Environmental Impact Assessment (EIA) - Western Cape

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Environmental Impact Assessment (EIA):An Introduction

EIA PROCESSESTable of Contents1.Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32. What is an EIA? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43. What are the steps in the process? . . . . . . . . . . . . . . . . . . . . .53.13.23.33.43.53.63.73.8The Screening Phase . . . . . . . . . . . . . . . . . . . . . . . . . . .The Scoping Phase . . . . . . . . . . . . . . . . . . . . . . . . . . . . .The Specialist Study Phase . . . . . . . . . . . . . . . . . . . . . .The Integration and Assessment Phase . . . . . . . . . . . .Public participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Authority review and Decision Making . . . . . . . . . . . . .Implementation of EIA Decision . . . . . . . . . . . . . . . . . .Monitoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. . . . . . . . 6. . . . . . . . . 7. . . . . . . . . 8. . . . . . . . 9. . . . . . . . 10. . . . . . . . . 11. . . . . . . . 114. When is the best time to do an EIA? . . . . . . . . . . . . . . . . . . . .125. Is it expensive to do an EIA? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126. Frequently Asked Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . .6.16.26.36.46.56.66.76.86.96.106.1113How widely in the world is an EIA process applied? . . . . . . . . . . . 13Who administers EIA's in South Africa, that is, who is thecompetent authority? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14How are EIA’s implemented in South Africa? . . . . . . . . . . . . . . . . 19How long does an EIA take? . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26Can an EIA process be shortened? . . . . . . . . . . . . . . . . . . . . . . . 26What determines whether an EIA application for environmentalauthorisation is approved or not approved? . . . . . . . . . . . . . . . . 29What are the relevant considerations the competentenvironmental authority has to take into account when decidingon an environmental authorisation? . . . . . . . . . . . . . . . . . . . . . . . 30Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33What is the “Best Practicable Environmental Option”? . . . . . . . 34What can go wrong with an EIA - Why does itsometimes fail? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36What goes right with an EIA? . . . . . . . . . . . . . . . . . . . . . . . . . . . 397. Summative Remarks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402Western Cape Government Environmental Affairs and Development Planning

EIA PROCESSES1. BackgroundEnvironmental impact assessment (EIA) is a tool to aid environmentaldecision making. It is a process that allows for public involvement whenpositive and negative impacts (opportunities and constraints) that areassociated with a proposed course of action are assessed. The aim of thisis to determine the best practicable course of action.EIAs were adopted as a public policy tool in the United States of America(USA) in the 1970s. This decision was influenced by, firstly, the growth ofthe modern environmental movement, and secondly, the drive for a morerational, scientific and objective approach to environmental decisionmaking. These were further strengthened by the concern that projectappraisal and review procedures in use at that time, such as cost- benefitanalysis, did not take into account the environmental and social impactsof major projects or industrial accidents during that period. One of these,the Santa Barbara oil spill, proved to be a catalyst for the passage ofthe National Environmental Policy Act (NEPA) in the USA at the end of1969. The enactment of the NEPA is recognized worldwide as the formalinception of EIA. It was intended to apply not only to projects, but to all“Federal actions”, which included policy, plans, programmes and projects.Legal provisions for EIA in South Africa were first incorporated in theEnvironment Conservation Act, 1989 (Act No. 73 of 1989) (ECA), andRegulations for EIA were promulgated in terms of Sections 21 and 26 ofECA on 5 September 1997. These initial EIA Regulations applied to onlynine scheduled activities that were identified as having the potential tohave a “substantial detrimental effect” on the environment. They weresubsequently replaced by new EIA Regulations promulgated on 21 April2006, 18 June 2010 and 4 December 2014, in terms of Section 24 of theNational Environmental Management Act, 1998 (Act No. 107 of 1998)(NEMA), which is the framework legislation for environmental managementin South Africa.Western Cape Government Environmental Affairs and Development Planning3

EIA PROCESSES2. What is an EIA?An EIA evaluates the potential impact of human actions, for example,development proposals, on the receiving environment, and how theopportunities and constraints in this environment influence the intendedhuman actions.EIA is a systematic and consultative process that gathers detailedinformation on the social, economic and ecological consequences of adevelopment proposal. The competent environmental authority usesthe information gathered during this EIA process to inform a decision onthe development proposal. The aim of this decision-making process is tomaximize socio-economic outcomes, while ensuring ecological integrityby avoiding and/or mitigating potential negative biophysical impacts. InSouth Africa the environment is characterized by very high socio-economicneeds, limited resources and a degrading biophysical environment.EIA in South Africa is therefore a means for giving effect to the”environmental right” enshrined in Section 24 of the Constitution, whichcalls for the securing of ecologically sustainable development and thepromotion of justifiable economic and social development. It is, however,important to remember that while one strives for the best environmentaloption, there are limitations to what is in fact feasible and practical in termsof time, cost and technology. The aim of EIA in South Africa, therefore, isto follow a process that will determine the best practicable environmentaloption, that is, to promote sustainable development through the effectivemanagement of social, environmental and economic impacts, so that: Valuable environmental resources are safeguarded by avoidingunacceptable negative irreversible changes through implementingacceptable mitigation measures; Human health and safety is protected; and The social and economic dimensions of the proposed developmentare enhanced.4Western Cape Government Environmental Affairs and Development Planning

EIA PROCESSESAn EIA process is systematic, holisticand multi-disciplinary. Its major benefit isadvice on improved project design thatlowers the costs of: Impaired human health; Loss of valuable natural resources; Financial penalties for remediationand compensation as a result ofdamage to the environment andhuman health and safety.3. What are the steps in an EIA process?The environmental impact assessment is a project-based process thatconsists of five distinct phases, namely: Screening; Scoping; Specialist studies; Integration and Assessment; Public Participation (which happens throughout the EIA process); Authority review and decision-making; Implementation of EIA Decision; and MonitoringThese phases of the EIA process are explained in more detail below.3.1The Screening PhaseScreening is an exercise undertaken during the planning and design ofa proposed project. During screening, the need for an EIA is determinedas well as the level of assessment that would be required. During thisphase, potential fatal flaws (‘showstoppers‘) must also be identified,such as unavailability of technical and scientific information that the EIArequires, or lack of funding or legal approvals (e.g. land use rights) for newinfrastructure, such as water supply, housing, hospitals, schools, or lackWestern Cape Government Environmental Affairs and Development Planning5

EIA PROCESSESof services and infrastructure, e.g. water, electricity, sewage. This phaseallows for corrective measures that are important to the EIA process to beundertaken, for example, acquisition of missing information that is criticalfor informed decision-making.The outputs of the Screening phase are: A classification, according to its environmental sensitivity, of theproject and its alternatives; Confirmation with regard to whether an EIA is required or not; If an EIA is required, confirmation on the level of assessment required.3.2The Scoping PhaseIn order to ensure efficiency and effectiveness, an environmental assessmentmust be focused. It is not about gathering all possible information on allpossible aspects, but about focusing on the key issues that are relevantto the specific course of action under consideration. Scoping does not,however, start with a blank slate. The legislation highlights a number ofspecific relevant considerations that must be considered during the EIAprocess, such as the minimum requirements set out in section 24(4) ofNEMA.The Scoping phase is when the scope of the EIA is determined, by identifyingthe issues to be addressed and alternatives to be considered. Scoping isalso informed by consultation with interested and affected parties (I&APs).I&APs are informed about the proposed project and its alternatives, andtheir comments on the issues to be addressed and alternatives to beconsidered are invited.An important output from consultation with I&APs will be a clearunderstanding of the key issues and alternatives that must be furtheraddressed in the EIA. A key issue is defined as an unresolved question orconcern about the potential social, economic or ecological consequencesof the development proposal or an issue that will have an influence onthe decision. During the scoping phase the potential feasible options foravoiding negative impacts must firstly be identified. Secondly, the potentialfeasible options for mitigating and managing unavoidable negative impactsmust be identified. Thirdly, the potential feasible options for compensating(offsetting) impacts of medium or higher significance that could not be6Western Cape Government Environmental Affairs and Development Planning

EIA PROCESSESavoided or further mitigated should be identified. Fourthly, the scopingphase must also identify the potential feasible options for enhancingpositive impacts of the development proposal.Lastly, the Scoping phase must determine the terms of reference for theassessment and any specialist studies required in the next phase of theEIA.In the Screening phase a project and its alternatives are classifiedaccording to their likely environmental sensitivity to determinewhether or not an EIA is required and what the level of assessmentshould be. This establishes the basis for the Scoping phase, wherekey issues to be studied are identified, and terms of reference for anEIA are established.Note that in South Africa there are two main EIA processes that arefollowed, namely, the Basic Assessment and Scoping and EnvironmentalImpact Reporting processes. “Scoping” is included in both of these EIAprocesses, but it is undertaken as the first part of an integrated scopingand assessment procedure during the Basic Assessment process,where it generates an integrated scoping and assessment report (theBasic Assessment Report). On the other hand, during the Scoping andEnvironmental Impact Reporting process there is a separate scopingphase from which a Scoping Report is generated before proceeding to theassessment phase.3.3The Specialist Study PhaseWhile specialist studies are usually prepared during the assessment phaseof an EIA, the involvement of specialists might well be required duringthe Screening or Scoping phases. Specialists are experts in their field, forexample, geologist, botanist, economist, etc., appointed to address keyissues that were identified during the Scoping phase of the EIA. Their briefis to predict changes that are likely to result from the proposed projectand its alternatives, assess the implications of these changes for the socioeconomic and ecological environment, and propose measures that willenhance impacts that are positive and avoid or mitigate those impactsthat are negative.Western Cape Government Environmental Affairs and Development Planning7

EIA PROCESSESSpecialists must also recommend monitoring and review programmes toassess the effectiveness of mitigation and enhancement measures, and setquantifiable standards for measuring these.The aim of the Specialist Studies Phaseis to provide information on both thepositive and negative impacts associatedwith the project alternatives. The studiesalso present recommendations for actionsthat may either enhance potential benefitsor minimise harmful effects.3.4The Integration and Asessment PhaseDuring this phase of the EIA, the findings of the specialist studies areintegrated with other available information and synthesized into anEnvironmental Impact Assessment Report (EIAR). Depending on the levelof assessment required, this takes the form of either a Basic AssessmentReport or an Environmental Impact Report. The EIAR includes a descriptionof the impacts that remain after mitigation measures have been appliedfor the proposed project and its alternatives. This phase of the EIA isalso informed by public participation with the I&APs being afforded theopportunity to comment, and the assessment being required to addressthese comments.The aim of the Integration and Assessment Phase is to prepareinformation that assists in making a well-informed project decision(i.e. whether the project should proceed and if so, under whatconditions). This information should be presented in a clear,understandable format to the project proponent, authorities andinterested and affected parties.8Western Cape Government Environmental Affairs and Development Planning

EIA PROCESSES3.5Public ParticipationPublic participation is required by the NEMA EIA Regulations in South Africaand forms an integral part of all phases of the EIA process. Its purpose is toprovide a source of information for the EIA, with the following objectives: Inform stakeholders about the proposed project and its alternatives,and all potential environmental impacts; Provide an opportunity for the public to present their views, concernsand values, and to influence project design in a positive manner; Obtain local and traditional knowledge; Reduce conflict through early identification of contentious issues; Increase public confidence in the process and provide transparencyand accountability in decision making by the project proponent andthe authorities.The public participation process will be checked by the competentenvironmental authority for the following: Legal requirements: did the process comply with prescribed minimumlegal requirements in terms of procedure? Was the consultation effective: did it fulfill the objectives for publicparticipation, as described above? Access to and quality of the information provided during the publicconsultation process: was sufficient relevant information provided in aform that was easily understood? Were stakeholders given sufficienttime to read, discuss, and consider the information and its implications?Were responses provided to issues/problems that were raised? Timing and venue for public consultation: were the venues and timingof events appropriate? Did it encourage maximum attendance andfree exchange of views by stakeholders? Were these stakeholdersgenerally representative of all interested and affected parties?Western Cape Government Environmental Affairs and Development Planning9

EIA PROCESSESnoPublic involvement is a fundamental principle ofEIA. The inclusion of the views of the affectedand interested public helps to ensure that theEIA process is open, transparent and robust.Project proponents must be willing to take intoyesaccount the information, values and concernsof the community, and to amend the proposalto minimise community concerns, if necessary.Public involvement improves the transparency and accountabilityof the decision making process, so that it is equitable and fair, wellinformed and leads to good environmental outcomes.3.6Authority Review and Decision MakingThe final EIA Report is submitted to the competent environmentalauthority Department of Environmental Affairs & Development Planningand Department of Mineral Resources, Western Cape, who will reviewit to determine, firstly, whether its information is adequate for informeddecision-making.Secondly, once it is decided that the information presented is adequate,the authority will either grant or refuse environmental authorisation. Thisdecision is subject to appeal by any I&APs, including the project developer.The decision on the application will clearlystate whether the environmental authorisationis granted or refused for the proposed project.If granted, the environmental authorisationwill state which alternative was approved andwhy, and state the conditions attached to theauthorisation.10Western Cape Government Environmental Affairs and Development Planning

EIA PROCESSES3.7Implementation of EIA DecisionEIA is ultimately about integrated environmental management and itsoutcomes are only as good as the implementation of the environmentalmanagement measures that are formulated during the assessmentphase. A key outcome of an EIA process is therefore the formulation ofan Environmental Management Programme (EMPr) that is prescribed forimplementation through conditions in the environmental authorisation.An EMPr is a programme that sets out the environmental managementoutcomes to be achieved, the measures that must be taken to achievethe outcomes, roles and responsibilities for these, and requirements formonitoring and reporting.3.8MonitoringMonitoring is important during the implementation of an EIA decision, toensure that the environmental authorisation and its conditions (including theEMPr) are being complied with. It is also to check whether the assumptionsmade during the EIA process are shown to be correct, as well as to respondto information gained during implementation and to adjust accordingly.This requires a management approach that responds and adapts to newinformation that becomes available. The best practicable environmentaloption for today might well be overtaken by changes in technology, newscientific and other discoveries that lead to better solutions.Western Cape Government Environmental Affairs and Development Planning11

EIA PROCESSES4. When is the best time to do an EIA?One of the outputs of an EIA process is a set of enhancement or mitigationmeasures. These will have an impact on the funding for the proposedproject and its alternatives. While some measures will require additionalfinancing, many measures will - in the long-term - save money that canthen be used elsewhere. It stands to reason, therefore, that the best timefor an EIA in any project life-cycle is during the pre-feasibility and feasibilitystages.This is when the various planning and design options are being investigated.The enhancement and mitigation measures can t

Western Cape Government Environmental Affairs and Development Planning 3 1. Background Environmental impact assessment (EIA) is a tool to aid environmental decision making . It is a process that allows for public involvement when positive and negative impacts (opportunities and constraints) that are

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