Draft Environmental Impact Assessment Regulations in terms of the National Environmental Management Act, as amended Presentation to the Portfolio and Select Committees, 17 May 2005

The Need For New Regulations The current regulations are only transitional The current regulations are only transitional A “one-size-fits-all” approach is followed A “one-size-fits-all” approach is followed The current processes are too cumbersome The current processes are too cumbersome Too many applications are dealt with through exemptions Too many applications are dealt with through exemptions The current regulations places a high administrative load on officials The current regulations places a high administrative load on officials The current process does not always ensure that adequate information for decision-making is submitted The current process does not always ensure that adequate information for decision-making is submitted The current list of activities is outdated and inflexible The current list of activities is outdated and inflexible There are concerns that the current regulations cause unnecessary delays for development There are concerns that the current regulations cause unnecessary delays for development

The Consultative Development Process Initial drafting stages involved numerous interactions with provinces Initial drafting stages involved numerous interactions with provinces First draft published on 25 June 2004 for initial comment (60 days) - ± 140 institutions / individuals submitted comments First draft published on 25 June 2004 for initial comment (60 days) - ± 140 institutions / individuals submitted comments Comments were taken into account, comments and response report drafted and made available Comments were taken into account, comments and response report drafted and made available Workshop with provinces Workshop with provinces Cabinet approval on 1 December 2004 Cabinet approval on 1 December nd draft published on 14 January 2005 (30 days) - ± 70 institutions / individuals submitted comments 2nd draft published on 14 January 2005 (30 days) - ± 70 institutions / individuals submitted comments Meeting with key critics Meeting with key critics Presentation to NEDLAC on 20 April 2005 Presentation to NEDLAC on 20 April 2005

Key Features of the New Regulations A mechanism for quick assessment of most applications (screening) A mechanism for quick assessment of most applications (screening) Reduces the number of interactions required between the applicant and the competent authority Reduces the number of interactions required between the applicant and the competent authority More sensitive and flexible listing of activities More sensitive and flexible listing of activities Different entry points for various activities Different entry points for various activities Provision for stricter application of regulations in sensitive areas Provision for stricter application of regulations in sensitive areas Specified report content to facilitate improved quality of reports and decision-making Specified report content to facilitate improved quality of reports and decision-making Provision for Environmental Management Frameworks Provision for Environmental Management Frameworks Provision for the recovery of costs Provision for the recovery of costs

The Key Differences Provision for screening provides a streamlined process Provision for screening provides a streamlined process “Class reports” provides for further streamlining “Class reports” provides for further streamlining Linked developments may be authorized together Linked developments may be authorized together Draft EMP required as part of EIR Draft EMP required as part of EIR Report contents specified in more detail Report contents specified in more detail Provision for transfers / amendments to authorizations Provision for transfers / amendments to authorizations Provision for timeframes Provision for timeframes Clarification regarding independence of EAP Clarification regarding independence of EAP A better specified list of activities A better specified list of activities

The Way Forward Final edit Final edit Submission to DG and Minister for approval Submission to DG and Minister for approval State Law Advisor Review State Law Advisor Review Translation Translation Publication Publication

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