Speech by Marthinus van Schalkwyk, Minister of Environmental Affairs and Tourism, at the first Regional International Association for Impact Assessment conference, Somerset West

Introduction

Our experience in South Africa continues to prove that the interests of communities and the interests of the environment can never be separated. Economic development and investment on the one hand, and conservation on the other, need not be opposing end-goals. Environmental Impact Assessments (EIAs) are internationally recognised as an important tool to enable governments to ensure that environmental considerations are taken into account when reaching important decisions on development and investment.

The way in which EIAs have been handled in South Africa has come a long way. Government is committed to making even further improvements to the EIA system, which will ensure that our future economic growth occurs in a manner that does not compromise the integrity of our environment.

Implementation of the 1997 EIA regulations by authorities and feedback received from stakeholders revealed a number of inadequacies in the regulations and the general EIA system of South Africa. In reviewing these regulations it became clear that in order to introduce a set of new and far reaching measures that would allow for a more strategic approach to the management of the environmental impacts of developments, amendments to our National Environmental Management Act (Nema) itself were required. In the interim however, it was decided to go ahead and amend the EIA regulations within the limits of the enabling legislation to streamline them and to deal with problems that had arisen in implementation.

Capacitating provinces

Accordingly, on 3 July 2006 the Nema EIA regulations came into force. The new system introduced in these regulations has already begun to pay dividends in terms of streamlining processes, as witnessed by the fact that across the country there is virtually no delay in the processing of applications that have been submitted in terms of these new regulations. This achievement is in part due to a major training effort with the provincial authorities, the introduction of consistent systems across the country and the introduction of mandatory processing times. Contracts to the amount of R11 300 000 have been awarded to service providers to assist provincial authorities with the expedient finalisation of the remaining applications under the old 1997 regulations. We are looking forward to completion of the total backlog by the end of this financial year.

I am also pleased to announce that accredited training will be rolled out in five national centres. Provinces have been informed well in advance of the dates for training. This training will cover the areas identified by Department of Environmental Affairs and Tourism and all provinces as areas of concern. I must warn all officials that they should come prepared to work hard in this five-day intensive training course. There will be an examination at the end of the course.

In the process of capacitating provinces, our department realises the need for proper consultation. It is also important not to provide a one size fits all solution. Hence we are currently conducting a capacity audit and needs analysis survey.

Nema amendments to further streamline the system

The Nema amendments are currently in Parliament and the amendments to the regulations and listing notices are being finalised and will be ready for publication once the Nema amendment has been promulgated.

I however have to mention the fact that there are 10 authorities implementing the same law and regulations. This complicates the matter of reaching consensus, especially on the wording and thresholds for listed activities. It is our view that it is worth having regulations and listing notices with more rather than less detail in order to ensure that as far as possible these can be used by all authorities and that there is national consistency in the way that the EIA system is managed and run.

Allow me to highlight and announce some specific amendments to Nema that we believe will further improve our EIA system.

Environmental Management Frameworks

For some time now it has been apparent that using EIAs as the only means of dealing with environmental impacts is severely limiting and creates huge system problems. Therefore, the amendments to Nema make provision for the introduction of a wider set of environmental impact management tools, and the 2006 regulations explicitly provided for the development of Environmental Management Frameworks. Section 24 (3) of Nema provides for the Minister to compile information and maps that specify the attributes of the environment in particular geographical areas, including the sensitivity, extent, interrelationships and significance of such attributes which must be taken into account by every competent authority.

It further enables the Minister to use and consider the information compiled in an Environmental Management Framework for applications for environmental authorisation in a geographical area.

There is currently a thrust spearheaded and largely funded by our department to ensure that EMFs are done for areas that are under severe development pressure or where there are biophysical and environmental attributes and issues that require special attention.

EMFs have huge benefits for development because they embody a pro-active approach. EIAs are reactive in the sense that they are only undertaken once a development proposal has been formulated. EMFs pro-actively look at the characteristics of an area and highlight the specific aspects that enable land use planners to take better decisions. Due to the large number of variables that have to be considered in the compilation of an EMF, it is unfortunately an expensive exercise, but because it lays a proper foundation for all aspects of land use, local authorities are encouraged to make use of this tool. Once it is in place, the benefits are obvious.

Environmental Assessment Practitioners (EAPS)

Another positive development in this field is the initiative taken by environmental practitioners to improve the quality of work undertaken by practitioners in this industry.

At a meeting we convened in 2005 with representatives from the environmental impact assessment profession, I appointed the Interim Certification Board (ICB) for practitioners to initiate a systematic and inclusive process, which would deliver on the identified needs and legal requirements for the establishment of a registration authority for practitioners in South Africa. Department of Environmental Affairs and Tourism and the ICB subsequently started a process expected to culminate in the establishment of a registration authority for environmental assessment practitioners.

A national conference of stakeholders was held in March 2006 and during two subsequent discussions of the working group, which was mandated at the national conference to take this forward, it became apparent that the South African Qualification Authority (Saqa) will have to develop unit standards as part of this project. A second stakeholder conference is planned for 20 to 21 November 2007, where the work done by the mandated working group will be presented and discussed.

The fact that the environmental assessment profession has no single qualification that serves as a common denominator makes the regulation of the industry very difficult. Specialities in a number of fields form part of the profession and include a wide range of fields, e.g. landscape architects, planners, etc.

I would like to announce that government officials responsible for environmental assessments will also be required to meet the same criteria as that of EIA consultants, which means the work done by reviewers must also be taken into account during the process. Every method must be used to ensure that the new proposed system is seen to be truly objective and inclusive.

Integration of EIA applications and the Municipal Infrastructure Grant (MIG) projects

The integration of EIA applications in relation to the Municipal Infrastructure Grant process, has been an area of concern for some time, and has caused many unnecessary delays and frustrations.

It has often happened that a project has been planned in great detail, and only when the contractors have been selected, it is realised that the development also need an EIA authorisation. Therefore I am pleased to announce that our department has appointed a service provider to evaluate the two procedures to identify areas of possible overlap and duplication, and to propose a procedure that would meet the needs of both sets of requirements in one process. This project will be concluded in this financial year.

Sector guidelines

I am also pleased to report that sector guidelines are being developed in order to facilitate a more efficient EIA system. The following sectors have been prioritised due to links with Accelerated Shared Growth Initiative for South Africa (AsgiSA) priorities.

These sectors are:

* linear infrastructure development
* energy generation, distribution and supply
* large scale property development
* social infrastructure
* agri-industry.

Efficiency and effectiveness survey and new impact management strategy

It is important to continuously monitor and evaluate the EIA system. In this regard, our department has just advertised tenders for a survey to evaluate the efficiency and effectiveness of the EIA regulations, as implemented for 10 years now. The results of this survey will inform further strategies around environmental impact management, which will enable us to apply our resources better, to eliminate unnecessary EIAs, to provide for other tools apart from EIAs which might be more effective in specific cases, and to allow flexibility in order to be more efficient. It is envisaged to have a national conference along these lines around October 2008, when the results of the survey should be in.

Conclusion

I am firmly of the view that the amended EIA regime will combine the best of the current system with new provisions to streamline processes even further, and will ensure that the application and administration of our environmental laws is more efficient and effective. The end result will be better for conservation, better for communities, better for development and better for South Africa.

Enquiries:
Riaan Aucamp
Cell: 083 778 9923

Issued by: Department of Environmental Affairs and Tourism
5 November 2007