Assessment of EIA regime
Departure pointDeparture point
• EIA recognised as EIA recognised as – an impediment to investmentan impediment to investment– not always the most appropriate instrumentnot always the most appropriate instrument
• NEMA amendment in 2010 to allow NEMA amendment in 2010 to allow for alternative instrumentsfor alternative instruments
DEA strategic planDEA strategic plan
• 2009/10: 60%2009/10: 60%
• 2010/11: 60%2010/11: 60%
• 2011/12: 67%2011/12: 67%
• Estimated for 2012/13: 88%Estimated for 2012/13: 88%
• Target for 2013/14: 89%Target for 2013/14: 89%
• Note: Performance targets set for non complianceNote: Performance targets set for non compliance
ConsequencesConsequences• Timeframes not metTimeframes not met• Targets offer no comfort when Targets offer no comfort when
authorisation is delayedauthorisation is delayed• Delays result in significant costsDelays result in significant costs• Competitiveness reducedCompetitiveness reduced• Further delays caused by additional Further delays caused by additional
conditions conditions • Emergency action not feasibleEmergency action not feasible
Alternative instrumentsAlternative instruments Environmental management frameworksEnvironmental management frameworks
Strategic environmental assessmentsStrategic environmental assessments
Environmental management programmesEnvironmental management programmes
Environmental risk assessmentsEnvironmental risk assessments
Environmental feasibility assessmentsEnvironmental feasibility assessments
Spatial development toolsSpatial development tools
Norms and standardsNorms and standards
ChallengesChallenges• Long delays in decision makingLong delays in decision making• Repeated requests for additional information Repeated requests for additional information
not used in decisionnot used in decision• Imposition of unreasonable conditionsImposition of unreasonable conditions
– Not applicable to activityNot applicable to activity– Impossible to achieveImpossible to achieve– Covered by other legislationCovered by other legislation
• EIA authorisation and license conditions not EIA authorisation and license conditions not alignedaligned
• Licensing processes require additional studiesLicensing processes require additional studies
Proposals for improvementProposals for improvement
• Reduce authorisation delaysReduce authorisation delays• Use of alternative instrumentsUse of alternative instruments• Conditions of authorisationsConditions of authorisations• Alignment of environmental Alignment of environmental
management plan and conditionsmanagement plan and conditions
Use of alternative Use of alternative instrumentsinstruments
• Establish a work plan to investigate the use of Establish a work plan to investigate the use of alternative instruments alternative instruments
• Prioritise norms and standards for repeatable Prioritise norms and standards for repeatable activitiesactivities
• Environmental management frameworksEnvironmental management frameworks• Spatial development toolsSpatial development tools• Incorporate EMP into conditionsIncorporate EMP into conditions
Norms and standardsNorms and standards• Distinguish between industrial areas and other Distinguish between industrial areas and other
land usesland uses• For repeatable activities:For repeatable activities:
- Allow norms and standards as the default Allow norms and standards as the default requirement in an industrial arearequirement in an industrial area
- Encourage the development and use of national Encourage the development and use of national standards standards
- Identify the activities that could be dealt with by Identify the activities that could be dealt with by requiring compliance with existing standardsrequiring compliance with existing standards
- Gazette requirement and remove activities from Gazette requirement and remove activities from listlist
Environmental management Environmental management frameworksframeworks
• Current project on Environmental Impact Current project on Environmental Impact Assessment Management System Assessment Management System recommends boundaries of EMFs to be recommends boundaries of EMFs to be aligned with spatial development frameworks.aligned with spatial development frameworks.
• No reason not to initiate immediatelyNo reason not to initiate immediately• Consider which EMFs can be used Consider which EMFs can be used
immediatelyimmediately
Spatial development toolsSpatial development tools• Spatial Development and Land Use Spatial Development and Land Use
Management Bill to be used as basis of Management Bill to be used as basis of provincial regulations being required to provincial regulations being required to recognise EMFsrecognise EMFs
• If a development is aligned with the EMF If a development is aligned with the EMF exemption from an EIA should be allowedexemption from an EIA should be allowed
Authorisation conditionsAuthorisation conditions• Current approach should be reviewed and Current approach should be reviewed and
comprehensive guidance provided to comprehensive guidance provided to provincial authoritiesprovincial authorities
• Issues to be addressed immediately:Issues to be addressed immediately:– Reference to legislation of departments other Reference to legislation of departments other
than DEA and DWA to be avoidedthan DEA and DWA to be avoided– Mitigation measures should be included in EMP Mitigation measures should be included in EMP
onlyonly
Authorisation conditions (2)Authorisation conditions (2)• Mitigation for specific environmental impacts Mitigation for specific environmental impacts
and included in the EMP should be and included in the EMP should be incorporated into licenses to ensure incorporated into licenses to ensure integrationintegration
• Where requirements are already contained in Where requirements are already contained in a national standard, the standard should be a national standard, the standard should be referencedreferenced
Alignment of processesAlignment of processes• EIA precedes licensing processEIA precedes licensing process• Ensure that consolidated requirements Ensure that consolidated requirements
are presented to applicant are presented to applicant • Outcomes of specialist studies to be Outcomes of specialist studies to be
incorporated in EMPincorporated in EMP• EMP to form basis of license conditions EMP to form basis of license conditions
ConclusionsConclusions• No reason to allow the unsatisfactory No reason to allow the unsatisfactory
status quo to remain in placestatus quo to remain in place• Possible to initiate immediate steps to Possible to initiate immediate steps to
improve the situationimprove the situation• Establish structures to work together to Establish structures to work together to
develop and implement an action plandevelop and implement an action plan
Thank youThank you
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