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