infrastructure.

Sensitivity requirement

Only projects located entirely in LOW or MEDIUM environmental sensitivity areas, as identified by the national Screening Tool.

What is excluded?

Listed activities under NEMA EIA Listing Notices 1, 2 and 3 are excluded from the requirement to obtain an Environmental Authorisation.

What is required?

Compliance with the Norm, including registration with the Competent Authority (DFFE) via a complete registration package.

Timeframe

Registration is typically finalised within 15–21 working days (about 3 weeks) once a complete submission is received.
The qualifying test

Only Low or Medium sensitivity qualifies

The national web-based Screening Tool rates environmental sensitivity across themes such as plant species, animal species, terrestrial and aquatic biodiversity, and agriculture. The exclusion applies only where the whole site is Low or Medium.

Low✓ Exclusion appliesMedium✓ Exclusion appliesHighFull EIA requiredVery HighFull EIA requiredQUALIFYING PATHWAY

A pre-negotiated linear-infrastructure corridor (max 200 m wide) may cross higher-sensitivity land under strict conditions — but the facility footprint itself must remain in Low or Medium areas.

Official illustration

The Solar Exclusion Norm at a glance

The Dr Beyers Naudé infographic summarising Government Notice 4558 of 2024 — its provisions, the 7-step process and the registration package.

Infographic summarising the Solar PV Exclusion Norm under NEMA Government Notice 4558 of 2024, including key provisions, a seven-step process and the registration package checklist.
Source: Dr Beyers Naudé Municipality — interpretation of NEMA Government Notice 4558 of 2024.
The process

The Solar Exclusion Norm — 7 simple steps

From screening through to confirmed registration. Each step builds the compliant package the Competent Authority needs.

  1. 1

    Screening & site sensitivity verification

    Use the DFFE Screening Tool to determine environmental sensitivity and print the screening report.

  2. 2

    Stakeholder engagement

    Notify and consult Interested & Affected Parties (I&APs); provide project information and invite comments.

  3. 3

    Prepare & finalise EMPr

    Prepare the Environmental Management Programme Report in line with the Norm and address comments received.

  4. 4

    Complete registration package

    Assemble all required documents and ensure the information is complete.

  5. 5

    Submit registration

    Submit to the Competent Authority (DFFE) via the online submission portal.

  6. 6

    DFFE review

    DFFE checks completeness and compliance with the Norm; additional information may be requested.

  7. 7

    Registration confirmed

    Once compliant, DFFE issues confirmation and the project may proceed in accordance with the Norm.

What you need

The registration package

  • Completed Registration Form (Appendix A of the Norm)
  • Screening Tool Report (Low or Medium sensitivity)
  • Proof of Public Participation (I&AP notifications & comments)
  • Environmental Management Programme Report (EMPr)
  • Site Plan & Layout Plan
  • Supporting Specialist Reports (where applicable)
  • Other information as required by the Norm

Important to note

The Exclusion Norm applies only to solar PV facilities on land and excludes: facilities in High or Very High sensitivity areas, activities outside the scope of the Norm, and any non-compliance with the Norm's requirements.

Battery storage is included here

Battery storage facilities associated with and integral to the solar PV facility are registered under this Norm — not the separate battery storage exclusion norm.

See it applied to a real project

Tab 3 shows the design of our first 25 MWp plant at Adendorp and the Graaff-Reinet BESS.

Go to Tab 3