Affairs and Tourism, at the first Regional International Association for Impact
Assessment conference, Somerset West
5 November 2007
Introduction
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 (EIAs)
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.
The way in which EIAs have been handled in South Africa has come a long way.
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 these regulations it
became clear that in order to introduce a set of new and far reaching measures
that would allow for a more strategic approach to the management of the
environmental impacts of developments, amendments to our National Environmental
Management Act (Nema) itself were required. In the interim however, it was
decided to go ahead and amend the EIA regulations within the limits of the
enabling legislation to streamline them and to deal with problems that had
arisen in implementation.
Capacitating provinces
Accordingly, on 3 July 2006 the Nema EIA regulations came into force. The
new system introduced in these regulations has already begun to pay dividends
in terms of streamlining processes, as witnessed by the fact that across the
country there is virtually no delay in the processing of applications that have
been submitted in terms of these new regulations. This achievement is in part
due to a major training effort with the provincial authorities, the
introduction of consistent systems across the country and the introduction of
mandatory processing times. Contracts to the amount of R11 300 000 have been
awarded to service providers to assist provincial authorities with the
expedient finalisation of the remaining applications under the old 1997
regulations. We are looking forward to completion of the total backlog by the
end of this financial year.
I am also pleased to announce that accredited training will be rolled out in
five national centres. Provinces have been informed well in advance of the
dates for training. This training will cover the areas identified by Department
of Environmental Affairs and Tourism and all provinces as areas of concern. I
must warn all officials that they should come prepared to work hard in this
five-day intensive training course. There will be an examination at the end of
the course.
In the process of capacitating provinces, our department realises the need
for proper consultation. It is also important not to provide a one size fits
all solution. Hence we are currently conducting a capacity audit and needs
analysis survey.
Nema amendments to further streamline the system
The Nema amendments are currently in Parliament and the amendments to the
regulations and listing notices are being finalised and will be ready for
publication once the Nema amendment has been promulgated.
I however have to mention the fact that there are 10 authorities
implementing the same law and regulations. This complicates the matter of
reaching consensus, especially on the wording and thresholds for listed
activities. It is our view that it is worth having regulations and listing
notices with more rather than less detail in order to ensure that as far as
possible these can be used by all authorities and that there is national
consistency in the way that the EIA system is managed and run.
Allow me to highlight and announce some specific amendments to Nema that we
believe will further improve our EIA system.
Environmental Management Frameworks
For some time now it has been apparent that using EIAs as the only means of
dealing with environmental impacts is severely limiting and creates huge system
problems. Therefore, the amendments to Nema make provision for the introduction
of a wider set of environmental impact management tools, and the 2006
regulations explicitly provided for the development of Environmental Management
Frameworks. Section 24 (3) of Nema provides for the Minister to compile
information and maps that specify the attributes of the environment in
particular geographical areas, including the sensitivity, extent,
interrelationships and significance of such attributes which must be taken into
account by every competent authority.
It further enables the Minister to use and consider the information compiled
in an Environmental Management Framework for applications for environmental
authorisation in a geographical area.
There is currently a thrust spearheaded and largely funded by our department
to ensure that EMFs are done for areas that are under severe development
pressure or where there are biophysical and environmental attributes and issues
that require special attention.
EMFs have huge benefits for development because they embody a pro-active
approach. EIAs are reactive in the sense that they are only undertaken once a
development proposal has been formulated. EMFs pro-actively look at the
characteristics of an area and highlight the specific aspects that enable land
use planners to take better decisions. Due to the large number of variables
that have to be considered in the compilation of an EMF, it is unfortunately an
expensive exercise, but because it lays a proper foundation for all aspects of
land use, local authorities are encouraged to make use of this tool. Once it is
in place, the benefits are obvious.
Environmental Assessment Practitioners (EAPS)
Another positive development in this field is the initiative taken by
environmental practitioners to improve the quality of work undertaken by
practitioners in this industry.
At a meeting we convened in 2005 with representatives from the environmental
impact assessment profession, I appointed the Interim Certification Board (ICB)
for practitioners to initiate a systematic and inclusive process, which would
deliver on the identified needs and legal requirements for the establishment of
a registration authority for practitioners in South Africa. Department of
Environmental Affairs and Tourism and the ICB subsequently started a process
expected to culminate in the establishment of a registration authority for
environmental assessment practitioners.
A national conference of stakeholders was held in March 2006 and during two
subsequent discussions of the working group, which was mandated at the national
conference to take this forward, it became apparent that the South African
Qualification Authority (Saqa) will have to develop unit standards as part of
this project. A second stakeholder conference is planned for 20 to 21 November
2007, where the work done by the mandated working group will be presented and
discussed.
The fact that the environmental assessment profession has no single
qualification that serves as a common denominator makes the regulation of the
industry very difficult. Specialities in a number of fields form part of the
profession and include a wide range of fields, e.g. landscape architects,
planners, etc.
I would like to announce that government officials responsible for
environmental assessments will also be required to meet the same criteria as
that of EIA consultants, which means the work done by reviewers must also be
taken into account during the process. Every method must be used to ensure that
the new proposed system is seen to be truly objective and inclusive.
Integration of EIA applications and the Municipal Infrastructure Grant (MIG)
projects
The integration of EIA applications in relation to the Municipal
Infrastructure Grant process, has been an area of concern for some time, and
has caused many unnecessary delays and frustrations.
It has often happened that a project has been planned in great detail, and
only when the contractors have been selected, it is realised that the
development also need an EIA authorisation. Therefore I am pleased to announce
that our department has appointed a service provider to evaluate the two
procedures to identify areas of possible overlap and duplication, and to
propose a procedure that would meet the needs of both sets of requirements in
one process. This project will be concluded in this financial year.
Sector guidelines
I am also pleased to report that sector guidelines are being developed in
order to facilitate a more efficient EIA system. The following sectors have
been prioritised due to links with Accelerated Shared Growth Initiative for
South Africa (AsgiSA) priorities.
These sectors are:
* linear infrastructure development
* energy generation, distribution and supply
* large scale property development
* social infrastructure
* agri-industry.
Efficiency and effectiveness survey and new impact management strategy
It is important to continuously monitor and evaluate the EIA system. In this
regard, our department has just advertised tenders for a survey to evaluate the
efficiency and effectiveness of the EIA regulations, as implemented for 10
years now. The results of this survey will inform further strategies around
environmental impact management, which will enable us to apply our resources
better, to eliminate unnecessary EIAs, to provide for other tools apart from
EIAs which might be more effective in specific cases, and to allow flexibility
in order to be more efficient. It is envisaged to have a national conference
along these lines around October 2008, when the results of the survey should be
in.
Conclusion
I am firmly of the view that the amended EIA regime 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
5 November 2007
