NEMA-based Environmental Impact Assessment Regulations: Dhiraj Rama Director: Integrated Waste Management Management of the application process

Overview of the revised EIA Process: From ECA to NEMA

What has been retained but improved? AspectECA EIA Regulations NEMA EIA Regulations ActivitiesToo wide a spectrum, unclear, crucial activities omitted Narrowed the spectrum, more specific, include activities previously omitted EIA ProcessOne cumbersome process, resulted in innovative interventions Differentiate between basic and thorough assessments

What has been retained but improved? AspectECA EIA Regulations NEMA EIA Regulations Decision-making process Allowed for comprehensive process only Allow for upfront decision making (e.g. fatal flaws, emergency circumstances, clearly no impact situations) Prescribe time frames

What has been retained but improved? AspectECA EIA Regulations NEMA EIA Regulations Roles & Responsibilities Prescribed for authorities and applicant only – no real consequences for not abiding by the rules Prescribed for ALL role players – consequences for non-compliance provided for.

What has been retained but improved? AspectECA EIA Regulations NEMA EIA Regulations Public participationIncluded but poorly defined Well defined and minimum requirements prescribed Cost recoveryNot consideredProvided for Appeal processAppeal decision- making process not prescribed Process well defined and aligned with PAJA

Overview of GDACE application forms Basic Assessment SR/EIA Amendments, Exemptions & Class Applications Appeals Application Process

Overview of GDACE Forms Version date Instructions for completion of form – Submission details – Multiple copies Application details Legal declarations

Overview of GDACE Forms: Instructions This application form is current as of 29 th June It is the responsibility of the EAP to ascertain whether subsequent versions of the form have been published or produced by the Competent Authority: LATEST VERSION ON GDACE WEBSITE The application must be typed within the spaces provided. In case of handwritten submissions, the blank application form must be printed to allow sufficient blank space for completion. The sizes of the spaces provided are not necessarily indicative of the amount of information to be provided. It is in the form of a table that can extend itself as each space is filled with typing.

Overview of GDACE Forms: Instructions cont Selected boxes must be indicated by a cross and, when the form is completed electronically, must also be highlighted. Incomplete applications may be returned to the applicant for revision The use of “not applicable” in the report must be done with circumspection because if it is used in respect of material information that is required by the Competent authority for assessing the application, it may result in the rejection of the application as provided for in the regulations.

Overview of GDACE Forms: Instructions Cont. Three copies of this form and all the attachments must be submitted to the Admin Unit of SUE Branch as – hand delivered or – posted applications Presently no faxed or ed applications will be accepted. Unless protected by law, and clearly indicated as such, – all information filled in on this application will be considered as public information on receipt by the Competent Authority. – The Applicant/EAP must provide any interested and affected party with the information contained in this application on request, during any stage of the application process. Details on next slide

Overview of GDACE Forms: Departmental details: Competent authority details Administrative Unit of the Sustainable Utilisation of the Environment (SUE) Branch P.O. Box 8769, Johannesburg, 2000 Administrative Unit of the Sustainable Utilisation of the Environment (SUE) Branch 18th floor Glencairn Building, 73 Market Street, Johannesburg Admin Unit telephone number: (011) Department central telephone number: (011)

Overview of GDACE Forms: Application details Same application form applies for BA, Scoping Project title (which must be used through out the life of the project application) Listed activity details – Government notice number and date – Listed activity – Description of activity Applicant details – Company details – Contact details

Overview of GDACE Forms: Application details cont. EAPs details – Company details – Contact details Declarations – Require commissioner of oaths

Overview of GDACE Forms: Declarations - EAP I _______________-declare under oath that I – act as the independent Environmental Practitioner in this application for ; do not have and will not have any financial interest in the undertaking of the activity, other than remuneration for work performed in terms of the Environmental Impact Assessment Regulations, 2006; have no and will have no vested interest in the proposed activity proceeding; have no, and will not engage in, conflicting interests in the undertaking of the activity; undertake to disclose, to the competent authority, any material information that have or may have the potential to influence the decision of the competent authority or the objectivity of any report, plan or document required in terms of the Environmental Impact Assessment Regulations, 2006;

Overview of GDACE Forms: Declarations – EAP cont will ensure that information containing all relevant facts in respect of the application is distributed or made available to interested and affected parties and the public and that participation by interested and affected parties is facilitated in such a manner that all interested and affected parties will be provided with a reasonable opportunity to participate and to provide comments on documents that are produced to support the application; will ensure that the comments of all interested and affected parties are considered and recorded in reports that are submitted to the

Overview of GDACE Forms: Declarations – EAP cont competent authority in respect of the application, provided that comments that are made by interested and affected parties in respect of a final report that will be submitted to the competent authority may be attached to the report without further amendment to the report; will keep a register of all interested and affected parties that participated in a public participation process; and will provide the competent authority with access to all information at my disposal regarding the application, whether such information is favourable to the applicant or not.

Overview of GDACE Forms: Declarations - applicant I …………………..declare under oath that I - Am, or have been duly appointed to legally represent, the applicant in this application for ; appointed the Environmental Assessment Practitioner as indicated under point 6 above to act as the independent Environmental Assessment Practitioner for this application; will provide the Environmental Assessment practitioner and the competent authority with access to all information at my disposal that is relevant to the application; will be responsible for the costs incurred in complying with the Environmental Impact Assessment Regulations, 2006, including but not limited to – costs incurred in connection with the appointment of the Environmental Assessment Practitioner or any person contracted by the Environmental Assessment Practitioner;

Overview of GDACE Forms: Declarations – applicant cont costs incurred in respect of the undertaking of any process required in terms of the regulations; costs in respect of any fee prescribed by the Minister or MEC in respect of the regulations; costs in respect of specialist reviews, if the competent authority decides to recover costs; and the provision of security to ensure compliance with conditions attached to an environmental authorisation, should it be required by the competent authority;

Overview of GDACE Forms: Declarations – applicant cont will ensure that the Environmental Assessment Practitioner is competent to comply with the requirements of these regulations; am responsible for complying with the conditions of any environmental authorisation issued by the competent authority; hereby indemnify, the government of the Republic, the competent authority and all its officers, agents and employees, from any liability arising out of the content of any report, any procedure or any action for which the applicant or environmental assessment practitioner is responsible in terms of these regulations; and will not hold the competent authority responsible for any costs that may be incurred by the applicant in proceeding with an activity prior to an appeal being decided in terms of these regulations.

Application form: overview Instructions for completion Project admin details – Project title ( which must be used through out the life of the project application) – Question on whether BA or Scoping EIA application – Question on whether compliance to Regulation 78 (3yr no resubmission unless materially different) Project details – Listed activity details Government notice number and date Listed activity Description of activity

Application form: overview cont Background details – Applicant details Company details Contact details – EAPs details Company details Contact details Relevant experience and qualifications – Local Authority details – Property details – Locality map required

Application form: overview cont Compliance with Conditions – Question to Applicant if there is a previous record of non compliance with Dept’s requirements Activity information – HDI & BEE information – Need & desirability of project Declarations

Application: NOTICE OF INTENT TO SUBMIT AN APPLICATION

Application: BASIC ASSESSMENT

Application forms Basic Assessment Process – Notice of intent form prior to Public participation – Application form – Landowner consent form – Basic Assessment Report

Application: BASIC ASSESSMENT REPORT

Application forms/report format Basic Assessment Report – Prescribed format – 5 copies Note: – Public participation: All relevant Organs of State – Impacts: Construction and operation phase Decommissioning and closure

Application forms cont Upgrade from Basic Assessment to Scoping/EIA – Upgrade form  If approved use scoping/EIA forms  If denied use Basic Assessment forms

Basic Assessment Activities contained in Listing Notice 386 are subject to a basic assessment process Smaller scale activities Predicted impacts are generally known and can be easily managed Will be further limited through exclusions

StepActionWhoTime Frame 1Compile Basic Assessment Report and application form and submit to relevant authority EAPNot prescribed 2Review application for completeness and accept or reject (if rejected – applicant can resubmit) GDACE14 calendar days 3Consider application and report and direct applicant to Scoping or request additional information (or 3(b)) GDACE30 days from acceptance ORIf applicable, amend reports / provide additional information EAPNot prescribed ORReview application and report and issue decision. Notify applicant of conditions and appeal provisions GDACE30 days from acceptance or receipt of additional information 4Notify interested and affected parties of decision and appeal provisions EAP10 days after decision 5If applicable, consider and respond to appeals receivedMECUp to 90 days

BA Application Documentation Notice of Intent [R.22(b)(i)] – Submit prior to Public Participation process Application form [R.24(a)] & Landowner’s consent [R.16(1)] – Personal details, project description, site location – Landowner’s consent if different from applicant

BA Report with relevant technical information [R.23(1)] Activity Information – Relevant policies, alternatives, site plan, photo’s Location & Description of Receiving Environment – Location – Social, biophysical and cultural sensitivities – replicate for each location alternative Public Participation: All relevant Govt departments Resource Use & Process Details – Replicated for procedural, technological and other alternatives Impact Assessment – Assessment – Recommendations regarding preferred alternatives – EMP Appendices

Application: Upgrade BA to SCOPING AND EIA

SR/EIA Application Documentation Request to upgrade from BA (possible) – Detail motivation required Application Form – Same as for BA process Scoping Report & Plan of Study for EIA – Requirements as per regulations Following GDACE review & acceptance EIR – Requirements as per regulations

Application: SCOPING AND EIA

Application forms cont Scoping & EIA Process – Application form – Landowner consent form – Scoping report with Plan of study for EIA (no form, must comply with regulations) – EIA Report with EMP (no form, must comply with regulations)

Scoping and EIA Activities contained in Listing Notice 387 are subject to a thorough assessment process Activities that due to nature and/or extent is likely to have significant impacts Associated with high levels of pollution / waste / environmental degradation Impacts cannot easily be predicted Higher risk activities

StepActionWhoTime Frame 1Submit application form and relevant prescribed documents to the authority EAPNot prescribed 2After submission of Application form, conduct basic public participation and compile Scoping Report & Plan of study for EIA EAPNot prescribed 3Submit Scoping Report and plan of study for EIA to relevant authority EAPNot prescribed 4Consider Scoping Report and notify applicant of required amendments (or 4(b) GDACE30 days from receipt ORConsider and accept Scoping Report and PoS for EIA (or revised scoping report/ POS if 4(a) is relevant GDACE30 days from receipt of accepted reports 5Conduct EIA in line with approved POS and compile EIA Report and draft EMP. Submit reports to authority for consideration EAPNot prescribed

StepActionWhoTime Frame 6Consideration of reports followed and either accept it (see 7(a)) or refer parts of it for specialist review (see 7(b) and (c)) – notify applicant of outcome GDACE60 days from receipt 7Issue decision with conditions and notification of appeal provisions or 7(b) GDACE45 days from acceptance notice ORSpecialists conduct reviews of reports and submit review reports to authority SpecialistNot specified ORIf 7(b) applies, issue decision with conditions and notification of appeal provisions GDACEWithin 45 days of receipt of specialist reviews 8Notify interested and affected parties of decision and appeal provisions EAPWithin 5 days of decision 9If applicable, consider and respond to appeals received MECUp to 90 days

Application: COMBINING / CLASS ACIVITIES

Application: Combination of Applications [R.15] – Deals with same type of activity at different locations – Combination of different listed activities in same development – Class applications (identical activities at different locations

Application: EXEMPTION FROM CERTAIN PROVISIONS

Application forms cont Exemption [Chapter 5] – Distinct from current ECA exemption process – Exceptional circumstances (e.g. disaster situations) – No set review timeframe – Application for Exemption form  If granted or denied the next step is to  Apply for Basic Assessment; or  Apply for Scoping/EIA Exemptions Distinct from current ECA exemption process – Exceptional circumstances (e.g. disaster situations) – No set review timeframe

Application: AMENDMENT OF RODS

Application forms cont Amendment of Authorisation [Chapter 4] – Application for amendment of authorisation Reasons for Amendments – Impact of amendments considered: If granted: describe possible negative impacts If not granted: describe possible negative impacts

Application: APPEALS

Application forms cont Appeals – Notification of intent to appeal (no form, submit letter to MEC) – Appeal Form – available at MEC’s office)

BASIC ASSESSMENT Notify GDACE of proposed activity prior to public participation process (submitting application) GDACE acknowledge within 14 days Apply to GDACE using prescribed application form accompanied with Basic assessment report GDACE acknowledge within 14 days Authorise Deny authorisation Reject report Request for additional information Subject the application to Scoping and EIA GDACE review and respond within 30 days from acknowledgement

SCOPING REPORT AND EIA Apply to GDACE using prescribed application form accompanied with Scoping report GDACE acknowledge within 14 days GDACE review and respond within 30 days from acknowledgement GDACE review and respond within 60 days Accept SR Refer to Specialist review Request amendments Reject the report EIA report submitted to GDACE Accept EIA report Refer to Specialist Review Request amendments Reject the report If EIA report accepted, ROD within 60 days Rejected report may be amended and resubmitted

Thank you !