1. PRESENTATION ON REVISED NATIONAL ENVIRONMENTAL MANAGEMENT ACT: Environmental Impact Assessment Regulations
By the Department of Environmental Affairs and Tourism
April 2006

2. Environmental Quality
Environmental quality is improved and protected via proactive and reactive measures:
Proactive
Prevention of degradation and conservation
Tools – Strategic Planning, Environmental Impact Assessment.
Reactive
Rehabilitation of degraded areas, Reduction of emissions and effluent, clean-up
Tools – NEMA sector Acts, Water legislation, Compliance and Enforcement.

3. Environmental Impact Assessment
Systematic process to identify potential positive and negative impacts on the environment (biophysical, socio-economic, cultural) associated with proposed activity.
Examine alternatives / management measures to minimise negative and optimise positive consequences.
Prevent substantial detrimental to the environment

4. Environmental Impact Assessment
Advantages of EIA
To authorities:
Informed decision making;
Improvement / protection of environmental quality;
Management to sustainable utilisation of resources;
Understanding demands on bulk services, waste management services, urban forms, etc.

5. Environmental Impact Assessment
Advantages of EIA (cont)
To interested and affected parties
An opportunity to be heard;
Protecting environmental rights;
Utilisation of local and indigenous knowledge;
Increased knowledge and environmental awareness

6. Environmental Impact Assessment
Advantages of EIA (cont)
To developers of identified activities:
Proactively asking the right questions
Adequacy of natural resources
Risks associated with environmental factors (geologic stability, hydrology regimes, fire, etc)
Pollution potential and prevention thereof;
Energy and water saving and associated financial savings
Appropriateness of activity in terms of strategic planning for the area

7. Environmental Impact Assessment
EIA in its design is aimed at informing project planning and design – unfortunately, often used to justify what is already planned instead.

8. South Africa’s EIA System

9. EIA in South Africa: September 1997 – April 2006
EIA became law in 1997, before then, voluntary use of EIA.
Concurrent function between national and provincial government.
Survey conducted amongst all provinces during March 2006 to establish status quo of SA EIA System

13. EIA in South Africa: Number of applications received and reviewed
The provinces received a total of applications for EIA authorisation between September 1997 and March 2006.
Of these applications have been finalised and withdrawn.
This means that at least applications are still current
These current applications fall into three categories:
Dormant applications – where authorities await action from the applicant
Applications awaiting authority action – still within reasonable time frames
Backlog – applications awaiting action and being delayed by authorities

14. EIA in South Africa: Processing times
Whilst approximately 50% of applications are finalised within 6 months from the application date and an additional 33% within a year, it is of concern that approximately 9% is only finalised within a period of 2 years or more
Although often related to complexity, controversy and pollution potential, delay in review and decision making processes also in cases due to severe capacity constraints within provincial authorities

15. Review of South Africa’s EIA System

16. Review of the South Africa EIA system: The need for a review
Lessons learnt through implementation of the 1997 EIA Regulations and evolution of Environmental Legislation since 1997 necessitated the review of the EIA System.

17. Review of the South Africa EIA system: The need for a review
Inadequacies of 1997 Regulations include.
Wide interpretation of activities resulting in inconsistent application by authorities
To many small scale / insignificant activities made subject to EIA
Lengthy and inflexible process, with to many “authority stops” / “decision points”
Inadequate provisions for public consultation
Not supported by strategic planning tools
Enforcement measures generally weak
The Review commenced in 2000 and resulted in the promulgation of new Regulations in terms of the NEMA during April 2006

18. The NEMA EIA Regulations

19. What has been retained but improved? …

20. Aspect ECA EIA Regulations NEMA EIA Regulations Activities
To wide a spectrum, unclear, crucial activities omitted
Narrowed the spectrum, more specific, include activities previously omitted
EIA Process
One cumbersome process, resulted in innovative interventions
Differentiate between basic and thorough assessments

21. Aspect ECA EIA Regulations NEMA EIA Regulations
Decision-making process
Allowed for comprehensive process only
Allow for upfront decision making (e.g. fatal flaws, emergency circumstances, clearly no impact situations)
Prescribe time frames

22. Aspect ECA EIA Regulations NEMA EIA Regulations
Roles & Responsibilities
Prescribed for authorities and applicant only – no real consequences for not abiding by the rules
Prescribed for ALL role players – consequences for non-compliance provided for.

23. Aspect ECA EIA Regulations NEMA EIA Regulations Public participation
Included but poorly defined
Well defined and minimum requirements prescribed
Appeal process
Appeal decision-making process not prescribed
Process well defined and aligned with PAJA

24. What is new …

25. New additions Exclusions based on
Policies and guidelines
Environmental Management Frameworks
Compliance and enforcement strengthened
Regulation 6 allowing for cooperation agreements between authorities
Site Environmental Management Plans structured
Class applications

26. Environmental Management Frameworks

27. Environmental Management Framework
Regulations prescribe process for compiling EMF and set minimum requirements for content
Strategic tool where a geographical area is assessed:
Status quo study in terms of inter alia biophysical environment, built environment and “planned” environment
Desired state of environment defined
Road map established to reach and maintain desired SOE

28. EMF consist of “environmental control zones”; environmental management plan and environmental management policy
Certain pre-determined activities when aligned with control zones, EMP and EM Policy are then excluded from EIA requirements
EMF also useful as environmental input into SDF’s, precinct plans, etc.

29. Sector guidelines

30. Sector guidelines
Regulations prescribe process for compiling and publication of Sector guidelines
Sector guidelines are given teeth – applicants have to take it into consideration
Sector guidelines can also be used for exclusions

31. Class applications

32. Class applications
One application and process for many different activities occurring in one geographical area OR
One application and process for the same activity type proposed to take place in different locations

33. The processes and time frames associated with it

34. Basic Assessment Process

35. Basic Assessment Process
Activities contained in Listing Notice 1 are subject to a basic assessment process
Smaller scale activities
Predicted impacts are generally known and can be easily managed
Will be further limited through exclusions

36. Step
Action
Who
Time Frame 1
Compile Basic Assessment Report and application form and submit to relevant authority
Applicant / Consultant
Not prescribed 2
Review application for completeness and accept or reject (if rejected – applicant can resubmit)
Authority
14 days
3(a)
Consider application and report and direct applicant to Scoping or request additional information (or 3(b))
30 days from acceptance
3(aa)
If applicable, amend reports / provide additional information
3(b)
Review application and report and issue decision. Notify applicant of conditions and appeal provisions
30 days from acceptance or receipt of additional information (3(a)) 4
Notify interested and affected parties of decision and appeal provisions
5 days of decision 5
If applicable, consider and respond to appeals received
Minister / MEC
Up to 90 days

37. Scoping and EIA process (thorough process)

38. Scoping and EIA (Thorough Assessment Process)
Activities contained in Listing Notice 2 are subject to a thorough assessment process
Activities that due to nature and/or extent is likely to have significant impacts
Associated with high levels of pollution / waste / environmental degradation
Impacts cannot easily be predicted
Higher risk activities

39. Step
Action
Who
Time Frame 1
Submit application form and relevant prescribed documents to the authority
Applicant / Consultant
Not prescribed 2
After submission of Application form, conduct basic public participation and compile Scoping Report & Plan of study for EIA
Consultant 3
Submit Scoping Report and plan of study for EIA to relevant authority
4(a)
Consider Scoping Report and notify applicant of required amendments (or 4(b)
Authority
30 days from receipt
4(b)
Consider and accept Scoping Report and PoS for EIA (or revised scoping report/ POS if 4(a) is relevant
30 days from receipt of accepted reports 5
Conduct EIA in line with approved POS and compile EIA Report and draft EMP. Submit reports to authority for consideration

40. Step
Action
Who
Time Frame 6
Consideration of reports followed and either accept it (see 7(a)) or refer parts of it for specialist review (see 7(b) and (c)) – notify applicant of outcome
Authority
60 days from receipt
7(a)
Issue decision with conditions and notification of appeal provisions or 7(b)
45 days from acceptance notice
7(b)
Specialists conduct reviews of reports and submit review reports to authority
Specialist
Not specified
7(c)
If 7(b) applies, issue decision with conditions and notification of appeal provisions
Within 45 days of receipt of specialist reviews 8
Notify interested and affected parties of decision and appeal provisions
Applicant / Consultant
Within 5 days of decision 9
If applicable, consider and respond to appeals received
Minister / MEC
Up to 90 days

41. Implementation of the NEMA EIA Regulations

42. Mining related activities will come into effect on 1 April 2007 due to
NEMA EIA Regulations will come into effect for all activities except for those related to mining permits, licenses and permission will come into effect on 1 July 2006
Mining related activities will come into effect on 1 April 2007 due to
Required law reform
Development of cooperation structures and systems
System reform
Transitional arrangements provided for EIA processes currently underway in terms of 1997 EIA Regulations

43. In conclusion…

44. After lengthy consultative process, NEMA EIA Regulations finally ready to come into force and start making a difference.
All the benefits of the new Regulations will not be immediately evident.
We must be more realistic about appropriateness of IEM Tools and urgently develop other tools to supplement, complement and in some cases, replace EIA.
Where more strategic approaches can be used, this should be explored and good quality base information is essential for this.

45. Thank you