Learning Unit 5:

Environmental Assessment:
The National Environmental Management Act, 1998
(part 2)

23 August 2023
 This Lecture

Introduction to EA

Integrated environmental
management

Environmental
Assessment in NEMA

General Elements of a
permitting scheme
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
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 63
The big picture: Application process
Listing notice 1 Listing notice 2
Application

BAR SR

Decision Decision

EIR

Decision

Appeal

Review
 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
 Basic Assessment
Report Page 64 - 66
Contents of Basic Assessment

Submission of Application

Decision on Application

Summary of Basic Assessment

 • scope of the proposed activity Page 64
• policy and legislative context
• need and desirability
• a motivation for the preferred site, activity
and technology alternative
Basic • a full description of the process followed
to reach the proposed preferred
Assessment: alternative within the site
• impacts of the activity: throughout life of
Contents the activity;
• an assessment of each identified
potentially significant impact and risk,
including –
• where applicable, specialist report
• an environmental impact statement;
 Page 64
• based on the assessment, and where applicable,
impact management measures from specialist
reports, the recording of the proposed impact
management objectives and the impact man-
agreement outcomes for the development for
inclusion in the environmental management
programme (EMPr);
Basic • conditions on authorisation;
Assessment: • assumptions, uncertainties and gaps in knowledge
• a reasoned opinion on authorization and possible
Contents conditions
• period for which the environmental authorisation is
required
• where applicable, details of any financial provisions
• any specific information required by the competent
authority; and
• any other matters required in terms of sections
24(4)(a) and (b) of the Act.
 Page 65
• public participation process
• register of all interested and affected
Basic parties
• considering all objections and
Assessment: representations received from interested
and affected parties following the public
Submitting participation process
the • preparing a basic assessment report
• giving all interested and affected parties
Application an opportunity to comment on the basic
assessment report.
 Page 66

• Accept or Reject
Basic
• Written reasons
Assessment: • Appeal (internal)
Decision on • Review (court)
Application
 Basic Assessment: Summary
Page 66
Appoint EAP

Determines assessment type Basic assessment (in this case)

Submit application

To competent authority

Public participation

1. Notice and Comment/Hearings 2. Register 3. Objections and comments considered

Submission

BAR EMPr Closure plan

Decision

1. Reasons 2. Appeal (internal) 3. Review (courts)

 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
Scoping and Environmental
impact report (S&EIR) Page 67 - 72
Introduction

Scoping report

EIA Report

Specialist Report

Summary of Scoping and Environmental

Impact Report
 Page 67
• Two part process
1. Scoping Report
2. Environmental Impact Report

• (In addition, specialist and

S&EIR: environmental management
programmes may be required)
Introduction
• Applications for S&EIR must be
submitted to the competent
authority.
 • After the submission of the Page 66
application, the EAP managing the
process must
• conduct public participation process
• give notice in writing of the proposed
application to any organ of state having
jurisdiction
• open and maintain a register of all
S&EIR: interested and affected parties
• consider all objections and
Introduction representations
• identify issues relevant for consideration;
potential impacts of the proposed activity
and alternatives to the proposed activity
• prepare a scoping report
• give all interested and affected parties an
opportunity to comment on the scoping
report.
• submit the scoping report to the
competent authority
 Page 67
• a description of the scope of the proposed
activity;
• a description of the policy and legislative
context within which the development is
proposed including an identification of all
legislation, policies, plans, guidelines, spatial
Scoping Report: tools, municipal development planning
frameworks and instruments that are
Contents applicable to this activity and are to be
considered in the assessment process;
• a motivation for the need and desirability
for the proposed development including the
need and desirability of the activity in the
context of the preferred location;
 Page 68
• a full description of the process followed to
reach the proposed preferred activity, site and
location within the site, including –
• See page 67
• a plan of study for undertaking the
environmental impact assessment process to be
undertaken, including –
Scoping Report: • See page 68
• an undertaking under oath or affirmation by the
Contents EAP in relation to the level of agreement be-
tween the EAP and interested and affected
parties on the plan of study for undertaking the
environmental impact assessment;
• where applicable, any specific information
required by the competent authority; and
• any other matter required in terms of section
24(4)(a) and (b) of the Act.
 Page 69
• a description of the scope of the proposed
activity;
• a description of the policy and legislative
context within which the development is
located and an explanation of how the
proposed development complies with and
responds to the legislation and policy
EIA Report: •
context;
a motivation for the need and desirability
Contents for the proposed development
• a motivation for the preferred development
footprint
• a full description of the process followed to
reach the proposed development footprint
within the approved site, including: (PAGE
69)
 Page 69
• impacts of the activity and associated structures
and infrastructure… including
• (Page 69)
• an assessment of each identified potentially
significant impact and risk, including –
• (Page 69)
• where applicable, a summary of the findings and
recommendations of any specialist report
EIA Report: • an environmental impact statement which
contains –
• (Page 70)
Contents • Possible recommendations from specialist
reports, the recording of proposed impact
management objectives, and the impact
management outcomes for the development for
inclusion in the EMPr + possible Conditions
• the final proposed alternatives;
• any aspects which were conditional to the
findings of the assessment either by the EAP or
specialist which are to be included as conditions
of authorisation
 Page 70
• a description of any assumptions,
uncertainties and gaps in knowledge;
• opinion as to whether the proposed activity
should or should not be authorised,
• the period for which the environmental
authorisation is required
EIA Report: • where applicable, details of any financial
provisions
Contents • an indication of any deviation from the
approved scoping report, including the plan
of study;
• any specific information that may be
required by the competent authority; any
other matters required in terms of section
24(4)(a) and (b) of the Act.
 Page 70
• details of: the specialist who prepared the report; and the
expertise of that specialist to compile a specialist report including
a curriculum vitae;
• a declaration that the specialist is independent in a form as may
be specified by the competent authority;
• an indication of the scope of, and the purpose for which, the
report was prepared;
Specialist • the date and season of the site investigation and the relevance of
the season to the outcome of the assessment;
Report: • a description of the methodology adopted in preparing the
report or carrying out the specialised process;

Contents • the specific identified sensitivity of the site related to the activity
and its associated structures and infrastructure;
• an identification of any areas to be avoided, including buffers;
• a map superimposing the activity
 • a description of any assumptions made and any
uncertainties or gaps in knowledge; Page 71
• Impact of the proposed activity, including identified
alternatives on the environment;
• any mitigation measures for inclusion in the EMPr;
• any conditions for inclusion in the environmental
authorisation;
Specialist • any monitoring requirements for inclusion in the EMPr or
environmental authorisation;
Report: • a reasoned opinion -: should be authorised; and
mitigation measures;
Contents • a description of any consultation process and summary of
Comments
• any other information requested by the competent
authority.
 Appoint EAP
Scoping and Environmental Impact Report: Determine assessment type Scoping & Environmental Impact Report (in this case)

Submit application

To competent authority

Public participation

1. Notice and Comment/Hearings 2. Register 3. Objections and comments considered

Summary
Page 72

Conduct Scoping report

Actual Scoping Prepare Report Public participation

Decision

Reasons Appeal Review

More Reports

EIR EMPr Closure Plan (Scoping report already submitted above)

Decision

Reasons Appeal Review

Overview of the Elements

Activities that require an EA

Permitting authorities

Application procedure

Public participation

Decision making

Post authorisation
 Page 72
Public Participation
• Interested and Affected Parties (I&AP) and lists
• Notification to I&AP
• General Notices
• Written notice to:
• the owner or person in control of the land, if the
applicant is not the owner, or is not in control, of the
land
• the occupiers of the site where the activity is to be
undertaken
• the owners and the occupiers of land that is adjacent
to the site
• the municipal councillor of the ward
• the municipality with jurisdiction in the area
• any organ of state with jurisdiction regarding the
activity
• Reasonable opportunity to comment
• Decision-making and post authorisation procedures
Overview of the Elements

Activities that require an EA

Permitting authorities

Application procedure

Public participation

Decision making

Post authorisation
 Page 73
Decision-making
• PAJA
• Relevant factors
• any pollution or environmental degradation
that is likely to be caused if the application is
approved or refused
• measures that could be taken to protect the
environment
• measures that could be taken to prevent,
control, abate or mitigate any pollution or
environmental degradation
• the ability of the applicant to implement
mitigation measures and to comply with any
conditions subject to which the application
may be granted
• Provision for on-going management
• I&AP
Overview of the Elements

Activities that require an EA

Permitting authorities

Application procedure

Public participation

Decision making

Post authorisation
Post Authorisation Page 73

• Internal Appeal: internal (within the Department)

• External Review: External (Courts)
• Contents of the authorisation
• must contain details of what the developer can and cannot do.
• must include the specification of the property, site or area, so as to allow for
the defining of the limits of the authorisation.
• must include all the obligations that the developer must follow.
• EMPr
 Post authorisation: EMPr
Page 74 and 65

• This is how development is managed throughout the lifetime of the

project – manage the ongoing impacts of the activity
• Ongoing management and must be implemented (Compulsory)
• Applies to BAR and S&EIR
• MUST be submitted as part of the application (Compulsory)
• Contents of the EMPr must be complied with
• Contents are found in the EIA Regulations (GNR982)
• Contains provisions for monitoring and reporting to the authorities
• Provides for the rehabilitation of the site once the development has finished
• Non-compliance = administrative and judicial measures (LU 8&9)
 EMPr Contents Page 65
• Contents:
• details of –
• the EAP who prepared the EMPr; and
• the expertise of that EAP to prepare an EMPr, including a curriculum vitae;
• a detailed description of the aspects of the activity that are covered by the EMPr as
identified by the project description;
• a map at an appropriate scale which superimposes the proposed activity, its associated
structures, and infrastructure on the environmental sensitivities of the preferred site,
indicating any areas that any areas that should be avoided, including buffers;
• a description of the impact management objectives, including management statements,
identifying the impacts and risks that need to be avoided, managed and mitigated as
identified through the environmental impact assessment process for all phases of the
development
• a description and identification of impact management outcomes required for the aspects
contemplated in the above point;
• a description of proposed impact management actions, identifying the manner in which
the impact management objectives and outcomes contemplated in the above two points
will be achieved;
• the method of monitoring the implementation of the impact management actions ;
 EMPr Contents Page 65
• Contents continued:
• the frequency of monitoring the implementation of the impact management
actions ;
• an indication of the persons who will be responsible for the implementation of the
impact management actions;
• the time periods within which the impact management actions must be
implemented;
• the mechanism for monitoring compliance with the impact management actions;
• a programme for reporting on compliance, taking into account the requirements
as prescribed by the Regulations;
• an environmental awareness plan describing the manner in which … risks must be
dealt with in order to avoid pollution or the degradation of the environment
• any specific information that may be required by the competent authority
Overview of the Elements
Recap…
Activities that require an EA

Permitting authorities

Application procedure

Public participation

Decision making

Post authorisation
Conclusion
 Conclusion
• After studying this learning unit, you should
• understand the legislative provisions authorising environmental assessments
• understand that certain activities require an authorisation before they may commence,
which you should be able to identify
• realise that an application must be made if there is an intention to undertake an activity that
is likely to impact detrimentally on the environment
• understand that certain activities are known as “listed activities”
• know that an authorisation is required to undertake a listed activity
• be able to discuss the different types of assessment used, the satisfying of which is required
to undertake listed activities
• be able to distinguish between activities listed in Government Notice Regulation (GNR) No
R983 and in GNR No R984
• be able to distinguish between a basic assessment (BAR) and scoping and environmental
impact reporting (S&EIR)
• be able to set out the procedure to follow in obtaining authorisation to undertake a certain
development
Questions