Level Three : ENVIRONMENTAL MANAGEMENT

ENVIRONMENTAL IMPACT ASSESSMENT

Dr V Zungu

Sustainable Development and IEA

• Sustainable Development: requires the consideration of theTriple Helix (i.e. social, economic and ecological processes);

• Balancing act: optimization of the trade-offs between andacross these three systems;

• EIA : therefore IEA is one of several tools available forimproving the way in which decisions are made in order topromote sustainable development outcomes;

• Clean Development: Thus EIA is applied (as a tool) to promoteor enhance positive effects of development and minimizenegative effects of development;

What is Environmental Impact Assessment?

• EIA: the process of identifying, predicting, evaluatingand mitigating the biophysical, social,economic and other relevant effects of development

proposals prior to major decisions being taken andcommitments made;

• Reactive: unlike SEA (Strategic Environmental Assessment),EIA is an assessment tool that seeks to considerenvironmental issues after the development;

• Pro-Active: SEA usual deals with programmes and plans (notprojects) to harmonise development with the receivingenvironment;

EIA and SEI

PoliciesSometimes covered by

legislation

Plans & Programmes

covered by SEA Directive (2001/42/EC) Impacts

Projects – EIA

DEV

ELO

PM

ENT

ENV

IRO

NM

ENT

InformsInforms

Impacts

International Context: The EIA process

Elaboration of a project

Request for development consent

Information on env.impact (EIS)

Consultations

Decision

Approval of Project

Beginning

End of process

Information on decision

International Context:The SEA process

Elaboration of P/P

Draft P/P

Environmental report

Consultations (environmental report & P/P)

Decision

Approval of P/P

Beginning

End of process

Information on decision

Objectives of an EIA

• To ensure that environmental considerations are explicitlyaddressed and incorporated into decision-making processes;

• To anticipate and avoid, minimise or offset the significantadverse biophysical, social, economic and other relevanteffects of development proposals;

• To protect the productivity and capacity of the natural systems and ecological processes that maintain their functions; and

• To promote development that is sustainable and optimise resource use and management opportunities.

Who is involved in EIA?

STATE CONSULTANT

PUBLIC

EIA

LEGISLATION

South African EIA Regime

• Sustainability: EIA is one of the key tools for enabling sustainable development in South Africa;

• Decision Making: Predict environmental consequences of proposed activities for decision-making, to ensure that resources are soundly managed;

• Historical context: For many years, considered part ofIntegrated Environmental Management, but not legislated;

• Legislation: Legislated in 1997 in terms of Environment Conservation Act, 1989;

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South African EIA Regime

• Sections 21, 22 & 26 of ECA enable EIA regulations

• EIA regulations (GN R 1182, 1183 & 1184) promulgated in September 1997;

• Various amendments made to EIA regulations, most recent in May 2002;

• NEMA promulgated in 1998 and to replace ECA;

• Development of new EIA regulations commenced in 2000

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Why New Regulations?

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• Vague: Wide interpretation of activities could result ininconsistent application by authorities;

• Duplication: Too many small scale / insignificant activitiesmade subject to EIA;

• Tedious: Lengthy and inflexible process, with too many“authority stops” / “decision points”;

• Poor Consultation: Inadequate requirements for public participation

• Incoherent: Not supported by strategic planning tools;

• Lack of Compliance: Enforcement measures generally weak

Why New Regulations?

• Poor information: The process did not always ensurethat the necessary information for decision-making issubmitted;

• Streamline: The list of activities requires amendment;

• Backlog: There were concerns that the regulations causeunnecessary delays for development;

• Amendment: Enacted under the National Environmental Management Act (107 of 1998), effective from 1 July 2006. EIA Applications submitted prior to 1July 2006

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New EIA regulation

• Two categories of activities:– Basic Assessment (Notice 1) and– Environmental Assessment (Notice 2)

• Public participation can commence before applying (Basic Assessment);

• Specified requirements for amendment of authorisations;

• Terms of reference for EIA included in Scoping Report, nolonger separate plan of study;

• Clarification of independence of Environmental Assessment Practitioner (EAP)

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Normal EIA procedure

Screening

Basic Assessment or Scoping/ EIA Process

Environmental information

Consultation on

environmental information

Decision

Define projects Notice 1 or 2

Upon request ofthe developer

The “Report”-EIS

Public, Env.Authorities...

Takes account ofenv.info and consultations

SA EIA Process

Possible application for exemption

Scoping

Applicant mustappoint an EAP

determine which application must

follow

development

Environmental Impact Assessment

Competent Authority requests Amendments / additional Information

Competent Authority

refuse/grant

EAP mustListed activity

proposed by the applicant

Authorization may be appealed, amended or withdrawn or

suspended

Basic AssessmentCompetent Authority

refuse/grant

Competent Authority requests Amendments / additional Information

First Stage of EIA : Project Screening

• Development: Many projects are considered by the public and private agencies every year;

• Impacts: Development projects have biophysical as well as social and economic impacts which must be determined earlier during the project proposal;

• Information about the effects: Sufficient understanding of these factors are necessary for the initial screening decision;

• Screening: It is therefore, important to establish mechanismsby identifying projects which requires EIA, and this process ofselection of project is referred to as "Screening".

First Stage of EIA : Project Screening

First Stage of EIA : Project Screening

• Screening process divides the project proposals within thefollowing three categories:

•project clearly requiring an EIA•project not requiring an EIA•project for which the need of application of an EIA is not clear

Threshold criteria Impact criteria

Size

Location

Output

Cost/financ

e

Environmental

effects etc.

Significant but easily identifiable

impacts Significant impacts

Sensitive area

Undeveloped

land

Creek

Marsh

Fig. 22-18a, p. 605

Typical housing

development

Fig. 22-18b, p. 605

Cluster

Cluster housing

development

ClusterPond

Creek

Fig. 22-18c, p. 605

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Screening Techniques

Assessor or decision-maker discretion

Project lists with thresholds and triggers

Exclusion project lists

Preliminary or initial EIAs

Combination of these techniques

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Examples of Project Alternatives

No-build alternative

Demand alternatives (e.g., using existing energy capacity more efficiency rather

than building more capacity)

Activity alternatives (e.g., providing public transport rather than increasing road

capacity)

Location alternatives

Screening: Assignment 1

• The first step of the EIA process is the Screening process. This stage of EIA is crucial in establishing whether or not there is a need for any form of assessment to be undertaken for a specific development proposal.

Question:

• Use the following proposed development to determine whether or not an EIA will be required. As an EIA specialist, state, in detail why the EIA is required or not based on your judgment. The screening process must also take into consideration the associated infrastructure and receiving environment.

THE REAL STORY ABOUT DEVELOPMENT

Not all development is clean from an ecological, economic and social

perspective;

Thus development must be subject to some form of control mechanism to

ensure it is sustainable.;

Legislative and Policy (National and Provincial levels) frameworks used to

screen development (Assessment):

To decides whether a particular type of development is permissible.

Additional legislations that triggers EIAs

• The Minerals and Petroleum Resources Development Act (RSA-2002a):

- The Act prescribes in section 39 the conduction of an EIA for mining

activities. NEMA principles is supposed to guide the EIA process

prescribed under this act (i.e., MPRDA).

• National Water Act

• National Environmental Management Biodiversity Act (2004b) and

• National Environmental Management: Air Quality Act (2004c).

• In terms of NEMA (Section 24 G). Authorities may require an environmental

assessment for activities that have already been implemented without doing

EIA. In this case an environmental risk assessment, which is very similar to

the normal EIA, must be undertaken.

Environmental authorisations for mining

• According to the amended NEMA rules, no company may beginmining unless the mining minister has granted it an environmentalauthorization;

• Every environmental authorisation must, ‘as a minimum, ensurethat adequate provision is made for the ongoing management andmonitoring of the impacts of the [relevant] activity on theenvironment through the life cycle of the activity’.3;

• Before considering an application for an environmentalauthorisation, the mining minister will generally require thesubmission of an ‘environmental management programme’ (EMP);

• An EMP must provide information on the ‘proposed management,mitigation, protection, or remedial measures’ that will be used toaddress environmental impacts at all stages of the miningoperation, from planning and design to closure.

• It must also set out the measures that will be taken to ‘rehabilitate the

environment...to its natural...state’ or ‘to a land use which conforms to

generally accepted principles of sustainable development’.

New EIA regulation

• Two categories of activities:– Basic Assessment (Notice 1) and– Environmental Assessment (Notice 2)

• Public participation can commence before applying (Basic Assessment);

• Specified requirements for amendment of authorisations;

• Terms of reference for EIA included in Scoping Report, nolonger separate plan of study;

• Clarification of independence of Environmental Assessment Practitioner (EAP)

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The current EIA regime in SA

• Some activities may be subject to exclusions based on

Environmental Management Frameworks (EMF);

• Compliance and enforcement strengthened;

• Cooperation agreements between authorities;

• Draft Environmental Management Plans to be included in EIAs;

• Report contents specified in detail;

• Avoidance of delay through a combination of applications;

• Provision for amendment & withdrawal of authorizations31

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Environmental AssessmentPractitioner(EAP)

• Compulsory for applicant to appoint EAP;

• Independence & relevant expertise required;

• Must disclose all relevant information that couldinfluence decision or objectivity of a document or report;

• Disqualification:– If authority believes that EAP is not independent

– EAP informed and has opportunity to make representations toauthority

– Authority can refuse to accept report or require independent review

EIA Governance in SA

National Provincial

Not competent but can determine

decision through By-laws and EMF

or SEA

Local

EIA Governance

Competent authority

EAP Role in the EIA

• EAP to determine relevant process – screening etc.;

• Basic Assessment (Notice 1 Act) or

• Scoping & EIA (Notice 2 Act);

• Process chosen based on:

– Listing notices 1 & 2;

– If application is for 2 or more activities and at least

one of these requires Scoping and EIA, then

application must be subjected to Scoping & EIA

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Nature of Activity (No 1)

• 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 in terms of the

EMF

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Response (R. 25)

Public participation (R. 22)

Basic assessment report (R. 23)

Submit application (R. 24)

• Application form

• Assessment report

• Etc.

14 days

Acknowledge receipt (R. 14)

Check application (R. 14)

30 days

• Submit additional information

• Specialist studies

• Alternatives

• Rejection

• Scoping & EIA

Scoping & EIA

Grant / refuse authorisation (R. 26)

10 days

Notify I&APs of decision (R. 10)

Notify applicant of decision (R. 10)

Competent authorities must strive to meet timeframes (R. 9)

Basic Assessment Process

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Unravelling the EIA Process

Screening

www.environmentalassessement.yolasite.com

The Act of Doing EIA!

LEGISLATION SCIENCE

ENVIRONMENTAL DECISION MAKING

ETHICS

ENVIRONMENTAL ASSESSMENT

ENVIRONMENTAL ASSESSMENT

STRATEGIC ENVIRONMENTAL

ASSESSMENT

ENVIRONMENTAL IMPACT ASSESSMENT

EIA and SEI

PoliciesSometimes covered by

legislation

Plans & Programmes

covered by SEA Directive (2001/42/EC) I

Projects – EIA

DEV

ELO

PM

ENT

ENV

IRO

NM

ENT

InformsInforms

ImpactsProposal

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Identification of Potential Significant Issues

1. Identify significance environmental/ecosystem components(SECs)– Professional judgment/past experience– Legislative requirements– Stakeholder and community values

2. Identify the potential for impacts to each SEC

3. Identify potential for cumulative impacts (i.e., to the site as a whole andto the region)

SCREENING TAST: TUTORIAL ONE

Scenario

A company that supplies commercial explosives wants to erect an

aboveground tank for the storage of about 150m3 of ammonium nitrate

granules on a site on an opencast mine. The site is an open veld, does

not contain any endangered species and will disappear in the open

mine excavation after about two years. Ammonium nitrate is normally

not regarded as an explosive. It is frequently used as an agricultural

fertiliser. On the mine, it is mixed with High Energy Fuel (HEF)

immediately before use and the mixture can then be used as an

explosive.

QUESTIONS

• State whether or not the above proposed development triggers any form of

assessment.

• Identify key environmental issues that have to be considered in the above

stated assessment for the propose development.

• Is the substance proposed to be stored a dangerous one or hazardous

substances. Please provide details by drawing directly from the relevant EIA

regulations.

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Natural physical resources (e.g., surface and groundwater, air,climate, soil)

Natural biological resources (e.g., forests, wetlands, river andlake ecology)

Economic development resources (e.g., agriculture, industry,infrastructure, tourism)

Quality of life (e.g., public health, socio-economic, cultural,aesthetics)

National commitments (e.g., endangered species protection)

COMMONLY CONSIDERED SECS

Nature of Activity (No 2)

• Activities contained in Listing Notice 2 are subject toa comprehensive assessment process;

• Activities that due to nature and/or extent are likely to have significant impacts;

• Associated with high levels of pollution / waste /environmental degradation;

• Impacts cannot easily be predicted;

• Higher risk activities

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Submit application (R. 27)

• Application form

• Landowner ’s consent

Check application (R. 14)

14 days

Acknowledge receipt (R. 14)

30 days

Competent authorities must strive

to meet timeframes (R. 9)

Response (R. 31)

• Request amendments

• Reject because:

• insufficient information

• failure to consider guidelines

EIA (R.32)

• Prepare EIA report & draft EMP

60 days

Response (R. 35)

• Reject

• Amend

• Specialist review

• Accept

Decision (R. 36)

10 days

Notify applicant of decision (R. 10)

Notify I&APs of decision (R. 10)

• Accept

45 days 45 days

Scoping / EIA Process

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Scoping (R. 28-29)

•Public participation (incl. organs

of state)

• Scoping Report

• Public comment on SR (R. 58)

Submit Scoping Report (R. 30)

The structure of the EIA Report

EIA Report includes:• Activity description

• Site/area assessment

• Public participation

• Description of issues

• Description and assessment of alternatives (if any)

• Specialist studies (only if necessary)

• Specialized processes (only if necessary)

• Assessment of impacts

• Assessment of issues

• Environmental impact statement

• Draft environmental management plan

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Development subject to Exemption(51- 55)

• Different from exemptions i.t.o. ECA (i.e. the old EIA regime);

• Exemption takes place when the activity is listed butthere is no identifiable environmental impacts;

• Considers both the receiving and environmentand concerns from the public;

• Exemption can be considered from any provision ofregulations;

• Exemption from public participation only possible if rights or interests of other parties are not adverselyaffected

Exemption Process

14 days

Submit application (R 52)

Acknowledgement of receipt (R. 52(2))

Consideration (R. 53)• May request additional information

• Advise application of any factors

prejudicing the application

No adverse effects

on rights or interests

of other parties

Adverse effects on

rights or interests of

other parties

10 days 10 days

Notify applicant of decision (R. 54)• Written exemption notice

Notify I&APs (R. 54(10(d)))

Appeal

• Public participation (R 56)

• Register of I&APs

• Submit comments

Competent authorities must

strive to meet timeframes

(R. 9)

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WHAT IS SCOPING?

• Scoping: is the identification of a number of priority issues from a broad

range of potential problems to be addressed by an EIA (Wathern, 1995).

• It is the first critical step in the preparation of an EIA which does two things:

- eliminates those issues that are of little or no concern;

- Focus on those issues that have significant effects;

• The scoping often involves interaction between all stakeholders (public,

government departments, industry, and the proponent) to identify the key

issues for investigation.

• Which means the public participation or stakelolde engagement formed the

crucial part of the scoping aspect of an EIA process.

SCOPINGING PROCESS

Project

Screening

No EIA required

Scoping

EIA Report

Draft EMP

Decision

Review

Impact assessment

Not Approved

EIA required

Stakeholder involvement

BID: Assignment Two• The initial step to undertake after screening is the preparation of the BID

(Background Information Document). This document is prepared in orderto be circulated into all Interested & Affected Stakeholders for their initialreview into the issues arising from the development proposal.

• As the Proponent in EIA process, prepare the BID for the proposedresidential estate located in the corner of Cormorant and Big Bay drive,Blouberg, West Coast. Your BID must show the location map of theproposed development, description of the study area and the frameworksor legislation to be considered during the EIA process.

• Please note that it has already been established that the development ofthis nature will require and EIA/Scoping process. Please attached the

budget showing the activities of this process as well as the cost thereof.

• Submission Date: 15 August 2016

ASSESSMENT CRITERIA: BID

Introduction: State the aim and objective of this document:Marks: Originality and coherence coupled with clarity will be observed to earn these marks.

Description of the Project: Also state why the project triggers EIA:Description of the project and use of relevant legislative framework (s) or information to justify whythere is a need for EIA/scoping. This section is crucial, hence you will earn more marks than any othersections.

Description of the site: including its location with a map(s):A brief description of the site, both environmental and socio-economic status. Map of the site andlocational map needed here.

Legislative and Policy Framework:List all relevant legislative and policy framework (s) that will be used to assess the project proposal.Each with a brief description on how they relate to the project. There is no number stipulated here i.e.,you can list as much as you can remember, provided each will be relevant to the project in question.

Land use:Show the land use of the site with a map if possible.

Identification of Issues:Identify and describe a list of issues to be considered during the EIA process for this proposal. Issuesmust be relevant and specific to the site.

Interested and Affected Stakeholders:list all relevant stakeholders that should be consulted to participate in order to provide their concernsregarding the effect of the proposed development. That why each of these stakeholders should beconsidered. After this you then live a space for their comments and contact details which will be usedto invite them for a meeting or any workshop in which they should participate.

Budget:Mark: 20 – this will be assessed based on how do your translate the EIA process into set of activitieswhich will cost money for materials and labour (per hourly rate). You now know the EIA process andhow does it take to undertake it.