Your private Alternative/Renewable Energy project could require an EIA
On 25 July 2022, President Cyril Ramaphosa announced a new plan to improve South Africa’s energy crisis of which included the easing of regulatory hurdles for private generation.
The NEMA has over 57 possible EIA listed activities that your proposed renewable energy project may trigger, requiring an approved Environmental Authorisation.
Khweza Environmental Consulting offers a free screening assessment for any proposed development. Email us on info@khweza.net or call on 0761513334.
As part of the EIA process, the content of applicable IDPs, SDFs, EMFs, SEAs and other relevant plans, frameworks, guidelines and strategies must be taken into account when analysing developments in their spatial context. The EIA must consider the content of these tools, and the sustainable development vision, goals and objectives formulated in, and the desired spatial form and pattern of land use reflected in the area’s IDP and SDF.
The assessment must determine whether a proposed activity is in line with or deviates from the plan, framework or strategy. The assessment must also consider, inter alia, the ecological, heritage, social and economic impacts that will result because of the alignment or deviation. Where a proposed activity deviates from a plan, framework or strategy, the EAP must provide information on these impacts and must indicate how the deviation might be justifiable.
A GIS can be used to identify the most suitable site for a development. By overlaying several spatial datasets (soil type, vegetation, ground and surface water, geology etc.), with specific assessment criteria for each, a map can be produced that can indicate suitable and unsuitable areas.
The National Environmental Management Act (NEMA; No. 107 of 1998, as amended) gives effect to the Constitution of the Republic of South Africa by providing a framework for cooperative environmental governance and environmental principles that enable and facilitate decision-making on matters affecting the environment. In summary, chapter one of the “Act” outlines national environmental management principles that must be incorporated into all decisions regarding the environment, throughout the country by all organs of state.
Central to these principles is the concept of sustainability, which entails meeting the needs of the present generation without compromising the ability of future generations to meet their own needs. Chapters two to three of the NEMA outline government and non-government institutions and their responsibilities for ensuring co-operative governance and making
decisions.
NEMA requires that an environmental authorisation be issued by a competent authority (CA) before the commencement of a listed activity in terms of the Environmental Impact
Assessment Regulations Listing Notices for Basic Assessment or scoping & Environmental Impact Assessment. The purpose of these regulations is to avoid negative impacts on the environment or where they cannot be avoided, ensure mitigation and management of the impacts to acceptable levels, while optimising positive environmental impacts.
Environmental authorisation for any given activity may only be issued by the competent authority (CA) after the developer has complied with the procedural requirements as set out in the EIA regulations of NEMA (GNR 543). With regard to NEMA GNR 543, these requirements summarily entail:
- The appointment of an independent and competent Environmental Assessment Practitioner (EAP);
- EAP must determine which application process (BA or S&EIR) is applicable:
– Regulation 22 lists the minimum requirements of a BA;
– Regulation 28 lists the minimum requirements of a Scoping Report; and
– Regulation 31 lists the minimum requirements of the subsequent EIA which is informed by the scoping report; - Authorisations can be amended or suspended (Regulation 38);
- Public participation (PP) whereby interested and affected parties (I&APs) are entitled to be kept informed and involved in either the BA or the S&EIR process and have an opportunity to comment on any draft or final report before it is submitted (Regulation 56);
- Appeals require a notice of intent within 20 days of the CA decision, and the appeal must be lodged within 30 days of the end of the 20 day period (Regulations 60 and 62).
You can read more information here by clicking the link here.
