ENVIRONMENTAL MANAGEMENT IV

ENVIRONMENTAL IMPACT ASSESSMENT

Lecturer: Mr V Zungu

Date: 19/09/13

Sustainable Development and IEA

• Sustainable Development: requires the consideration of the Triple Helix (i.e. social, economic and ecological processes);

• Balancing act: optimization of the trade-offs between and

across these three systems; • EIA : therefore IEA is one of several tools available for

improving the way in which decisions are made in order to promote sustainable development outcomes;

• Clean Development: Thus EIA is applied (as a tool) to promote

or enhance positive effects of development and minimize negative effects of development;

What is Environmental Impact Assessment?

• EIA: the process of identifying, predicting, evaluating and mitigating the biophysical, social, economic and other relevant effects of development proposals prior to major decisions being taken and commitments made;

• Reactive: unlike SEA (Strategic Environmental Assessment), EIA is an assessment tool that seeks to consider environmental issues after the development;

• Pro-Active: SEA usual deals with programmes and plans (not projects) to harmonise development with the receiving environment;

EIA and SEI

Policies Sometimes covered by

legislation

Plans & Programmes covered by SEA Directive (2001/42/EC)

Projects – EIA

DEV

ELO

PM

ENT

ENV

IRO

NM

ENT

Informs Informs

Impacts Impacts

International Context: The EIA process

Elaboration of a project

Request for development consent

Information on env.impact (EIS)

Consultations

Decision

Approval of Project

Information on decision

Beginning

End of process

International Context:The SEA process

Elaboration of P/P

Draft P/P

Environmental report

Consultations (environmental report & P/P)

Decision

Approval of P/P

Information on decision

Beginning

End of process

Objectives of an EIA

• To ensure that environmental considerations are explicitly addressed and incorporated into decision-making processes;

• To anticipate and avoid, minimise or offset the significant adverse biophysical, social, economic and other relevant effects of development proposals;

• To protect the productivity and capacity of the natural systems and ecological processes that maintain their functions; and

• To promote development that is sustainable and optimise resource use and management opportunities.

Who is involved in EIA?

STATE CONSULTANT

PUBLIC

EIA

LEGISLATION

South African EIA Regime

• Sustainability: EIA is one of the key tools for enabling sustainable development in South Africa;

• Decision Making: Predict environmental consequences of proposed activities for decision-making, to ensure that resources are soundly managed;

• Historical context: For many years, considered part of Integrated Environmental Management, but not legislated;

• Legislation: Legislated in 1997 in terms of Environment Conservation Act, 1989;

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Background

South African EIA Regime

• Sections 21, 22 & 26 of ECA enable EIA regulations

• EIA regulations (GN R 1182, 1183 & 1184) promulgated in September 1997;

• Various amendments made to EIA regulations, most recent in May 2002;

• NEMA promulgated in 1998 and to replace ECA;

• Development of new EIA regulations commenced in 2000

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Background cont..

Why New Regulations

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• Vague: Wide interpretation of activities could result in inconsistent application by authorities;

• Duplication: Too many small scale / insignificant activities made subject to EIA;

• Tedious: Lengthy and inflexible process, with too many “authority stops” / “decision points”;

• Poor Consultation: Inadequate requirements for public participation

• Incoherent: Not supported by strategic planning tools;

• Lack of Compliance: Enforcement measures generally weak

Why New Regulations?

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• Poor information: The process did not always ensure that the necessary information for decision-making is submitted;

• Streamline: The list of activities requires amendment;

• Backlog: There were concerns that the regulations cause unnecessary delays for development;

• Amendment: Enacted under the National Environmental Management Act (107 of 1998), effective from 1 July 2006. EIA Applications submitted prior to 1 July 2006

Need for New Regulations cont..

New EIA regulation

• Two categories of activities: – Basic Assessment (Notice 1) and – Environmental Assessment (Notice 2)

• Public participation can commence before applying (Basic Assessment);

• Specified requirements for amendment of authorisations; • Terms of reference for EIA included in Scoping Report, no

longer separate plan of study; • Clarification of independence of Environmental Assessment

Practitioner (EAP)

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What’s new?

Normal EIA procedure

Screening

Basic Assessment or Scoping/ EIA Process

Environmental information

Consultation on environmental information

Decision

Define projects Notice 1 or 2

Upon request of the developer

The “Report”-EIS

Public, Env. Authorities...

Takes account of env.info and consultations

SA EIA Process

Possible application for exemption

Scoping Basic Assessment

Applicant must appoint an EAP

EAP must determine which application must

follow

Listed activity proposed by the

applicant development

Environmental Impact Assessment

Competent Authority

requests Amendments / additional Information

Competent Authority

refuse/grant

Competent Authority

requests Amendments / additional Information

Competent Authority

refuse/grant

Authorization may be appealed, amended or withdrawn or

suspended

First Stage of EIA : Project Screening

• Development: Many projects are considered by the public

and private agencies every year;

• Impacts: Development projects have biophysical as well as social and economic impacts which must be determined earlier during the project proposal;

• Information about the effects: Sufficient understanding of these factors are necessary for the initial screening decision;

• Screening: It is therefore, important to establish mechanisms by identifying projects which requires EIA, and this process of selection of project is referred to as "Screening".

First Stage of EIA : Project Screening

First Stage of EIA : Project Screening

• Screening process divides the project proposals within the following three categories:

•project clearly requiring an EIA •project not requiring an EIA •project for which the need of application of an EIA is not clear

Threshold criteria Impact criteria

Size

Location

Output

Cost/finance

Environmental effects

etc.

Significant but easily identifiable impacts

Significant impacts

Sensitive area

Fig. 22-18a, p. 605

Undeveloped

land

Creek

Marsh

Fig. 22-18b, p. 605

Typical housing

development

Fig. 22-18c, p. 605

Cluster

Cluster housing

development

Cluster Pond

Creek

Screening: Assignment 1

• The first step of the EIA process is the Screening process. This

stage of EIA is crucial in establishing whether or not there is a need for any form of assessment to be undertaken for a specific development proposal.

Question:

• Use the following proposed development to determine whether or not an EIA will be required. As an EIA specialist, state, in detail why the EIA is required or not based on your judgment. The screening process must also take into consideration the associated infrastructure and receiving environment.

New EIA regulation

• Two categories of activities: – Basic Assessment (Notice 1) and – Environmental Assessment (Notice 2)

• Public participation can commence before applying (Basic Assessment);

• Specified requirements for amendment of authorisations; • Terms of reference for EIA included in Scoping Report, no

longer separate plan of study; • Clarification of independence of Environmental Assessment

Practitioner (EAP)

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What’s new?

The current EIA regime in SA

• Some activities may be subject to exclusions based on

Environmental Management Frameworks (EMF);

• Compliance and enforcement strengthened;

• Cooperation agreements between authorities;

• Draft Environmental Management Plans to be included in EIAs;

• Report contents specified in detail;

• Avoidance of delay through a combination of applications;

• Provision for amendment & withdrawal of authorizations 24

What’s new? cont..

Environmental Assessment Practitioner(EAP)

• Compulsory for applicant to appoint EAP;

• Independence & expertise required;

• Must disclose all relevant information that could influence decision or objectivity of a document or report;

• Disqualification: – If authority believes that EAP is not independent

– EAP informed and has opportunity to make representations to authority

– Authority can refuse to accept report or require independent review

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Environmental Assessment Practitioners (S. 17-19)

EIA Governance in SA

National Provincial

Local

EIA Governance

Competent authority

Not competent but can determine

decision through By-laws and EMF

or SEA

EAP Role in the EIA

• EAP to determine relevant process – screening etc.;

• Basic Assessment (Notice 1 Act) or

• Scoping & EIA (Notice 2 Act);

• Process chosen based on:

– Listing notices 1 & 2;

– If application is for 2 or more activities and at least

one of these requires Scoping and EIA, then

application must be subjected to Scoping & EIA

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Determining assessment process (Regulations 20-21)

Nature of Activity (No 1)

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• Activities contained in Listing Notice 1 are subject to a

basic assessment process;

• Smaller scale activities;

• Predicted impacts are generally known and can be easily

managed;

• Will be further limited through exclusions in terms of the

EMF

Basic Assessment (Regulations 22-26)

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Basic Assessment cont..

Public participation (R. 22)

Basic assessment report (R. 23)

Submit application (R. 24)

• Application form

• Assessment report

• Etc.

14 days

Acknowledge receipt (R. 14)

Check application (R. 14)

30 days

Response (R. 25)

• Submit additional information

• Specialist studies

• Alternatives

• Rejection

• Scoping & EIA

Scoping & EIA

Grant / refuse authorisation (R. 26)

10 days

Notify I&APs of decision (R. 10)

Notify applicant of decision (R. 10)

Competent authorities must strive to meet timeframes (R. 9)

Basic Assessment Process

Nature of Activity (No 2)

• Activities contained in Listing Notice 2 are subject to a comprehensive assessment process;

• Activities that due to nature and/or extent are likely to have significant impacts;

• Associated with high levels of pollution / waste / environmental degradation;

• Impacts cannot easily be predicted;

• Higher risk activities

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Scoping & EIA (Regulation 27-36)

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Scoping & EIA cont..

Submit application (R. 27)

• Application form

• Landowner’s consent

14 days

Check application (R. 14)

30 days

Response (R. 31)

• Request amendments

• Reject because:

• insufficient information

• failure to consider guidelines

• Accept

Decision (R. 36)

10 days

Notify I&APs of decision (R. 10)

Notify applicant of decision (R. 10)

Acknowledge receipt (R. 14)

Submit Scoping Report (R. 30)

Scoping (R. 28-29)

• Public participation (incl. organs

of state)

• Scoping Report

• Public comment on SR (R. 58)

EIA (R.32)

• Prepare EIA report & draft EMP

60 days

Response (R. 35)

• Reject

• Amend

• Specialist review

• Accept

45 days 45 days

Competent authorities must strive

to meet timeframes (R. 9)

Scoping / EIA Process

The structure of the EIA Report

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EIA Report includes: • Activity description

• Site/area assessment

• Public participation

• Description of issues

• Description and assessment of alternatives (if any)

• Specialist studies (only if necessary)

• Specialized processes (only if necessary)

• Assessment of impacts

• Assessment of issues

• Environmental impact statement

• Draft environmental management plan

Contents of EIA Reports (Regulation 32)

Development subject to Exemption (51- 55)

• Different from exemptions i.t.o. ECA (i.e. the old EIA regime);

• Exemption takes place when the activity is listed but

there is no identifiable environmental impacts;

• Considers both the receiving and environment and concerns from the public;

• Exemption can be considered from any provision of

regulations; • Exemption from public participation only possible if rights

or interests of other parties are not adversely affected

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Exemption Process

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Exemptions cont..

14 days

Submit application (R 52)

Acknowledgement of receipt (R. 52(2))

Consideration (R. 53) • May request additional information

• Advise application of any factors

prejudicing the application

No adverse effects

on rights or interests

of other parties

Adverse effects on

rights or interests of

other parties

10 days

Notify applicant of decision (R. 54) • Written exemption notice

Notify I&APs (R. 54(10(d)))

Appeal

• Public participation (R 56)

• Register of I&APs

• Submit comments

10 days

Competent authorities must

strive to meet timeframes

(R. 9)

BID: Assignment Two • The initial step to undertake after screening is the preparation of the BID

(Background Information Document). This document is prepared in order to be circulated into all Interested & Affected Stakeholders for their initial review into the issues arising from the development proposal.

• As the Proponent in EIA process, prepare the BID for the proposed residential estate located in the corner of Cormorant and Big Bay drive, Blouberg, West Coast. Your BID must show the location map of the proposed development, description of the study area and the frameworks or legislation to be considered during the EIA process.

• Please note that it has already been established that the development of this nature will require and EIA/Scoping process. Please attached the

budget showing the activities of this process as well as the cost thereof.