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National Environmental Management Act, 1998 (Act No. 107 of 1998)

Regulations

Environmental Impact Assessment Regulations, 2014

Appendices

Appendix 3

 

1. Environmental impact assessment process

 

(1) The environmental impact assessment process must be undertaken in line with the approved plan of study for environmental impact assessment.

 

(2) The environmental impacts, mitigation and closure outcomes as well as the residual risks of the proposed activity must be set out in the environmental impact assessment report.

 

2. Objective of the environmental impact assessment process

 

The objective of the environmental impact assessment process is to, through a consultative process—

(a) determine the policy and legislative context within which the activity is located and document how the proposed activity complies with and responds to the policy and legislative context;
(b) describe the need and desirability of the proposed activity, including the need and desirability of the activity in the context of the  development footprint on the approved site as contemplated in the accepted scoping report;
(c) identify the location of the development footprint within the approved site as contemplated in the accepted scoping report based on an impact and risk assessment process inclusive of cumulative impacts and a ranking process of all the identified development footprint alternatives focusing on the geographical, physical, biological, social, economic, heritage and cultural aspects of the environment;
(d) determine the—
(i) nature, significance, consequence, extent, duration and probability of the impacts occurring to inform identified preferred alternatives; and
(ii) degree to which these impacts—
(aa) can be reversed;
(bb) may cause irreplaceable loss of resources, and
(cc) can be avoided, managed or mitigated;
(e) identify the most ideal location for the activity within the  development footprint of the approved site as contemplated in the accepted scoping report based on the lowest level of environmental sensitivity identified during the assessment;
(f) identify, assess, and rank the impacts the activity will impose on the development footprint on the approved site as contemplated in the accepted scoping report through the life of the activity;
(g) identify suitable measures to avoid, manage or mitigate identified impacts; and
(h) identify residual risks that need to be managed and monitored.

 

3. Scope of assessment and context of environmental impact assessment reports

 

(1) An environmental impact assessment report must contain the information that is necessary for the competent authority to consider and come to a decision on the application, and must include—
(a) details of—
(iii) the EAP who prepared the report; and
(iv) the expertise of the EAP, including a curriculum vitae;
(b) the location of the development footprint of the activity on the approved site as contemplated in the accepted scoping report, including:
(i) the 21 digit Surveyor General code of each cadastral land parcel;
(ii) where available, the physical address and farm name; and
(iii) where the required information in items (i) and (ii) is not available, the coordinates of the boundary of the property or properties;
(c) a plan which locates the proposed activity or activities applied for as well as the associated structures and infrastructure at an appropriate scale, or, if it is—
(i) a linear activity, a description and coordinates of the corridor in which the proposed activity or activities is to be undertaken;
(ii) on land where the property has not been defined, the coordinates within which the activity is to be undertaken;
(d) a description of the scope of the proposed activity, including—
(i) all listed and specified activities triggered and being applied for; and
(ii) a description of the associated structures and infrastructure related to the development;
(e) a description of the policy and legislative context within which the development is located and an explanation of how the proposed development complies with and responds to the legislation and policy context;
(f) a motivation for the need and desirability for the proposed development, including the need and desirability of the activity in the context of the preferred development footprint within the approved site as contemplated in the accepted scoping report;
(g) a motivation for the preferred development footprint within the approved site as contemplated in the accepted scoping report;
(h) a full description of the process followed to reach the proposed development footprint within the approved site as contemplated in the accepted scoping report, including:
(i) details of the development footprint alternatives considered;
(ii) details of the public participation process undertaken in terms of regulation 41 of the Regulations, including copies of the supporting documents and inputs;
(iii) a summary of the issues raised by interested and affected parties, and an indication of the manner in which the issues were incorporated, or the reasons for not including them;
(iv) the environmental attributes associated with the development footprint alternatives focusing on the geographical, physical, biological, social, economic, heritage and cultural aspects;
(v) the impacts and risks identified including the nature, significance, consequence, extent, duration and probability of the impacts, including the degree to which these impacts—
(aa) can be reversed;
(bb) may cause irreplaceable loss of resources; and
(cc) can be avoided, managed or mitigated;
(vi) the methodology used in determining and ranking the nature, significance, consequences, extent, duration and probability of potential environmental impacts and risks;
(vii) positive and negative impacts that the proposed activity and alternatives will have on the environment and on the community that may be affected focusing on the geographical, physical, biological, social, economic, heritage and cultural aspects;
(viii) the possible mitigation measures that could be applied and level of residual risk;
(ix) if no alternative development footprints for the activity were investigated, the motivation for not considering such; and
(x) a concluding statement indicating the location of the preferred alternative development footprint within the approved site as contemplated in the accepted scoping report;
(i) a full description of the process undertaken to identify, assess and rank the impacts the activity and associated structures and infrastructure will impose on the preferred development footprint on the approved site as contemplated in the accepted scoping report through the life of the activity, including—
(i) a description of all environmental issues and risks that were identified during the environmental impact assessment process; and
(ii) an assessment of the significance of each issue and risk and an indication of the extent to which the issue and risk could be avoided or addressed by the adoption of mitigation measures;
(j) an assessment of each identified potentially significant impact and risk, including—
(i) cumulative impacts;
(ii) the nature, significance and consequences of the impact and risk;
(iii) the extent and duration of the impact and risk;
(iv) the probability of the impact and risk occurring;
(v) the degree to which the impact and risk can be reversed;
(vi) the degree to which the impact and risk may cause irreplaceable loss of resources; and
(vii) the degree to which the impact and risk can be mitigated;
(k) where applicable, a summary of the findings and recommendations of any specialist report complying with Appendix 6 to these Regulations and an indication as to how these findings and recommendations have been included in the final assessment report;
(l) an environmental impact statement which contains—
(i) a summary of the key findings of the environmental impact assessment:
(ii) a map at an appropriate scale which superimposes the proposed activity and its associated structures and infrastructure on the environmental sensitivities of the preferred development footprint on the approved site as contemplated in the accepted scoping report indicating any areas that should be avoided, including buffers; and
(iii) a summary of the positive and negative impacts and risks of the proposed activity and identified alternatives;
(m) based on the assessment, and where applicable, recommendations from specialist reports, the recording of proposed impact management outcomes for the development for inclusion in the EMPr as well as for inclusion as conditions of authorisation;
(n) the final proposed alternatives which respond to the impact management measures, avoidance, and mitigation measures identified through the assessment;
(o) any aspects which were conditional to the findings of the assessment either by the EAP or specialist which are to be included as conditions of authorisation;
(p) a description of any assumptions, uncertainties and gaps in knowledge which relate to the assessment and mitigation measures proposed;
(q) a reasoned opinion as to whether the proposed activity should or should not be authorised, and if the opinion is that it should be authorised, any conditions that should be made in respect of that authorisation;
(r) where the proposed activity does not include operational aspects, the period for which the environmental authorisation is required and the date on which the activity will be concluded and the post construction monitoring requirements finalised;
(s) an undertaking under oath or affirmation by the EAP in relation to—
(i) the correctness of the information provided in the reports;
(ii) the inclusion of comments and inputs from stakeholders and I&APs;
(iii) the inclusion of inputs and recommendations from the specialist reports where relevant; and
(iv) any information provided by the EAP to interested and affected parties and any responses by the EAP to comments or inputs made by interested or affected parties;
(t) where applicable, details of any financial provision for the rehabilitation, closure, and ongoing post decommissioning management of negative environmental impacts;
(u) an indication of any deviation from the approved scoping report, including the plan of study, including—
(i) any deviation from the methodology used in determining the significance of potential environmental impacts and risks; and
(ii) a motivation for the deviation;
(v) any specific information that may be required by the competent authority; and
(w) any other matters required in terms of section 24(4)(a) and (b) of the Act.

 

(2) Where a government notice gazetted by the Minister provides for any protocol or minimum information requirement to be applied to an environmental impact assessment report the requirements as indicated in such notice will apply.

 

[Appendix 3 substituted by Notice No. 326 of 2017]