Transcript Slide 1

PRESENTATION ON REVISED NATIONAL
ENVIRONMENTAL MANAGEMENT ACT:
Environmental Impact Assessment Regulations
By the Department of Environmental
Affairs and Tourism
April 2006
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.
Environmental Impact Assessment
• Systematic process to identify potential
positive and negative impacts on the
environment (biophysical, socioeconomic, cultural) associated with
proposed activity.
• Examine alternatives / management
measures to minimise negative and
optimise positive consequences.
• Prevent substantial detrimental to the
environment
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.
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
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
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.
South Africa’s EIA
System
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
Total EIA Applications since 1997
43 423
GP
WC
6632
15%
NW
MP
LP
FS
KZN
WC
NC
EC
EC
6223
14%
NC
1096
3%
KZN
7015
16%
GP
13001
30%
FS
2265
5%
LP
2446
6%
MP
1890
4%
NW
2855
7%
Total EIAs Completed Since 1997
35 536
GP
NW
MP
LP
FS
KZN
WC
NC
EC
EC
5715
16%
NC
707
WC 2%
4688
13%
KZN
5219
15%
GP
11025
30%
FS
2000
6%
LP
1957
6%
MP
1801
5%
NW
2424
7%
Total EIAs Cancelled Since 1997
3 097
GP
NC
389
13%
NW
MP
LP
FS
KZN
WC
EC
75
2%
NC
EC
GP
772
25%
WC
736
24%
KZN
925
29%
FS
50
2%
NW
MP
LP11
89
500%
3%
2%
EIA in South Africa:
Number of applications received and reviewed
• The provinces received a total of 43 423 applications for
EIA authorisation between September 1997 and March
2006.
• Of these applications 35 536 have been finalised and 3 097
withdrawn.
• This means that at least 4 790 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
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
Review of South Africa’s
EIA System
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.
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
The NEMA EIA Regulations
What has been retained but
improved? …
Aspect
ECA EIA
Regulations
NEMA EIA
Regulations
Activities
To wide a
spectrum, unclear,
crucial activities
omitted
EIA Process
One cumbersome
process, resulted
in innovative
interventions
Narrowed the
spectrum, more
specific, include
activities
previously omitted
Differentiate
between basic and
thorough
assessments
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
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.
Aspect
ECA EIA
Regulations
NEMA EIA
Regulations
Public
participation
Included but
poorly defined
Appeal process
Appeal decisionmaking process
not prescribed
Well defined and
minimum
requirements
prescribed
Process well
defined and
aligned with PAJA
What is new …
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
Environmental
Management Frameworks
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
• 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.
Sector guidelines
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
Class applications
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
The processes and time
frames associated with it
Basic Assessment Process
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
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))
Authority
30 days from
acceptance
3(aa)
If applicable, amend reports / provide
additional information
Applicant /
Consultant
Not prescribed
3(b)
Review application and report and issue
decision. Notify applicant of conditions
and appeal provisions
Authority
30 days from
acceptance or
receipt of
additional
information (3(a))
4
Notify interested and affected parties of
decision and appeal provisions
Applicant /
Consultant
5 days of
decision
5
If applicable, consider and respond to
appeals received
Minister / MEC
Up to 90 days
Scoping and EIA process
(thorough process)
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
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
Not prescribed
3
Submit Scoping Report and plan of study
for EIA to relevant authority
Consultant
Not prescribed
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 Authority
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
Not prescribed
Applicant /
Consultant
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)
Authority
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
Authority
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
Implementation of the
NEMA EIA Regulations
• 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
In conclusion…
• 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.
Thank you