| |

Antarctica and Islands

Biodiversity

Coastal Management

Conservation

Environmental Management

Marine

Poverty Relief

Sustainable Development

Tourism

Environmental Quality Protection

Biodiversity & Conservation

Support Services

International Liaison and Coordination

Governance and Planning

|

GUIDELINE DOCUMENT

EIA REGULATIONS

IMPLEMENTATION OF SECTIONS 21 22 AND 26 OF THE
ENVIRONMENT CONSERVATION ACT

APRIL 1998

ENVIRONMENTAL IMPACT MANAGEMENT
Department of Environmental Affairs and Tourism

Acknowledgement

This Guideline Document has been compiled by Mrs Elize Swart and finalised by Mr Coenrad Agenbach of the Department of Environmental Affairs and Tourism. Special mention should be made of Messrs Wynand Fourie, Paul Claassen, Jerry Lengoasa, Johan Benadé and Danie Smit of he Directorate: Environmental Impact Management of the Department of Environmental Affairs and Tourism for their contributions and expertise in this regard. Authorities on national and provincial level as well as individuals were consulted in the development of this Guideline Document. The Department fully acknowledges all contributions and time so willingly given.

All enquiries should be addressed to:

Deputy Director: Environmental Impact Regulation
Department of Environmental Affairs and Tourism
Private Bag X447
PRETORIA
0001

Tel: (012) 310-3659
Fax: (012) 322-2682

Note: This Guideline Document is intended for educational purposes only. It should not be perceived as a substitute for the provisions in terms of sections 21, 22 and 26 of the Environment Conservation Act, 1989. In the event of any inconsistency between this Guideline Document and the Act, the latter would prevail.

No part of this document may be reproduced in any manner without full acknowledgement of the Department.

Published by the Department of Environmental Affairs and Tourism
April 1998

TABLE OF CONTENTS

Preface
Glossary of terms

1.

INTRODUCTION

2.

DESCRIPTION OF ACTIVITIES

3.

REGULATORY PROCEDURAL GUIDELINES

3.1

Roles and Responsibilities of various role players in complying with the regulations

3.2

The Application and EIA process

| APPENDICES

Appendix 1:

Appendix 2:
Appendix 3:

Appendix 4:

Appendix 5:

Appendix 6:

Appendix 7:

Appendix 8:

Appendix 9:

An example of a declaration form for the consultant to declare that there are no vested interests in the proposed activity

An example of a Record of Decision

South Africa’s international environmental commitments

Demarcated areas of national or international importance

Address list of provincial environmental departments

Applicable sections in the Constitution of South Africa, 1996

Example of an application form

Scheduled processes under the Second Schedule to the Atmospheric Pollution Prevention Act, 1965 (Act No. 45 of 1965)

Sections relating to the implementation of sections 21, 22 and 26 of the Environment Conservation Act, 1989

| FIGURES

Figure 1:
Figure 2:

Figure 3:

Application Procedure

Example of an on-site notice

Example of a press advertisement

| REFERENCES

PREFACE

Environmental impact management should play a more significant role in all spheres of society. As determined in Schedule 4 of the Constitution of South Africa, 1996, the environment is a concurrent function of the relevant national and provincial departments. For the national and provincial environmental departments, a major role is inter alia to set specific regulatory norms and standards for impact management and to ensure that individuals and organisations meet these.

In order to provide for thorough and uniform control of the environmental impact of development projects, draft legislation for compulsory environmental impact assessment (EIA) was published for comment on 4 March 1994 and an amended draft on 1 November 1997. A participatory process to finalise this draft legislation for promulgation has been completed. Comprehensive comments have been received from interested parties and several workshops have been held to address the issues and concerns raised in this regard.

A Comments and Response Report has been published and is available on request. One of the major recommendations was that a Guideline Document be published to provide the various role players with a uniform basis for implementing the regulations. The Draft Guideline was published by the Department of Environmental Affairs and Tourism in September 1997 to coincide with the publication of the List of Activities and Regulations for EIAs in the Government Gazette of 5 September 1997, in terms of section 21, 22 and 26 of the Environment Conservation Act, 1989. The Draft Guideline was subsequently revised and finalised in view of comments received.

The promulgation of legislation for compulsory EIA may be regarded as a very significant step in formalising environmental impact assessment in South Africa and is in line with similar developments internationally. In this manner the integration of environmental impact management with development activities will be facilitated. This should lead to more responsible and environmentally sensitive development.

GLOSSARY OF TERMS

Agricultural

This means land zoned or used for agricultural purposes.

Affected environment

Those parts of the socio-economic and biophysical environment impacted on by the development.

Alternatives

A possible course of action, in place of another, that would meet the same purpose and need (of proposal). Alternatives can refer to any of the following but are note limited hereto: alternative sites for development, alternative site layouts, alternative designs, alternative processes and materials. In Integrated Environmental Management the so-called "no action" alternative may also require investigation in certain circumstances.

Assessment

The process of collecting, organising, analysing, interpreting and communicating data that are relevant to some decision.

Commencement

Begin to act on site on any listed activities 1(a) to 1(o), 3, 4, 5, 6, 7, 8 and 9. In the instance of 2(c) to 2(e) commencement will mean the actual lodging of an application for rezoning.

Development

The act of altering or modifying resources in order to obtain potential benefits.

Environmental impact

The degree of change in an environment resulting from the effect of an activity on the environment, whether desirable or undesirable. Impacts may be the direct consequence of an organisation’s activities or may be indirectly caused by them.

Environmental impact assessment

A process of examining the environmental effects of a development.

Environmental impact report

A report describing the process of examining the environmental effects of a development proposal, the expected impacts and the proposed mitigating measures.

Environmental issue

A concern felt by one or more parties about some existing, potential or perceived environmental impact.

Evaluation

The process of weighing information, the act of making value judgements or ascribing values to data in order to reach a decision.

Independent consultant

A consultant not in the permanent service of the applicant. In addition a consultant ceases to be independent if:

D involved in any design or work of the same project;

Earns more than 50% of his or her work from the same company;
Payment depends on the successful authorisation of the application.

Consultants in the permanent services of the applicant are referred to as "in house" consultants.

Integrated environmental management (IEM)

IEM provides an integrated approached for environmental assessment, management, decision-making and to promote sustainable development and the equitable use of resources. Principles underlying IEM provide for a democratic, participatory, holistic, sustainable, equitable and accountable approach.

Interested party

Individuals or groups concerned with or affected by an activity and its consequences. These include the authorities, local communities, investors, work force, consumers, environmental interest groups and the general public.

Irreversible impact

When the character, diversity or reproductive capacity of an environment is permanently lost.

Land use

The activities that take place within a given area or space.

List of activities

Development actions that are likely to result in significant environmental impacts as identified by the Minister of Environmental Affairs and Tourism in terms of sections 21 of the Environment Conservation Act, 1989.

Mitigation

Measures designed to avoid, reduce or remedy adverse impacts.

Monitoring

The repetitive and continued observation, measurement and evaluation of environmental data to follow changes over a period of time to assess the efficiency of control measures.

Negative impact

A change that reduces the quality of the environment (for example, by reducing species diversity and the reproductive capacity of the ecosystem, by damaging health, property or by causing nuisance).

Relevant authority

The environmental authority on national, provincial or local level entrusted in terms of the Constitution and in terms of the designation of powers in Notice No. R. 1184 of 5 September 1997 with the responsibility for granting approval to a proposal or allocating resources.

Resort

Place frequented by people for holiday, sport, recreation, health or similar purpose.

Scoping

The process of identifying the significant issues, alternatives and decision points which should be addressed by a particular EIR, and may include a preliminary assessment of potential impacts.

Significant impact

An impact that, by its magnitude, duration of intensity alters an important aspect of the environment.

Upgrade

Includes the enlargement or expansion of an activity, but excludes regular or routine maintenance and the replacement of inefficient or old equipment, plants or machinery where such does not have a detrimental effect on the environment.

Value judgement

A statement of opinion or belief which is not capable of being falsified by comparison with fact.

INTRODUCTION

1.1 OBJECTIVES OF SECTIONS 21, 22 AND 26 OF THE ENVIRONMENT CONSERVATION ACT, 1989

The above-mentioned provisions in the Act have the following objectives:

to ensure that the environmental effects of activities are taken into consideration before decisions in this regard are taken;
to promote sustainable development, thereby achieving and maintaining an environment which is not harmful to people’s health or well-being;
to ensure that identified activities which are undertaken do not have a substantial detrimental effect on the environment; and
to prohibit those activities that will;
to ensure public involvement in the undertaking of identified activities; and
to regulate the process and reports required to enable the Minister or his designated competent authority to make informed decisions on activities.

1.2 GUIDING PRINCIPLES

The following principles apply to the implementation of sections 21, 22 and 26 of the Act:

Early application

This legislative process should be applied as early in the proposed activity’s planning stages as practicable and before irrevocable decisions are made, in order to ensure that environmental considerations are incorporated pro-actively into decisions taken.

Accountability

Applicants are accountable for the potential impacts of activities being undertaken as well as managing these impacts. Decision-makers are accountable for decisions taken with regard to authorising identified activities.

Open and participatory approach

The public is involved in decisions taken with regard to the undertaking of identified activities.

1.3 OBJECTIVES OF THE GUIDELINE DOCUMENT

This document is aimed at:

providing the applicant, business and industry, NGOs, the public, labour organisations and the authorities on national, provincial or local government level with a uniform basis for implementing sections 21, 22 and 26 of the Environment Conservation Act, 1989;
providing background information regarding the legislation controlling environmentally harmful activities;
assisting applicants with the preparation, completion and submission of applications and required environmental and report(s); and
assisting authorities in determining their roles and responsibilities as decision-makers.

DESCRIPTION OF ACTIVITIES

For the purpose of the relevant notice in the Government Gazette the following description of activities will apply (Provided that this Notice is not applicable to an activity that was commenced with before the date of commencement fixed in respect of that activity as indicated in said Schedule).

1. The construction or upgrading of:

(a) facilities for commercial electricity generations and supply;

This means electricity generation facilities with an output of 1 (one) megawatt or more. Other facilities referring to generation and supply mean the associated electrical substations and transmission lines.

(b) nuclear reactors and installations for the production, enrichment, reprocessing and disposal of nuclear fuels and wastes;

This includes a facility, installation, plant or structure which has been designed for, or has been adapted for, or may involve the carrying out of, any process within nuclear fuel cycle involving radioactive material and which is capable of causing environmental damage.

(c) transportation routes and structures, and manufacturing, storage, handling or processing facilities for any substance which is considered as dangerous or hazardous and is controlled by national legislation;

This includes transportation routes for any dangerous or hazardous substances transported by road, railway, pipeline or by air. It is only necessary for the applicant to submit the required environmental reports for authorising this activity once. Should the original transportation route or the means of transportation be changed, then the applicant is required to again apply for the necessary authorisation in this regard and submit the required environmental reports.

Service stations, petroports, etc. are included.

"Hazardous substances" means any substance or a mixture of substances, product or material declared to be hazardous substance under section 2(1) of the Hazardous Substance Act, 1973.

(d) roads, railways, airfields and associated structures and activities outside the borders of town planning schemes;

"Road" means:

any road declared under section 4(1)(a) of the National Roads Act, 1971 (Act No. 74 of 1971), a national road and this includes a part of such road or route; or

a "toll road", by which is meant any road for which a fee is charged for the use thereof; or national freeways; of

a provincial road numbered and administered by a provincial authority and arterial roads and major collector streets administered by a metropolitan or local authority, or

any road in a designated sensitive area or in any area regarded by the relevant authority as sensitive.

"Railways" means:

any railway which fell under the auspices of the former ‘South African Transport Services" as referred to in the Legal Succession to the South African Transport Services Act, 1989 (Act No. 9 of 1989) and which now falls under the auspices of "the Company" referred to in section 2 of the Act; or

any private railway exceeding 1 km in length, and includes marshalling yards and other major fixed support infrastructure.

"Airfields" means a defined area on any land, water or building intended to be used either wholly or in part for the arrival, departure or movement or aircraft, and includes its runway, any building, installation or equipment within any such area relate to aircraft storage, engine testing or air cargo handling. This also includes a helipad within 300m of existing or planned urban/residential development.

(e) marinas, harbours, and all structures below the high-water mark of the sea;

Marinas, harbours and all structures below the high-water mark of the sea means any facility where vessels arrive, depart from, handling cargo or receive services.

(f) cableways and associated structures;

This includes cableways, funiculars and associated structures used for mining and industrial purposes. In the context of recreational facilities, this means the construction of cableways for the purpose of transporting groups of people in a cable car to places that are difficult to reach or to enjoy the scenic landscape of such places.

(g) structures associated with communication networks, other than telecommunication lines and cables, as well as access roads leading to these structures;

This includes television and radio masts for broadcasting purposes, radio air traffic control towers and navigation systems as well as microwave towers and similar infrastructures.

When an EIA is conducted for these structures, it is important to note that not only the physical impact of the activity and its specific location is assessed, but also the visual and associated/peripheral impacts that users of the communication medium can have on and in the service area of that structure.

(h) racing tracks for motor-powered vehicles and horse racing, excluding indoor tracks;

Structures associated with racing tracks for motor-powered vehicles and horse racing are included. "Racing tracks for motor-powered vehicles" includes temporary tracks.

(i) canals and channels, including diversions of the normal flow of water in a riverbed and water transfer schemes between water catchments and impoundments;

Water transfer schemes means any transfer where:

the diverted flow does not return to the stream, within 20 km of the point of withdrawal, or

the mean annual flow transferred is not less than 0,5 cubic metres per second.

"Canal" means an artificial watercourse for inland navigation or for irrigation.

"Channel" means a natural or artificial bed or running water; comparatively narrow piece of water joining two large pieces.

Water pipelines of major schemes which is controlled by legislation is also included under the activity.

(j) dams, levels or weirs affecting the flow of a river;

Dams, reservoirs, levees or weirs means any structure wholly or partially constructed by man, affecting the flow of a river.

(k) reservoirs for public water supply;

(l) schemes for the abstraction or utilisation of ground or surface water for bulk supply purposes;

"bulk supply" is water supplied in a significant volume to a local authority, which in turn reticulates it to individual consumers. It is also supplied in bulk to mines, industries and agricultural schemes in some cases.

(m) public and private resorts and associated infrastructure;

A resort is a place frequented by people for holiday, sport, recreation, health or similar purpose.

(n) sewage treatment plants and associated infrastructure; and

These include sewage treatment plants and associated infrastructure with an installed capacity of more than 15 000 cubic metres per day; or
sewage treatment plants and associated infrastructure with an installed capacity of more than 5000 cubic metres per day and a boundary of which is less than 200 metres from the nearest boundary of an existing or planned residential area, place of worship, educational institution, health care institution, marine park/reserve or sea-water intake point; or
where the receiving environment can be regarded by the relevant authority as environmentally sensitive.

(o) buildings and structures for industrial and military manufacturing and storage of explosives or ammunitions or for testing or disposal of such explosives or ammunition.

"Explosives" means:

gunpowder, nitro-glycerine, dynamite, gun cotton, blasting powders, fulminate of mercury or other metals, coloured fires and every other substance, whether similar to those herein mentioned or not, which is used or manufactured with a view to produce or manufactures with a view to produce a practical effect by explosion or pyrotechnic effect, or

any fuse, rocket, detonator, cartridge, and every adaption or preparation of an explosive; or

any other substance which the President may from time to time by proclamation in the Government Gazette declare to be an "explosive" (adapted from the Explosives Act, 1956 (Act No. 26 of 1956).

Testing site includes missile and missile fuel testing sites.

2. The change of land use from:

(a) residential use to industrial or commercial use (suspended until further notice: Government Notice No. R 18783 of 27 March 1998);

(b) light industrial use to heavy industrial use (suspended until further notice: Government Notice No. R 18783 of 27 March 1998);

(c) agriculture or undetermined use to any other land use;

(d) use for grazing to any other form of agricultural use; and

(e) use for nature conservation or zoned open space to any other land use.

3. The concentration of livestock in a confined structure for the purpose of mass commercial production.

4. The intensive husbandry of, or imported of, any plant or animal that has been declared a weed or an invasive alien species.

Any plant which has been declared a weed or invader plant under section 2(3) of the Conservation of Agricultural Resource Act, 1983, (Act No 43 of 1983);
Any plant or animal declared to be an invader plant or animal in terms of any provincial ordinance;

5. The release of any organism outside its natural area of distribution that is to be used for biological pest control.

6. The genetic modification of any organism with the purpose of fundamentally changing the inherent characteristics of that organism.

"Genetically modified" means:

any experimental or industrial technology used alter the genome of a living cell so that it can produce more of different chemicals or perform new functions; or
the manipulation of genes in ways that bypass normal sexual or asexual transmission.

This excludes the cloning of any organism for improved commercial purposes.

7. The reclamation of land below the high water mark of the sea and in inland water including wetlands.

The reclamation of land as intended in section 5(2) of the Sea-shore Act, 1935 (Act No. 21 of 1935), from sea. "Sea" means the water and the bed of the sea below the low-water mark and within the territorial waters of South Africa, including the water and the bed of any tidal river and of any tidal lagoon.

"High-water mark" means the highest line reached by the water of the sea during ordinary storms occurring during the stormiest period of the year, excluding exceptional or abnormal floods.

Wetlands are those areas transitional between terrestrial and aquatic systems, where the water table is usually at or near the surface or the land is periodically covered with shallow water; or are deep water habitats which are permanently flooded. Wetlands must have one or more of the following attributes:

at least periodically, the land supports predominantly hydrophytes;
the substrate is nonsoil and is saturated with water or covered by shallow water at some time during the growing season of each year;

the surface water is permanent and often deep, so that water is the principal medium within which the dominant organism live, whether or not they are attached to the substrate.

8. The disposal of waste as required in terms of section 20 of the Environment Conservation Act, 1989.

"The disposal of waste" means the discarding or disposal of any matter whether solid, liquid or gaseous. This includes the disposal of waste falling under the provisions of section 21(1) of the Water Act, 1956 governing the purification and disposal of water used for industrial purposes and effluent, or to a ‘water care work" as defined in section 1 of the Water Act, 1956, but shall not include the private disposal of domestic waste.

9. Scheduled processes listed in the Second Schedule to the Atmospheric Pollution Prevention Act, 1965 (Act No. 45 of 1965).

3. REGULATORY PROCEDURAL GUIDELINES

3.1 ROLES AND RESPONSIBILITIES OF VARIOUS ROLE PLAYERS IN COMPLYING WITH THE REGULATIONS

3.1.1 THE APPLICANT

The applicant is responsible for complying with all the requirements of the regulations, that include:

to appoint an independent consultant who will on behalf of the applicant, comply with these regulations;

The applicant can appoint an independent consultant or a multi disciplinary group of consultants from one consulting firm or from various firms.

The expertise and knowledge of "in-house" consultants may be utilised by the independent consultant to comply with the regulations.

to ensure that the independent consultant has:

expertise in the area of environmental concern being dealt with in the specific application;
the ability to manage the public participation process required;
the ability to produce thorough, readable and informative reports;
access to adequate systems to preserve all data gathered; and
a good working knowledge of relevant environmental impact management, policies, legislation, guidelines and norms and standards.

to be responsible for all processes, information, plans and reports produced in complying with the regulations;

to ensure that the consultant has no financial or other interest in the undertaking of the proposed activity, except from complying to the requirements in the regulations;

to be responsible for all costs incurred in complying with the regulations;

to be responsible for the public participation process; and

to indemnify the government from any liability arising out of the content of any report, procedure or action for which the applicant or the consultant(s) is responsible for in terms of the regulations.

3.1.2 THE CONSULTANT

The independent consultant acts on behalf of the applicant in complying to the regulations and is responsible to the applicant:

to ensure that he/she has:

expertise in the area of environmental concern being dealt with in the specific application;
the ability to manage the public participation process required;
the ability to produce thorough, readable and informative reports;
access to adequate systems to preserve all data gathered;
a good working knowledge of relevant environmental impact management, policies, legislation, guidelines and norms and standards;

for all processes, information, plans and reports produced in complying with the regulations;

to ensure that he/she has no financial or other interest in the undertaking of the proposed activity, except from complying with the requirements in the regulations;

to ensure that they provide the relevant authority access to all information;

for the public participation process; and

to ensure that the consultant provides the relevant authority access to all pertinent information;

n to indemnify the government from any liability arising out of the content of any report, procedure or action for which the applicant or the consultant(s) is responsible for in terms of regulations.

While working for any applicant in terms of these regulations, a consultant may not work for any relevant authority in respect of the same application.

Declaration of interest/independence

An example of a declaration form for the consultant to declare that there is vested interests in the proposed activity is provided in Appendix 1.

3.1.3 THE INTERESTED PARTIES

The interested parties are responsible to:

provide input and comments during various stages of the EIA process. It is suggested that input and comments of the interested parties be obtained during the following stages:

the scoping stage (identify the issues and alternatives to be considered);
assessing and mitigating impacts;
review of the environmental impact report; and
implementation and monitoring

provide their inputs and comments within the specific time-frames as specified by the applicant/consultant and relevant authority.

3.1.4 RELEVANT ENVIRONMENTAL AUTHORITY

The provincial environmental authorities has been designated as the relevant authority and will receive all applications for consideration. Where a local authority has been designated as the relevant authority, the application must be submitted to that authority. In the following instances the relevant provincial authority will refer the application to the national Department of Environmental Affairs and Tourism, although applications must still be lodged with the relevant provincial authorities:

where the activity concerned has direct implications for national environmental policy or international commitments or relations (see Appendix 3);

where the environment under threat is demarcated as an area of national or international importance (see Appendix 4);

where the Minister of Environmental Affairs and Tourism and the relevant authority jointly decide that an application should be considered by the Minister;

where a national government department, the relevant provincial authority or a statutory body is the applicant;

where the proposed activity has the potential to affect the environment across the borders of two or more provinces.

3.1.4.1 RESPONSIBILITIES

The responsibilities of the relevant environmental authority include:

Compliance with regulatory requirements

The relevant authority is responsible to ensure that the applicant/consultant complies with the requirements of the regulations. This includes authority and applicant compliance with all responsibilities at various stages of the application procedure.

Inter-departmental co-operation and consultation

The implementation of these regulations requires close co-operation and consultation with other relevant government departments at various levels. Interdepartmental consultation and harmonisation of administrative and decision-making processes are essential for the effective implementation of the regulations. It is the responsibility of the national Department of Environmental Affairs and Tourism as well as each Province to establish their own mechanisms for consultation and co-operation with other government departments.

Consultation with applicant and consultant

Consultation with the applicant/ consultant throughout the application procedure is essential in order to provide general guidance on procedures, information and reports required. In this regard, it is also the responsibility of the relevant authority to provide the applicant with any guidelines, as well as access to any other information in possession of the relevant authority, that my assist the applicant in fulfilling its obligations in terms of these regulations.

Evaluation/review and decision-making

It is the responsibility of the relevant environmental authority to:

ensure that the evaluation/review and decisions required in terms of these regulations are done efficiently and within a reasonable time, and that the applicant is informed immediately of any delay and is provided with a written explanation for any delay that may occur;

make recommendations during authority review stages of the application procedure to improve or rectify procedures followed, information provided and environmental reports submitted;

ensure that authorities, peers or consultants reviewing any procedures followed, information provided and environmental reports submitted by the applicant/consultant have:

expertise in the area of environmental concern being dealt with in the specific application;
the ability to perform the evaluation tasks contemplated in these regulations efficiently;
the ability to timeously produce thorough, readable, and informative documents; and
good working knowledge of all relevant policies, legislation, guidelines, norms and standards;

Requiring only adequate information to make informed decisions

It is the responsibility of the relevant authority to try to keep the inputs required from the applicant to the minimum that are necessary to make an informed decision on the application, without putting any limitation on the rights that interested parties may have in terms of these regulations.

3.1.4.2 SPECIFIC RESPONSIBILITIES OF PROVINCIAL ENVIRONMENTAL DEPARTMENTS

Exemptions

In terms of section 28A of the Environment Conservation Act, 1989 the Minister or competent authority may exempt persons, local authorities and government institutions form complying with specific provisions of the Act.

Designation of local authorities as relevant authorities

Provision has been made in the regulations for the relevant provincial authorities (designated in the Government Gazette of 5 September 1997 (Notice No. R. 1184) by the (national) Minister of Environmental Affairs and Tourism (EA&T) as a competent authority) to identify local authorities that could be designated by the Minister of EA&T to act as competent authorities. This relevant provincial authorities must in writing request the Minister to designate authority in this regard to identified local authorities.

A local authority must follow the following procedure to be designated in terms of section 22(1) of the Act as a competent authority for the implementation of the regulations:

The local authority must first approach the relevant provincial authority and ask that provincial authority if they are prepared to, in turn, request the Minister of EA&T to designate the local authority as a competent authority that will issue authorisations for developments on their behalf. As the provinces know the local situation well, they are in the best position to decide if a local authority will be competent. Once the relevant province has decided on the designation of the local authority as the relevant authority, the MEC of that province must make a recommendation to the Minister of EA&T on the decision.

Identified activities involving international commitments

Relevant provincial authorities should:

acquaint themselves with the international conventions ratified by South Africa;
consult with the national Department of Environmental Affairs and Tourism in this regard if required; and
refer the application to the Minister of Environmental Affairs and Tourism for consideration as required by regulation 3(a) and 3(b).

3.1.4.3 SPECIFIC RESPONSIBILITIES OF THE NATIONAL DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM

The national Department of Environmental Affairs and Tourism will play a lead role in the implementation of these regulations through:

undertaking bilateral negotiations with other relevant national departments to streamline administrative and decision-making processes; and
co-ordinating the implementation of these regulations on national and provincial level and to provide guidance and advice on addressing the constraints with regard to implementation.

International commitments

International commitments and conventions place specific environmental impact management requirements and obligations on the South African Government in complying with the aims and objectives of these conventions. Special procedures and reports may be required in cases where the proposed undertaking of an identified activity may:

influence or affect compliance to these conventions; or
is likely to have a significant detrimental effect on an area involving a convention; or
have an effect across South Africa’s international boundaries that may influence compliance with the requirements of a specific convention.

Should a proposed activity influence or affect compliance with any requirements of these conventions, the national Department must:

notify the affected country or the signatory countries of the proposed undertaking of that activity (notification guidelines are prescribed in the various conventions);
allow the public to comment on the proposed activity, if requested to do so;
ensure that an EIA be conducted in line with requirements determined by that convention, if necessary; and
inform the affected country/signatory countries of the final decision taken in that regard.

3.1.5 OTHER RELEVANT AUTHORITIES ON NATIONAL, PROVINCIAL OR LOCAL LEVEL

Some activities identified require the permission or authorisation of other national sector departments as well as other provincial and local authorities. Without close co-operation and co-ordination, the undertaking of a specific activity may result in unnecessary duplication, confusion and excessive costs for all parties involved.

Harmonisation of administrative and decision-making processes are essential if the environmental impacts of identified activities are to be assessed in an effected and consistent way throughout South Africa. Harmonisation would also help create a more favourable atmosphere for authorities in streamlining their decision-making processes and reducing uncertainties and delays.

Bilateral agreements with such authorities may provide guidelines for the roles and responsibilities of each authority in the undertaking of such activities. Authorities must therefore commit themselves to establishing appropriate mechanisms for consultation and co-operation at various stages of evaluating and authorising the undertaking of listed activities. The following framework may serve as the foundation for bilateral agreements:

confirms each authority’s jurisdictional responsibilities for authorising identified activities;
acknowledges the need for clear and consistent rules that eliminate unnecessary duplication and are sensitive to the needs of the applicants/developers and to concerns for a timely and fair process;
affirms the need for a "one window" approach that provides authorities involved with the information they may require; and
establishes the mechanisms to allow for intergovernmental co-operation at all steps of the authorisation process to undertake identified activities.

The bilateral agreement under the framework may include provisions for:

early notification of activities to be undertaken (of shared interest) to allow for co-operative evaluation and authorisation thereof;
establishing the "lead authority" in administering the authorisation processes;

co-ordination of decision-making by both authorities with mutually agreeable time frames; and guidelines for the establishment of a "joint review committee".

3.2.THE APPLICATION AND EIA PROCESS

(Figure 1 describe the application procedure to be followed to obtain authorisation to commence with a listed activity)

Click here for original size

3.2.1 APPLICATION FOR AUTHORISATION TO UNDERTAKE ACTIVITY

3.2.1.1 PRE-APPLICATION CONSULTATION BETWEEN RELEVANT AUTHORITY AND APPLICANT

During this stage it is essential that the applicant and/or consultant with the relevant authority to:

determine whether the proposed activity needs to comply with the regulations if the applicant is not certain whether the proposed activity falls within the description of the activity identified;
determine the specific contact person on provincial authority level;
obtain an application form;
obtain general guidance on the procedures, information and reports required;
determine whether the application for authorising the undertaking of an identified activity should comply with the legislative requirements in terms of the Environment Conservation Act, 1989;

{Chapter 2 of this document describes the activities identified which can be used to determine which activities must comply with the above-mentioned provisions. These descriptions were based on a mixture of identifying the project sector, type and size of activity, the characteristics of the receiving environment and the society. Various international lists of activities have been consulted. It is however still not always possible to describe such activities in detail. A limited amount of authority discretion should always be applied).

determine whether the application should be submitted to the Minister of Environmental Affairs and Tourism for consideration; and

determine whether other authorities are involved.

Consultation between the two parties at such an early stage may/will avoid delays caused by requests for additional information and also provide an opportunity for exchange of views at a stage when there is still flexibility in the design of the proposed development.

Pre-application consultation can be telephonic, by letter, by facsimile, by e-mail or the two parties can meet.

3.2.1.2 HOW APPLICANT/ CONSULTANT MUST APPLY

The applicant must apply for authorisation to the relevant authority to undertake the identified activity.

The application must be made on a specific application form obtainable from the relevant authority.

In order to simplify the administrative process in this regard, all applications must be submitted to the relevant provincial environmental authority (a list of addresses including telephone and facsimile numbers of the provincial environmental authorities is provided in Appendix 5).

3.2.1.3 APPLICATION FORM

The relevant authority must provide the applicant/consultant with the necessary application form (Appendix 7) with the following headings:

a reference number;
the date when the application was received;
the title of the proposed activity;
name of applicant (including telephone number, facsimile number and e-mail address);
address of consultants (including telephone number, facsimile number and e-mail address);
location of proposed activity;
proposed extent of activity; and
problematic issues identified by the applicant.

It is also during this stage that the relevant authority must register the application. The objectives of such a register are to:

facilitate public access to information upon which required environmental reports are based; and

ensure efficient and convenient access to such information

3.2.1.4 ADVERTISING

Why advertise?

In order to ensure that all interested parties are afforded an opportunity to comment on development projects applications submitted in terms of Section 21, 25 and 26 of the Environment Conservation Act (Act No. 73 of 1989) must be publicly advertised. Applicants must always advertise except for those activities which were not originally targeted.

Advertising shall generally take the form of both on-site and press advertising, details of these being provided below. The form of advertising proposed by the developer should be described in the Scoping Plan and agreement as to the nature of advertising must be obtained from the relevant authority.

On-site advertising

A notice board advertising the application should be placed at a visible location on the development site. The notice board should be 60 cm long and 42 cm wide with lettering being of a minimum in 6 mm in height. The board should be place on site at the beginning of the scoping phase, and should, if possible, remain visible for the duration on the scoping process. Alterations to the format for the sake of readability are acceptable. An example of an on-site notice is provided in Figure 2.

Press advertising

Advertising in at least one regional (e.g. Star, Beeld, Sowetan etc.) or local newspaper (Springs Advertiser etc.) of the predominate language group for one day is required. Advertisements should as a minimum be placed in the classified section of the newspaper within the Legal Section, under an appropriate sub-section – possibly Miscellaneous or Town Planning. An example of a press advertisement is provided in Figure 3. Alterations to the format for the sake of readability are acceptable.

Points to note

Advertising of the application must be carried out at the beginning of the scoping process.

Advertising forms part of, but is does not take the place of scoping (public consultation). In addition to advertising developers will, as a minimum, be expected to contact adjacent landowners, civic or resident associations and the local authority and obtain their comments on the development proposal. Proof of such correspondence/ communications is required in the Scoping Report.

For sensitive or contentious projects additional advertising through notices on library notice boards, civic centres etc. or extended press advertising may be required. These issues should be discussed with the relevant authority when the developer submits their Scoping Plan.

The costs of advertising are to be borne by the developer/proponent.

NOTICE OF ENVIRONMENTAL IMPACT ASSESSMENT PROCESS

Notice is given in terms of Regulation 4(6) of the regulations published in Government Notice No. R1183 under Section 26 of the Environment Conservation Act (Act No. 73 of 1989) of intent to carry out the following activity:

* Description of proposed activity

* Location

* Extent (if appropriate)

* Name of Proponent

* Name of contact/consultant with telephone and postal details

* Date and details of intended public meetings (if appropriate)

* Date of publication of advertisement

In order to ensure that you are identified as an interested an/or affected party please submit your name, contact information and interest in the matter to the contact person given above within 14 days of publication of its advertisement.

Figure 2: Example of an on site notice

EIA PROCESS

Notice is given in terms of Regulation 4(6) of the regulations published in Government Notice No. R. 1183 under Section 26 of the Environment Conservation Act (Act No. 73 of 1989) of intent to carry out the following activity:

* Description of proposed activity

* Location

* Extent (if appropriate)

* Name of Proponent

* Name of contact/consultant with telephone and postal details

* Date and details of intended public meetings (if appropriate)

* Date of advertisement

In order to ensure that you are identified as an interested an/or affected party please submit your name, contact information and interest in the matter of the contact person given above within 14 days of publication of this advertisement.

Figure 3: Example of a press advertisement

3.2.2 SUBMISSION OF PLAN OF STUDY FOR SCOPING

After submitting the application to the relevant authority, the applicant and/or consultant may be requested to submit a Plan of Study for Scoping or a Scoping Report, as the case may be.

3.2.2.1 CONTENTS OF PLAN OF STUDY FOR SCOPING

This Plan of Study for Scoping must include the following:

Description of activity

A brief description of the activity to be undertaken must included in the Plan of Study for Scoping. This description may include the following information:

name of applicant and address;

nature of activity or development;

description of the site, design, size, scale and all relevant phases of the proposed development; and

proposed location on a map at an appropriate scale, showing boundaries of the proposed site, major existing infrastructure, adjacent land uses, and any important environmental features (e.g. rivers).

Description of tasks to be performed

A description of all tasks to be performed during scoping must be included. This description may include:

the preparation of a Plan of Study for Scoping (outline of the scope);

discussion with the relevant authorities and key interested parties, by collating available information and identifying information gaps;

the identification of the issues and alternatives;

the evaluation of concerns in order to assign priority to the more important issues;

developing a strategy for addressing and resolving each key issue;

providing feedback on the way comments have been incorporated; and

preparing a Scoping Report to review and decision-making

Time-table of tasks

A timetable setting out when the above-mentioned tasks will be completed.

Authority consultation

An indication of the stages at which the relevant authority will be further consulted must be determined. It is suggested that the relevant authority be further consulted during the following stages of the process:

accepting the Plan of Study for Scoping;

accepting the Scoping Report;

considering the application on the information contained in the Scoping Report;

accepting the Plan of Study for EIA;

review compliance of EIA; and

consideration of application;

Method of identifying issues and alternatives

A description of the proposed method of identifying the issues and alternatives must be provided. This description may include the following aspects:

consultation with the relevant authorities and key interested parties at an early stage in identifying the broad range of issues and alternatives; and
methods used such as rating and ranking techniques as well as existing criteria to determine whether the issues and alternatives are significant.

3.2.2.2 AUTHORITY REVIEW OF PLAN OF STUDY FOR SCOPING

The Plan of Study for Scoping must be submitted to the relevant authority for review before the applicant is required to submit a Scoping Report.

What should authority review determine at this stage?

Authority review in this regard should determine whether:

the procedure followed thus far is adequate to continue;
the legal and procedural requirements were complied with;
further information is required, additional issues and alternatives be investigated;
provision has been made for sufficient consultation with interested and affected parties;
the information in the plan of study for scoping is accurate, unbiased and credible;
adequate attention has been given to identify issues and alternatives and credible methods have been used in the identification of these;
the Plan of Study for Scoping is acceptable, on which the decision to continue with the scoping procedure may be based.

Decision of authority

The relevant authority will in writing:

accept the Plan of Study for Scoping and request the applicant and/or consultant to submit a Scoping Report; or
request the applicant and/or consultant to provide additional information before accepting the Plan of Study for Scoping.

3.2.3 SUBMISSION OF A SCOPING REPORT

After the Plan of Study for Scoping has been accepted by the relevant authority, the applicant and/or consultant will be requested to submit Scoping Report.

3.2.3.1 CONTENTS OF SCOPING REPORT

A Scoping Report must contain the following:

Brief project description

Depending on the nature of the project and its site, the project description may include:

a brief description of the activity to be undertaken, as required for the Plan of Study for Scoping;

a site plan of the project illustrating location of existing buildings and facilities, proposed components of the project, and any infrastructure required to service the project (roads, rails, etc.)

where appropriate, schematic drawing and discussion of the project’s production processes and technology;

estimates of the type of solid waste, liquid effluent, and gaseous emissions expected from the project, and a brief discussion of plans for their treatment and disposal;

identification of the expected volume of water required for the project, and an indication of its source and availability;

biophysical description of the site, including the physical (relevant physical features and characteristics, such as landscape features, dynamics and patterns), biological (such as ecological processes and functions, species presence and seasonality, species interrelationships, and habitat), and social characteristics (such as patterns of land use, resource use, present landuses and patterns of other human disturbance). Only the environmental elements within the study area that are relevant to the project need to be identified and evaluated; and

an estimate of the start and completion date of construction, and the number of construction and operational employees.

Brief description of how the environment may be affected

Using the basic information on the project and the existing environment, potential links between them should be identified (how, where and when could the project’s activities interact and affect environmental components). It should compare the location and timing of project activities with the location, sensitivity, seasonal presence, and abundance of the environmental components. The effects on human health, socio-economic conditions, physical and cultural resources should be included.

Environmental effects are often seen as isolated or separate from one another. In reality, however, they interact over time and space, therefore having time and geographical boundaries. Project-environment interactions can be identified by using map overlays and matrix tables.

Description of environmental issues identified

"Environmental issues" may either be:

definable impacts (e.g. air pollution),

the cause of an impact (e.g. burning minedumps), or

a generally expressed concern (e.g. social disruption of communities) which need to be translated into specific impacts to be investigated. At this stage a broad range of issues are being identified by all the interested parties. Some of these issues may be significant, insignificant or inaccurate. It is however important to focus on the relevant and important issues and to eliminate the insignificant or inaccurate issues from the investigation.

Description of all alternatives identified

The identification of alternatives provide a basis for choice among options available to the decision-maker. When considering the identification and selection of alternatives the following questions should be addressed:

How should alternatives be identified?

Informal discussions with authorities and the interested parties at the early planning and scoping stages should generate possible alternatives prior to using the following methods:

The most commonly used methods relate to identification of sites by using a series of overlay maps that indicate the different environmental and socio-economic factors. This approach however requires a prior value judgement in defining the criteria for acceptability or suitability.
Other possible ways of identifying reasonable alternatives include brainstorming, the nominal group technique and the Delphi technique.
The creative process of design.

What is the reasonable range of alternatives that should be considered?

Most guidelines use terms such as ‘reasonable", "practicable", feasible" or "viable" to define the range of alternatives that should be considered. Alternatives can be categorised into the following:

Demand alternatives e.g. using energy more efficiently rather that building more generating capacity;
Activity alternatives e.g. providing public transport rather than increasing the road capacity;
Location alternatives e.g. either for the entire proposal of for components of the proposal e.g. the location of a processing plant for a mine;
Process alternatives e.g. the re-use of process water in an industrial plant, waste-minimising or energy efficient technology, different mining methods;
Scheduling alternatives - where a number of measures might play a part in an overall programme, but the order in which they are scheduled will contribute to the overall effectiveness of the end result; and
Input alternatives e.g. use of alternative raw materials or energy sources.

The option not to act is often used as a base case against which to measure the relative performance of the other alternatives. The relative impacts of the other alternatives are expressed as changes to the base case. The option not to act might also be taken forward in its own right for evaluation against the other alternatives.

What level of investigation should be applied to each alternative?

Not all alternatives will be investigated in the same detail. An analysis of the range of alternatives should be undertaken to decide which ones should be carried forward for further investigation and which ones should be discarded. In most EIAs a few alternatives (usually not more than three) are identified as the preferred alternatives and are investigated in more detail.

Description of the public participation process

A description of the public participation process followed, including a list of interested parties and their comments should be included as an appendix. A description of the public participation process may include:

the identification of parties that will be affected by the proposed activity or development;

the identification of parties that have an interest in the proposal(s) or the environment(s) under consideration;

the establishment and record of the procedure by which the identified and non-identified interested and affected parties were afforded the opportunity to participate at all appropriate stages of the preparation of the environmental Scoping Report;

the provision for interested and affected parties to express their views about the scope of the Environmental Impact Report, including alternatives and issues that were investigated;

a list of issues that were identified as being of concern to interested and affected parties;

notification criteria, which entails the reason for their participation in the various stages of the process, where the report can be obtained, where it can be examined (libraries), where and to whom the comments on such reports should be send to, the specified period for receiving comments, and

a record of all the views of and correspondence with interest and affected parties is to form an addendum to the report.

3.2.3.2 REVIEW OF SCOPING REPORT

The Scoping Report must be reviewed by the interested parties (public), by specialists and all the relevant authorities. Reports should

therefore be easily accessible to all involved.

Specialist review

It is not practical to subject all Scoping Reports to specialist review. Specialist review may be undertaken in the following circumstances:

highly technical assessment; and
when the relevant authority lacks the expertise to assess the report.

Authority review

Authority review in this regard should determine whether:

the procedure followed thus far has been adequate to continue;
the legal and procedural requirements have been complied with;
there has been sufficient consultation with interested and affected parties;
the information in the Scoping Report is accurate, unbiased and credible;
adequate attention has been given to the reasonable range of alternatives and credible methods have been used in the identification of these;
adequate attention has been given to the main issues identified; and
the information, required processes and the Scoping Report are adequate and acceptable for considering the application.

Public review

Public review at this stage may involve an assessment of the procedure followed and a review of the Scoping Report.

Comments of the interested parties should be requested within a stated time period so that the decision-making process is not delayed. Public review should not be seen as a delaying tactic but rather as a way that interested parties can be sure that their concerns have been adequately addressed and the information in the Scoping Report is adequate.

Public access to the Scoping Report is provided in good faith and organisations or individuals should not abuse this trust. There should be public accountability and recourse to the courts in cases of misuse of information.

3.2.3.3 CONSIDERATION OF APPLICATION

The relevant authority must accept the information and the Scoping Report before it ma decide to:

issue an authorisation to undertake the activity with or without conditions;

that the information contained in the Scoping Report should be supplemented by an EIR; or

decline the application.

In cases where the application has been authorised or refused, a Record of Decision must be issued by the relevant authority to the applicant. The Record of Decision must include the following:

a brief description of the proposed activity, the extent or quantities involved, the surface areas involved, the infra structural requirements and the implementation programme for which the authorisation is issued;

the specific place where the activity is to be undertaken;

the name, address and telephone number of the applicant;

the name, address and telephone number of any consultant involved;

the date of, and persons present at a site visit, if any;

the decision of the relevant authority;

the conditions of the authorisation, including measures to mitigate, control or manage environmental impacts or to rehabilitate the environment;

the importance attached to the key factors that led to the decision;

the date of expiry or the duration of the authorisation;

the name of the person to whom an appeal my be directed as contemplated in regulation 11;

the signature of a person who represents the relevant authority; and

the date of the decision.

This Record of Decision may also be made available to the interested parties on request. An example of a Record of Decision is provided in Appendix 2.

3.2.3.4 APPEAL

The applicant or an interested party may lodge an appeal against the decision made by the relevant authority. Depending on the circumstances of the case, the relevant authority to whom the appeal is made may be the provincial MEC or the Minister of Environmental Affairs and Tourism. The appeal procedure is described in more detail in section 3.2.5.4 of this document.

It should however be mentioned that very few EIA processes internationally allows for an appeal procedure is substituted by a formal mediation procedure undertaken by a "Review Panel". The applicant and the consultant are responsible to make provision in the various review stages of the EIA process to resolve any conflict that may occur.

The interested parties are also responsible to co-operation with the applicant and the consultant in trying to resolve any conflict and should not misuse the appeal procedure to delay decision-making in this regard. EIAs should be regarded as "tools" for making decisions on the environmental impacts and the full spectrum of decisions should therefore be possible, including the decision to stop development/activities.

3.2.4 PLAN OF STUDY FOR EIA

If the relevant authority decides that the information contained in the Scoping Report should be supplemented by an EIR, the applicant must submit a Plan of Study for an EIA.

3.2.4.1 CONTENTS OF PLAN OF STUDY FOR EIA

Description of the environmental issues identified during scoping

This description entails the environmental issues identified during scoping that may require further investigation and assessment. A broad range of issues may have been identified during scoping.

It could, therefore, be necessary to evaluate these and to highlight the significant issues for further investigation and assessment. There are various methods that could be used to assist the consultant to determine whether issues are significant and thus require examination:

consultation with specialist consultants;

rating or ranking techniques; or

existing criteria (e.g. water quality criteria).

Persuading interested parties that their particular issue is not significant is sometimes a difficult task to address during the scoping stage. It is also not always possible to reach consensus on whether "perceived" issues are significant. Therefore it is important that the consultant also provide a brief explanation on the Plan of Study for EIA, as to why certain issues raised during scoping may have been determined insignificant and were thus eliminated from the study.

A description of the feasible alternatives

This entails a description of the feasible alternatives that have been identified during scoping that may be further investigated.

Additional information required

An indication of additional information required to determine the potential impacts of the proposed activity on the environment should be provided.

Method of identifying impacts

A description of the proposed method of identifying these impacts should be provided. Impact identification methods include:

checklists;
matrices;
networks;
overlays and geographical information systems (GIS);
computer expert systems; and
professional experience.

Method of assessing the significance of impacts

A description of the proposed method of assessing the significance of these impacts should be included. The rating and ranking of impacts is often a controversial aspect because of the inherent difficulties involved in attaching values to impacts.

Project Phases

For the purposes of assessing the impacts identified, the project has to be divided into four phases from which impacting activities can be identified:

Pre-construction phase

This includes all activities on and off site up to the start of construction. Not including the transport of materials, but including initial site preparation.

Construction phase

All activities on and off site, including the transport of materials.

Operational phase

All activities, including operation and maintenance of structures.

Decommissioning phase

Any activity related to the physical dismantling of the structures.

The activities arising from each phase should be including in an assessment table. This is to facilitate the identification of those activities which require certain management actions to mitigate the impacts arising from them.

3.2.4.2 AUTHORITY REVIEW OF PLAN OF STUDY FOR EIA

The Plan of Study for an EIA must be reviewed and accepted by the relevant authority before the applicant commences work on the specialist studies and before submission of an environmental impact report. Authority review may include the following:

Compliance with the regulations

The coverage and approaches adopted in the assessment should be reviewed against the requirements in the regulations.

Organisation of the information

Is the information logically arranged in sections?

Presentation of information

Is the information objective?
Has information and analysis been offered to support all conclusions drawn?
Has information and analysis been presented so as to be comprehensive to the non-specialist?
Are the important data and results integrated?
Has information that is not relevant been avoided?
Has prominence been given to relevant issues, significant negative impacts and substantial environmental benefits?

Public participation

Does the information identify and address the main concerns of the interest parties?

Quality of the Plan of Study for EIA

The Plan of Study for EIA should be considered adequate if there are not omissions or deficiencies identified that may affect the results and conclusions of the assessment. In particular, the following aspects shall be considered:

Whether the information and descriptions in the Plan of Study for EIA are factually correct;

Whether the assessment methodologies are consistent with methodologies recognised and accepted by national/international organisations;

Whether the identification and description of potential impacts are complete;

Whether the Plan of Study for EIA has considered and compared all feasible alternatives, positive and negative impacts and scenarios with or without the proposed activity;

Whether additional changes or information required by the relevant authority during the review of the scoping stage have been incorporated.

3.2.5 SUBMISSION OF ENVIRONMENTAL IMPACT REPORT

After the relevant authority has accepted the Plan of Study for EIA, an Environmental Impact Report must be finalised.

3.2.5.1 CONTENTS OF ENVIRONMENTAL IMPACT REPORT

An Environmental Impact Report must contain the following:

A description of each feasible alternative

The description of each feasible alternative, should include the following:

the extent and significance of each identified environmental impact; and
the possibility for mitigation of each identified environmental impact.

Assessment of impacts

The assessment of impacts should be done according to a synthesis of the following assessment criteria:

Nature of the impact

This is an appraisal of the type of effect the activity would have on the affected environment. This description should include what is being affected and how.

Extent

Here it should be indicated whether the impact will be local extending only as far as the activity, will be limited to the site and its immediate surroundings, will have an impact on the region or will have an impact on a national scale or across international borders.

Duration

Here it should be indicated whether the lifetime of the impact will be:

short term (e.g. 0-5 years);
medium term (e.g. 5-15 years);
long term where the impact will cease after the operational life of the activity either because of natural process or by human intervention; or
permanent where mitigation either by natural process or by human intervention will not occur in such a way or in such a time span that the impact can be considered transient.

n Intensity

Here it should be established whether the impact is destructive or benign and should be indicated as:

low, where the impact affects the environment in such a way that natural, cultural and social functions and processes are not affected;

medium, where the affected environment is altered by natural, cultural and social functions and processes continue albeit in a modified way; and

high, where natural, cultural or social functions or processes are altered to the extent that it will temporarily or permanently cease.

Probability

This should describe the likelihood of the impact actually occurring indicated as:

improbable, where the possibility of the impact to materialise is very low either because of design or historic experience;

probable, where there is a distinct possibility that the impact will occur;

highly probable, where it is most likely that the impact will occur; or

definite, where the impact will occur regardless of any prevention measures.

Determination of significance

The significance of impacts can now be determined through a synthesis of the aspects produced, in terms of their nature, duration, intensity, extent and probability and be described as:

low, where it will not have an influence on the decision;

medium, where it should have an influence on the decision unless it is mitigated; or

high, where it would influence the decision regardless of any possible mitigation.

Mitigation

Mitigation seeks to find better ways of doing things, minimise or eliminate negative impacts, enhance project benefits and protect public and individual rights to compensation.

In this regard, the applicant has a responsibility to avoid or minimise impacts, and plan for managing impacts. The potential to mitigate each of the negative impacts identified in terms of its nature its extent, its duration, its intensity, its probability and its significance should therefore include descriptions of the mitigation measures and the extent to which it will influence the significance and status of each impact.

Understanding the problem is the key to effective mitigation: The following questions could therefore be asked:

what the problem is;
when the problem will occur and when it should be addressed;
where the problem should be addressed;
how the problem should be addressed; and
who stands to gain or lose.

Mitigation options include:

alternative ways of meeting the need;
changes in planning and design;
improving monitoring and management;
monetary compensation; and
replacing of e.g. wetlands by construction other wetlands, relocating villages or people displaced by projects and rehabilitating sites.

Often a combination of compensation, relocation and rehabilitation is needed.

It is also important to specify when and how mitigating measures should be done, also including an indication of the effectiveness of these measures.

Addressing of key issues

The key issues should now be re-assessed to determine how they had been addressed.

A comparative assessment of the feasible alternatives

Appendices

Appendices containing description of:

the environment concerned;
the activity to be undertaken;
the public participation process followed, including a list of interest parties and their comments.

any media coverage given to the proposed activity; and

any other information included in the accepted Plan of Study.

3.2.5.2 REVIEW OF ENVIRONMENTAL IMPACT REPORT (EIR)

Purpose of review

Reviewing is the step in the EIA process that:

determines whether the Environmental Impact Report (EIR) on a identified activity is an adequate assessment of the environmental impacts, and of sufficient relevance and quality for decision-making;
collects and collates the range of stakeholder opinion about the acceptability of the proposal and the quality of the EIA process undertaken;
ensures that the EIR and process complies with the Plan of Study; and
determines whether the application complies with the required regulations.

Steps involved in reviewing EIR

The applicant/consultant plays a leading role in preparing a systematic approach for reviewing the EIR. The following steps are involved:

Setting the scale

The question that should be addressed at the start of the reviewing process is: how much time is available for review? The answer to this will depend mainly on the nature of the proposal. The nature of the proposal will again determine the extent and intensity of the review process. In line with the above, the applicant/consultant should determine the period for review.

Notification criteria

Notification criteria should be determined. This entails the reason for review in the various stages of the process, where the report can be purchased or otherwise be obtained, where it can be examined (libraries), where and to whom the comments on such reports should be sent to.

Reviewers

The EIR should be reviewed by the relevant authority, with the assistance of the other authorities involved, specialists, all interested parties and the public.

n Determine review criteria

The following may form the basis of general procedural review criteria:

legal requirements;
quality of scoping;
quality of impact prediction;
quality of determining impact significance;
assessments of alternatives;
quality of mitigation proposed; and
public participation process.

The following may form the basis of reviewing the technical information:

Effectiveness

Enhance environmental protection
Efficient use of resources

Efficiency

Consider cost implications for developer and others

Administrative implications

Capital implications, legal implications, technical implication and capacity implications.

Acceptability

To the public, NGOs, CBOs, labour, industry, consultants, DEA&T and other authorities.

Cost implications

Costs to households, to the government and to the developer.

Macro-economic impact

Contribution to economic growth
Provision of employment
Inflationary effects
Regional development

n Review methods

The following review methods can be applied:

Provide specific checklists and guidelines to all interested parties
Only make use of accredited reviewers
Only make use of independent Review Panels
Legal approaches

Comments and Response Report

This report either contains a clear statement that no serious shortcomings are noted, or an overview of these shortcomings and other concerns that exist, including how these could be remedied.

Evaluation of impacts

Impacts will be evaluated before and after mitigation in terms of the following factors:

Factors on public health or risk of life

If the impacts may cause negative public health effects and/or pose an unacceptable risk of life, they are considered as key concerns.

The scale of the negative environmental impacts

If the impacts are major, they are considered in conjunction with existing impacts of other projects should be considered as a key concern.

The geographical extent of the impacts

Widespread environmental impacts are of greater concern that localised negative impacts.

The duration and frequency of the negative environmental impacts

Normally more weight should be given to long term, persistent and/or frequent impacts in determining a project’s acceptability.

The degree to which the negative impacts are reversible or irreversible

Irreversible impacts should be considered as key concerns.

Ecological context

More weight should be given to impacts that occur in ecologically sensitive areas or rare undisturbed areas.

International, national and provincial importance

Negative impacts which affect an issue of international, national or provincial importance should be regarded as significant.

The degree and likelihood of uncertainty of negative environmental impacts

If the negative environmental impacts are uncertain, they should be treated more cautiously than impacts for which the effects are certain, and the precautionary principle should apply.

3.2.5.3 CONSIDERATION OF APPLICATION

When the review of the EIR is completed, the relevant authority will decide to either issue an authorisation with or without conditions, or reject the application. A Record of Decision will be issued by the relevant authority to the applicant. This Record of Decision will also be made available to the interested parties on request.

3.2.5.4 APPEAL

Appeal to the Minister or provincial MEC

Appeal should be directed to the Minister of the national Department of Environmental Affairs and Tourism or to the MEC for the provincial Department charged with the Environment who was responsible for authorising or rejected the proposed activity in terms of the Environment Conservation Act, 1989. Te Record of Decision issued by the relevant authority will also indicate to whom such an appeal should be directed.

Who may appeal

Section 35 of the Environment Conservation Act, 1989 makes provision for appeal by any person who feels aggrieved by a decision made by the relevant authority in terms of these regulations. "Any person" therefore includes the applicant, interested party or member of the public.

Appeal procedure

An appeal to the Minister or provincial authority under section 35(3) of the Act, must be done in writing within 30 days from the date on which the record of decision was issued to the applicant in terms of regulation 10(1).

An appeal must set out all the facts as well as the grounds of appeal, and must be accompanied by all relevant documents or copies of them that are certified as true by a commissioner of oaths.

Consideration of appeal

The Minister of relevant provincial MEC shall, after considering all relevant facts and supportive documents:

uphold the original decision; or
uphold the original decision with modifications; or
reverse the original decision.

In circumstances where the original decision is not upheld, a revised record of decision should be issued.

APPENDICES

Appendix 1: An example of a declaration form for the consultant to declare that there are no vested interests in the proposed activity.

DECLARATION OF INTEREST BY CONSULTANT

I/We ................................................ as Environmental Consultant to:
Proponent: ............................................... on Project ..............................................

Do hereby declare the following interests.

1. This consultancy is/is not* a subsidiary, legally or financially, of the proponent.
(*delete what is inapplicable and give details on what is applicable)

Details ................................................................................................................
.................................................................................................................................
................................................................................................................................

2. Remuneration for services by the proponent in relation to this proposal is/is partly/is not* linked to approval by decision-making authorities responsible for permitting this proposal (* delete what is inapplicable and give details on what is applicable)

Details ....................................................................................................................
.............................................................................................................................
............................................................................................................................

3. My/our consultancy has the following interest in secondary or downstream developments as a result of the authorisation of this project.

Details ................................................................................................................
............................................................................................................................

............................................................................................................................

4. What percentage work have you received from the above proponent in the previous twelve months?

............................................................................................................................

Use additional pages for furnishing explanations if necessary.

I hereby declare that I am fully aware of my responsibilities in terms of Government Notice No. 1182 of 5 September 1997 and that failure to comply with in fully may constitute an offence in terms of the Environment Conservation Act (Act No 73. of 1998)

Signed ......................................... Date:

Witness ....................................... Date:

Witness ................... Date:

DECLARATION OF INTEREST BY CONSULTANT( continued)

I certify that before administering the oath/affirmation I asked the deponent the following questions and wrote down his/her answers in his/her presence:

Do you know and understand the contents of the declaration?

Answer:

Do you have any objections to taking the prescribed oath?

Answer:

Do you consider the prescribed oath to be binding on your conscience?

Answer:

I certify that the deponent has acknowledged that he/she knows and understand the contents of the declaration which was sworn to/affirmed before me on this ................
......................... day of ....................... 19 ...... and the deponent’s signature was placed thereon in my presence.

Commissioner of Oaths

Designation (Rank): Ex Officio Republic

Full name:

Business Address:

Appendix 2: An example of a Record of Decision

RECORD OF DECISION
DATE:

FILE NO:

BRIEF DESCRIPTION OF THE ACTIVITY:

LOCATION:

APPLICANT:

(Name, address, telephone number)

CONSULTANT:

(Name, address, telephone number)

SITE VISITS:

(Dates, persons present)

DECISION

CONDITIONS:

(Specify or make reference)

KEY FACTORS FOR THE DECISION:

(List)

DURATION AND DATE OF EXPIRY:

APPEAL:

(Name, address)

(Date and signature)

Appendix 3: South Africa’s international environmental commitments

South Africa, as a responsible member of the world community, has become a signatory to a variety of international agreements, dealing with issues such as marine conservation and pollution, the atmosphere, fauna and flora, Antarctica, whaling and the conservation of wetlands. These conventions place specific environmental impact management requirements and obligations on the South African Government in complying to the aims and objections of these conventions. In cases where the proposed undertaking of an identified activity may influence or affect compliance to these conventions or is likely to have a significant detrimental effect across South Africa’s international boundaries, special procedures and EIA requirements may be required. The national Department of Environmental Affairs and Tourism is responsible for administering and implementing these conventions. South Africa is a signatory to the following conventions:

Bonn Convention (Convention of Migratory Species of Wild Animals)
South Africa acceded to the Bonn Convention in December 1991. The convention was a response to the need for nations to co-operate in the conservation of animals that migrate across their borders. These include terrestrial animals, reptiles, marine species and birds. Special attention is paid to endangered species.

CITES (Convention on Trade in Endangered Species of Wild Fauna and Flora)

The main objectives of this convention are the protection of endangered species, the economic utilisation of species, monitoring the status of species and control of illegal trade.

Convention on Biological Diversity (CBD)

The aim is to effect international co-operation in the conservation of biological diversity and to promote the sustainable use of living natural resources world-wide.

The International Whaling Convention (International Convention for the Regulation of Whaling) (IWC)

South Africa is a founder member of the IWC and has a proud record regarding conservation and research for whale management.

Montreal Protocol (Protocol for the Protection of the Ozone Layer)

South Africa became a signatory in January 1990. The protocol is aimed at ensuring measures to protect the ozone layer.

Basel Convention (Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposals)

South Africa became party to the convention in May 1994. The main objectives of the convention are the reduction of the production of hazardous waste and the restriction of transboundary movement and disposal of such waste.

Framework Convention on Climate Change (FCCC)

The convention addresses the threat of global climate change by urging governments to reduce the sources of greenhouse gases.

World Heritage Convention

Convention concerning the protection of the world cultural and natural heritage.

Convention on Desertification

Convention to combat desertification in those countries experiencing serious drought and/ or desertification, particularly in Africa.

Appendix 4: Demarcated areas of national or international importance

For the purpose of implementing the regulation a demarcated area of national or international importance will include the following protected areas as listed in the table below:

PROTECTED AREA (DEMARCATED AREA)

LEGISLATION UNDER WHICH THE AREA IS DEMARCATED

ADMINISTRATION

National Parks | National Parks Act 57 of 1976 | South African National Parks
Lake Area | Lake Areas Development Act 139 of 1975 | South African National Parks
Mountain Catchment Areas | Mountain Catchment Areas Act 63 of 1970 | Department of Water Affairs and Forestry: delegated to provinces
Protected Natural Environment | Environment Conservation Act 73 of 1989 | Department of Environmental Affairs and Tourism: delegated to provinces
Limited Development Area | Environment Conservation Act 73 of 1989 | Department of Environmental Affairs and Tourism: delegated to local authority/government institution
National Botanical Garden | Forest Act 122 of 1984 | Department of Environmental Affairs and Tourism: National Botanical Institute

State Forests

Forest Act 122 of 1984

Department of Water Affairs and Forestry: assigned to provinces

Forest Nature reserves and Wilderness Area | Forest Act 122 of 1998 | Department of Water Affairs and Forestry: assigned to provinces
Ramsar Site | Ramsar Convention | Department of Environmental Affairs and Tourism
National Monument | National Monuments Act 28 of 1969 | National Monuments Council and provinces
Conservation areas | National Monuments Act 28 of 1969 | National Monuments Council and provinces
Defence Area | Defence Act 44 of 1957 | South African Defence Force
Marine Reserve | Sea Fishery Act 12 of 1988 | Department of Environmental Affairs and Tourism: Directorate of Sea Fisheries and provinces in respect of coastal zone and specified resources
Sea-Shore | Sea-Shore Act 21 of 1935 | Department of Environmental Affairs and Tourism: assigned to provinces
Most South African Islands | Sea Birds and Seals Protection Act 46 of 1973 | Department of Environmental Affairs and Tourism: assigned to provinces in respect of sea birds.
Provincial, Local and Private Nature Reserve | Various provincial ordinances | Nine provincial administrators, numerous local authorities, private landowners.
Private Conservancies | No legal status | Private farmers
Biosphere Reserves | No legal status | Conservation authority/neighbours
National Heritage Sites | No legal status | Private landowners

Appendix 5: Address list of provincial environmental departments

This list was correct on 1 April 1998.

MPUMULANGA
Directorate: Environmental Management
Department of Environmental Affairs and Tourism
Private Bag X11233
NELSPRUIT 1200
Tel: (013) 759-4043
Fax: (013) 759-4172

FREE STATE
Directorate: Environmental Management
Department of Environmental Affairs and Tourism
PO Box 264
BLOEMFONTEIN 9300
Tel: (051) 403-3773
Fax: (051) 448-8361

NORTHERN PROVINCE
Chief Directorate: Environmental Affairs
Department of Agriculture, Land and Environmental Affairs
PO Box 217
PIETERSBURG 0700
Tel: (015) 295-9300
Fax: (015) 295-5819

GAUTENG
Directorate: Environmental Management
Department of Agriculture, Conservation and Environmental Affairs
PO Box 8769
JOHANNESBURG
Tel: (011) 355-1937
Fax: (011) 355-1960

NORTHERN CAPE
Directorate: Environmental Affairs
Department of Environmental Affairs, Health and Welfare
Private Bag X5049
KIMBERLEY 8300
Tel: (0531) 811-121
Fax: (0521) 800-6060

KWAZULU-NATAL
Directorate: Environmental Affairs
Department of Traditional and Environmental Affairs
Private Bag X07
CASCADES 302
Tel: (0331) 471-820
Fax: (0331) 471-826

EASTERN CAPE
Directorate: Environmental Protection
Department of Economic Affairs, Environment and Tourism
PO Box 5001
GREEN ACRES 6057
Tel: (041) 338-891
Fax: (041) 337-755

NORTH WEST
Directorate: Environmental Management
Department of Tourism and Environmental
Conservation
Private Bag X2078
MMABATHO
Tel: (0140) 895-126
Fax: (0140) 895-158

WESTERN CAPE
Western Cape Nature Conservation
Private Bag X9086
CAPE TOWN 8000
Tel: (021) 483-3925
Fax: (021) 230-939

Appendix 6: Applicable sections in the Constitution of South Africa, 1996 (Act No. 108 of 1996)

Sections relating to the "Bill of Rights"

Section 24(a)

Provides everyone the right to an environment that is not harmful to a person’s health and well-being.

Section 24(b)

Provides everyone the right to have the environment protected through reasonable legislative and other measures. The implementation of section 21, 22 and 26 of the Environment Conservation Act, 1989 in such a legislative measure to protect the environment.

Section 25

Provides for property rights. The Constitution makes provision for both property rights and the right to a healthy environment. A situation may arise in extreme cases where there is a conflict due to rejecting an application for a listed activity form taking place. In such cases it will be up to the court to decide whether the interest of the community (right to a healthy environment) weights heavier than the right of the individual.

Section 32

Provides the right to access to information. The lack of information is one of the major obstacles in environmental impact management. Provision has been made in the regulations in terms of section 26 of the Environment Conservation Act, 1989 that any report submitted becomes a public document.

Section 36

This clause places a "limitation" on all the rights in the Bill of Rights.

Section 38

Provides locus standii or the ‘right to get involved" to any member of the public. This means that any member of the public has the right to take appropriate action to prevent environmental damage. This may include taking action against the relevant authority for failing to perform its duties in preventing environmental damage or an individual or authority who is in the process of undertaking listed activities in terms of section 21 of the Environment Conservation Act, 1989, without the necessary authorisation to undertake such activities.

Sections relating to "Co-operative Government"

Section 41

Provides principles for co-operative governance and intergovernmental relations. The Constitution allocates legislative authority as well as executive and administrative powers to all three levels of government. The functional areas of government are determined by Schedules 4 and 5. The environment is a cross-sectoral matter and it is therefore important that co-operation between government on all levels is necessary.

Section 100

Provides for national government in intervene should a province not fulfil is obligations with regard to an environmental function.

Section 125

Provides for the executive authority of Provinces and inter alia for implementing national legislation within the functional areas listed in Schedule 4 and 5.

Section 126

Provides for Provinces to assign any power or function to local governments.

Section 139

Provides for provincial government to intervene should a local government not fulfil its obligations with regard to an environmental function.

Section 146

Should there be conflict between national and provincial legislation falling within the functional area listed in Schedule 4 of the Constitution, this clause provides for national legislation to prevail over provincial legislation under specific conditions.

Schedule 4

Provides for the concurrent competence of functional areas such as the environment, pollution control, regional planning and development as well as soil conservation.

Appendix 8: Schedules processes under the Second Schedule to the Atmospheric Pollution Prevention Act, 1965 (Act No. 45 of 1965).

Appendix 7: Example of an application form

Click here for larger version

Appendix 8: Scheduled processes under the Second Schedule to the Atmospheric Pollution Prevention Act, 1965 (Act No. 45 of 1965)

ATMOSPHERIC POLLUTION PREVENTION ACT

Second Schedule                                                                                         Act 45 of 1965

Second Schedule amended by Government Notice 819 of 27 May 1966, by Government Notice 1173 of 5 July 1968, by Government Notice R. 1864 of 30 October 1970, by Government Notice R.b of 7 January 1972, by Government Notice R.212 of 16 February 1973, by Government Notice R.303 of 2 March 1973, by Government Notice R.1020 of 21 June 1974, by Government Notice R2239 of 15 October 1982, by Government Notice 1353 of 26 June 1987, by Government Notice R.1702 of 7 October 1994, by Government Notice R.420 of 15 March 1996 and by Government Notice R.401 of 14 March 1997.

SCHEDULED PROCESSES

Sulphuric acid processes: That is to say, processes for the manufacture of sulphuric acid or processes in which sulphur trioxide is evolved or used.

Phosphate fertilizer processes: That is to say, processes in which any mineral phosphate is subjected to treatment involving chemical change, and processes for the granulating of materials containing phosphate.

Gas liquor processes: That is to say processes in which hydrogen sulphide or any other noxious or offensive gas is evolved by the use of ammoniacal liquor, and processes in which an such liquor is desulphurized in any process connected with the purification of gas.

Nitric acid processes: That is to say processes in connection with the manufacture of nitric acid is recovered from nitrogen oxides are evolved.

Ammonium sulphate and ammonium chloride processes: That is to say, processes for the manufacture of ammonium sulphate or ammonium chloride.

Chlorine processes: That is to say, processes in which chlorine is made or used in any manufacturing process.

Hydrochloric acid processes: That is to say, processes for the manufacture or the bulk handling of hydrochloric acid or processes in which hydrogen chloride gas is evolved.

Sulphide processes: That is to say, chemical processes in which hydrogen sulphide is evolved or used.

Alkali waste processes: That is to say, processes in which alkali waste or the drainage therefrom is subjected to any chemical process for the recovery of sulphur or for the utilization of any constituent of such waste or drainage.

Oxide pigment processes: That is to say, processes in which any volatile compound of arsenic is evolved.

Arsenic processes: That is to say, processes in which any volatile compound or arsenic is evolved.

Carbon disulphides processes: That is to say, processes for the manufacture, use or recovery of carbon disulphides.

Sulphocyanide processes: That is to say, any process for the manufacture of sulpocyanide or any of its compounds.

Hydrocarbon refining processes:
That is to say:
(a) the processing (such as distilling, cracking and refining) of crude shale oil, crude petroleum, natural gas, hydrocarbons from coal and used lubricating oils; or
(b) the bulk storage of crude petroleum and liquid petroleum products, in storage facilities with individual tank capacities of a least 1000 metres each.

Bisulphito processes: That is to say, processes in which sulphurous acid is used in the manufacture of acid sylphids of the alkalis or alkaline earths, and processes for the manufacture of liquid sulphur are evolved in any chemical manufacturing process.

Tar processes: That is to say, processes in which tar, creosote or any other product of the distillation of tar is distilled or is heated in any manufacturing process.

Zinc processes: That is to say, processes in which, by the application of heat, zinc is processed or extracted.

Benzene processes: That is to say, processes (not being tar processes defined above) in which any wash oil used for the scrubbing of coal gas is distilled.

Pyridine processes: That is to say, processes in which pyridine is recovered or used.

Bromine processes: That is to say, processes in which bromine is made or is used in any manufacturing process.

Hydrofluoric acid processes: That is to say, processes in which hydrofluoric acid is evolved or used.

Cement processes: That is to say, processes in which argillaceous or calcareous materials are used in the production of cement clinker, and processes in which cement clinker is ground or cement is packed, and also processes in which metallurgical slags are treated for the purpose of making cement or cement additives.

Lead processes:
That is to say:
(a) processes in which, by the application of heat, lead is melted or extracted from any material containing lead or its compounds; or
(b) processes in which compounds is lead are manufactured from metallic lead or its compounds by methods that give rise to noxious or offensive gases; or
(c) processes by which lead or any material containing lead or its compounds are used or handled in such a way as to give rise to noxious or offensive gases.

Fluorine processes: That is to say, processes in which flourine or its compounds with other halogens are made or used or any chemical manufacturing process in which fluorine or its compounds with other halogens are evolved.

Acid sludge processes: That is to say, processes in which acid sludge produced in the refining of coaltar, petroleum or other hydrocarbon derivatives, is treated in such a manner as to cause the evolution of noxious offensive gases.
Alkali processes:
That is to say:
(a) the manufacture of potassium or sodium sulphate; or
(b) the treatment of ores by common salt or other chlorides, whereby any sulphate is formed and in which hydrogen chloride gas is evolved.

Roasting processes: That is to say, processes in which sulphate and sulphide ores, including regular, are calcined or smelted.

Asbestos processes: That is to say, processes involving the handling, grinding or utilization of asbestos.

Power generation processes:
That is to say, processes in which:
(a) fuel is burned for the generation of electricity for distribution to the public or for purposes of public transport;
(b) boilers capable of burning fuel at a rate of not less that 10 tons per hour are used to raise steam for the supply of energy for purposes other than those mentioned in (a) above;
(c) any fuel burning appliance is used that is not controlled in terms of Part III of this Act, excluding appliances in private dwellings.

Iron and steel processes:
That is to say, processes:
(a) in which iron, iron ores, steel or terro-allays are produced or processed so as to give rise to noxious or offensive gases; or
(b) involving the cleaning of castings and handling of casting mould materials.

Copper processes:
That is to say, processes in which:
(a) by the application of heat -
(i) copper is extracted from any ore or concentrate or from any material containing copper or its compounds; or
(ii) molten copper is refined; or
(iii) copper or copper alloy swarf is decreased; or
(iv) copper alloys are recovered from scrap, fabricated metal, swarf or residues by processes designed to reduce the zinc content; or
(b) copper or copper alloy is melted and cast in moulds the internal surfaces of which have been coated with grease-bound or oil-bound dressings: Provided that this paragraph shall not apply to processes in which the aggregate casting capacity does not exceed 10 tons per day.

Aluminium processes:
That is to say, processes in which:
(a) aluminium is produced from its oxide by means of an electrolytic furnace; or
(b) aluminium swarf is decreased by the application of heat; or
(c) aluminium or aluminium alloys are recovered from aluminium or aluminium alloy scrap, fabricated metal, swarf,
skimmings, drosses or other residues by melting; or
(d) aluminium is recovered from slag; or
(e) molten aluminium or aluminium alloys are treated by any process involving the evolution of chlorine or its compounds.

Producer gas processes: That is to say, processes in which producer gas is made or in which the by-products of producer gas are incinerated.

Gas and coke and charcoal processes:
That is to say, processes (not being producer gas processes) in which:
(a) coal, oil, wood and other carbonaceous materials or products of petroleum refining or natural gas or methane from coal mines or gas derived from fermentation of carbonaceous materials are handled or prepared for carbonisation or gasification or reforming and in which these materials are subsequently carbonised or gasified or reformed; or
(b) water gas is produced or purified; or
(c) coke or semi-coke is produced and quenched, cut, crushed or graded; or
(d) gases derived from any process referred to in paragraph (a) are subjected to purification processes.

Ceramic processes:
That is to say, processes in which:
(a) pottery products (including domestic earthenware and china, sanitary ware, electrical porcelain and glazed tiles) are made in kilns by coal or oil; or
(b) heavy clay or refractory goods are fired by solid, liquid or gaseous fuels; or
(c) salt glazing of any earthenware or lay materials is carried on.

Lime, dolomite and magnesite processes: That is to say, processes in which calcium carbonate, calcium-magnesium carbonate or calcium sulphate are so produced or processed that noxious or offensive gases are evolved.

Sulphate reduction processes:
That is to say, processes in which metallic sylphids are reduced to the corresponding sulphides by heating with carbonaceous matter.

Caustic soda processes:
That is to say, processes in which:
(a) either concentrated solutions of caustic soda or fused caustic soda are produced in heated vessels; or
(b) black liquor produced in the manufacture of paper is calcined in the recovery of caustic soda.

Waste incineration processes: That is to say, processes for the destruction by incineration of wastes that contains chemically bonded halogens, nitrogen, phosphorus, sulphur or metal, or any other waste that can give rise to noxious or offensive gases.

Beryllium processes:
That is to say, processes in which:
(a) any ore or concentrate or any material containing beryllium or its compounds is treated for the production of beryllium or its alloys or its compounds; or
(b) any material containing beryllium or its alloys or its compounds is treated, processed or fabricated in any manner giving rise to noxious or offensive gases.

Selenium processes:
That is to say, processes in which:
(a) any ore concentrate or any material containing selenium or its compounds is treated for the production of selenium or its alloys or its compounds; or
(b) any material containing selenium or its alloys or its compounds otherwise than as colouring matter is treated, processed or fabricated in any manner giving rise to noxious or offensive gases.

Phosphorus processes:
That is to say, processes in which:
(a) phosphorus is made; or
(b) yellow phosphorous orphospheric acid is used in any chemical or metallurgical process.

Ammonia processes:
That is to say, processes in which:
(a) made; or
(b) used in the ammonia-soda process; or
(c) used in the manufacture of carbonate, nitrate or phosphate of ammonia or urea.

Hydrogen cyanide processes:
That is to say, processes in which:
(a) hydrogen cyanide is made, or any chemical manufacturing process in which hydrogen cyanide is evolved or used; or
(b) solid sodium or calcium cyanide is made

Acetylene processes: That is to say, processes in which acetylene is made or any chemical manufacturing process in which acetylene is used.

Amine processes: That is to say, processes in which methylamine, ethylamine or other malodorous amines are evolved or made.

Calcium carbide processes: That is to say, processes in which calcium acrbide is made.

Aldehyde processes: That is to say, processes in which formaldehyde or acetaldehyde or acrolein or the methyl, ethyl or propyl derivatives of acrolein are made.

Anhydride processes: That is to say, processes in which acetic, maleic or phthalic anhydrides or the correspondence acids are made.

Chromium processes: That is to say, processes in which any chrome ore or concentrate is treated for the production therefrom of chromium compounds or processes in which chromiummetal is made by dry methods giving rise to noxious or offensive gases.

Magnesium processes: That is to say in which magnesium or magnesium alloys or any compound of magnesium is made by dry methods giving rise to noxious or offensive gases.

Cadmium processes: That is to say, processes in which metallic cadmium is recovered or cadmium alloys are made or any compound of cadmium is made by dry methods giving rise to noxious or offensive gases.

Manganese processes: That is to say, processes in which manganese or its alloys or any compound of manganese is made by dry methods giving rise to noxious of offensive gases.

Metal recovery processes: That is to say, processes in which metal is recovered from any form of scrap material containing combustible components.

Galvanising processes: That is to say, processes involving coating with zine by dipping into molten metal, including picking and fluxing giving rise to noxious or offensive gases.

Bagasse incineration processes: That is to say, processes involving the combustion of bagasse.

Metal spray processes: That is to say, processes in which any metal is deposited on to a surface in the form of a spray through the application of heat in such a way as to give rise to noxious or offensive gases.

Macadom preparation processes: That is to say, processes in which crushed stone is heated or dried, with or without the addition of tar or bituminous binders, for the purpose of preparing road surfacing or paving material.

The bulk storage and handling of ore or coal at dumps designed to hold 100 000 tons or more and not situated on the premises of a mine or works as defined in the Mines and Works Act, 1956.

Vanadium processes: That is to say, processes in which vanadium pentoxide or vanadium carbide is manufactured or handled in such a way as to give rise to noxious gases.

Antimony processes: That is to say, processes in which antimony or its alloys or any compound of antimony is made by dry methods giving rise to noxious or offensive gases.

Mercury processes: That is to say, processes in which mercury or any compound of mercury is treated or recovered by the application of heat.

Silicon processes: That is to say, processes in which metallic silicon is made by the application of heat.

Carbon black processes: That is to say, processes in which carbon black is produced or used.

Class processes: That is to say, processes in which glass in manufactured.

Metallurgical slag processes: That is to say, processes in which the use of metallurgical slag gives rise to noxious or offensive gases.

Wood-burning and wood-drying processes: That is to say, processes in which wood is burned or subjected to heat in such a manner as to give rise to noxious or offensive gases that are not controlled in terms of Part III of the Act.

Paper and paper pulp processes: That is to say, processes in which pulp or per is manufactured in any manner giving rise to noxious of offensive gases.

Animal matter reduction processes: That is to say, processes for the rendering, cooking, drying, dehydrating, digesting, evaporating or protein concentrating of any animal matter not intended for human consumption.

Acrylonitrile processes: That is to say, processes in which acrylonitrile is manufactured or any manufacturing process in which acrylonitrile is used.

Nickel processes: That is to say, processes in which nickel alloys or any nickel compound is manufactured.

Vinyl chloride monomer processes: That is to say, processes in which vinyl chloride monomer is manufactured or used.

Appendix 9: Sections relating to the implementation of sections 21, 22 and 26 of the Environment Conservation Act, 1989

Section 21(1) Identification of activities.

Section 21(2) Type of activity.

Section 21(3) Consultation with other Ministers and MECs.

Section 22(1) Prohibition of activities identified in section 21(1).

Section 22(2) Submission of environmental reports.

Section 22(3) Authority to grant or refuse authorisation for the proposed activity.

Section 22(4) Withdrawal of authorisation if conditions of authorisation are not complied with.

Section 26 Regulations regarding impact reports.

Section 26(a) Scope and content

Section 26(b) Drafting and evaluation of impact reports.

Section 26(c) Procedure to be followed at commencement, during and after completion of the activity.

Section 28 General regulatory powers to assign functions to provincial or local authorities.

Section 28A Provision for exempting persons, local authorities and government institutions from applying required provisions.

Section 29(4) Offences and penalties.

Section 33 Delegation of powers to officials.

Section 35(3) Appeal

Section 36(2) Application of Supreme Court.

REFERENCES

Atmospheric Pollution Prevention Act, 1965 (Act No. 45 of 1965)

Australian EIA Network
- http://www.environment.gov.au/portfolio/epg/eianet/eia/oz.html

Canadian Environmental Assessment Act
- http://www.ceaa.gc.ca/english/onfo_hld/ra_guide/s3.html

Canadian Environmental Agency & International Association for Impact Assessment. 1996.

International Study of the Effectiveness of Environmental Assessment, Final Report, Environmental Assessment in a Changing World: Evaluating Practice to Improve Performance. Minister of Supply and Services, Canada.

Constitution of South Africa, 1996 (Act No 108 of 1996)

Department of Environmental Affairs and Tourism, 1992. The Integrated Environmental Management Procedure. Government Printer, Pretoria.

Department of Environmental Affairs and Tourism, 1992. Guidelines for Scoping. Government Printer, Pretoria.

Department of Environmental Affairs and Tourism, 1992. Guidelines for Review. Government Printer, Pretoria.

Department of Environmental Affairs and Tourism, 1992. Glossary of terms used in Integrated Environmental Management, Government Printer, Pretoria.

Department of Environmental Affairs and Tourism, 1993. Draft Comprehensive Environmental Evaluation of the Proposed new SANAE IV Facility at Vesleskarvet, Queen Maud Land, Antarctica. Aurora Printers, Pretoria.

Environmental Conservation Act, 1989 (Act No. 73 of 1989)

Hong Kong Environmental Impact Assessment Ordinance, 1997.

Hong Kong Environmental Protection Department. 1997. Technical Memorandum of Environmental Impact Assessment Process, Wanchai, Hong Kong.

United National Environmental Programme (UNEP). 1996. Environmental Impact Assessment Training Resource Manual, Canberra, Australia.

Wathern, P. (Editor). 1988. Environmental Impact Assessment: Theory and Practice, Unwin Hyman, London.

Top // Content