Assessment of EIA regime

1. Assessment of EIA regime

2. Departure point • EIA recognised as • an impediment to investment • not always the most appropriate instrument • NEMA amendment in 2010 to allow for alternative instruments

3. DEA strategic plan • 2009/10: 60% • 2010/11: 60% • 2011/12: 67% • Estimated for 2012/13: 88% • Target for 2013/14: 89% • Note: Performance targets set for non compliance

4. Consequences • Timeframes not met • Targets offer no comfort when authorisation is delayed • Delays result in significant costs • Competitiveness reduced • Further delays caused by additional conditions • Emergency action not feasible

5. Alternative instruments • Environmental management frameworks • Strategic environmental assessments • Environmental management programmes • Environmental risk assessments • Environmental feasibility assessments • Spatial development tools • Norms and standards

6. Challenges • Long delays in decision making • Repeated requests for additional information not used in decision • Imposition of unreasonable conditions • Not applicable to activity • Impossible to achieve • Covered by other legislation • EIA authorisation and license conditions not aligned • Licensing processes require additional studies

7. Proposals for improvement • Reduce authorisation delays • Use of alternative instruments • Conditions of authorisations • Alignment of environmental management plan and conditions

8. Use of alternative instruments • Establish a work plan to investigate the use of alternative instruments • Prioritise norms and standards for repeatable activities • Environmental management frameworks • Spatial development tools • Incorporate EMP into conditions

9. Norms and standards • Distinguish between industrial areas and other land uses • For repeatable activities: • Allow norms and standards as the default requirement in an industrial area • Encourage the development and use of national standards • Identify the activities that could be dealt with by requiring compliance with existing standards • Gazette requirement and remove activities from list

10. Environmental management frameworks • Current project on Environmental Impact Assessment Management System recommends boundaries of EMFs to be aligned with spatial development frameworks. • No reason not to initiate immediately • Consider which EMFs can be used immediately

11. Spatial development tools • Spatial Development and Land Use Management Bill to be used as basis of provincial regulations being required to recognise EMFs • If a development is aligned with the EMF exemption from an EIA should be allowed

12. Authorisation conditions • Current approach should be reviewed and comprehensive guidance provided to provincial authorities • Issues to be addressed immediately: • Reference to legislation of departments other than DEA and DWA to be avoided • Mitigation measures should be included in EMP only

13. Authorisation conditions (2) • Mitigation for specific environmental impacts and included in the EMP should be incorporated into licenses to ensure integration • Where requirements are already contained in a national standard, the standard should be referenced

14. Alignment of processes • EIA precedes licensing process • Ensure that consolidated requirements are presented to applicant • Outcomes of specialist studies to be incorporated in EMP • EMP to form basis of license conditions

15. Conclusions • No reason to allow the unsatisfactory status quo to remain in place • Possible to initiate immediate steps to improve the situation • Establish structures to work together to develop and implement an action plan

16. Thank you