M Van Schalkwyk on amendment of Environmental Impact Assessment (EIA)
regulations

Environmental Impact Assessment (EIA) regulations being
amended: to be published for public comment by end of April

20 April 2007

"Our experience in South Africa continues to prove that the interests of
communities and the interests of the environment can never be separated.
Economic development and investment on the one hand and conservation on the
other, need not be opposing end-goals. Environmental Impact Assessments are
internationally recognised as an important tool to enable governments to ensure
that environmental considerations are taken into account when reaching
important decisions on development and investment," said Marthinus Van
Schalkwyk, Minister of Environmental Affairs and Tourism at a seminar hosted by
the Western Cape region of the South African Planning Institute on Friday, 20
April 2007.

According to the Minister, "The way in which EIAs have been handled in South
Africa has come a long way over the past twenty years. Government is committed
to making even further improvements to the EIA system, which will ensure that
our future economic growth occurs in a manner that does not compromise the
integrity of our environment."

Implementation of the 1997 EIA regulations by authorities and feedback
received from stakeholders revealed a number of inadequacies in the regulations
and the general EIA system of South Africa. In reviewing the EIA system the
Department of Environmental Affairs and Tourism (DEAT) concluded that a revised
EIA system was required. The 2nd generation EIA regulations, which constituted
the first step towards a revised environmental impact management system, came
into effect in July 2006. These regulations have, insofar as the enabling Act
allows, introduced various ways to streamline processes and reduce the need for
EIAs, where environmentally informed strategic spatial tools are in place.

The Minister said, "Since the new regulations came into effect in July 2006,
more than 1 500 EIA applications were received by the Department of
Environmental Affairs and Tourism and the provinces. 95% of these applications
have been processed in accordance with the published timeframes. Pending
applications in terms of the 1997 regulations have been reduced from 5 955
applications at the end of June 2006 to less than 2 500 applications at the end
of March 2007. Contracts to the amount of R11 300 000 (11,3 million) have been
awarded to service providers to assist provincial authorities with the
expedient finalisation of the remaining applications."

The Minister announced, "Chapter five of the National Environmental
Management Act (NEMA) and the EIA Regulations are currently being amended in
order to ensure that our processes are as efficient as possible. These
amendment processes will be concluded by the end of July 2007. Both will be
published for public comment by the end of April 2007."

These amendments will focus on:

EIA Regulations:

* correcting technical and legal errors
* revisiting thresholds to "cut out" minor activities
* providing definitions
* including timeframes for appeal procedures

NEMA Chapter five:

* Providing for tools other than EIA
* expanding exclusion provisions to Spatial Development Frameworks and Norms
and Standards
* providing for exemptions

"The amended EIA regulations will combine the best of the current system
with new provisions to streamline processes even further and will ensure that
the application and administration of our environmental laws is more efficient
and effective. The end result will be better for conservation, better for
communities, better for development and better for South Africa."

Enquiries:
Riaan Aucamp
Cell: 083 778 9923

Issued by: Department of Environmental Affairs and Tourism
20 April 2007

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