Environmental Affairs and Tourism on Environmental Impact Assessment
regulations coming into force

3 July 2006

“It's all systems go for South Africa's revised Environmental Impact
Assessment (EIA) regulations with Monday, 3 July 2006, signalling the start of
the official implementation process,” said 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, which have been revised to be quicker, simpler and
better, are the result of a substantial consultative process and were published
by Environmental Affairs and Tourism Minister Marthinus van Schalkwyk on 21
April 2006. In a notice earlier published by the Minister, the Environment
Conservation Act (ECA) EIA regulations of 1997 were repealed in entirety thus
paving the way for the improved National Environment Management Act (NEMA) EIA
regulations. With the exception of activities related to mining permits,
licenses and permissions which come into effect on 3 July 2006.

Explaining the process Mr Louw said that, “EIA is a proactive and systematic
process where potential environmental impacts, both positive and negative
associated with certain activities, are assessed.” He added that the process
also advises decision makers on the desirability of such activities and on the
conditions which authorisation of the activity should be subject to, where
relevant.

“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 Mr 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 up to 20 percent.

At the launch of these regulations earlier in April, the Minister said that
one of the most important features of the new regulations was the introduction
of compulsory timeframes to which authorities must adhere. Although to date 50
percent of EIA applications have been finalised within half a year, almost 6,5
percent 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 Mr Louw.

“Therefore as of 3 July 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 http://www.environment.gov.za/

For queries contact:
Mava Scott
Cell: 082 411 9821

Issued by: Department of Environmental Affairs and Tourism
3 July 2006