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The Efficacy of the SA EIA Regime

The Efficacy of the SA EIA Regime. Time for Change – Back to the future? Presentation by: Gideon (Kallie) Erasmus of Erasmus Attorneys. Precondition for development. Every generation puts its own scratches on the surface of this planet - this is called progress or development.

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The Efficacy of the SA EIA Regime

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  1. The Efficacy of the SA EIA Regime Time for Change – Back to the future? Presentation by: Gideon (Kallie) Erasmus of Erasmus Attorneys

  2. Precondition for development • Every generation puts its own scratches on the surface of this planet - this is called progress or development. • Otherwise we would have no electricity, no mining or manufacturing and would all still be doing our business behind the nearest bush.

  3. It’s all about … balance! • To think that we can (or should) bubble-wrap the environment is a nonsense. • Sound environmental governance re-quires an appropriate balance between people and the environment.

  4. So we have independent assessments, do we? • How many EIA Reports recommend that auth-orisation be denied? • How many applications are withdrawn because applicants become persuaded that the proposed activity is environmentally un-justifiable? None!

  5. So we have independent assessments, do we?(2). WHY? • EAPs are paid to secure authorisations, not to undertake objective assessments. • It is absurd to anchor the veracity of an EIA in the “independence” of a paid service provider.

  6. Different listings are a waste of time. • Since when is the listing of an activity more important than the impacts it is likely to have? • In this context there are only two types of activities: • Those that will have significant impacts; and • Those that won’t.

  7. Different listings are a waste of time (2). • It is scientifically impossible to anticipate the likely impacts of a type of activity. • Every proposed activity must be assessed on its contextually specific merits. • To think that some types warrant lesser assess-ment by definition is to betray the environ-ment and those who stand to be affected.

  8. A Better Way • A single, suitably flexible regime is better than the present artificially differentiated system. • Every EIA must be appropriate to the im-pacts of a proposed activity and not its listing.

  9. A Better Way (2) • Such a system would comprise (in every instance): • Application & Scoping report: • Notification for registration and comment on Scoping proposal; • Revised Scoping if necessary; • EIA phase; • Decision; and • Appeal.

  10. Isn’t this how it worked under the 1998 Regulations? • No. This is how it was supposed to work under the 1998 Regulations until some “clever” so-and-so perverted the concept of scoping. • Scoping in this context is a research pro-posal and, as such, devoid of substantive content.

  11. Avoiding the 1998 pitfalls. • Conflate the application and scoping phases. • Prohibit authorisation without an EIA Report. • Make the applicant responsible for justifying the extent of the assessment to be under-taken.

  12. Thank you so very much for this opportunity. Gideon (Kallie) Erasmus Erasmus Environmental, Development and Property Law Attorneys kallieerasmus@gmail.com Tel: 023 5411 900 Fax: 0866 855 979

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