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