PRESENTATION TO THE CHEMICAL CLUSTER: ENVIRONMENTAL IMPACT ASSESSMENTS Presented by: Malcolm Moses

1. PRESENTATION TO THE CHEMICAL CLUSTER: ENVIRONMENTAL IMPACT ASSESSMENTSPresented by: Malcolm Moses

3. Requirements for environmental authorization after 03 July 2006 Section 24(2) provides for the listing of activities that require authorization GNR 386 (21 April 2006) lists activities requiring a Basic Assessment GNR 387 (21 April 2006) lists activities that require an EIA Section 24(4) provides for procedures for EIAs GNR 385 (21 April 2006) provides regulations for application procedure for environmental authorizations

4. Types of Assessment

5. Basic Assessment Process

6. NEMA EIA application procedure: Basic Assessment

7. Scoping and EIA Process

8. NEMA EIA application procedure: Scoping/ EIA

9. Amendments Whether authorization granted in terms of old (ECA) or new (NEMA) regulations, it has to be amended in terms of the new regulations. Any changes to an authorisation will follow the amendment process. An application can be amended by applicant or can be initiated by the Department. Process: Complete Amendment application form. Once accepted, the amendment is sent to Ms. Sarah Allan for consideration.

10. EIA Regs: exemptions Any person to whom a provision applies may apply for an exemption from such a provision Details on application requirements and the consideration of such applications are provided The competent authority must within 10 days after reaching a decision on such an application: Exemptions may be reviewed by the competent authority On good grounds exemptions may be amended or withdrawn

11. Assessment of Applications Department has no discretionary powers. BAR to meet requirements of Regulation 23 of GNR 385. Scoping Report to meet requirements of Regulation 29 of GNR 385. Environmental Impact Report to meet requirements of Regulation 32 of GNR 385. On review the Department can either: Accept Request more information Reject if report lacks material content or inadequate public participation

12. Common problems Substandard work. Incorrect process followed (BA/EIA)�..Exemptions! Unsuitable EAP. Inexperienced EAP. Inadequate Public Participation Process. Inadequate response to issues raised by I&APs. Generic information/Cut and Paste.

13. EIA Regs: environmental authorizations Regulation 38: Details of the applicant Description of the activity Description of the property Reasons for Decision Conditions of authorization Period of validity (if applicable) Requirements for management, monitoring and reporting of environmental impacts Transfer rights and obligations for future owners

14. Appeals Appeals are lodged with the Minister or MEC in terms of section 43 of NEMA Appellant must lodge notice of intention to appeal within 10 days after notification of decision Appeal must be submitted to Minister/ MEC within 30 days of lodging notice of intention Minister/ MEC may extent the period in which appeal must be submitted Responding statements on appeals (comments) must be submitted to Minister/ MEC within 30 days Appeals/ responding statements must be acknowledged by Minister/ MEC with 10 days The Minister/ MEC may appoint an Appeals Panel to assist in the review of appeals Reasons for a final decision on an appeal must on written request be given by Minister/ MEC

15. EIA Regs: other key provisions Reg. 5: Assistance by competent authorities to applicants Reg. 7: Competent authorities� right of access to information Reg. 15: Combination of applications Reg. 16: Activities on land owned by person other than applicant Reg. 17 Appointment of EAPs to manage applications Reg. 18: General requirements for EAPs �including independence. Reg. 19: Disqualification of EAPs Reg. 77: Failure to comply with a requirement of the EIA Regulations Offences Reg. 81: If incorrect or misleading information is provided in documentation, information is withheld, or a person fails to comply with the requirements of Reg. 81, the person is liable on conviction of an offence to a fine or imprisonment for a period not exceeding 2 years.

16. S24G Process and requirements related to an application to rectify the unlawful commencement of activities identified in the Environment Conservation Act (ECA) environmental impact assessment regulations of 1997, as amended & the National Environmental Management Act (NEMA) environmental impact assessment regulations of 2006, as amended. Admin Fine ? Not exceeding R1 million Criminal: fine of up to R5 million or 10 years imprisonment or both such fine and such imprisonment for each offence contemplated in Section 24F(2)(a).

17. Old vs New Regulations Old (Environment Conservation Act � Prior to NEMA) ECA: s21, 22, 26 and Regulations (GNR 1183) for activities identified in terms of section 21(1) Approx. 25 listed activities (GNR1182) Scoping process followed, if required, by EIA process Exemption from regulations possible National Minister can identify activities

18. NEMA Amendments Amendments published for final comment on 13 February 2009. Deadline for comments - 16th of March 2009. Due to a correction notice the deadline for all comments was extended to 16 April 2009. A number of problems and uncertainties were identified and experienced since the introduction of the 2006 NEMA EIA Regulations.

19. These include but are not limited to the following: The inclusion of a third list. Changing of thresholds. E.g. Sewage Treatment works Inclusion of thresholds where absent previously. Clarification of what exactly is included and what is excluded. Exclusion of rehabilitation and maintenance for certain listed activities. Waste related activities excluded. To be addressed in the NEMA Waste Act.

20. The inclusion of new mining activities. Inclusion of other new activities (such as afforestation, cultivation of land). Clearly distinguishing between construction and expansion activities. A number of activities previously listed, with little or no significant environmental impact, are no longer covered. Certain activities within urban and / or industrial areas are now excluded.

21. Implications Timeframes: CA obligated to timeframe. Failure to meet timeframes?60 additional days. Failure to meet deadline within 60 days=automatic acceptance/authorisation. Once authorisation is signed, CA to notify applicant within 2 days of signature of authorisation.

22. Other�.. Landowner consent ? Landowner notification Environmental Management Plan ?Environmental Management Programme CA to provide Reports/documentation to state departments?40 day comment period. Amendments and Exemptions � 30 day period to review, draft and sign decision. More discretionary power to the CA.

23. Durban District Office Assistant Manager: Impact Assessment - Mr. Malcolm Moses Tel: (031) 302 2872 Fax: (031) 302 2888 Cell: 082 461 8303 E-mail: malcolm.moses@kzndae.gov.za

24. Durban District Office�.continued District Manager: Ms. Vanessa Maclou Acting Assistant Manager: CME. � Ms. Nasreen Mansoor Assistant Manager: Advisory Services - Ms. Nomalanga Hlope Assistant Manager: Pollution & Waste - Mr. Sifiso Miya Assistant Manager: Enviro Planning - Ms. Asia Khan Phone: 031 � 302 2800 Fax : 031 � 302 2888

25. Thank you!