Guidelines and information about the implementation of the new NEMA EIA regulations will be available on June 1, 2006. The implementation date for the new EIA regulations will be on 1 July, 2006.
The Environmental Impact Assessment (EIA) Regulations promulgated under the Environment Conservation Act (ECA) 1989, will be replaced by the new EIA Regulations which have been passed in terms of Chapter 5 of the National Environmental Management Act, 1998, as amended (NEMA). The repeal of the ECA EIA Regulations and its replacement with NEMA EIA Regulations will thus be effective from 1 July 2006. NEMA states that before certain development activities can be undertaken, an environmental impact assessment must be followed.The environmental departments of the various provincial governments are responsible for evaluating applications that have been submitted in terms of the EIA regulations. Based on the findings of the EIA process, a decision in the Western Cape will be made by the Department of Environmental Affairs and Development Planning on whether the development is authorised or refused.
The National Department of Environmental Affairs and Tourism is responsible for evaluating projects of national importance (for instance projects that cross provincial or national boundaries).
The written decision previously called a Record of Decision (RoD) is now called an Environmental Authorisation. This is a legal document setting out the conditions of the authorisation and the actions required to protect human health and the environment. Any affected party may appeal against the decision contained in an environmental authorisation. Appeals must be lodged with the Minister who considers appeals in terms of the relevant provisions of NEMA and the environmental regulations.
A notable difference between the current EIA Regulations in terms of NEMA and previous EIA Regulations in terms of ECA is the stipulation of timeframes which must be adhered to.
Queries can be lodged at a call centre available on: Tel: 021 483 4098 during office hours (09h00 - 15h00) Email
A transitional arrangements guideline has been drafted to effect theseamless transition from the previous EIA ECA Regulations to the new NEMA EIA Regulations. Applicants are requested to familiarise themselves with these transitional arrangements. Applicants must also consult guidelines with regard to Public Participation and the consideration of Alternatives before submitting an EIA application with the Department. Applicants may also request exemption from certain provisions in the Regulations by completing the application for exemption in the Notice of Intent and Application Forms
Development proposals/projects cannot be implemented until an environmental authorisation is received from the Department. The Department is not obliged to authorise any development proposal/project for which an application is submitted. The reporting of illegal activities in the province can be done on a transgression form which must be submitted to the Directorate: Strategic Environmental Management. For the reporting of Environmental Crimes and Incidents contact the 24 hour Hotline on 0800 205 005.
The NEMA EIA Regulations makes provision for two types of environmental investigations in the EIA process, being the Basic Assesment phase and the Scoping/EIA phase.
Basic Assessment
Basic Assessment must be applied to activities listed in Listing Notice 1 No. R386.For more information on the process for the Basic Assessment please seethe process flow diagram. In order to process the Basic Assessmentapplication an applicant should submit a notice of intent to submit an application at least fourteen (14) days prior to submitting the completed application formand Basic Assessment report. The application form must be completed by the applicant/environmental assessment practitioner. The application must be informed by Guidelinesthat have been developed by the Department. Your completed applicationform and Basic Assessment report must be submitted to the appropriate Directorate for consideration by the Department whereafter an environmental authorisation may/may not be issued.
Scoping/EIA
Scoping/EIA must be applied to activities listed in Listing Notice 2 No. R387. The Scoping/EIA process is further outlined in the process flowdiagram. An application form must be completed by the applicant/environmental assessment practitioner. The application must be informed by Guidelines that have been developed by the Department. Your completed application form must be submitted to the appropriate Directorate for consideration by the Department whereafter an environmental authorisation may/may not be issued.
Appeals
In terms of ECA EIA
You can appeal against a Record of Decision issued in terms of the previous ECA EIA Regulations by completing and submitting the ECA appeal questionnaire. The Department will assess these appeals in terms of the Environmental Conservation Act and its relevant regulations.
In terms of new NEMA EIA
Appeals against an environmental authorisation issued in terms of the NEMA EIA Regulationswill be dealt with differently. The new process requires that theapplicant/appellant fill in the notice of intention to appeal form which must be submitted to the Ministry within ten (10) days of being notified of the decision taken by the Department. The actual appeal must be submitted on the NEMA appeal questionnaire. This section should be read in conjunction with the appeal guideline.
Director: Chris Rabie Deputy Director: Yakeen Atwaru
Department of Environmental Affairs and Development Planning Directorate: Integrated Environmental Management (Region A1) Private Bag X 6509 George 6530
Registry Office 4th Floor, York Park Building 93 York Street George
Queries should be directed to: Directorate: Integrated Environmental Management (Region A1) Tel: 044 874 2160 Fax: 021 874 2423
Cape Town Office Region A2 (Breede River/Winelands, City of Cape Town: Tygerberg and Oosternberg Regions
Director: Chris Rabie Deputy Director: Ayub Mohamed
Department of Environmental Affairs and Development Planning Directorate: Integrated Environmental Management (Region A2) Private Bag X9086 Cape Town 8000
Registry Office 1st Floor Utilitas Building 1 Dorp Street Cape Town
Queries should be directed to: Directorate: Integrated Environmental Management (Region A2) at: Tel.: 021 483 4628 Fax: 021 483 3633
Cape Town Office Region B1 (Overberg, City of Cape Town: Helderberg and South Peninsula Regions)
Director: Anthony Barnes Deputy Director: Zaahir Toefy
Department of Environmental Affairs and Development Planning Directorate: Integrated Environmental Management (Region B1) Private Bag X9086 Cape Town 8000
Registry Office 1st Floor Utilitas Building 1 Dorp Street Cape Town
Queries should be directed to: Directorate: Integrated Environmental Management (Region B) at: Tel.: 021 483 4094 Fax: 021 483 4372
Cape Town Office Region B2 (West Coast, City of Cape Town and Blaauwberg Regions)
Director: Anthony Barnes Deputy Director: Paul Hardcastle
Department of Environmental Affairs and Development Planning Directorate: Integrated Environmental Management (Region B2) Private Bag X9086 Cape Town 8000
Registry Office 1st Floor Utilitas Building 1 Dorp Street Cape Town
Queries should be directed to: Directorate: Integrated Environmental Management (Region B) at: Tel: 021 483 4094 Fax: 021 483 4372
