Environmental Management Instruments regulations

NCOP Land Reform, Environment, Mineral Resources and Energy

13 November 2018
Chairperson: Mr O Sefako (ANC; North West)
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Meeting Summary

Gauteng Standards

The Committee was briefed by the Department of Environmental Affairs (DEA) on the Tabling of Regulations: Regulations laying down the procedure for the adoption of Spatial Tools and Environment Management Instruments.

The regulations intended to reduce red tape and the costs of compliance with the environmental legislation.

Given the complaints around the Environmental Impact Assessment (EIA) process, the Department has been looking at ways to make it more efficient by looking at alternative mechanisms.

In terms of the content of the instrument regulations the preparation requirements when developing the instrument must identify the purpose for which the instrument is intended to be developed.

Members of the Committee asked questions of clarity with regard to the instrument regulations. They asked if the relaxation of the standards will be open up to abuse and if the instruments that have been developed will be open up for public participation for inputs through this Committee.

The Committee could not go through the negotiating mandates for two bills due to a lack of quorum.

Meeting report

Opening Remarks

The Chairperson welcomed everyone.

He read out an apology from the Minister, who was attending to other activities, as well as four absent committee members.

The Chairperson said that the Committee will start with the presentation from the Department of Environmental Affairs (DEA). 

The Committee will not go through the negotiating mandates because of the high level of absenteeism resulting in no quorum.

Briefing on Instrument Regulations

Mr Ishaam Abader, Deputy Director General: Legal, Authorisation and Compliance Inspectorate, DEA, said that the NDP introduced environmental authorisation as a means to ensure sustainable development. The NDP called for regulatory requirements to be addressed more rigorously and systematically in order to reduce red tape and the costs of compliance with the environmental legislation.

Given the complaints around the Environmental Impact Assessment (EIA) process, the Department has been looking at ways to make it more efficient by looking at alternative mechanisms.

Ms Dee Fisher, Chief Director: Integrated Environmental Management, DEA, said that sections 24 (2) (c) and (d) of the NEMA Act, allows for the Minister or MEC with the concurrence of the Minister to identify activities or geographical areas and the activity, which can be excluded for the Environmental Assessment requirements based on an environment management instrument adopted in a prescribed manner. Instruments are spatial or non-spatial assessment or procedures which proactively identify environmental sensitivities, or requirements which should be followed to ensure sustainable development. These instruments include:

  • Environmental Management Framework
  • Strategic Environment Assessment
  • Environmental Management Plans
  • Risk Assessment
  • Standards

In terms of section 24 (5) (b A) of NEMA, the Minister is empowered to prepare regulations for the preparation, evaluation and adoption of instruments.

Ms Fisher said in terms of the content of the instrument regulations the preparation requirements when developing the instrument must identify the purpose for which the instrument is intended to be developed. Adoption requirements by the Minister noted that the proposed adoption must be published for public notification by the Minister in the following:

  • Government Gazette
  • National Newspaper
  • Where deemed appropriate, geographical area where the instrument was prepared
  • Department Website
  • The notifications must indicate where the instrument can be accessed
  • The notice must invite comments over a period of not shorter than 30 days
  • Comments must be considered
  • Minister must keep register of all adopted  instruments and keep it available on the departmental website

Ms Fisher said that the process followed with regulations include:

  • The draft regulation was published in 2017 after obtaining agreement from the relevant fora – comments received were considered. Content was revised where necessary.
  • Revised regulations were recommended by the relevant fora.
  • Regulations were approved by the late Minster Molewa and were signed on 27 August 2018.
  • They were tabled in Parliament in terms of section 47 (2) of NEMA, on 4 September 2018.
  • Regulations to be published under the signature of the acting Minister.

Discussion

Mr A Singh (ANC; KwaZulu-Natal) said that the relaxation of the instrument regulations is welcomed but his concern is whether this relaxation will be abused by environmental experts in the future. He asked if there is a chance of that situation happening.

Ms Fisher responded that the Committee should not see it as a relaxation, it is just an alternative tool and the alternative tool always has to be gazetted. So, it goes through a very rigorous process, it’s really looking at a tool specifically for a certain application. For example, the one tool that has been utilised so far and has been gazetted is the Gauteng standards.

Gauteng didn’t do an environmental framework but it looked at all the sensitivities in the area and decided that in its province it didn’t want to necessarily do the environmental authorizations in build-up areas. So, what it has is a standard which applies and instead of getting an authorised environmental assessment they need to apply the standard. The standard also has gone through a rigorous process of public consultation, it’s a gazetted instrument and they’ve applied that in certain urban environment.

Therefore, the tool can be very specific to an activity or can be specific to a geographic location and it can be a very tailor-made tool and be very specific to something they want to achieve with their province or country.

Ms C Labuschagne (Western Cape, DA) asked whether the instruments that have been developed will be open up for public participation for inputs through this Committee.

Mr Abader said that normally there is a process in terms of development of these instruments: they go through the working groups and there is an entire process in terms of MINTEC and MINMEC, and if they do regulations they table them before this Committee as well. Some of these instruments are currently under development and some have been developed like the Gauteng standards for example. But these instruments are also consulted between the 3 spheres of government as well.

Ms Labuschagne asked whether these instruments are generally norms and standards applicable to various things, for example, norms and standards for wild animals. Is that the whole list of norms and standards or will these regulations be as required or the Department and/or industry will pick up some problems or is it a standard list of things that needs to be addressed?

Ms Fisher said the instruments are intended to be very specific - either proactive or exclusion. When she says proactive she means that for some kind of planning purposes. And exclusion it means like the Gauteng standards. The standards identify through the instruments areas they want to exclude based on the pre-assessment they’ve done. Then they developed the standards and they must apply the standards rather than come for an environmental authorization.

Other standards the Department is planning to do is the generic environmental programme for overhead power lines, and that is looking really at an application of a mediation activity which will be done over and over again rather than requiring everybody to submit an EMP for each project that they do when it’s the same thing all the time. What they do now is to make one where they consult very broadly and it gets gazetted, which is just applied rather than continuously for the applicants generating new EMPs that say the same thing and the department had to review the same EMP all the time. Therefore, they are not general in any case.

The Chairperson thanked the delegation from the DEA for the presentation and responses.

The Chairperson repeated that because of the lack of quorum they will not go through the negotiating mandates.

The meeting adjourned.

Present

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