eia regulations amendments
DESCRIPTION
EIA Regulations Amendments. Proposed changes to EIA regime. WUL Pre –application Public participation Application submission Preliminary assessment Detailed Assessment Request additional information Finalize assessment Decision. MPRDA Application. 2014: Basic Assessment Process. - PowerPoint PPT PresentationTRANSCRIPT
EIA Regulations Amendments
• Proposed changes to EIA regime
Rationale for amendments to EIA regime
• Need for alignment of environmental authorisations (National Environmental Management Act sections 24K and 24L) and limited progress made thus far
• Infrastructure Development Bill proposes to regulate EIA timeframes
• Ministers agreed to a single environmental system under NEMA where DMR will become a competent authority in terms of NEMA. EIA Regulations must become time-bound ensuring alignment with MPRDA processes. Addition of water use license alignment a logical outcome
• Simultaneous decisions required in terms of: NEMA; NEM: Waste Act; NEM: Air Quality Act; NEM: Integrated Coastal Management Act; and National Water Act
•In order to ensure streamlining, proposed amendments to give effect to this; to be gazetted for public comment soon
EIA Regulations amendments
• Timeframes for all the steps in the EIA process
• Basic assessment 197 or 247 days & Scoping & EIR 300 or 350 days
• An application for an environmental authorisation (EA) may (where applicable) only be submitted after the acceptance of:
an application for any right or permit in terms of the MPRDA; and where section 24L NEMA applies, in the manner as agreed to by the relevant
authorities.
Public Participation including CA (30 days)incorporate PP comments
90
day
s
90
day
s
BAR, EMPr & Clsoure Plan review
Decision
197
DAY
S (N
on- s
ubst
antiv
e)
247 DAYS (Substantive)
MPRDA Application
DMR Finalises MPRDA
Application
107
day
s Public Participation including CA (30 days)Incorporate PP comments
Consultation Basic Assessment Report
107 days
90 days
157 days
Consultation Basic Assessment Report , EMPr and Closure Plan
50 days
Acceptance
Submit BAR, EMPr & Closure Plan
WUL Pre –application
Public participation
Application submission
Preliminary assessment
Detailed Assessment
Request additional
information
Finalize assessment
Decision
BAR, EMPr & Clsoure Plan review
Decision
Submit BAR ,EMPr & Closure Plan
Notification of addition 50 days PP
MPRDA DECISION EFFECTIVE
APPEAL ON EA AND SEMA DECISION PREREQUISITE FOR MPRDA DECISION
BECOMING EFFECTIVE
EA & SEMA APPEAL FINALISED (60- 90 days)
public participation including CA (30 days) incorporate PP comments
44
day
s
43 days accept or
43
day
s
Public Participation including CA (30 days)Incorporate PP comments
develop EIR & EMPr
10
6 d
ays
19
3 d
ays
300
DAY
S (N
on- s
ubst
antiv
e)
350 DAYS (Substantive)
MRDA application
DMR Finalises MPRDA
Application
Acceptance
107
day
s Public participation incl CA (30 days)Incorporate PP comments
50 days
Consultation Scoping report
107 days
193 days
157 days
EIR & EMPr review
Decision
Notification of addition 50 days PP
EIR & EMPr review
Decision
WUL Pre –application
Public participation
Application submission
Preliminary assessment
Detailed Assessment
Request additional
information
Finalize assessment
Decision
l
EA & SEMA APPEAL FINALISED (60- 90 days)
MPRDA DECISION EFFECTIVE
Refuse application if scoping report unacceptable
APPEAL ON EA AND SEMA DECISION PREREQUISITE FOR MPRDA DECISION
BECOMING EFFECTIVE
EIA Regulations amendments
•Previously only steps of authorities were time bound
•Application will immediately lapse in event where applicant or EAP fails to meet regulated time-frames
•Regulations providing for the refusal of an application if a scoping report is unacceptable.
•Extensions: as per flow diagram or under exceptional circumstances
•Main activity to be authorised only. Such application to include all activities triggered but need not be specifically applied for or authorised although it must all be assessed
EIA Regulations amendments
•4th Listing Notice provided for (requiring basic assessment) – activities already subjected to an assessment using a spatial development tool in a specific geographical area, and to provide for reliance on pre-assessment in the basic assessment process.
•Appeals and exemptions are to be provided for in separate national regulations
•Exemptions only possible from steps / requirements in the process, not from the requirement to obtain environmental authorisation [section 24M(1) of NEMA]
Thank You