Lecture 7:
Intrenched in legislation – in acting principles that found in constitution.
o Avenue of being enforced (NEMA) – what are principles that contained
and required for authorisation processes?
Specific environmental management act (SEMAs) = waste management act,
biodiversity act, water act, heritage resources act, integrated coastal management
act
May trigger environmental authorisation under NEMA but does not exclude SEMA
(can trigger in both forms of legislation).
o SEMA different application but run concurrently with NEMA (if air quality listed
activity and air quality for approval)
o Know different legislation – scope of the act (what is applicable to).
o Show if there are different authorizations required under the act.
NEMA environmental authorisation types:
o Basic assessment process
Smaller scale development when knowing the potential impacts (takes
180 – 200 days)
Legislation tell the timeframes – can’t lapse then have to restart (high
cost)
R2000 application.
o Scoping and EIA processes
300-350 days
Types of large-scale of development and the impacts are significant
and unknown.
Large amount of specialist’s studies
R10000 application fee.
o Section 24G process (listed activity has commenced without authorisation –
farmers starting development without authorisation)
No timeframes associated.
Levees – depending on how bad then administer fine that vary
between R200000 – R10 million.
Generic EIA process (full scoping)
o Project
o Screening
EIA not required.
EIA required.
Scoping
Impact assessment
Draft environmental management plan
EIA report
Review
Decision
o Approved
o Not approved
Screening: proponent provides a detailed project description (normally has
associated activities which may trigger) – location and the associated infrastructure
o Listing notices 1 and 3: basic assessment processes
, Listing notices 3 refers to specific regions and differs in different
provinces (dependent on the project and look at the specific areas that
trigger the listing)
o Listing notices 2: full scoping and EIA
o There have been many amendments since NEMA started but the most
relevant is 2017.
o Listing shows different thresholds and take note of the fact that in listing
notice of and/ or factors when both.
If not over the threshold, then does not require EIA.
Definitions are important for explanation to differentiate concepts.
o Exclusions are included.
o Identified potential listed activities – different provinces and look at
applicability checklist (may be excluded but need confirmation from listed
authorities)
Proposed development and list associated activities that are thought
applicable or not applicable and then the government will give
documented proof.
The national government doesn’t have an applicability checklist.
o Always make sure up to date with the correct application form.
o Screening tool: potential things associated with the development (help
standardize for EAPs, and help determine the kind of specialists required,
bought out by the government)
Screening tool report must be attached to all final document reports.
Can dispute information because the screening tool uses
historical data and therefore requires specialists to prove if the
themes in the screening tool are correct.
High sensitivity rating in theme then full scoping but if low then
can say no further specialists are required, just a compliance
statement unless specialists say that don’t need it because not
present.
Very high, high and medium require specialists.
o Site verification when EAP agrees or disagrees with the screening tool.
o A site visit is always required by law to be done.
o Determine specialists and technical inputs required from the screening tool
and therefore if full application.
Have to identify authority for an application form that has all the
information – CV of the person conducting.
Submit notice of intent of application
Arrange a pre-application meeting with the competent official.
o Before submitting the application have to have a draft and then have done 30
days of public participation and therefore have to submit upfront.
From 2022 have to be registered EAPs to all EIA.
Development setback: setback line defined or adopted by the competent authority
(doesn’t look at large area when there is only one triggered activity and want to
exclude that then only have in the area of development and exclude notice)
o Won’t know if someone has applied for a setback line – would have to ask
authority.
Intrenched in legislation – in acting principles that found in constitution.
o Avenue of being enforced (NEMA) – what are principles that contained
and required for authorisation processes?
Specific environmental management act (SEMAs) = waste management act,
biodiversity act, water act, heritage resources act, integrated coastal management
act
May trigger environmental authorisation under NEMA but does not exclude SEMA
(can trigger in both forms of legislation).
o SEMA different application but run concurrently with NEMA (if air quality listed
activity and air quality for approval)
o Know different legislation – scope of the act (what is applicable to).
o Show if there are different authorizations required under the act.
NEMA environmental authorisation types:
o Basic assessment process
Smaller scale development when knowing the potential impacts (takes
180 – 200 days)
Legislation tell the timeframes – can’t lapse then have to restart (high
cost)
R2000 application.
o Scoping and EIA processes
300-350 days
Types of large-scale of development and the impacts are significant
and unknown.
Large amount of specialist’s studies
R10000 application fee.
o Section 24G process (listed activity has commenced without authorisation –
farmers starting development without authorisation)
No timeframes associated.
Levees – depending on how bad then administer fine that vary
between R200000 – R10 million.
Generic EIA process (full scoping)
o Project
o Screening
EIA not required.
EIA required.
Scoping
Impact assessment
Draft environmental management plan
EIA report
Review
Decision
o Approved
o Not approved
Screening: proponent provides a detailed project description (normally has
associated activities which may trigger) – location and the associated infrastructure
o Listing notices 1 and 3: basic assessment processes
, Listing notices 3 refers to specific regions and differs in different
provinces (dependent on the project and look at the specific areas that
trigger the listing)
o Listing notices 2: full scoping and EIA
o There have been many amendments since NEMA started but the most
relevant is 2017.
o Listing shows different thresholds and take note of the fact that in listing
notice of and/ or factors when both.
If not over the threshold, then does not require EIA.
Definitions are important for explanation to differentiate concepts.
o Exclusions are included.
o Identified potential listed activities – different provinces and look at
applicability checklist (may be excluded but need confirmation from listed
authorities)
Proposed development and list associated activities that are thought
applicable or not applicable and then the government will give
documented proof.
The national government doesn’t have an applicability checklist.
o Always make sure up to date with the correct application form.
o Screening tool: potential things associated with the development (help
standardize for EAPs, and help determine the kind of specialists required,
bought out by the government)
Screening tool report must be attached to all final document reports.
Can dispute information because the screening tool uses
historical data and therefore requires specialists to prove if the
themes in the screening tool are correct.
High sensitivity rating in theme then full scoping but if low then
can say no further specialists are required, just a compliance
statement unless specialists say that don’t need it because not
present.
Very high, high and medium require specialists.
o Site verification when EAP agrees or disagrees with the screening tool.
o A site visit is always required by law to be done.
o Determine specialists and technical inputs required from the screening tool
and therefore if full application.
Have to identify authority for an application form that has all the
information – CV of the person conducting.
Submit notice of intent of application
Arrange a pre-application meeting with the competent official.
o Before submitting the application have to have a draft and then have done 30
days of public participation and therefore have to submit upfront.
From 2022 have to be registered EAPs to all EIA.
Development setback: setback line defined or adopted by the competent authority
(doesn’t look at large area when there is only one triggered activity and want to
exclude that then only have in the area of development and exclude notice)
o Won’t know if someone has applied for a setback line – would have to ask
authority.
