South Africa’s revised Environmental Impact Assessment (EIA) regulations came into effect on Monday, the Department of Environmental Affairs and Tourism announced.
”It’s all systems go … Having gone through a rigorous legal process with stakeholders, and other parties making their valuable input in the process, we are happy that the new regulations are now law in this country,” department spokesperson JP Louw said.
The new regulations had been revised to be quicker, simpler and better, and resulted from a substantial consultative process.
They were published by Minister of Environmental Affairs and Tourism Marthinus van Schalkwyk on April 21.
Louw said: ”EIA is a pro-active and systematic process where potential environmental impacts, both positive and negative, associated with certain activities are assessed.”
The process also advised decision-makers on the desirability of such activities and on the conditions that authorisation of the activity should be subjected to, where relevant.
”In the nine years of regulated use of the EIA process, it has proved to be a valuable tool — assisting authorities in making informed decisions about development activities.
”The review of the EIA system has resulted in a more-efficient and effective process, while still ensuring environmental protection and sustainable development practices,” he said.
The list of activities requiring an EIA has been thoroughly reworked into nine thematic areas, including property development, energy generation and industrial activities.
These have been further divided into two schedules based on the nature and associated risk of the activity.
Those in schedule one, such as transformation of land to develop residential areas larger than three hectares, will now be subject to only a basic assessment process, while those in schedule two, like power stations, will require a thorough assessment process (scoping and EIA).
It is estimated that these lists, and the introduction of development thresholds, will see the number of EIA applications reduced by up to 20%.
An important feature of the new regulations is the introduction of compulsory time frames to which authorities must adhere.
”Under the new regulations, authorities will be obliged to deliver within 14 days for purely administrative actions, within 45 days for review and decision-making on minor reports and between 60 to 105 days for review and decision-making on complex reports,” Louw said.
”Therefore, as of July 3, before commencing with an activity identified in the 2006 regulations and schedules, an applicant must comply with the requirements in terms of processes and content as stipulated in the new regulations.”
The new regulations will only apply to new matters. Applications submitted in terms of the previous regulations will be concluded following the process and requirements stipulated in the old regulations, he said. — Sapa