Dave Rudolph Strategic Environmental Focus Pty Ltd

1. 1

2. 2

3. 3 Be courteous at all times One speaker at a time Introduce yourself Focus on the issue not the individual No interruptions Please keep questions until the end of the presentation All questions & comments to be directed through the Chairperson No long debates Give a fair chance to all

4. 4

5. 5

6. 6 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

7. 7 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

8. 8

9. 9

10. 10

11. 11

12. 12

13. 13

14. 14

15. 15 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

16. 16 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

17. 17 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

18. 18 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 EAP advises Scoping & EIA instead of Basic Assessment 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

19. 19

20. 20

21. 21 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

22. 22

23. 23

24. 24

25. 25 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

26. 26 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

27. 27 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

28. 28 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

29. 29 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

30. 30 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

31. 31

32. 32 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

33. 33 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

34. 34 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 I&AP comments need not be recorded in a report if they relate to report to be submitted to authority

35. 35

36. 36 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 state of environment

37. 37 EMF consist of various “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.

38. 38 Guidelines National and provincial Drafts in gazette for comment Not binding, but must be taken into account by EAPS & authorities

39. 39 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

40. 40 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

41. 41 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

42. 42 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 liable for all costs Authority may appoint auditor and recover costs if holder of authorisation or exemption fails to do so

43. 43 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

44. 44 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

45. 45 Implementation documents DEAT has drafted four guidelines: Process flow (administrative) Assessment of impacts and alternative Environmental Management Frameworks Public participation EMF and PP published for comment Expected completion date: July 2006 Application form and BA report finalised To be made available in print and on DEAT website

46. 46 Implementation documents Various templates and guidelines drafted to be shared between authorities Official EIA gazette planned All EIA related publications Initial discussions held with GPW

47. 47 Implementation documents (cont) Registration of EAPs Not compulsory Work in progress EIA regulations companion Booklet format EIA regulations in laymen’s terms

48. 48 Questions & answers