Transcript Environmental Impact Assessment in RSA – a DEAT perspective

An environmentally
responsible feedlot industry
- A government perspective-
Lize McCourt
March 2007
“Livestock are one
of the most
significant
contributors to
today’s most
serious
environmental
problems” –
Henning Steinfield
– FAO (UN)
November 2006
Livestock industry and the
environment – the world picture
• On the down side:
– Major contribution to climate change (greenhouse gas
emissions calculated to be equivalent to transport) – 18% of
CO2
– Air Quality
– Land degradation and deforestation:
• 30% of earth’s land surface utilised directly or indirectly for
livestock
• 70% of former forests in amazone turned over to grazing
– Water use and water pollution
– Biodiversity loss
• 20% of terrestrial animal biomass (dairy and meat)
• Feed crops
– Indirect impacts associated with feed crops
– Waste
Livestock industry and the
environment – the world picture
• On the up side:
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Provide livelihoods to about 1.3 billion people
Contribute 40% to global agricultural output
Source of renewable energy
Source of organic fertilizer
• Social and economic security and
environmental “protection” of equal
importance in a drive to sustainability
Can a balance between down side
and up side be obtained?
• Although it seems as if
negative impacts on the
environment associated with
the livestock industry cannot
altogether be avoided, it can
certainly be minimised and
managed AND positive
environmental opportunities
can be optimised
How can this be achieved?
• “Think globally, act locally, change
personally” – the sustainability motto
• Drawing on a multi-facetted “toolkit”:
– Legislative measures
– Voluntary measures
– Technology changes
– Management changes
How can this be achieved (2)?
• Legislative measures:
– Environmental Impact Assessment, Waste
permits, Water use permits and other relevant
permits and authorisations
– Emission standards
– Compliance monitoring and enforcement
– Refinement of legislative regime
– The legislative environment will be discussed in
more detail herein
• Voluntary measures
– Environmental Management Systems
– Codes of conduct
– etc
How can this be achieved (3)?
• Technology changes
– E.g. improvement of diets to reduce methane
emissions
– Water balance table and recycling
– Artificial wetlands
– Composting facilities with methane harvesting
– Discussed in some detail in Guideline;
– etc
• Management changes
– A new Ethos
– Discussed in some detail in the Guideline
SAFA – path towards an
environmentally responsible industry
• Major progress made with development
and adoption of National Environmental
Guideline (Thirstland Environmental
Services)
– Set out legal obligations comprehensively
– Suggest practical design and management
measures to address environmental
concerns
– Indicate advantages of environmentally
responsible practices
SAFA – path towards an
environmentally responsible industry
• S24G applications for rectification of
“unlawful” activities
• Applications in terms of environmental
legislations (Environmental Impact
Assessment; waste permits, water use
licenses, etc.) and compliance with permit
conditions
• Adoption and implementation of
environmental management systems such as
ISO14000
• Adoption of Environmental Code of practice
SA Government’s thinking on
environmental impact management
• This will be discussed under the
following themes:
– The legislative framework
– Environmental Impact Assessment – the
new system
– Moving towards a more strategic approach
– the Environmental Impact Management
Strategy and action plan
The legal framework…
Legal framework
• Constitution:
– Section 24 with dual environmental right
• Save and clean environment
• Environment protected for current and future
generations
– Schedules to the Constitution assign
mandates / competencies (Environmental
management is a concurrent national –
provincial competency)
Legal framework (cont)
• NEMA of 1998 (National Environmental
Management Act)
– Post constitution; people-centered; cradle to
grave approach; principle based decision-making.
– Subsequent “off-spring” of NEMA: Biodiversity
Act; Protected Areas Act; Air Quality Management
Act; NEMA Amendment Acts; Waste Management
Bill (in development) and Integrated Coastal
Management Bill
The legal framework (cont)
• ECA of 1989 (Environment Conservation Act)
– EIA Regulations of 1997 (repealed); current waste
management regime; conservation ordinances
– Pre-constitution; conservation centered
• Also other sector legislation with links to EIA and
Integrated Environmental Management (e.g Water
Act, Minerals and Petroleum Resource Development
Act, National Heritage Resources Act, etc.)
• Regulations, master plans, etc. related to special
protected areas such as world heritage sites,
RAMSAR areas, national parks, etc.
EIA Regulations
Objectives of EIA
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To ensure that environmental impacts are taken into
consideration in decision-making.
To promote sustainable development
To ensure activities undertaken do not have a
substantial detrimental impact on the environment
To prohibit activities that will have a substantial
detrimental impact
To ensure public involvement in the undertaking of
the identified activities
To regulate the process and the reports in order to
enable the authorities to make informed decisions
The EIA Regulations
• Regulations list activities that may not
commence prior to authorisation from
relevant authority
– Provincial environmental authority in most
instances
– National authority in specified circumstances
• Activities include matters related to:
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Land development
Infrastructure development
Bulk services provision
Industrial and waste management processes
Transformation /interference of sensitive environments
Agriculture
The EIA Regulations
• Prescribe:
– The process to be followed;
– The roles and responsibilities of roleplayers;
– Minimum requirements for reports; and
– Appeal procedures;
What is different / new in the
NEMA EIA Regulations
• Provision for a “rapid” and “thorough”
processes – nature, extent and location
of activity will determine which process
will be followed.
• Provision to exclude certain listed
activities under certain circumstances
based on:
– Policies and Guidelines
– Environmental Management Frameworks
What is different / new in the
NEMA EIA Regulations (2)
• List of activities more precise and
many ‘unnecessary’ activities excluded
• Inclusion of time frames
• Regulation 6 – allowing for agreements
between organs of state to prevent
duplication of legislative requirements
and to align processes that are
substantially similar
What is different / new in the
NEMA EIA Regulations (3)
• Inclusion of provisions for class /
group applications:
– More than one activity in a geographical
area
– More than one activity of the same type in
different geographical locations
• More detailed requirements in terms of
public participation
Implications of 2006 EIA
Regulations for the Feedlots
industry
Relevant activities that will trigger
the basic assessment process
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Construction of facilities … and associated infrastructure for:
• the slaughter of animals with a product throughput of
10 000 kilograms or more per year;
• the concentration of animals for the purpose of
commercial production in densities that exceed three
square metres per head of poultry and more than 250
poultry per facility at any time, excluding chicks
younger than 20 days;
• agri-industrial purposes, outside areas with an existing
land use zoning for industrial purposes, that cover an
area of 1 000 square metres or more;
Relevant activities – basic
assessment (cont)
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The transformation or removal of
indigenous vegetation of three hectares or
more or of any size where the
transformation or removal would occur
within a critically endangered or an
endangered ecosystem listed in terms of
section 52 of the National Environmental
Management: Biodiversity Act, 2004 (Act
No. 10 of 2004).
Relevant activities – basic
assessment (cont)
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The abstraction of groundwater at a
volume where any general
authorisation issued in terms of the
National Water Act, 1998 (Act No. 36 of
1998) will be exceeded.
The subdivision of portions of land
nine hectares or larger into portions
of five hectares or less.
Relevant activities – basic
assessment (cont)
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There are also other activities related
to matters such as waste and effluent
treatment and disposal that may also
be relevant
Relevant activities – Scoping and
EIA (Thorough assessment)
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The construction of facilities and
associated structures for
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the treatment of effluent, wastewater or
sewage with an annual throughput capacity
of more than 15 000 cubic metres or more;
the incineration, burning, evaporation,
thermal treatment, roasting or heat
sterilisation of waste or effluent, including the
cremation of human or animal tissue;
the microbial deactivation, chemical
sterilisation or non-thermal treatment of
waste or effluent;
Relevant activities – Scoping and
EIA (Thorough assessment)
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Any development activity, including
associated structures and infrastructure,
where the total area of the developed area
is, or is intended to be, 20 hectares or more
There are also other activities that may be
relevant, e.g.: construction of dams of
specified size, large scale waste and
effluent treatment / disposal
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The value of the EIA process for
the “applicant”
EIA is often viewed as an obstacle / hurdle and the
value added is often underestimated
EIA helps the applicant to ask some fundamental
questions before venturing investment, including
for example:
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Adequacy of natural resources such as water
Risk of pollution to water, air and land in order to prevent
such pollution rather than implementing expensive
rehabilitation measures
Acceptance of the activity by neighbours
Appropriateness of activity in light of future planning of
the area
Alternative technologies that could optimise efficiency
and minimise waste / pollution
Tips on how to go about the EIA
process
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Know the regulations
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a “Companion to Regulations” is currently being
prepared by DEAT that would assist with this.
The National Guideline
Establish whether the activity you are planning
requires EIA authorisation and if it does, whether
the basic or thorough process need to be followed.
Establish whether the activity is excluded from the
EIA requirements due to:
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Policy guideline of the province or national guideline
Environmental Management Framework accepted for the
area
Tips on how to go about the EIA
process
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If the activity requires authorisation and is not
excluded, appoint an Environmental Assessment
Practitioner (EAP) to prepare the application and
manage the process
Include EIA timeframes in your project plan and do
not spent money on infrastructure etc on an
assumption that you will obtain approval
If you are located in a protected area (such as
world heritage site), ensure that requirements of
the management authority of such area are also
met
Use one process for multiple permits (e.g. waste
and emissions related authorisations)
What role can SAFA play in EIA
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Establish and maintain data base of guidelines,
policies, decision-support tools and EMFs
developed and implemented by DEAT and the
provinces
On experience of members, compile a data base of
Environmental Assessment Practitioners (EAP)
that is familiar with the industry and have
experience in conducting EIA processes for
industry activities – BUT caution against creating a
“monopoly”;
Interaction with DEAT to explore possibility to
“escalate” industry guideline to be adopted as a
guideline in terms of the EIA Regulations
Towards a comprehensive Environmental
Impact Management Strategy and Action
Plan
Why the need for a new strategy
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EIA currently the only legislative tool for impact
assessment and management
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It is often not the appropriate tool
It is not complimented by strategic tools
It is site specific and pre-development focussed only
“government control” focus
Lack of compliance monitoring and enforcement
Must find ways to approach impact management in
“partnership” manner – pooled resources will
result in better effectiveness
Development of other tools “ad hoc” and not really
implemented
Envisaged elements of the
strategy
Establish and Assess Impacts
Mitigation and Management of impacts
Governance
Elements of the strategy
ASSESS IMPACTS
• Only where impacts are not
known
• Utilization of appropriate tools
• Strategy will aim to rationalize
EIA and introduce other tools:
– Risk Assessment
– Strategic Environmental
Assessments
– Life Cycle Analysis
– Cost Benefit Assessments, etc.
• Objective driven approach
Elements of the strategy
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MANAGEMENT
OF IMPACTS
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Where or when impacts are known, need for
“assessment” element should fall away
Proactive and reactive measures to be included
Utilization of appropriate tools for management
Strategy will aim to introduce appropriate tools
which could include:
– Implementation of environmental authorisations
– Management through norms and standards,
guidelines, policies, etc
– Environmental Management Plans
– Environmental Management Systems
– Codes of good practice.
– Prohibitions
– Indicators
– Economic measures (tax incentives)
Elements of the strategy
GOVERNANCE
• Move away from “control” only
• Integration of different “permit
processes”
• Integration of environmental impact
assessment and management in other
government processes
• Introduce and promote self-regulation
• Promotion and acknowledgement of
voluntary systems
• Environmental reporting
• Transformation
Concluding remarks
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It cannot be denied that the feedlots industry’s activities do
pose potential significant threats to the environment
It can also not be denied that the industry play an important
role in social and economic well-being of citizens of South
Africa with positive environmental spin offs
The industry has already taken important steps towards a
more environmentally responsible approach
Environmental responsible behaviour will give feedlots
operators a competitive advantage (triple bottom line,
especially in terms of exports)
Sustainable development and environmental quality are
everybody’s responsibility and partnerships and combination
of efforts are essential in meeting these objectives
EIA is an important element of this, but cannot stand on its
own.
THANK YOU !