Learning Unit 5:

Environmental Assessment:
The National Environmental Management Act, 1998
(part 1)

21 August 2023
 This Lecture

Introduction to EA

Integrated environmental
management

Environmental
Assessment in NEMA

General Elements of a
permitting scheme
Introduction
Introduction to EA

History of environmental assessment in

South Africa

• The before times (Voluntary)

• The ancient times (ECA)
Page 56
• The old times (NEMA regulations 2006)
• The (recent) past times (NEMA regulation 2010)
• The now times (NEMA regulations 2014)

Intro to Environmental Assessment

• Regulating development Page 55

• What’s in a name?
• Integrated environmental management (next up…)
Integrated Environmental Management (IEM)
 Page 59
Introduction to IEM
IEM objectives (section 23 NEMA)

• An environmental management tool must ensure the

following are considered:
✓the actual and potential impact on the environment,
the socioeconomic conditions and the cultural heritage
✓the risks and consequences, and alternatives and
options, for the mitigation of activities, with a view to
minimising the negative impacts, to maximising the
benefits, and to promoting compliance with the
principles of environmental management
✓the evidence of adequate and appropriate public
participation
✓the modes of environmental management that are
best suited to ensure that particular activity is pursued
in accordance with the principles of environmental
management
Environmental Assessment in NEMA
NEMA and IEM Page 57

Section 24(1) NEMA

• In order to give effect to the general

objectives of integrated environmental
management laid down in this Chapter,
the potential consequences for or
impacts on the environment of listed
activities or specified activities must be
considered, investigated, assessed and
reported on to the competent authority
or the Minister responsible for mineral
resources, as the case may be, except in
respect of those activities that may
commence without having to obtain an
environmental authorisation in terms of
this Act.
 Page 57
Minimum Requirements
for EA
Section 24(4) NEMA… every application must include:

• coordination and cooperation between organs of state in the

consideration of assessments where an activity falls under the
jurisdiction of more than one organ of state;
• that the findings and recommendations flowing from an investigation,
the general objectives of integrated environmental management laid
down in this Act and the principles of environmental management are
taken into account in any decision;
• that a description of the environment likely to be significantly affected
by the proposed activity is contained in such application;
 Minimum Requirements Page 57

for EA
Section 24(4) NEMA… every application must include:

• investigation of the potential consequences for or impacts on the

environment of the activity and assessment of the significance of
those potential consequences or impacts;
• public information and participation procedures which provide all
interested and affected parties, including all organs of state in all
spheres of government that may have jurisdiction over any aspect of
the activity, with a reasonable opportunity to participate in those
information and participation procedures;
• investigation of the potential consequences or impacts of the
alternatives to the activity on the environment and assessment of
the significance of those potential consequences or impacts,
including the option of not implementing the activity;
 Page 57
Minimum Requirements
for EA
Section 24(4) NEMA… every application must include:

• investigation of mitigation measures to keep adverse consequences

or impacts to a minimum;
• reporting on gaps in knowledge, the adequacy of predictive
methods and underlying assumptions, and uncertainties
encountered in compiling the required information; and
• investigation and formulation of arrangements for the monitoring
and management of consequences for or impacts on the
environment, and the assessment of the effectiveness of such
arrangements after their implementation
Elements of a permitting scheme
Overview of the Elements Page 58

Activities that require an EA

Permitting authorities

Application procedure

Public participation

Decision making

Post authorisation
 Activities that require an EA Page 59

Identifying “particularly harmful” activities (section 24(2) NEMA)

• Section 24(2) of the NEMA provides that the Minister, or an MEC with the agreement of the
Minister, may identify issues requiring an environmental authorisation, and that may not start
before the granting of the authorisation by the competent authority.
• The issues identified are the following:
• those activities that may not start without environmental authorisation from the competent
authority (section 24(2)(a) of the NEMA)
• the geographical areas based on environmental attributes, and as specified in the spatial
development tools, in terms of which specified activities may only start after the competent
authority has issued environmental authorisation (section 24(2)(b) of the NEMA)

Listing notices… and EIA regulations

 Page 60
Activities that require an EA

• Listing Notice 1
• GNR983
Types of “harmful” activities
• Listing Notice 2
• GNR984 Competent (permitting) authorities
• Listing Notice 3
• GNR985
• EIA Regulations
• GNR982
Overview of the Elements

Activities that require an EA

Permitting authorities

Application procedure

Public participation

Decision making

Post authorisation
 Permitting Authorities Page 60

The competent authority in respect of the activities listed in this Notice

is the competent authority in the province in which the activity is to be
undertaken, unless-
a) it is an application for an activity contemplated in section 24C(2) of the Act,
in which case the competent authority is the Minister or an organ of state with
delegated powers in terms of section 42(1) of the Act; or
b) the listed or specified activity is or is directly related to-
(i) prospecting or exploration of a mineral or petroleum resource; or
(ii) extraction and primary processing of a mineral or petroleum resource;
in which case the competent authority is the Minister responsible for mineral
resources.
Overview of the Elements

Activities that require an EA

Permitting authorities

Application procedure

Public participation

Decision making

Post authorisation
 Outline for “Application Procedure”

Application Procedure
Appointing an Application for The need to
EIA
environmental an compile and “The big picture: Application
Regulations
assessment environmental environmental process
(GNR982)
practitioner authorisation assessment

Scoping and
Page 61 - 72 Basic
Environmental
Assessment
Impact report
 EIA Regulations Page 61

• Listing Notice 1
• GNR983
Types of Activities
• Listing Notice 2
• GNR984 Competent (permitting)
• Listing Notice 3 Authorities
• GNR985
• EIA Regulations
• GNR982
 Page 61
EIA Regulations (GNR982)

Regulates procedures and criteria

Environmental Impact Assessment
Contains the application procedure
Regulations, 2014 Includes decision criteria

Outline of the regulation (in Inside look at the EIA Regulations – How it
practice) works in practice
 Outline for “Application Procedure”

Application Procedure
Appointing an Application for The need to
The EIA environmental an compile and “The big picture: Application
Regulations assessment environmental environmental process
practitioner authorisation assessment

Scoping and
Basic
Environmental
Assessment
Impact report
 Page 61
Appointing an Environmental Assessment
Practitioner

Criteria of EAPs in Non-compliance

What is an EAP? Registration of EAPs
regulation 13 with regulation 13

https://eapasa.org/
For your information only
 Outline for “Application Procedure”

Application Procedure
Appointing an Application for The need to
The EIA environmental an compile and “The big picture: Application
Regulations assessment environmental environmental process
practitioner authorisation assessment

Scoping and
Basic
Environmental
Assessment
Impact report
 Application for an environmental Page 62
authorisation
• An application for an environmental authorisation must be made to
the competent authority on an official form, and it must be
accompanied by prescribed documents and by an application fee
(Regulation 16).

• The competent authority must, on receipt of an application, check it

to ensure compliance with the formal requirements involved
(Regulation 17).
 Outline for “Application Procedure”

Application Procedure
Appointing an Application for The need to
The EIA environmental an compile an “The big picture: Application
Regulations assessment environmental environmental process
practitioner authorisation assessment

Scoping and
Basic
Environmental
Assessment
Impact report
The need to compile an environmentalPage 61 - 62
assessment

Listed activities that need EAP must decide: does the

an environmental activity fall into listing
authorisation notice 1 or listing notice 2?

General Requirements
 Outline for “Application Procedure”

Application Procedure
Appointing an Application for The need to
The EIA environmental an compile and “The big picture”: Application
Regulations assessment environmental environmental process
practitioner authorisation assessment

Scoping and
Basic
Environmental
Assessment
Impact report
Questions?