1Slide 1
ENVIRONMENTAL IMPACT ASSESSMENT:
REVISED REGULATIONS IN TERMS OF
THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998
(ACT NO. 107 OF 1998)
2Slide 2
WYNAND FOURIE
Director: Environmental Impact Management
Presenter
3Slide 3
Programme of information sessions
DATE PROVINCE TOWN/CITY
10 May Eastern Cape East London
24 May Mpumalanga Nelspruit
26 May Free State Bloemfontein
31 May Western Cape Cape Town
2 June KZN Durban
5 June Open seminar: Gauteng Pretoria
9 June Gauteng Johannesburg
15 June North West Rustenburg
19 June Northern Cape Kimberley
22 June Limpopo Polokwane
4Slide 4
• EIA is one of the key tools for enabling sustainable development in South Africa
• Predict environmental consequences of proposed activities for decision-making, to ensure that resources are soundly managed
• For many years, considered part of Integrated Environmental Management, but not legislated
• Legislated in 1997 in terms of Environment Conservation Act, 1989
Background
5Slide 5
• Sections 21, 22 & 26 of ECA enable EIA regulations
• EIA regulations (GN R 1182, 1183 & 1184) promulgated in September 1997
• Various amendments made to EIA regulations, most recent in May 2002
• NEMA promulgated in 1998 and to replace ECA
• Development of new EIA regulations commenced in 2000
Background cont..
6Slide 6
Total EIAs to date
43,423 EIA processes between September 1997 & March 2006
7Slide 7
Need for New Regulations
• Wide interpretation of activities could result in inconsistent application by authorities
• Too many small scale / insignificant activities made subject to EIA
• Lengthy and inflexible process, with too many “authority stops” / “decision points”
• Inadequate requirements for public participation
• Not supported by strategic planning tools• Enforcement measures generally weak
8Slide 8
• The current process does not always ensure that the necessary information for decision-making is submitted
• The current list of activities requires amendment
• There are concerns that the current regulations cause unnecessary delays for development
Need for New Regulations cont..
9Slide 9
Improvements
Aspect ECA EIA Regulations
NEMA EIA Regulations
Activities Too 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 comprehensive assessments
10Slide 10
Improvements cont..
Aspect ECA EIA Regulations
NEMA EIA Regulations
Decision-making process
Allowed for comprehensive process only
• Allow for rapid decision making •Prescribe time frames
11Slide 11
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, including I&APs – consequences for non-compliance provided for.
Improvements cont..
12Slide 12
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
Improvements cont..
13Slide 13
• Two categories of activities: Basic Assessment (Notice 1) and Environmental Assessment (Notice 2)
• Public participation can commence before applying (Basic Assessment)
• Specified requirements for amendment of authorisations
• Terms of reference for EIA included in Scoping Report, no longer separate plan of study
• Clarification of independence of EAP
What’s new?
14Slide 14
• Exclusions based on Environmental Management Frameworks
• Compliance and enforcement strengthened• Cooperation agreements between authorities• Draft Environmental Management Plans to be
included in EIAs• Report contents specified in detail• Combination of applications• Provision for amendment & withdrawal of
authorisations
What’s new? cont..
15Slide 15
Environmental Assessment Practitioners (S. 17-19)
• Compulsory for applicant to appoint EAP• Independence & expertise required• Must disclose all relevant information that could
influence decision or objectivity of a document or report
• Disqualification: – If authority believes that EAP is not independent– EAP informed and has opportunity to make representations to
authority– Authority can refuse to accept report or require independent
review
16Slide 16
Determining assessment process (Regulations 20-21)
• EAP to determine relevant process• Basic Assessment (Notice 1 Act) or
Scoping & EIA (Notice 2 Act)• Process chosen based on:
– Listing notices 1 & 2– If application is for 2 or more activities and at
least one of these requires Scoping and EIA, then application must be subjected to Scoping & EIA
17Slide 17
• 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
Basic Assessment (Regulations 22-26)
18Slide 18
Basic Assessment cont..
Public participation (R. 22)
Basic assessment report (R. 23)
Submit application (R. 24)• Application form• Assessment report• Etc.
14 days
Acknowledge receipt (R. 14)
Check application (R. 14)
30 days
Response (R. 25)
• Submit additional information• Specialist studies• Alternatives• Rejection• Scoping & EIA
Scoping & EIA
Grant / refuse authorisation (R. 26)
10 days
Notify I&APs of decision (R. 10)
Notify applicant of decision (R. 10)
Competent authorities must strive to meet timeframes (R. 9)
19Slide 19
• Activities contained in Listing Notice 2 are subject to a comprehensive assessment process
• Activities that due to nature and/or extent are likely to have significant impacts
• Associated with high levels of pollution / waste / environmental degradation
• Impacts cannot easily be predicted• Higher risk activities
Scoping & EIA (Regulation 27-36)
20Slide 20
Scoping & EIA cont..
Submit application (R. 27)• Application form• Landowner’s consent
14 days
Check application (R. 14)
30 days
Response (R. 31)• Request amendments• Reject because:
• insufficient information• failure to consider guidelines
• Accept
Decision (R. 36)
10 days
Notify I&APs of decision (R. 10)
Notify applicant of decision (R. 10)
Acknowledge receipt (R. 14)
Submit Scoping Report (R. 30)
Scoping (R. 28-29)• Public participation (incl. organs of state)• Scoping Report• Public comment on SR (R. 58)
EIA (R.32)• Prepare EIA report & draft EMP
60 days
Response (R. 35)• Reject• Amend• Specialist review• Accept
45 days 45 days
Competent authorities must strive to meet timeframes (R. 9)
21Slide 21
EIA Report includes:• Activity description• Site/area assessment• Public participation• Description of issues• Description and assessment of alternatives (if any)• Specialist studies (only if necessary)• Specialized processes (only if necessary)• Assessment of impacts• Assessment of issues• Environmental impact statement• Draft environmental management plan
Contents of EIA Reports (Regulation 32)
22Slide 22
• Authority must:• Make a decision (grant or refuse) • Issue single authorization for more than one activity
• Authorization must include:• Details of applicant• Activity description• Property description• Conditions
• Authorization may require:• Commencement only after certain conditions complied with• Submission of compliance reports• Submission of environmental audit report• Any other condition
Authorisations (Regulations 37-38)
23Slide 23
Amendment of authorisations (Regulation 39-46)
• Authority may amend an authorisation, on application: - by holder or - from authority• On application by holder (Regulation 40-43):
– Official form– Acknowledge receipt within 14 days– Consider whether likely to affect the environment or
rights of other parties– Authority must promptly decide on non-substantive
amendments: timeframe not specified
24Slide 24
Amendment of authorisations cont..
• Application by authorisation holder – If substantive amendments:
• Public participation• Investigation & assessment• Public comment on reports• Submit reports
• Amendment on initiative of authority to:– prevent deterioration or further deterioration of
environment– achieve prescribed environmental standards– accommodate demands due to socio-
economic circumstances & public interest
25Slide 25
Amendment of authorisations cont..
• Amendment on initiative of authority:– Notify holder– Opportunity for representations– Public participation, if necessary
• On reaching a decision, the authority must (Regulation 46):– Notify the holder– Provide reasons– Inform of possibility of appeal– Issue amended authorisation
26Slide 26
Withdrawal of authorisations (Regulations 47-50)
• Withdrawal only under certain circumstances (Regulation 47):– Condition contravened– Fraud– Misrepresentation / non-disclosure– Activity discontinued
• Authority must (Regulation 48):– Notify holder– Opportunity for representations– Public participation, if necessary
27Slide 27
Withdrawal of authorisations cont..
• Suspension allowed if (Regulation 49):– Contravention of condition is causing harm to
the environment– Suspension necessary to prevent harm or
further harm– Suspension possible before or after
opportunity for representations by holder• Decision (Regulation 50):
– Notify holder in writing– Inform of possibility of appeal
28Slide 28
Exemptions (S. 51-55)
• Different from exemptions i.t.o. ECA• Exemption can be considered from any
provision of regulations• Exemption from public participation only
possible if rights or interests of other parties are not adversely affected
29Slide 29
Exemptions cont..
14 days
Submit application (R 52)
Acknowledgement of receipt (R. 52(2))
Consideration (R. 53)• May request additional information• Advise application of any factors prejudicing the application
No adverse effects on rights or interests of other parties
Adverse effects on rights or interests of other parties
10 days
Notify applicant of decision (R. 54)• Written exemption notice
Notify I&APs (R. 54(10(d)))
Appeal
• Public participation (R 56)• Register of I&APs• Submit comments
10 days
Competent authorities must strive to meet timeframes
(R. 9)
30Slide 30
Public participation (S. 56-59)
• Public participation process (Regulation 56):– Site notice boards– Written notice to:
• Adjacent owners and occupiers • Owners and occupiers within 100m of boundary of site• Ward councillor• Municipality• Organs of state having jurisdiction
– Adverts in one local newspaper or official gazette– Provincial or national newspaper (if activity may have
impact beyond borders of municipality)– Requirements for content & size of notices– Exceptions for linear & ocean-based activities: to be
agreed with authority
31Slide 31
Public participation cont..
• Register of I&APs (Regulation 57):– Applicant or EAP must maintain register
containing names & addresses of:• Persons who submitted comments • Persons who, after the PP process, submitted
written requests for their names to be placed on the register
• All organs of state having jurisdiction– Register accessible to all who submit written
request
32Slide 32
Public participation cont..
• Registered I&APs entitled to comment (Regulation 58):– Must comply with timeframes– Must provide copy of comments sent to authority to
EAP as well– Must declare business, personal, financial or other
interests– I&APs must be given opportunity to comment on all
reports before submission to authority (BA reports, scoping reports, EIRs & EMPs)
• I&AP comments to be recorded in reports (Regulation 59):– EAP must record I&AP comments in reports– Comments on final reports to be submitted to authority
can be an attachment
33Slide 33
Appeals (R. 60-68)
10 days
Notification of decision
<= 30 days
Notice of intention to appeal (R. 62)• Notice on official form• If applicant appeals, inform all other I&APs & organs of state• If appellant is someone other than applicant, inform applicant
Appeal must be accompanied by: (R. 63)• Grounds for appeal• Supporting documentation• Statement by appellant that R. 63 has been complied with• Appeal fee (not yet prescribed)
Responding statements (R. 65)
30 days
Submit appeal (R. 64)
Answering statement to new information introduced (R. 65 (2)(b)) – when applicable
30 days
Processing of appeal (R. 66)• Issue direction i.t.o. R. 43(7) of NEMA• Appoint appeal panel i.t.o. R. 43(5) of NEMA
10 days
Appeal panel (R. 67) - optional
Decision (R. 68) • Notify appellant & each respondentAcknowledge receipt (R. 66(1))
34Slide 34
Environmental Management Frameworks (R. 69-72)
• Regulations prescribe process for compiling EMF and set minimum requirements for content
• Strategic tool where a geographical area is assessed: – Status quo is studied in terms of inter alia
biophysical environment, built environment and “planned” environment
– Desired state of environment defined– Road map established how to reach and
maintain desired state of environment
35Slide 35
EMFs cont..
• EMF consist of various “environmental control zones”, environmental management plan and environmental management policy
• Certain pre-determined activities can be excluded from EIA requirements if aligned with control zones, EMP and EM Policy
• EMF also useful as environmental input into SDF’s, precinct plans, etc.
36Slide 36
Guidelines– National and provincial– Drafts in gazette for comment– Not binding, but must be taken into account
by EAPS & authorities
Guidelines (Regulations 73-76)
37Slide 37
• Anything done i.t.o. previous regs remains valid
• Authorisations issued i.t.o. previous regs regarded to be issued under new regs
• Applications and appeals pending under ECA to be completed i.t.o. ECA
• Existing guidelines that have been adopted before new regulations take effect regarded to be guidelines in terms new regulations
Transitional arrangements (Chapter 9)
38Slide 38
• Reckoning of days (S. 1(2))– Reckoned from start of day following a particular
day to end of last day of the period– If last day of the period falls on a Saturday,
Sunday or public holiday, the period must be extended to the end of the next day which is not a Saturday, Sunday or public holiday
– Submitted today, starts running tomorrow until day 30. If day 30 is Sa, Su, PH = next work day
General provisions
39Slide 39
• Lapsing of application or appeal (Regulation 77)– Appeal or application lapses if applicant or appellant fails
to comply with a requirement of these regulations within 6 months of submitting application or appeal
• Resubmission of similar applications (Regulation 78)– Applicant may not resubmit application substantially
similar to previous application that has been refused, unless:
• 3 years has lapsed since refusal of previous application• New application contains new information
General provisions cont..
40Slide 40
• Compliance monitoring (Regulation 79):– Authority may request holder of authorisation or
exemption to explain alleged contravention or non-compliance
– Authority may request environmental audit report– Authority may request audit report to be prepared by
independent person– Holder of authorisation or exemption is liable for all
costs– Authority may appoint auditor and recover costs if
holder of authorisation or exemption fails to do so
General provisions cont..
41Slide 41
• Assistance to people with special needs (Regulation 80):– Authorities, Minister and MECs must give
reasonable assistance to person who is unable to comply with a requirement of the regulations due to:
• Lack of skills to read or write• Disability• Any other disadvantage
General provisions cont..
42Slide 42
• Offences (Regulation 81):– Supplying false / misleading information– Failure to disclose information– Failure to submit audit report– Failure to comply with conditions of
exemption – Continuation with activity if authority has
withdrawn authorisation• Penalties in terms of NEMA section 24F
General provisions cont..
43Slide 43
• Implementation documents – DEAT has drafted four guidelines:
• Process flow (administrative)• Assessment of impacts and alternatives• Environmental Management Frameworks• Public participation
– EMF and PP published for comment– Expected completion date: July 2006
• Application form and BA report: – To be made available in print and on DEAT
website
Way forward
44Slide 44
Implementation documents• Various templates and guidelines have
been drafted • Official EIA gazette is planned
– All EIA related publications– Discussions with GPW to be finalized
Way forward
45Slide 45
Implementation documents (cont)
• Registration of EAPs– Not yet compulsory– Work in progress
• EIA regulations companion– Booklet format– EIA regulations in laymen’s terms
Way forward
46Slide 46
Website
• www.deat.gov.za
47Slide 47
Thank you
Top Related