AfriForum

1. AfriForum THE EFFICACY OF SOUTH AFRICA’S ENVIRONMENTAL IMPACT ASSESSMENT REGIME By Julius Kleynhans, Head of Environmental Affairs Parliament, 31 July 2013 www.afriforum.co.za • 0861 10 200 30

2. “The lack of political will and the greed of society will result in the extinction of our natural heritage and resources, biotic and abiotic” – Julius Kleynhans

3. Proposed Definitions • It was mentioned that “Environmental Infrastructure” should be amended as a definition • We would like to add definitions of 'Natural Capital‘ and ‘Natural Capital Accounting’ www.afriforum.co.za • 0861 10 200 30

4. 'Natural Capital‘ • Natural capital is the stock of natural resources, such as water and oil. Unlike other forms of equity (such as machines and buildings), which can be created on a regular basis, many natural resources are non-renewable. • Natural capital includes many resources on which humans and other animals depend to live and function, which creates tension between depleting and preserving those resources. • The depletion of natural resources must be acknowledged and quantified when the total cost of a particular development is calculated. • A company may be making huge profits and may be generating jobs, but if the same project depletes the natural capital of an economy significantly, such a project may actually have a detrimental effect on the total welfare. www.afriforum.co.za • 0861 10 200 30

5. ‘Natural Capital Accounting’ • Natural capital accounting is the process of calculating the total stocks and flows of natural resources and services in a given ecosystem or region. • Accounting for such goods may occur in physical or monetary terms. • This process can subsequently inform government, corporate and consumer decision-making as it relates to the use or consumption of natural resources and land, and sustainable behaviour. www.afriforum.co.za • 0861 10 200 30

6. DEA vs. DMR • The Environmental Authorization (EA) process must remain with the Department of Environmental Affairs (DEA) to avoid a monopoly forming in those departments which are chasing economic development, such as the Department of Minerals (DMR). • It appears at the moment as if the DMR is trying to issue as many licenses as possible without calculating the risks to the environment. • All NEMA-listed activities must apply to mining areas. There are currently too many unresolved issues pertaining to this topic. www.afriforum.co.za • 0861 10 200 30

7. Public Participation Process • Aproblem we face is the diversity of cultures and languages. If a Public Participation Process (PPP) is done in a specific language, it must be followed through accordingly. • The general language is English, but research has shown that different cultures respond better when addressed in their own languages. • The National DEA must provide proper translation and interpreting services to incorporate each person’s comments accurately into the EIA process. • Lack of capacity is understandable. It is, however, unacceptable for a national department to send a document back to a community, informing that community that the community must translate the document if it is not accessible to them. www.afriforum.co.za • 0861 10 200 30

8. Public Participation Process • The reliability of information is a critical issue. • This is also why a PPP must be implemented, not at minimum requirements but optimally, to ensure a proper investigation which includes all the relevant economic, social and environmental factors in that community. • We believe that the community can and should contribute to the process of assessing impacts, weighting negative impacts, and balancing development and environmental impacts. • No PPP may take place between 15 December nand 2 January. Exceptional circumstances should not be cited as an excuse to push through unpopular decisions. www.afriforum.co.za • 0861 10 200 30

9. Public Participation Process • PPPs must be properly promoted to ensure that everyone who is interested or affected can submit their comments. • These notifications must also include a guideline document to inform these parties on how the PPP works, what it means and why they must be involved. • To ensure better participation, meetings must be held in a location which accommodates everyone. • Information must be distributed via the current channels, but also in schools to increase distribution. We also suggest that all available channels be used. www.afriforum.co.za • 0861 10 200 30

10. Environmental Practitioners • Environmental practitioners must be affiliated with a national body to ensure high quality standards, compliance with policy, transparency in projects and communication. • They must ensure that both entities, i.e. the applicant and the interested and affected parties (I&AP’s) are equally serviced in a neutral EIA environment. • Legislation must ensure best practice and enforce penalties where needed www.afriforum.co.za • 0861 10 200 30

11. DEA Capacity vs. EIA • The capacity and expertise of the DEA must be broadened to ensure environmental compliance in all sectors and sustainable development for the future. • There is insufficient personnel and high staff turnover within the departments. • This has a detrimental effect on the implementation, understanding and enforcement of the EIA legislation. www.afriforum.co.za • 0861 10 200 30

12. Environmental Authorization • Many developments take place without proper Environmental Authorization (EA). • Companies have financial power and do not mind paying a fine of millions of rand, due to the profit the development proposes to make. • Legislation must be adapted to prevent wealthy companies from exploiting the economic and social needs of the country in order to push through developments which will deplete natural capital. www.afriforum.co.za • 0861 10 200 30

13. Environmental Authorization • Areas where EA has to be granted, must be mapped to indicate where the EA is effective to avoid future further expansion and ecological degradation due to uninformed, legal manipulation. • The environmental management principles must be implemented into the EIAs at all times, especially “Sustainable Development”, “Cradle to Grave” and “Polluter Pays”. These principles may form part of the EA T&Cs. We would also recommend that a separate Terms & Conditions document be added to hold the Developer accountable for the effects and misconduct of such a development to the affected parties. www.afriforum.co.za • 0861 10 200 30

14. EIA Reports • Seasons must be taken into account. • Duplication of reports must be avoided. There must also be penalties where applicable. • EIA is aimed at informing project planning and design. Unfortunately, it is often used to justify what is already planned. www.afriforum.co.za • 0861 10 200 30

15. EIA vs. State-bound • This legislation must be State-bound and all compliance enforcement, criminal liability and penalties must be bound to State to ensure that the law is respected by all and implemented democratically. • The State is the custodian of our minerals, water and natural resources and the State should also be accountable for the well-being of these natural assets. www.afriforum.co.za • 0861 10 200 30

16. Conclusion • We have to identify the no-go zones and treat them as such. • If these issues are not addressed as a matter of extreme urgency, we might be left with a couple of stones but no water or food. • We need long-term economic solutions which protect that natural environment. www.afriforum.co.za • 0861 10 200 30

17. Thank you, Parliament • AfriForum would like to thank Parliament for the opportunity to comment on this essential tool to ensure the most effective legislation be drafted to increase best decision-making principles for a sustainable South Africa. www.afriforum.co.za • 0861 10 200 30

18. The End www.afriforum.co.za • 0861 10 200 30