Information Seminar 04 December 2017 Venue: DEA Auditorium Sibusisiwe Hlela

EIA Regulation 23 (3) and (4) NEMA S24H iq@environment.gov.za Contents EIA Regulation 15 EIA Regulation 23 (3) and (4) NEMA S24H iq@environment.gov.za

Determination of the assessment process applicable to application Reg. 15 Determination of assessment process applicable to application 1) An EAP must identify whether basic assessment or S&EIR must be applied to the application, taking into account— (a) any notices published in terms of section 24D of the Act; (2) An application must be managed in accordance with— (a) regulation 19 and 20 if basic assessment must be applied to the application or when identified and gazetted by the Minister in a government notice; or (b) regulation 21 to 24 if S&EIR must be applied to the application.

NEMA S24D:Publication of list (1) The Minister or MEC concerned, as the case may be, must publish in the relevant Gazette a notice containing a list of- (a) activities or areas identified in terms of section 24(2); and (b) competent authorities identified in terms of section 24C. The notice referred to in subsection (1) must specify the date on which the list is to come into effect. NB: DEA sends e-version of the gazettes to all stakeholders in the database

Update on Renewable Energy Development Zones BACKGROUND DEA committed to facilitate the implementation of the Presidential Infrastructure Coordinating Committee’s (PICC) 18 Strategic Integrated Projects (SIPs) by developing Strategic Environmental Assessments (SEAs) to streamline the regulatory environmental requirements and inform planning and design of SIPs. DEA has developed the SEA for Wind and Solar Photovoltaic Energy The SEA identifies 8 REDZ to support transmission and distribution infrastructure

REDZ in terms of NEMA 1998 S24(3) Renewable energy development zone 1- Overberg – Western Cape Renewable energy development zone 2- Komsberg: Western Cape Renewable energy development zone 3- Cockhouse : Eastern Cape Renewable energy development zone 4- Stormberg : Eastern Cape Renewable energy development zone 5- Kimberly : Northern Cape Renewable energy development zone 6- Vryberg : North West Renewable energy development zone 7- Upington : Northern Cape Renewable energy development zone 8- Springbok : Northern Cape 3 Northern Cape REDZ gazette only for solar – no wind potential

Associated transmission corridors Central Corridor Eastern corridor International corridor Northern corridor Western corridor

2014 Regs - Listing Notice 2: activities 1 and 9 Activity 1: The development of facilities or infrastructure for the generation of electricity from a renewable resource where the electricity output is 20 megawatts or more, excluding where such development of facilities or infrastructure is for photovoltaic installations and occurs within an urban area. Activity 9: The development of facilities or infrastructure for the transmission and distribution of electricity (power lines and substations) with a capacity of 275 kilovolts or more, outside an urban area or industrial complex.

EIA process changes If these activities are taking place in the REDZ and the corridors, a basic assessment process will be followed instead of the Scoping and EIA report process The timeframe to review and make a decision will be 57 days instead of 107 Routes pre-negotiated with all landowners must be submitted as part of the application for EA

or BA Process + + 157 days 50 days 107 days 107 to 57 days 90 days MPRDA Application Accepted BA Process Pre-application (Optional) WML AEL WUL MPRDA Application + Consultation BAR & EMPR + Closure Plan Follows NEMA EIA Process NOI Processing Application BEE Proposal Mine Health and Safety Site inspection & permission to proceed 90 days Public Participation including CA (30 days) Incorporate PP comments Submit BAR, EMPr & Closure Plan or Additional 50 days (30 PPP) WULA submitted Recommendation for MWP BEE MH&S EA Decision prerequisite for MPRDA Decision WULAC recommendation BAR and EMPr review Public participation including CA (30 days) Incorporate PP comments 50 days 197 DAYS (Non- substantive) 247 Days (Substantive) DMR and DWA meeting: DMR & DWA recommendations 107 days Submit BAR, EMPr & Closure Plan 157 days Decision BAR and EMPr review WML DECISION AEL Decision (Mining) MPRDA Decision WUL Decision 60 days AEL Decision (other) 107 to 57 days Decision In the event of substantive BA process, all time-frames extended by 50 days ENVIRONMENTAL AUTHORISATION APPEAL FINALISED 90 days EA APPEAL DECISION PREREQUISITE FOR MPRDA DECISION BECOMING EFFECTIVE 90 days

Where to get more information https://egis.environment.gov.za – Geographical areas http://egi.csir.co.za

Progress to date Following the gazette notice issued on 13 April 2017 https://www.environment.gov.za/legislation/gazetted_notices for 30 days comments period: DEA received comments and incorporated them. The department is working on the gazette notice for implementation of the REDZ and corridors areas

Content of the reports Reg 23 (3) An environmental impact assessment report must contain all information set out in Appendix 3 to these Regulations or comply with a protocol or minimum information requirements relevant to the application as identified and gazetted by the Minister in a government notice Reg. 23 (4) An EMPr must contain all information set out in Appendix 4 to these Regulations or must be a generic EMPr relevant to the application as identified and gazetted by the Minister in a government notice

Two EMPRs under development Generic Environmental Management Programme (EMPr) for the development and expansion of infrastructure for the transmission and distribution of electricity Generic Environmental Management Programme (EMPr) for the development and expansion of infrastructure for the overhead transmission and distribution of electricity

LISTING NOTICE 1 ACTIVITY 11 ACTIVITY 47 The development of facilities or infrastructure for the transmission and distribution of electricity – Outside urban areas or industrial complexes with a capacity of more than 33 but less than 275 kilovolts; or Inside urban or industrial complexes with a capacity of 275 kilovolts or more ACTIVITY 47 The expansion of facilities or infrastructure for the transmission and distribution of electricity where the expanded capacity will exceed 275 kilovolts and the development footprint will increase

LISTING NOTICE 2 Activity 9 The development of facilities or infrastructure for the transmission and distribution of electricity with a capacity of 275 kilovolts or more, outside an urban area or industrial complex

Purpose of developing the generic EMPR It contains a pre-approved EMPr template To enhance the quality and consistency of information submitted Part B: Section 1: Impact management outcomes and actions In addition, to Part B Section 1, the EMPr will need to include site specific issues

Amendment of a Generic EMPr The holder of an EA may make amendments to EMPr in line with regulation 36 and 37 of the Environmental Impact Assessment Regulations, 2014, as amended.

Update on Generic EMPr Way forward: Following the comments received, both EMPrs will be gazetted for public comments. MINMEC has approved the gazette for public comments

Update on NEMA S24H:Registration authorities An association proposing to register its members as environmental assessment practitioners may apply to the Minister to be appointed as a registration authority in such manner as the Minister may prescribe. The application must contain - (a) the constitution of the association; (b) a list of the members of the association; (c) a description of the criteria and process to be used to register environmental assessment practitioners; (d) a list of the qualifications of the members of the association responsible for the assessment of applicants for registration; (e) a code of conduct regulating the ethical and professional conduct of members of the association; and (f) any other prescribed requirements.

NEMA S24H:Registration authorities The Minister must maintain a register of all associations appointed as registration authorities in terms of this section. The Minister may appoint as registration authorities such number of associations as are required for the purposes of this Act and may, if circumstances so require, limit the number of registration authorities to a single registration authority.

NEMA S24H Regulations Progress to date: www.eapasa.org The Minister has responded to the EAPASA about the intention to appoint EAPASA as a single Registration Authority On the 1st of September 2017 the Minister issued a gazette notice:

GN 953 National Environmental Management Act (107/1998): Consultation on my intention to appoint the Environmental Practitioners Association of South Africa as the Single Registration Authority.......................................................... 41084

Sibusisiwe Hlela Tel: 012 – 399 9322 Cell: 082 388 8024 E-mail: shlela@environment.gov.za