This serves to confirm the protocol regarding environmental impact assessments (EIA) over the festive period 2009/10. After due consideration of the requirements of the respective environmental impact assessment regulations and departmental guidelines and furthermore to ensure a fair appeal and public participation process, the department herewith wishes to inform all stakeholders of the following protocol over the 2009/10 festive period:
Environmental decisions
* The department will issue the last environmental decisions (that is: records of decision or environmental authorisations) for this year in terms of the Environment Conservation Act, 1989 (Act No. 73 of 1989, as amended) and the National Environment Management Act, 1998 (Act No. 107 of 1998, as amended) on 25 November 2009.
* The department will resume with the issuing of decisions on 11 January 2010.
Administration of applications
* The department recommends that applicants and/or their appointed environmental assessment practitioners refrain from submitting notices of intent, application forms and reports (basic assessment, scoping and environmental impact assessment) during the period 25 November 2009 until 11 January 2010
* The department recommends that the submission of such documents should resume again from 11 January 2010.
Public participation process
* To ensure a transparent public participation process, the department recommends that the applicants and/or environmental assessment practitioners do not conduct a public participation process over the festive season, that is: between 15 December 2009 and 11 January 2010
* In extenuating circumstances the applicant and/or environmental assessment practitioners may conduct the public participation process over the festive period. However, the applicant and/or environmental assessment practitioners must first motivate and obtain approval from the department before proceeding; for example, an extenuating circumstance may include the possibility of the proposed activity being located in a recognised holiday destination, such as coastal towns.
If the department agrees to extend the public participation process over the festive period, an additional 30 day period (or equivalent period) should be factored into the public participation process, so that interested and affected parties have sufficient time to partake in the public participation process.
Appeals
* Please note that the content of this circular does not affect the administration and finalisation of environmental appeal decisions by the Minister of Local Government, Environmental Affairs and Development Planning.
Any enquiries with regard to the above protocol may be directed to:
A Mohammed
Tel: 021 483 4793
Fax: 021 483 3633
A Barnes
Tel: 021 483 4094
Fax: 021 483 4372
Issued by: Department of Environmental Affairs and Development Planning, Western Cape Provincial Government
13 November 2009
Source: Western Cape Provincial Government (http://www.capegateway.gov.za/)
