1 / 27

DRAFT AMENDMENTS TO NEMA SECTION 24 AND THE NEMA EIA REGULATIONS

2. Review of ECA EIA RegulationsNet to wideTime framesEvolution of Environmental LawPAJA and PAIAOther inadequaciesAlso positive elements NEMA Amendments (2005) and EIA regulations (2006)Enquiries, matters of interpretation, indicated flaws in specifically listed activitiesImpracticalities, thresholds questionable.

iden
Download Presentation

DRAFT AMENDMENTS TO NEMA SECTION 24 AND THE NEMA EIA REGULATIONS

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

    1. 1

    2. 2 Review of ECA EIA Regulations Net to wide Time frames Evolution of Environmental Law PAJA and PAIA Other inadequacies Also positive elements NEMA Amendments (2005) and EIA regulations (2006) Enquiries, matters of interpretation, indicated flaws in specifically listed activities Impracticalities, thresholds questionable

    3. 3 Why the 2007 revision: Policy making environment Implementation experiences Enquiries and implementation workshops revealed technical errors; lack of clarity; inconsistencies; impracticalities SLA comments on 2006 version Forward looking - towards an EIM strategy and action plan What are we not changing: General approach, i.e two lists, two processes Provisions for exclusions Introduction of strategic spatial tools

    4. 4 Review of EIM System committed to in cabinet in April 2006 Consisting of following elements Revised EIA system to be more relevant to SA Build and maintain capacity of EIA authorities towards improved efficiency AND effectiveness EAP registration authority EIM strategy: Rationalise EIA Bigger reliance and focus on strategic and spatial planing Management through more appropriate tools Integration of EIM in other regulatory processes Promotion of self-regulations Context

    5. 5 In terms of revised EIA system: 2006 Regulations and 2007 Revisions thereof Revisions to NEMA 2005, 2007 and potentially again on completion of EIM strategy and action plan Review of efficiency and effectiveness of EIA over 10 years of implementation (together with IAIA and ELA) - 2007-2008 EIM strategy & Action plan 2008-2009 Revision of EIA Regulations 2009-2010 Context (cont.)

    6. 6 NEMA Regulations Enabling provisions Listing Notice 1 Listing Notice 2 Thresholds Basic assessment & scoping & EIA Expansion / upgrades Associated structures and infrastructure

    7. 7

    8. 8

    9. 9 NEMA Amendments (cont) New provisions Allow for management through Norms and standards. Expand exclusion provisions to rely on other “environmentally informed” strategic spatial planning instruments Enabling provisions for some regulations guidelines, regulation 6 agreements, EMFs Mechanism for minimizing regulatory overlap / duplication Exemption Legal review Lay foundation for EIM Strategy

    10. 10 Amendments to Regulations Holiday period and related timeframes Assessment of the entire development Landowner consent changed to notification EAP & applicant, just EAP Need and desirability added Site (mining problem); delete 100 m appeals Lodge / submitted Timeframe for decision-making Compliance monitoring link to chapter 7 of NEMA

    11. 11 Listing Notice 1 Changes General changes Amended and expanded definitions to ease interpretation Construction versus expansion Differentiate between inside and outside of urban areas Alignment with listing notice 2 “Associated structures” removed Activities where thresholds / text were amended include Advertising Infill development Dangerous goods Cemeteries Masts Roads

    12. 12 Listing Notice 1 (cont) Clarified Indigenous vegetation Phased activities Aircraft activities Added Outside urban areas High water mark activities Erven in existing urban areas Virgin soil cultivation

    13. 13 Listing Notice 1(cont) Mining Not yet changed Deleted subdivision

    14. 14 Listing notice 2 General As for listing notice 1 Filling station moved to listing notice 1 Most expansions moved to listing notice 1 Activities Roads activity changed to included planning and construction Mining Not changed yet

    15. 15 Way forward Information seminars and consultation – 14 to 25 May 2007 Comments to DEAT on or before 4 June 2007 Consideration and incorporation of comments – remainder of June Amendment Bill introduced in Parliament – July 2007 Promulgation August 2007

    16. 16 Comments

    17. 17

    18. 18

    19. 19

    20. 20

    21. 21

    22. 22

    23. 23

    24. 24

    25. 25

    26. 26

    27. 27

    28. 28

More Related