EIA regulations simplified
2006-07-06
“IT’S all systems go for South Africa’s revised Environmental Impact Assessment (EIA) regulations which were implented this week,” says 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 are expected to be quicker, simpler and easier to apply. The EIA Regulations of 1997 were repealed in entirety, paving the way for new improved National Environment Management Act (NEMA) EIA Regulations (with the exception of activities related to mining permits, licences and permissions) which come into effect on 3 July.
“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 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 nine 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 three 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 as much as 20%.
One of the most important features of the new regulations is 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 three 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 Louw.
“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 www. environment. gov.za/Documents/Docu ments/2005Mar 17/eia_launch_1304 2006.html.
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