public hearings of the portfolio committee on water and environmental affairs on environmental...

Public hearings of the Portfolio Committee on Water and Environmental Affairs on

Environmental Impact Assessments (EIA)

Ms. Grace MkhosanaEnvironmental Impact Management

Dr. Nacelle CollinsBiodiversity Research

Introduction• Environmental Impact Assessment (EIA) is now a global tool for

ensuring that environmental concerns are integrated into the development project or programme planning process

• Has become recognised in Africa since 1995 after it was adopted at the African Ministerial Conference on the Environment (AMCEN)

• The effectiveness of EIA has been mixed and, in some cases, has fallen below expectations

Introduction• There are many reasons for this, including amongst others:

oManagement of the process (Competent Authority, consultants, proponent, etc.)

oThe quality of the Environmental Impact Assessments (EIA)

oFollow-up mechanisms

oCapacity-building and communication of EIA results

Statement 1The efficacy of EIA requirements as experienced by

practitioners, regulators and policymakers, in policy, law and environmental governance structures

Management of the process (CA, consultants, proponent, etc.)

•The current EIA requirements are mostly considered to be valuable and effective in that they provide a framework for implementation.

•Collective vs. individual assessment/decision making (CA)

•Higher education (training of officials, engineers, proponents, etc.)

•No certification for Environmental Assessment Practitioners (EAPs)

Statement 1 (continued)

The efficacy of EIA requirements as experienced by practitioners, regulators and policymakers, in policy, law

and environmental governance structures

Management of the process (CA, consultants, proponent, etc.)

•Not sufficiently integrated with the legislative requirements of other relevant Government Departments

•The regulations as they are do not always adequately account for all circumstances, especially those related to already transformed areas (EIA required where an Environmental Management Plan may suffice)

•Section 24G (‘sin now and repent later’, especially with larger project). Use the calculator up to a point, then percentage of project value

The efficacy of EIA requirements as experienced by practitioners, regulators and policymakers, in policy, law

and environmental governance structures

Management of the process (CA, consultants, proponent, etc.)

•Municipal compliance bulk services does not always support sustainable development (e.g. poor performing waste water treatment plants do not support housing development)

Statement 1 (continued)

The efficacy of EIA requirements as experienced by practitioners, regulators and policymakers, in policy, law

and environmental governance structures

The quality of the EIA

•Their potential value and effectiveness are, however, often undermined by poor and substandard reports from Environmental Assessment Practitioners (EAPs) and specialists

oNo certification for EAPs

oPoor quality of specialist reports (registration with the South African Council for Natural Scientific Professions; SACNASP)

Statement 1 (continued)

Follow-up mechanisms

• Environmental Authorization (EA) conditions (limited follow-up on whether EA conditions are adhered to during implementation due to resource constraints; FS DETEA has employed a number of officials to deal with brown issues)

The efficacy of EIA requirements as experienced by practitioners, regulators and policymakers, in policy, law

and environmental governance structures

Statement 1 (continued)

Statement 2The effectiveness of EIA as a planning and regulatory

tool in relation to EIA review and Environmental Management Plan (EMP) implementation

• Not always effective; often used as the only tool for regulation and planning (Integrated Environmental Management, IEM)

• Other tools to use:oStrategic Environmental Assessments (SEAs)oSpatial Development Frameworks (SDFs) oIntegrated Development Plans (IDPs)

Statement 2 (continued)

• EMP ought to be an effective planning and regulatory tool (link between the theory of the EIA and the practical of implementation)

• However: oConflict of interest of Environmental Control Officers (ECOs)oCompetency of ECOsoLimited involvement of the Competent Authority (specifically the

enforcement)

The effectiveness of EIA as a planning and regulatory tool in relation to EIA review and Environmental

Management Plan (EMP) implementation

Statement 2 (continued)

• Effectiveness is often undermined because of lack of conviction by the proponent (seen as a must rather than an opportunity to achieve sustainable development)

• E.g. Ladybrand road development across wetland received international award after FS DETEA intervention

The effectiveness of EIA as a planning and regulatory tool in relation to EIA review and Environmental

Management Plan (EMP) implementation

Conclusion• EIA process is a valuable tool, along with EMP.

•Most of its failures have been related to its implementation, not the process per sé

• South African conference on the topic “Ten Years of EIA in South Africa”, - recognized the inadequacies of many EIAs, but still concluded that EIAs are marginally effective and still a worthy investment

• At the Conference it was agreed that an Environmental Impact Assessment and Management Strategy (EIAMS) should be formulated for SA – Support this initiative