Efficacy of EIA Requirements: Challenges and Opportunities

1. Public hearings of the Portfolio Committee on Water and Environmental Affairs on Environmental Impact Assessments (EIA) Ms. Grace Mkhosana Environmental Impact Management Dr. Nacelle Collins Biodiversity Research

2. Introduction • Environmental Impact Assessment (EIA) is now a global tool for ensuring that environmental concerns are integrated into the development project or programme planning process • Has become recognised in Africa since 1995 after it was adopted at the African Ministerial Conference on the Environment (AMCEN) • The effectiveness of EIA has been mixed and, in some cases, has fallen below expectations

3. Introduction • There are many reasons for this, including amongst others: • Management of the process (Competent Authority, consultants, proponent, etc.) • The quality of the Environmental Impact Assessments (EIA) • Follow-up mechanisms • Capacity-building and communication of EIA results

4. Statement 1 The efficacy of EIA requirements as experienced by practitioners, regulators and policymakers, in policy, law and environmental governance structures • Management of the process (CA, consultants, proponent, etc.) • The current EIA requirements are mostly considered to be valuable and effective in that they provide a framework for implementation. • Collective vs. individual assessment/decision making (CA) • Higher education (training of officials, engineers, proponents, etc.) • No certification for Environmental Assessment Practitioners (EAPs)

5. Statement 1 (continued) The efficacy of EIA requirements as experienced by practitioners, regulators and policymakers, in policy, law and environmental governance structures • Management of the process (CA, consultants, proponent, etc.) • Not sufficiently integrated with the legislative requirements of other relevant Government Departments • The regulations as they are do not always adequately account for all circumstances, especially those related to already transformed areas (EIA required where an Environmental Management Plan may suffice) • Section 24G (‘sin now and repent later’, especially with larger project). Use the calculator up to a point, then percentage of project value

6. Statement 1 (continued) The efficacy of EIA requirements as experienced by practitioners, regulators and policymakers, in policy, law and environmental governance structures • Management of the process (CA, consultants, proponent, etc.) • Municipal compliance bulk services does not always support sustainable development (e.g. poor performing waste water treatment plants do not support housing development)

7. Statement 1 (continued) The efficacy of EIA requirements as experienced by practitioners, regulators and policymakers, in policy, law and environmental governance structures • The quality of the EIA • Their potential value and effectiveness are, however, often undermined by poor and substandard reports from Environmental Assessment Practitioners (EAPs) and specialists • No certification for EAPs • Poor quality of specialist reports (registration with the South African Council for Natural Scientific Professions; SACNASP)

8. Statement 1 (continued) The efficacy of EIA requirements as experienced by practitioners, regulators and policymakers, in policy, law and environmental governance structures • Follow-up mechanisms • Environmental Authorization (EA) conditions (limited follow-up on whether EA conditions are adhered to during implementation due to resource constraints; FS DETEA has employed a number of officials to deal with brown issues)

9. Statement 2 The effectiveness of EIA as a planning and regulatory tool in relation to EIA review and Environmental Management Plan (EMP) implementation • Not always effective; often used as the only tool for regulation and planning (Integrated Environmental Management, IEM) • Other tools to use: • Strategic Environmental Assessments (SEAs) • Spatial Development Frameworks (SDFs) • Integrated Development Plans (IDPs)

10. Statement 2 (continued) The effectiveness of EIA as a planning and regulatory tool in relation to EIA review and Environmental Management Plan (EMP) implementation • EMP ought to be an effective planning and regulatory tool (link between the theory of the EIA and the practical of implementation) • However: • Conflict of interest of Environmental Control Officers (ECOs) • Competency of ECOs • Limited involvement of the Competent Authority (specifically the enforcement)

11. Statement 2 (continued) The effectiveness of EIA as a planning and regulatory tool in relation to EIA review and Environmental Management Plan (EMP) implementation • Effectiveness is often undermined because of lack of conviction by the proponent (seen as a must rather than an opportunity to achieve sustainable development) • E.g. Ladybrand road development across wetland received international award after FS DETEA intervention

12. Conclusion • EIA process is a valuable tool, along with EMP. • Most of its failures have been related to its implementation, not the process per sé • South African conference on the topic “Ten Years of EIA in South Africa”, - recognized the inadequacies of many EIAs, but still concluded that EIAs are marginally effective and still a worthy investment • At the Conference it was agreed that an Environmental Impact Assessment and Management Strategy (EIAMS) should be formulated for SA – Support this initiative