As South Africa steps into a new chapter with the Climate Change Act, it is crucial to question the depth of its commitment and the substance of its promises. (Kevin Frayer/Getty Images)
The days of ignoring the consequences of greenhouse gas emissions that are accelerating climate change are over.
New draft guidelines published in June for comment provide a guide on climate change considerations before a project can go ahead.
The guidelines are considerations to take into account during the environmental impact assessment phase and are not tied to any regulation, which makes the guidelines less of a law and more of a best practice guide.
But it will affect the outcome of approval from the environment, forestry and fisheries department. The draft regulation recognises existing cases such as the precedent setting Thabametsi coal fired power station case heard in the high court, where the environmental clearance was overturned for neglecting to consider the effects of climate change.
“The case displayed the importance of holding those at the helm of decision-making processes accountable, considering future generations by ensuring that whatever we do now is in line with human rights entrenched sustainable guidelines,” said Earthlife Africa’s Makoma Lekalakala. “SA has committed itself to reducing greenhouse gas emissions and is a signatory to a number of agreements and treaties and protocols including conventions that aim to protect life on Earth and improve human rights.”
The department said the new guidelines are the minimum requirements for climate change assessments in applications. The guideline will also assist authorities in determining whether to approve them.
Earthlife Africa, along with other rights groups who brought the application and the landmark ruling against two fossil developments, says the new guidelines are a positive step for the future of fossil fuel projects.
Thabametsi’s climate-related halt was followed by another climate-related ruling against the planned Khanyisa coal-fired power station.
“There is a slim chance that any fossil fuels will get a nod from the department,” said Lekalakala.
Applicants for environmental approval of high emitting initiatives will also be required to hire a specialist to assess its contribution to climate change — although the draft guidelines add that this should not be seen as an obstacle.
The guidelines state that specialist input is important for identifying flaws in the early stage of an initiative and will give the applicants the opportunity to formulate practical design alternatives and enhance development benefits.
When must a climate assessment be done?
According to the draft document out for comment until 25 July 2021, examples of projects with possible climate change consequences include those that will affect water sources, water resource systems, coastal systems and wetlands.
This includes but is not limited to fossil-fueled electricity generation, industrial initiatives that contribute to carbon emissions, feedlots, waste disposal facilities and clearance of vegetation, particularly where vegetation is important for carbon capture.
The guidelines also outline that the policy document only applies when the environmental consequences are significant.
The Centre for Environmental Rights said the draft national guidelines aim to create a consistent approach for climate change considerations in environmental impact assessments and other environmental permits. The guidelines establish minimum requirements for climate change assessments.
Strengthened regulatory guidelines and policy are expected to make it harder to get environmental approval for initiatives that will emit a large amount of greenhouse gases.
Lekalakala said: “Coal will remain a stranded asset as there are massive investments in renewable energy technologies. Globally investment companies and banks are now committed to financing the future,” adding that the Thabametsi and the Khanyisa environmental impact assessments failed and both were set aside.
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