Transcript The NEMA EIA Regulations & the cultivation of virgin soil

The NEMA EIA Regulations
& the cultivation of virgin soil
Gerhard Gerber (DEA&DP)
Fynbos Forum – August 2006
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• NEMA EIA Regulations
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Basic Assessment
Scoping & EIA
Exemptions
NEMA EIA Regulations & the
cultivation of virgin soil
• CARA & the cultivation of virgin soil
• “Agri MOU” – Reg 6 Agreement
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LISTED ACTIVITIES & PROCEDURES
TO BE FOLLOWED
• The Minister & MEC may identify
activities which may not commence
without environmental authorisation
- S24(2)(a)
• The Minister & MEC may make
regulations laying down the procedure to
be followed in applying for & the issuing
of environmental authorisations
- S24(5)(a)
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NEED FOR NEW EIA REGS (national perspective)
• The ECA EIA Regulations did not
provide/accommodate:
– quick processing;
– flexiblility to facilitate efficient
administration;
– amendments of authorisations;
– transfer of authorisations;
– authorisation/refusal of all or part of an
activity
– timeframes
– coordination with other authorities
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NEED FOR NEW EIA REGS (Continue)
The ECA EIA Regulations:
• placed a high administrative load on officials;
• did not always ensure quality information;
• contained too many small-scale applications;
• some activities with significant impacts
excluded;
• focused on the type & scale of activities,
without consideration for the receiving
environment.
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NEMA EIA REGULATIONS
Promulgated: 21 April 2006
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Identifying Activities
(GN No. R. 386 & R. 387)
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Laying down the Procedure
(GN No. R. 385)
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Date of effect: 3 July 2006
(GN No. R. 612, R. 613, R. 614, R. 615 & R. 616)
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Basic Assessment or Scoping & EIA?
• BASIC ASSESSMENT
– Activities identified ito GN No. R. 386
• SCOPING & EIA
– Activities indentified ito GN No. R. 387
– Advised by DEA&DP
– Permission granted to follow Scoping & EIA
– application is for two or more activities and
Scoping must be applied in respect of any of
the activities
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Basic Assessment Process
Notify Authority (form) (R. 22)
•Indicate if exemption will be applied for
Authority response and advice (R. 5)
Public participation (R. 22 & R. 56)
Submit
• Application form (R. 24)
• Basic Assessment Report (R. 24)
• Exemption application (R. 52)
Check application (R. 14)
14 days
Reject Basic Assessment Report
(R. 25)
• Submit additional information
• Specialist studies
• Alternatives
(R. 25)
Acknowledge receipt (R. 14)
30 days
Grant / refuse authorisation (R. 26)
Scoping & EIA (R. 25)
Competent authorities must strive to meet timeframes (R. 9)
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Scoping & EIA Process
Submit application (R. 27)
• Application form
• Landowner’s consent
• Indicate if exemption will be
applied for (part of application from)
Check application (R. 14)
Reject SR & / or
POSEIA (R. 31)
Request amendments (R. 31)
Accept SR & POSEIA
14 days
Acknowledge receipt (R. 14)
Scoping (R. 28-29)
• Public participation
• Scoping Report
• Public comment on SR (R. 58)
Submit (R. 30)
• Scoping Report
• Plan of Study for EIA
EIA (R.32)
• Prepare EIA report & draft EMP
Submit EIA Report & draft EMP
60 days
Authority response (R. 35)
• Reject
• Amend
• Specialist review
• Accept
45 days
30 days
Grant / refuse authorisation (R. 36)
Competent authorities must strive to meet timeframes (R. 9)
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EXEMPTIONS
•
Any person to whom a provision of these
Regulations applies may apply for an
exemption from such provision in respect of
a specific activity…
- R. 51(1)
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A person may be exempted from a provision
of these Regulations requiring or regulating
a public participation process, only if the
rights or interests of other parties are not
likely to be adversely affected…
- R. 51(2)
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EXEMPTIONS (Continue)
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Cannot be exempted from having to
obtain environmental authorisation
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PP will always have to be undertaken
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Exemption decisions:
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No timeframes
Can be appealed: The MEC may direct (ito
S43(7)) that an appeal against an
exemption will suspend an application
process until such time that a decision
has been taken on the appeal.
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Exemption Application Process
Submit an application as part of:
•Intent to apply (Basic Assessment)
•Part of Application Form (Basic Assessment
or Scoping & EIA)
Submit a separate application for
exemption (R. 52)
14 days
Acknowledgement of receipt (R. 52)
& advises applicant (R. 5) on the
appropriateness of the exemption
Integrate public participation as part of Basic
Assessment or Scoping & EIA PP process
Separate public participation process
Consideration (R. 53)
• May request additional information
• Advise application of any factors prejudicing the application
No timeframe
Issue Exemption Notice as part of
authorisation/refusal of Basic Assessment
or Scoping & EIA Application
Issue separate Exemption Notice
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LISTED ACTIVITIES
Basic Assessment (GN No. R. 386)
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25 activities (55 activities in total)
Scoping & EIA (GN No. R. 387)
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10 activities (29 activities in total)
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NEMA EIA REGULATIONS &
THE CULTIVATION OF VIRGIN SOIL
Basic Assessment (GN No. R. 386)
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12. The transformation or removal of
indigenous vegetation of 3 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).
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NEMA EIA REGS & THE CULTIVATION
OF VIRGIN SOIL (Continue)
Basic Assessment (GN No. R. 386)
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17. Phased activities where any one
phase of the activity may be below a
threshold specified in this Schedule but
where a combination of the phases,
including expansions or extensions, will
exceed a specified threshold.
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NEMA EIA REGS & THE CULTIVATION
OF VIRGIN SOIL (Continue)
Scoping & EIA (GN No. R. 387)
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2. 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.
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CARA & THE CULTIVATION
OF VIRGIN SOIL
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The Minister may prescribe control
measures that may relate to the cultivation
of virgin soil
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- S6(1) & (2)
CARA Regulations (GN No. R. 1048)
– Promulgated: 25 May 1984
– Date of effect: 1 June 1984
– Except on authority of a written
permission by the executive officer, no
land user shall cultivate any virgin soil
- R. 2(1)
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CARA & THE CULTIVATION
OF VIRGIN SOIL (Continue)
CARA Regulations (GN No. R. 1048)
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Specific application form
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Application to be lodged at least 3 months
prior to the intended date of cultivation
- R. 2(2)
- R. 2(3)
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An officer may, for the purposes of an
investigation deemed necessary to
consider such application, direct a land
user to take such steps as that officer
may determine.
- R. 2(4)
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STEPS TO BE TAKEN ito NEM Principles
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Anticipate, prevent, minimise & remedy:
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disturbance of ecosystem
loss of biological diversity
degradation of the environment
negative impacts on the environment & on
people's environmental rights
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Do not exceed the level beyond which the
integrity of renewable resources &
ecosystems are jeopardised
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Apply a risk-averse & cautious approach
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NEMA EIA REGS & CARA
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Overlap between NEMA EIA Regs & CARA
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There must be intergovernmental coordination & harmonisation of policies,
legislation & actions relating to the
environment.
- S4(l)
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Actual or potential conflicts of interest
between organs of state should be resolved
through conflict resolution procedures.
- S4(m)
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REGULATION 6 AGREEMENT
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Where an application must also be made in
terms of other legislation that require
substantially similar information or
procedure to be carried out, the MEC must
take steps to enter into a written agreement
with the other authority to co-ordinate
requirements & avoid duplication.
- R. 6
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“Agri MOU”
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improved communication & cooperation
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joint site visits
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same information
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same procedure (PP)
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conflict avoidance & resolution
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integrated decision-making
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GUIDELINES, WEBSITE & HELPDESK
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DEA&DP Guidelines on:
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Transitional Arrangements
Public Participation
Alternatives
Exemptions
Appeals
Interpretation of the Listed Activities
DEA&DP's website
http://www.capegateway.gov.za/eng/yourgovernment/gsc/406
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DEA&DP NEMA EIA Helpdesk
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Tel. (021) 483 4098
Email: [email protected]
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Thank you.
Questions?
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