Companies undertaking environ- mental-impact assessments (EIAs) need to ensure that the environmental specialists employed or hired are adequately skilled and experienced in their assigned field of practice, says law firm Glyn Marais Incorporated environmental director Dr Ernst Basson.

Glyn Marais Incor-porated is an associated firm of legal practice SNR Denton.

The company, as well as the consultant, can be held liable and prosecuted in a criminal court or face professional liability issues, including civil claims, if incorrect or misleading environmental information is submitted to the Department of Environmental Affairs (DEA).

“In the long term, making use of an inexperienced or underqualified environmental consultant could cost a company much more [than the cost of hiring a competent consultant] in operational delays, fines, court cases and a damaged reputation,” says Basson.

In April, an environmental consultant and his firm were found guilty for providing incorrect and misleading information to the DEA.

Engineering News reported that the consultant’s decision led to the development of a construction site on a wetland, which is a contravention of the 2006 EIA regulations.

The information supplied by the consultant stated that no wetland existed on the site, in Midrand. This was based on his own professional opinion, which was formed by the reports of other nonwetland specialists who assisted in the undertaking of the EIA.

“It seems the environmental consultant had used the incorrect methodology in exercising his own discretion in determining if the site was a wetland or not,” Basson says.

He adds that, since the consultant was not a trained wetland specialist, the court held that he should have referred the decision to an independent wetland specialist.

Although the court found that it was not the consultant’s intention to defraud the system, his criminal liability resulted from assuming the role of a specialist in a field in which he or she was apparently not adequately trained, he says. However, the environmental guidelines governing EIAs are clear – one can only be a specialist in the field for which one is certified and qualified.

“The quality of the environ- mental consultants also has significant impacts and long-term implications for the environment. Bad science will lead to poor management of environmental impacts,” notes Basson.

Time-Consuming and Costly
A significant challenge for companies is that not enough time or capital is allocated to the required environmental authorisation procedures, particularly for tenders or bids.

“During competitive bids or tenders, the cost of services offered plays a significant role. If another environmental specialist is added to undertake an EIA, the price is driven up and the tender or bid may be lost,” says Basson.

Owing to the inherent complexities in environmental decision-making, informed, well-researched and fully understood decisions must be made regarding environ- mental issues.

There also seems to be a tendency in industry to use one specialist to undertake all environmental services. However, Basson points out that an environmental generalist cannot perform a specific specialist job and neither can a specialist act outside his or her field.

A Possible Solution
In April, Engineering News reported the launch of the Environmental Assessment Practitioners Association of South Africa, which aims to establish, promote and maintain the registration and professional conduct of environmental assessment practitioners.

In future, this may assist companies in ensuring that the consultants used for EIAs act professionally and ethnically and follow the correct procedures in environmental researching and reporting, and only undertake what they are qualified for, concludes Basson.