NEMA EIA Regulations:

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NEMA EIA Regulations Environmental Protection
quicker, faster better
April 2006
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Areas of Discussion

• Why a revision of the EIA regulations
• What has been retained, but improved
• What is new

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Why a revision of EIA Regulations?
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Review of the South Africa EIA system
The need for a review

• Lessons learnt through implementation of the 1997
  EIA Regulations and evolution of Environmental
  Legislation since 1997 necessitated a review of
  the EIA System

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Review of the South Africa EIA system
The need for a review

• Inadequacies of 1997 Regulations include.
• Wide interpretation of activities resulting in
  inconsistent application by authorities
• To many small scale / insignificant activities
  made subject to EIA
• Lengthy and inflexible process, with to many
  authority stops / decision points

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Review of the South Africa EIA system
The need for a review

• Inadequacies (cont)
• Inadequate provisions for public consultation
• Not supported by strategic planning tools
• Enforcement measures generally weak
• The Review resulted in the promulgation of new
  Regulations in terms of the NEMA during April
  2006

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What has been retained but improved?
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What is new
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New additions

• Exclusions based on
• Policies and guidelines
• Environmental Management Frameworks
• Compliance and enforcement strengthened
• Regulation 6 allowing for cooperation agreements
  between authorities
• Site Environmental Management Plans structured
• Class applications

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Environmental Management Framework

• Regulations prescribe process for compiling EMF
  and set minimum requirements for content
• Strategic tool where a geographical area is
  assessed
• Status quo study in terms of inter alia
  biophysical environment, built environment and
  planned environment
• Desired state of environment defined
• Road map established to reach and maintain
  desired SOE

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• EMF consist of environmental control zones
  environmental management plan and environmental
  management policy
• Certain pre-determined activities when aligned
  with control zones, EMP and EM Policy are then
  excluded from EIA requirements
• EMF also useful as environmental input into
  SDFs, precinct plans, etc.

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Sector guidelines

• Regulations prescribe process for compiling and
  publication of Sector guidelines
• Sector guidelines are given teeth applicants
  have to take it into consideration
• Sector guidelines can also be used for exclusions

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Class applications

• One application and process for many different
  activities occurring in one geographical area
• OR
• One application and process for the same activity
  type proposed to take place in different locations

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Basic Assessment Process

• Activities contained in Listing Notice 1 are
  subject to a basic assessment process
• Smaller scale activities
• Predicted impacts are generally known and can be
  easily managed
• Will be further limited through exclusions
• Simplified and short process rapid assessment
  and decision-making

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Scoping and EIA (Thorough Assessment Process)

• Activities contained in Listing Notice 2 are
  subject to a thorough assessment process
• Activities that due to nature and/or extent is
  likely to have significant impacts
• Associated with high levels of pollution / waste
  / environmental degradation
• Impacts cannot easily be predicted
• Higher risk activities
• Thorough and longer process with more authority
  stops / steps than Basic Assessment
• Although lengthier than Basic Assessment, simpler
  than 1997 EIA process with more flexibility to
  combine steps

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The Appeal Process

• The Appeal process has been streamlined.
• Consistent national process set out in
  regulations

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Implementation of the NEMA EIA Regulations
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• NEMA EIA Regulations will come into effect for
  all activities except for those related to mining
  permits, licenses and permission will come into
  effect on 1 July 2006
• Mining related activities will come into effect
  on 1 April 2007 due to
• Required law reform
• Development of cooperation structures and systems
• System reform
• Transitional arrangements provided for EIA
  processes currently underway in terms of 1997 EIA
  Regulations

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In conclusion
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• Simpler
• Reduced number of cases will be subject to EIA
• Processes simplified and streamlined
• Legislative clarity
• Faster
• Time frames prescribed
• Less administrative processes
• Decisions based on policies and strategic tools
• Capacitating of authorities
• Better
• Class applications
• Forms and guidelines to structure information
  requirements
• Reduced need for EIA