MONDAY,
03 JULY 2006: “It’s all systems go for South Africa’s
revised Environmental Impact Assessment (EIA)
regulations with Monday, 03 July 2006 signalling
the start of the official implementation process,”
said JP Louw, spokesperson for the Department
of Environmental Affairs and Tourism. “Having
gone through a rigorous legal process with stakeholders
and other parties making their valuable input
in the process, we are happy that the new regulations
are now law in this country” he added.
The new regulations which have
been revised to be quicker, simpler and better
are the result of a substantial consultative process
and were published by Environmental Affairs and
Tourism Minister Marthinus van Schalkwyk on 21
April 2006. In a notice earlier published by the
Minister, the Environment Conservation Act (ECA)
EIA Regulations of 1997 were repealed in entirety,
thus paving the way for the improved National
Environment Management Act (NEMA) EIA Regulations.
(With the exception of activities related to mining
permits, licenses and permissions), which come
into effect on 03 July 2006.
Explaining the process, Mr Louw
said that “EIA is a pro-active and systematic
process where potential environmental impacts
both positive and negative associated with certain
activities are assessed”. He added that the process
also advises decision makers on the desirability
of such activities and on the conditions which
authorization of the activity should be subject
to, where relevant.
“In the nine years of regulated
use of the EIA process , it has proved to be a
valuable tool - assisting authorities in making
informed decisions about development activities”
said Mr Louw. He also noted that there were several
challenges that existed around inconsistent application
of the laws, lack of proper guidance around the
public participation process, delays in completing
EIA processes and the content, quality and independence
of EIA reports.
“The review of the EIA system
has resulted in a more efficient and effective
process whilst still ensuring environmental protection
and sustainable development practices” he said.
The list of activities requiring an EIA has been
thoroughly reworked into 9 thematic areas like
property development, energy generation, and industrial
activities.
These have been further divided
into two schedules based on the nature and associated
risk of the activity - those in schedule one,
such as transformation of land to develop residential
areas larger than 3 hectares, will now be subject
to only a Basic Assessment process, whilst those
in schedule two, like power stations, will require
a thorough assessment process (scoping and EIA).
It is estimated that these lists, and the introduction
of development thresholds, will see the number
of EIA applications reduced by up to 20%.
At the launch of these regulations
earlier in April, the Minister said that one of
the most important features of the new regulations
was the introduction of compulsory timeframes
to which authorities must adhere. Although to
date 50% of EIA applications have been finalised
within half a year, almost 6.5% have taken more
than two years - with some taking more than 3
years to finalise.
“Under the new regulations,
authorities will be obliged to deliver within
14 days for purely administrative actions, within
45 days for review and decision making on minor
reports, and between 60-105 days for review and
decision making on complex reports” said Mr Louw.
“Therefore as of 03 July, before
commencing with an activity identified in the
2006 Regulations and schedules, an applicant must
comply with the requirements in terms of processes
and content as stipulated in the new regulations”
he added.
The new regulations will only
apply to new matters. Applications submitted in
terms of the previous regulations will be concluded
following the process and requirements stipulated
in the old regulations.
For more information including
the new regulations and application forms visit
http://www.environment.gov.za/Documents/Documents/2005Mar17/eia_luanch_13042006.html
Mava Scott
