NEMA-based Environmental Impact Assessment Regulations:

1. NEMA-based Environmental Impact Assessment Regulations: Dhiraj Rama Director: Integrated Waste Management Management of the application process

2. Overview of the revised EIA Process:From ECA to NEMA

3. What has been retained but improved?

4. What has been retained but improved?

5. What has been retained but improved?

6. What has been retained but improved?

7. Application Process • Overview of GDACE application forms • Basic Assessment • SR/EIA • Amendments, Exemptions & Class Applications • Appeals

8. Overview of GDACE Forms • Version date • Instructions for completion of form • Submission details • Multiple copies • Application details • Legal declarations

9. Overview of GDACE Forms: Instructions • This application form is current as of 29th June 2006. It is the responsibility of the EAP to ascertain whether subsequent versions of the form have been published or produced by the Competent Authority: LATEST VERSION ON GDACE WEBSITE • The application must be typed within the spaces provided. In case of handwritten submissions, the blank application form must be printed to allow sufficient blank space for completion. The sizes of the spaces provided are not necessarily indicative of the amount of information to be provided. It is in the form of a table that can extend itself as each space is filled with typing.

10. Overview of GDACE Forms: Instructions cont • Selected boxes must be indicated by a cross and, when the form is completed electronically, must also be highlighted. • Incomplete applications may be returned to the applicant for revision • The use of “not applicable” in the report must be done with circumspection because if it is used in respect of material information that is required by the Competent authority for assessing the application, it may result in the rejection of the application as provided for in the regulations.

11. Overview of GDACE Forms: Instructions Cont. • Three copies of this form and all the attachments must be submitted to the Admin Unit of SUE Branch as • hand delivered or • posted applications • Presently no faxed or e-mailed applications will be accepted. • Unless protected by law, and clearly indicated as such, • all information filled in on this application will be considered as public information on receipt by the Competent Authority. • The Applicant/EAP must provide any interested and affected party with the information contained in this application on request, during any stage of the application process. Details on next slide

12. Overview of GDACE Forms: Departmental details: Competent authority details Administrative Unit of the Sustainable Utilisation of the Environment (SUE) Branch P.O. Box 8769, Johannesburg, 2000 Administrative Unit of the Sustainable Utilisation of the Environment (SUE) Branch 18th floor Glencairn Building, 73 Market Street, Johannesburg Admin Unit telephone number: (011) 355 1345 Department central telephone number: (011) 355 1900 www.gautengonline.gov.za

13. Overview of GDACE Forms: Application details • Same application form applies for BA, Scoping • Project title (which must be used through out the life of the project application) • Listed activity details • Government notice number and date • Listed activity • Description of activity • Applicant details • Company details • Contact details

14. Overview of GDACE Forms: Application details cont. • EAPs details • Company details • Contact details • Declarations • Require commissioner of oaths

15. Overview of GDACE Forms: Declarations - EAP I _______________-declare under oath that I – act as the independent Environmental Practitioner in this application for ; do not have and will not have any financial interest in the undertaking of the activity, other than remuneration for work performed in terms of the Environmental Impact Assessment Regulations, 2006; have no and will have no vested interest in the proposed activity proceeding; have no, and will not engage in, conflicting interests in the undertaking of the activity; undertake to disclose, to the competent authority, any material information that have or may have the potential to influence the decision of the competent authority or the objectivity of any report, plan or document required in terms of the Environmental Impact Assessment Regulations, 2006;

16. Overview of GDACE Forms: Declarations –EAP cont will ensure that information containing all relevant facts in respect of the application is distributed or made available to interested and affected parties and the public and that participation by interested and affected parties is facilitated in such a manner that all interested and affected parties will be provided with a reasonable opportunity to participate and to provide comments on documents that are produced to support the application; will ensure that the comments of all interested and affected parties are considered and recorded in reports that are submitted to the

17. Overview of GDACE Forms: Declarations –EAP cont competent authority in respect of the application, provided that comments that are made by interested and affected parties in respect of a final report that will be submitted to the competent authority may be attached to the report without further amendment to the report; will keep a register of all interested and affected parties that participated in a public participation process; and will provide the competent authority with access to all information at my disposal regarding the application, whether such information is favourable to the applicant or not.

18. Overview of GDACE Forms: Declarations -applicant I …………………..declare under oath that I - Am, or have been duly appointed to legally represent, the applicant in this application for ; appointed the Environmental Assessment Practitioner as indicated under point 6 above to act as the independent Environmental Assessment Practitioner for this application; will provide the Environmental Assessment practitioner and the competent authority with access to all information at my disposal that is relevant to the application; will be responsible for the costs incurred in complying with the Environmental Impact Assessment Regulations, 2006, including but not limited to – costs incurred in connection with the appointment of the Environmental Assessment Practitioner or any person contracted by the Environmental Assessment Practitioner;

19. Overview of GDACE Forms: Declarations –applicant cont costs incurred in respect of the undertaking of any process required in terms of the regulations; costs in respect of any fee prescribed by the Minister or MEC in respect of the regulations; costs in respect of specialist reviews, if the competent authority decides to recover costs; and the provision of security to ensure compliance with conditions attached to an environmental authorisation, should it be required by the competent authority;

20. Overview of GDACE Forms: Declarations –applicant cont will ensure that the Environmental Assessment Practitioner is competent to comply with the requirements of these regulations; am responsible for complying with the conditions of any environmental authorisation issued by the competent authority; hereby indemnify, the government of the Republic, the competent authority and all its officers, agents and employees, from any liability arising out of the content of any report, any procedure or any action for which the applicant or environmental assessment practitioner is responsible in terms of these regulations; and will not hold the competent authority responsible for any costs that may be incurred by the applicant in proceeding with an activity prior to an appeal being decided in terms of these regulations.

21. Application form: overview Instructions for completion Project admin details • Project title ( which must be used through out the life of the project application) • Question on whether BA or Scoping EIA application • Question on whether compliance to Regulation 78 (3yr no resubmission unless materially different) Project details • Listed activity details • Government notice number and date • Listed activity • Description of activity

22. Application form: overview cont Background details • Applicant details • Company details • Contact details • EAPs details • Company details • Contact details • Relevant experience and qualifications • Local Authority details • Property details • Locality map required

23. Application form: overview cont Compliance with Conditions • Question to Applicant if there is a previous record of non compliance with Dept’s requirements Activity information • HDI & BEE information • Need & desirability of project Declarations

24. Application: NOTICE OF INTENT TO SUBMIT AN APPLICATION

25. Application: BASIC ASSESSMENT

26. Application forms • Basic Assessment Process • Notice of intent form prior to Public participation • Application form • Landowner consent form • Basic Assessment Report

27. Application: BASIC ASSESSMENT REPORT

28. Application forms/report format • Basic Assessment Report • Prescribed format • 5 copies • Note: • Public participation: • All relevant Organs of State • Impacts: • Construction and operation phase • Decommissioning and closure

29. Application forms cont • Upgrade from Basic Assessment to Scoping/EIA • Upgrade form • If approved use scoping/EIA forms • If denied use Basic Assessment forms

30. Basic Assessment • Activities contained in Listing Notice 386 are subject to a basic assessment process • Smaller scale activities • Predicted impacts are generally known and can be easily managed • Will be further limited through exclusions

32. BA Application Documentation • Notice of Intent [R.22(b)(i)] • Submit prior to Public Participation process • Application form [R.24(a)] & Landowner’s consent [R.16(1)] • Personal details, project description, site location • Landowner’s consent if different from applicant

33. BA Report with relevant technical information [R.23(1)] • Activity Information • Relevant policies, alternatives, site plan, photo’s • Location & Description of Receiving Environment • Location • Social, biophysical and cultural sensitivities • replicate for each location alternative • Public Participation: All relevant Govt departments • Resource Use & Process Details • Replicated for procedural, technological and other alternatives • Impact Assessment • Assessment • Recommendations regarding preferred alternatives • EMP • Appendices

34. Application: Upgrade BA to SCOPING AND EIA

35. SR/EIA Application Documentation • Request to upgrade from BA (possible) • Detail motivation required • Application Form • Same as for BA process • Scoping Report & Plan of Study for EIA • Requirements as per regulations Following GDACE review & acceptance • EIR • Requirements as per regulations

36. Application: SCOPING AND EIA

37. Application forms cont • Scoping & EIA Process • Application form • Landowner consent form • Scoping report with Plan of study for EIA (no form, must comply with regulations) • EIA Report with EMP (no form, must comply with regulations)

38. Scoping and EIA • Activities contained in Listing Notice 387 are subject to a thorough assessment process • Activities that due to nature and/or extent is likely to have significant impacts • Associated with high levels of pollution / waste / environmental degradation • Impacts cannot easily be predicted • Higher risk activities

41. Application: COMBINING / CLASS ACIVITIES

42. Application: • Combination of Applications [R.15] • Deals with same type of activity at different locations • Combination of different listed activities in same development • Class applications (identical activities at different locations

43. Application: EXEMPTION FROM CERTAIN PROVISIONS

44. Application forms cont • Exemption [Chapter 5] • Distinct from current ECA exemption process • Exceptional circumstances (e.g. disaster situations) • No set review timeframe • Application for Exemption form • If granted or denied the next step is to • Apply for Basic Assessment; or • Apply for Scoping/EIA • Exemptions Distinct from current ECA exemption process • Exceptional circumstances (e.g. disaster situations) • No set review timeframe

45. Application: AMENDMENT OF RODS

46. Application forms cont • Amendment of Authorisation [Chapter 4] • Application for amendment of authorisation • Reasons for Amendments • Impact of amendments considered: • If granted: describe possible negative impacts • If not granted: describe possible negative impacts

47. Application: APPEALS

48. Application forms cont Appeals • Notification of intent to appeal (no form, submit letter to MEC) • Appeal Form – available at MEC’s office)

49. Notify GDACE of proposed activity prior to public participation process (submitting application) GDACE acknowledge within 14 days Apply to GDACE using prescribed application form accompanied with Basic assessment report GDACE acknowledge within 14 days GDACE review and respond within 30 days from acknowledgement BASIC ASSESSMENT • Authorise • Deny authorisation • Reject report • Request for additional information • Subject the application to Scoping and EIA

50. Apply to GDACE using prescribed application form accompanied with Scoping report GDACE acknowledge within 14 days GDACE review and respond within 30 days from acknowledgement • Accept SR • Refer to Specialist review • Request amendments • Reject the report SCOPING REPORT AND EIA EIA report submitted to GDACE GDACE review and respond within 60 days • Accept EIA report • Refer to Specialist Review • Request amendments • Reject the report Rejected report may be amended and resubmitted If EIA report accepted, ROD within 60 days