With eight world heritage sites within its borders, each and every South African business is required to pay special attention when its activities might cause damage to delicate ecosystems. For this reason, South Africa has some of the most advanced legislation in the world governing the potential impact of development on its ecosystems and people.  GIBB is on hand to help guide developers and explain the implications of the new EIA regulations.

GIBB is aware that one of the cornerstones of this protection is the need for developers to conduct an environmental impact assessment (EIA) prior to breaking ground, making sure that the environment – the earth beneath our feet, which has to last for thousands of generations to come – is at the forefront of their business.  

Because the earth is not static, the regulations and procedures governing Environmental Impact Assessments must be updated from time to time, and the new regulations came into force on 2 August 2010.

DITABA spoke to some of the experts at GIBB to get their take on what the new changes regarding EIAs will mean for developers in South Africa.

A change for the good
“The changes have meant that a more detailed listing of those activities that require an EIA will now become a reality for developers,” says Jaana-Maria Ball, Director at GIBB.

The changes to the National Environmental Management Act (NEMA) have aligned environmental impact assessment processes with the Minerals and Petroleum Resources Development Act (MPRDA), but the implications of the changes will impact not only on mining activities (which are regulated by the MPRDA) but in fact all construction and related projects requiring environmental authorisation.

Some of the more significant changes are:

• The streamlining of application processes;
• Provision for the alignment of information requirements in support of environmental and other legislated processes; and
• Provision for the integration of environmental and other authorisations

The integration of authorisations might seem far-reaching. However, business does have some time to get its house in order as far as permitting processes are concerned, because the implementation of the changes is dependent on the conclusion of formal agreements between the political heads of the environmental and other departments.

Guidelines for a brighter future
“There are now three lists of activities which require environmental authorisation,” comments Jaana-Maria. “Those subject to basic assessment, those subject to scoping and EIA (full assessment) and those activities associated with specified geographical areas.”

There are also changes to the timeframes for environmental impact assessment procedures. Where the competent environmental authority is unable to meet their specified timeframes, the timeframe is automatically extended by 60 days. Other changes mean that the final decision-making step of an application may take 90 days after the expiry of the original timeframe.

In a move that will no doubt please environmentalists, the contents of Environmental Management Programmes (EMPs) are specified in greater detail and must cover planning, construction, operation and where applicable, closure phases. EMPs will now have to be compiled for all applications – something that GIBB is more than willing to comply with, because we care for our earth and its people.

“The breadth and inclusiveness of the new legislation means that there is greater clarity as to the responsibilities of the developer or project managers,” adds Jaana-Maria. “However, it also means that these parties have a greater responsibility in ensuring that the EIA process is extremely thorough, and conforms stringently to each of the new requirements.”


Have your say
Because the EIA process affects a host of people in different ways, it is fundamental to always include all parties and protect their interests at all times. In essence, the Public Participation Process (PPP) has not changed much, but it is now possible, with the consent of the environmental authority, to adapt the process to better fit the needs of interested parties. It is also no longer possible to obtain exemption from undertaking some form of impact assessment procedure or public participation process when applying for environmental authorisation. This is good news for communities across South Africa who have traditionally felt excluded from the EIA process.

In an important and potentially controversial move, the new Regulations state that it will no longer be necessary to obtain landowner consent prior to conducting an EIA process, but written notice must be served on landowners or controllers of land and proof of this notice must be provided in reports submitted to the environmental authority. The criminalisation of failure to provide information and the provision of misleading information serves to protect landowners, whilst simultaneously pressing applicants and environmental practitioners to be scrupulously ethical in conducting the EIA process.

Why is this important?
South Africa contains a wealth of natural beauty, much of it unique to the country. This rich diversity is mirrored by the myriad of cultures who share in a bounteous combination of sunshine, clear air and bright future.

“All of us at GIBB are committed to changing people’s lives,” concludes Jaana-Maria. “However, we need to balance this approach with due diligence and proper care for the environment. This new piece of legislation provides us with clear guidelines to make this process even easier.”