1. AfriForum
THE EFFICACY OF SOUTH AFRICA’S ENVIRONMENTAL IMPACT ASSESSMENT REGIME
By Julius Kleynhans, Head of Environmental Affairs
Parliament, 31 July 2013 •

2. “The lack of political will and the greed of society will result in the extinction
of our natural heritage and resources, biotic and abiotic” – Julius Kleynhans

3. Proposed Definitions
It was mentioned that “Environmental Infrastructure” should be amended as a definition
We would like to add definitions of 'Natural Capital‘ and ‘Natural Capital Accounting’ •

4. 'Natural Capital‘
Natural capital is the stock of natural resources, such as water and oil. Unlike other forms of equity (such as machines and buildings), which can be created on a regular basis, many natural resources are non-renewable.
Natural capital includes many resources on which humans and other animals depend to live and function, which creates tension between depleting and preserving those resources.
The depletion of natural resources must be acknowledged and quantified when the total cost of a particular development is calculated.
A company may be making huge profits and may be generating jobs, but if the same project depletes the natural capital of an economy significantly, such a project may actually have a detrimental effect on the total welfare. •

5. ‘Natural Capital Accounting’
Natural capital accounting is the process of calculating the total stocks and flows of natural resources and services in a given ecosystem or region.
Accounting for such goods may occur in physical or monetary terms.
This process can subsequently inform government, corporate and consumer decision-making as it relates to the use or consumption of natural resources and land, and sustainable behaviour. •

6. DEA vs. DMR
The Environmental Authorization (EA) process must remain with the Department of Environmental Affairs (DEA) to avoid a monopoly forming in those departments which are chasing economic development, such as the Department of Minerals (DMR).
It appears at the moment as if the DMR is trying to issue as many licenses as possible without calculating the risks to the environment.
All NEMA-listed activities must apply to mining areas. There are currently too many unresolved issues pertaining to this topic. •

7. Public Participation Process
A problem we face is the diversity of cultures and languages. If a Public Participation Process (PPP) is done in a specific language, it must be followed through accordingly.
The general language is English, but research has shown that different cultures respond better when addressed in their own languages.
The National DEA must provide proper translation and interpreting services to incorporate each person’s comments accurately into the EIA process.
Lack of capacity is understandable. It is, however, unacceptable for a national department to send a document back to a community, informing that community that the community must translate the document if it is not accessible to them. •

8. Public Participation Process
The reliability of information is a critical issue.
This is also why a PPP must be implemented, not at minimum requirements but optimally, to ensure a proper investigation which includes all the relevant economic, social and environmental factors in that community.
We believe that the community can and should contribute to the process of assessing impacts, weighting negative impacts, and balancing development and environmental impacts.
No PPP may take place between 15 December nand 2 January. Exceptional circumstances should not be cited as an excuse to push through unpopular decisions. •

9. Public Participation Process
PPPs must be properly promoted to ensure that everyone who is interested or affected can submit their comments.
These notifications must also include a guideline document to inform these parties on how the PPP works, what it means and why they must be involved.
To ensure better participation, meetings must be held in a location which accommodates everyone.
Information must be distributed via the current channels, but also in schools to increase distribution. We also suggest that all available channels be used. •

10. Environmental Practitioners
Environmental practitioners must be affiliated with a national body to ensure high quality standards, compliance with policy, transparency in projects and communication.
They must ensure that both entities, i.e. the applicant and the interested and affected parties (I&AP’s) are equally serviced in a neutral EIA environment.
Legislation must ensure best practice and enforce penalties where needed •

11. DEA Capacity vs. EIA
The capacity and expertise of the DEA must be broadened to ensure environmental compliance in all sectors and sustainable development for the future.
There is insufficient personnel and high staff turnover within the departments.
This has a detrimental effect on the implementation, understanding and enforcement of the EIA legislation. •

12. Environmental Authorization
Many developments take place without proper Environmental Authorization (EA).
Companies have financial power and do not mind paying a fine of millions of rand, due to the profit the development proposes to make.
Legislation must be adapted to prevent wealthy companies from exploiting the economic and social needs of the country in order to push through developments which will deplete natural capital. •

13. Environmental Authorization
Areas where EA has to be granted, must be mapped to indicate where the EA is effective to avoid future further expansion and ecological degradation due to uninformed, legal manipulation.
The environmental management principles must be implemented into the EIAs at all times, especially “Sustainable Development”, “Cradle to Grave” and “Polluter Pays”. These principles may form part of the EA T&Cs.
We would also recommend that a separate Terms & Conditions document be added to hold the Developer accountable for the effects and misconduct of such a development to the affected parties. •

14. EIA Reports Seasons must be taken into account.
Duplication of reports must be avoided. There must also be penalties where applicable.
EIA is aimed at informing project planning and design. Unfortunately, it is often used to justify what is already planned. •

15. EIA vs. State-bound
This legislation must be State-bound and all compliance enforcement, criminal liability and penalties must be bound to State to ensure that the law is respected by all and implemented democratically.
The State is the custodian of our minerals, water and natural resources and the State should also be accountable for the well-being of these natural assets. •

16. Conclusion We have to identify the no-go zones and treat them as such.
If these issues are not addressed as a matter of extreme urgency, we might be left with a couple of stones but no water or food.
We need long-term economic solutions which protect that natural environment. •

17. Thank you, Parliament
AfriForum would like to thank Parliament for the opportunity to comment on this essential tool to ensure the most effective legislation be drafted to increase best decision-making principles for a sustainable South Africa. •

18. The End •