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Streamlining Environmental Impact Assessment: New Regulations Overview

Learn about the development process and key features of the updated regulations for environmental impact assessments, aimed at reducing delays and improving decision-making.

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Streamlining Environmental Impact Assessment: New Regulations Overview

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  1. Draft Environmental Impact Assessment Regulations in terms of the National Environmental Management Act, as amended Presentation to the Portfolio and Select Committees, 17 May 2005

  2. The Need For New Regulations • The current regulations are only transitional • A “one-size-fits-all” approach is followed • The current processes are too cumbersome • Too many applications are dealt with through exemptions • The current regulations places a high administrative load on officials • The current process does not always ensure that adequate information for decision-making is submitted • The current list of activities is outdated and inflexible • There are concerns that the current regulations cause unnecessary delays for development

  3. The Consultative Development Process • Initial drafting stages involved numerous interactions with provinces • First draft published on 25 June 2004 for initial comment (60 days) - ± 140 institutions / individuals submitted comments • Comments were taken into account, comments and response report drafted and made available • Workshop with provinces • Cabinet approval on 1 December 2004 • 2nd draft published on 14 January 2005 (30 days) - ± 70 institutions / individuals submitted comments • Meeting with key critics • Presentation to NEDLAC on 20 April 2005

  4. Key Features of the New Regulations • A mechanism for quick assessment of most applications (screening) • Reduces the number of interactions required between the applicant and the competent authority • More sensitive and flexible listing of activities • Different entry points for various activities • Provision for stricter application of regulations in sensitive areas • Specified report content to facilitate improved quality of reports and decision-making • Provision for Environmental Management Frameworks • Provision for the recovery of costs

  5. The Key Differences • Provision for screening provides a streamlined process • “Class reports” provides for further streamlining • Linked developments may be authorized together • Draft EMP required as part of EIR • Report contents specified in more detail • Provision for transfers / amendments to authorizations • Provision for timeframes • Clarification regarding independence of EAP • A better specified list of activities

  6. The Way Forward • Final edit • Submission to DG and Minister for approval • State Law Advisor Review • Translation • Publication

  7. Thank You For Your Attention

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