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KwaZulu-Natal Department of Agriculture & Environmental Affairs

PRESENTATION TO THE CHEMICAL CLUSTER: ENVIRONMENTAL IMPACT ASSESSMENTS

Presented by: Malcolm Moses

Requirements for environmental authorization after 03 July 2006

Section 24(2) provides for the listing of activities that require authorization GNR 386 (21 April 2006) lists activities requiring a Basic Assessment GNR 387 (21 April 2006) lists activities that require an EIA

Section 24(4) provides for procedures for EIAs GNR 385 (21 April 2006) provides regulations for application procedure for environmental authorizations

Types of Assessment

Basic Assessment (GNR386)

Scoping and EIA (GNR387)

Basic Assessment Process

Scoping / EIA Process

Object is to focus on activities that may a significant impact on the environment and facilitate those that have a low impact Note: A basic assessment activity may be elevated to a full EIA if the significance of impacts must be further evaluated

Basic Assessment Process


1. Identify activity under GNR 386

2. Submit notice of Intent


3. Conduct Public Participation 4. Complete Basic Assessment Report

5. Circulate to registered I & APs and Key Stakeholders for comment (excluding DAEA)
6. Amend Basic Assessment Report and attach comment of I & APs. 7. Submit final report and application for environmental authorization to DAEA

NEMA EIA application procedure: Basic Assessment


Submit notice of intent Submit application and Basic Assessment Report Acknowledgement by authority within 14 days Consideration by authority within 30 days Grant/ Refuse Authorization Authority request Scoping / EIA Back Notify applicant within 10 days Authority requests further information Authority receives information

Scoping and EIA Process


1. Identify activity under GNR 387. 2. Submit application for environmental authorization to DAEA 3. Conduct Public Participation 4. Compile a Scoping Report (with Plan of Study for EIA) 5. Circulate to registered I & APs and Key Stakeholders for comment (excluding DAEA). 6. Amend Scoping Report and attach comment of I & APs, Copies of minutes of meetings, responses of the EAP to inquiries.

7. Submit Scoping Report to DAEA. If DAEA accept an Draft EIA Report is to be compiled and circulated to parties.
8. Final EIA Report to be submitted to DAEA.

NEMA EIA application procedure: Scoping/ EIA


Submit application to undertake Scoping /EIA

Acknowledgement by authority within 14 days Consideration of Scoping Report & Plan of Study for EIA by authority within 30 days of receipt
Accept Scoping Report Consideration of EIA Reports by authority within 60 days of receipt Accept EIA Reports Back Reject EIA Report/s request amendments Grant/ Refuse Authorization within 45 days Notify applicant within 10 days Reject Scoping Report request amendments

Amendments

Whether authorization granted in terms of old (ECA) or new (NEMA) regulations, it has to be amended in terms of the new regulations. Any changes to an authorisation will follow the amendment process. An application can be amended by applicant or can be initiated by the Department. Process: Complete Amendment application form. Once accepted, the amendment is sent to Ms. Sarah Allan for consideration.

EIA Regs: exemptions


Any person to whom a provision applies may apply for an exemption from such a provision Details on application requirements and the consideration of such applications are provided The competent authority must within 10 days after reaching a decision on such an application: Exemptions may be reviewed by the competent authority On good grounds exemptions may be amended or withdrawn

Assessment of Applications

Department has no discretionary powers. BAR to meet requirements of Regulation 23 of GNR 385. Scoping Report to meet requirements of Regulation 29 of GNR 385. Environmental Impact Report to meet requirements of Regulation 32 of GNR 385. On review the Department can either: Accept Request more information Reject if report lacks material content or inadequate public participation

Common problems

Substandard work. Incorrect process followed (BA/EIA)..Exemptions! Unsuitable EAP. Inexperienced EAP. Inadequate Public Participation Process. Inadequate response to issues raised by I&APs. Generic information/Cut and Paste.

EIA Regs: environmental authorizations

Regulation 38: Details of the applicant Description of the activity Description of the property Reasons for Decision Conditions of authorization Period of validity (if applicable) Requirements for management, monitoring and reporting of environmental impacts Transfer rights and obligations for future owners

Appeals

Appeals are lodged with the Minister or MEC in terms of section 43 of NEMA Appellant must lodge notice of intention to appeal within 10 days after notification of decision Appeal must be submitted to Minister/ MEC within 30 days of lodging notice of intention Minister/ MEC may extent the period in which appeal must be submitted Responding statements on appeals (comments) must be submitted to Minister/ MEC within 30 days Appeals/ responding statements must be acknowledged by Minister/ MEC with 10 days The Minister/ MEC may appoint an Appeals Panel to assist in the review of appeals Reasons for a final decision on an appeal must on written request be given by Minister/ MEC

EIA Regs: other key provisions


Reg. 5: Assistance by competent authorities to applicants Reg. 7: Competent authorities right of access to information Reg. 15: Combination of applications Reg. 16: Activities on land owned by person other than applicant Reg. 17 Appointment of EAPs to manage applications Reg. 18: General requirements for EAPs including independence. Reg. 19: Disqualification of EAPs Reg. 77: Failure to comply with a requirement of the EIA Regulations Offences Reg. 81: If incorrect or misleading information is provided in documentation, information is withheld, or a person fails to comply with the requirements of Reg. 81, the person is liable on conviction of an offence to a fine or imprisonment for a period not exceeding 2 years.

S24G

Process and requirements related to an application to rectify the unlawful commencement of activities identified in the Environment Conservation Act (ECA) environmental impact assessment regulations of 1997, as amended & the National Environmental Management Act (NEMA) environmental impact assessment regulations of 2006, as amended.

Admin Fine Not exceeding R1 million Criminal: fine of up to R5 million or 10 years imprisonment or both such fine and such imprisonment for each offence contemplated in Section 24F(2)(a).

Old vs New Regulations


Old (Environment Conservation Act Prior to NEMA)

New (NEMA)

ECA: s21, 22, 26 and Regulations (GNR 1183) for activities identified in terms of section 21(1) Approx. 25 listed activities (GNR1182) Scoping process followed, if required, by EIA process Exemption from regulations possible National Minister can identify activities

NEMA: Chapter 5 (section 24) amendments Comprehensive regulations with more process and reporting details Two lists of activities approx. 27 activities on high impact list; approx. 54 activities on low impact list Thresholds for activities Timeframes for competent authority Basic assessment for low impact activities; Scoping & EIA for high impact activities Exemption from regulations possible National and provincial ministers can identify activities/ geographical areas

NEMA Amendments

Amendments published for final comment on 13 February 2009. Deadline for comments - 16th of March 2009. Due to a correction notice the deadline for all comments was extended to 16 April 2009. A number of problems and uncertainties were identified and experienced since the introduction of the 2006 NEMA EIA Regulations.

These include but are not limited to the following:

The inclusion of a third list. Changing of thresholds. E.g. Sewage Treatment works Inclusion of thresholds where absent previously.

Clarification of what exactly is included and what is excluded. Exclusion of rehabilitation and maintenance for certain listed activities.
Waste related activities excluded. To be addressed in the NEMA Waste Act.

The inclusion of new mining activities.


Inclusion of other new activities (such as afforestation, cultivation of land). Clearly distinguishing between construction and expansion activities. A number of activities previously listed, with little or no significant environmental impact, are no longer covered. Certain activities within urban and / or industrial areas are now excluded.

Implications
Timeframes:

CA obligated to timeframe. Failure to meet timeframes60 additional days. Failure to meet deadline within 60 days=automatic acceptance/authorisation.

Once authorisation is signed, CA to notify applicant within 2 days of signature of authorisation.

Other..

Landowner consent Landowner notification

Environmental Management Plan Environmental Management Programme CA to provide Reports/documentation to state departments40 day comment period.
Amendments and Exemptions 30 day period to review, draft and sign decision. More discretionary power to the CA.

Durban District Office


Assistant Manager: Impact Assessment - Mr. Malcolm Moses Tel: (031) 302 2872 Fax: (031) 302 2888 Cell: 082 461 8303 E-mail: malcolm.moses@kzndae.gov.za

Durban District Office.continued


District Manager: Ms. Vanessa Maclou Acting Assistant Manager: CME. Ms. Nasreen Mansoor Assistant Manager: Advisory Services - Ms. Nomalanga Hlope Assistant Manager: Pollution & Waste - Mr. Sifiso Miya Assistant Manager: Enviro Planning - Ms. Asia Khan Phone: 031 302 2800 Fax : 031 302 2888

Thank you!

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