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2. Review of ECA EIA RegulationsNet to wideTime framesEvolution of Environmental LawPAJA and PAIAOther inadequaciesAlso positive elements NEMA Amendments (2005) and EIA regulations (2006)Enquiries, matters of interpretation, indicated flaws in specifically listed activitiesImpracticalities, thresholds questionable.
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1. 1
2. 2 Review of ECA EIA Regulations
Net to wide
Time frames
Evolution of Environmental Law
PAJA and PAIA
Other inadequacies
Also positive elements
NEMA Amendments (2005) and EIA regulations (2006)
Enquiries, matters of interpretation, indicated flaws in specifically listed activities
Impracticalities, thresholds questionable
3. 3 Why the 2007 revision:
Policy making environment
Implementation experiences
Enquiries and implementation workshops revealed technical errors; lack of clarity; inconsistencies; impracticalities
SLA comments on 2006 version
Forward looking - towards an EIM strategy and action plan
What are we not changing:
General approach, i.e two lists, two processes
Provisions for exclusions
Introduction of strategic spatial tools
4. 4 Review of EIM System
committed to in cabinet in April 2006
Consisting of following elements
Revised EIA system to be more relevant to SA
Build and maintain capacity of EIA authorities towards improved efficiency AND effectiveness
EAP registration authority
EIM strategy:
Rationalise EIA
Bigger reliance and focus on strategic and spatial planing
Management through more appropriate tools
Integration of EIM in other regulatory processes
Promotion of self-regulations Context
5. 5 In terms of revised EIA system:
2006 Regulations and 2007 Revisions thereof
Revisions to NEMA 2005, 2007 and potentially again on completion of EIM strategy and action plan
Review of efficiency and effectiveness of EIA over 10 years of implementation (together with IAIA and ELA) - 2007-2008
EIM strategy & Action plan 2008-2009
Revision of EIA Regulations 2009-2010
Context (cont.)
6. 6 NEMA
Regulations
Enabling provisions
Listing Notice 1
Listing Notice 2
Thresholds
Basic assessment & scoping & EIA
Expansion / upgrades
Associated structures and infrastructure
7. 7
8. 8
9. 9 NEMA Amendments (cont) New provisions
Allow for management through Norms and standards.
Expand exclusion provisions to rely on other “environmentally informed” strategic spatial planning instruments
Enabling provisions for some regulations
guidelines, regulation 6 agreements, EMFs
Mechanism for minimizing regulatory overlap / duplication
Exemption
Legal review
Lay foundation for EIM Strategy
10. 10 Amendments to Regulations Holiday period and related timeframes
Assessment of the entire development
Landowner consent changed to notification
EAP & applicant, just EAP
Need and desirability added
Site (mining problem); delete 100 m
appeals
Lodge / submitted
Timeframe for decision-making
Compliance monitoring
link to chapter 7 of NEMA
11. 11 Listing Notice 1 Changes
General changes
Amended and expanded definitions to ease interpretation
Construction versus expansion
Differentiate between inside and outside of urban areas
Alignment with listing notice 2
“Associated structures” removed
Activities where thresholds / text were amended include
Advertising
Infill development
Dangerous goods
Cemeteries
Masts
Roads
12. 12 Listing Notice 1 (cont) Clarified
Indigenous vegetation
Phased activities
Aircraft activities
Added
Outside urban areas
High water mark activities
Erven in existing urban areas
Virgin soil cultivation
13. 13 Listing Notice 1(cont) Mining
Not yet changed
Deleted
subdivision
14. 14 Listing notice 2 General
As for listing notice 1
Filling station moved to listing notice 1
Most expansions moved to listing notice 1
Activities
Roads activity changed to included planning and construction
Mining
Not changed yet
15. 15 Way forward Information seminars and consultation – 14 to 25 May 2007
Comments to DEAT on or before 4 June 2007
Consideration and incorporation of comments – remainder of June
Amendment Bill introduced in Parliament – July 2007
Promulgation August 2007
16. 16 Comments
17. 17
18. 18
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20. 20
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