THE BACKGROUND TO THE CASE STUDIES SELECTED
CHAPTER 5 CHAPTER 5 PROJECT ANALYSIS
5.2 Policy
5.2.1 IEM Corn pliance and the Citing of Policy
The IEM Guidelines emphasise the need "to indicate compliance with administrative, legal and policy requierements" (DEA, 1992c, plO). It was considered that company policy assumed a very authoritative role in the absence of ErA legislation at the time.
The potential for confusion, regarding which assumed precedence existed, as Eskom EIA policy and EIA procedure were extremely similar to the IEM Guidelines' underpinning principles and its procedural aspects. However, in order to ascertain whether the rEM Guidelines was complied with an assessment of whether Eskom environmental policy was listed in the EIRs was undertaken.
As reviewed in Chapter 4 above there is sufficient evidence in Eskom policy to reflect Eskom's commitment to the IEM guidelines of 1989 and 1992.
Eskom's environmental policy of 1988, was sufficiently compliant and consistent with the principles of IEM for the entire period from 1988 until February 1991, when the request for the environmental feasibility study for Ariadne substation and the first Ariadne-Venus 400kV line EIA was placed. Thus prior to the Ariadne substation's implementation and the bulk reinforcement of supply to Kwa-Zulu Natal (KZN) as a whole, Eskom policy reflects that the company was exposed to the principles and concepts of IEM for a minimum period of three years. This places Eskom abreast of the development of the IEM guidelines.
Ariadne 4001132kV substation
Little mention was made of Eskom environmental policy at the commencement of the upgrading of bulk electrical supply to KZN in the first EIA conducted for Ariadne substation. Although both the Environmental policy of 1989 (Revision 2) and 1991 (Revision 3) might be considered relevant for the EIA which commenced in 1991, little direct reference to Eskom policy was made in the EIR, neither was this a requirement of the IEM guidelines of 1989 (Council for the Environment, 1989a). The only mention made was when the Eskom Environmental Policy, Revision 3 of May 1991, was read to I&APs during a public meeting held in August, 1991.
The Report, under the heading "Approach to the Study" stated: "The study broadly followed the guidelines set out in the Council for the Environment (1989a) document on Integrated Environmental Management (IEM)" (De Kock, 1991, P 5). The IEM Guidelines of 1989 document is also referenced in the reference section of the report. In alluding to comply with the IEM Guidelines of 1989 a Class 1 EIA was therefore required.
The Ariadne substation feasibility study acknowledged compliance with the IEM Guidelines of 1989 but did not refer to Eskom policy.
Ariadne- Venus 400kV line first EIA
In the Ariadne-Venus 400kV line Environmental Impact Assessment Summary Report (Willemse, 1995b, p 3) Eskom states: "In the early stages of the EIA (referring here to the first attempt at the EIA), Eskom followed the Integrated Environmental Management (lEM) procedure advocated by the Council for the Environment in 1989". The first Ariadne-Venus 400kV line EIA Report does not directly reference the IEM guidelines of 1989 but uses the terminology: "The integrated environmental impact study process for the planning of a linear project .... " (Eskom, Undat ed-a).
Neither the EIA process followed, nor Eskom's announcement in July 1993 of a route for a transmission line (to the west of the N3 highway), gained the full acceptance of the public and landowners. Eskom stated that due to its commitment to the IEM procedure, as well as to transparency and accountability in its planning, it would retract the decision on the transmission route (Willemse, 1994).
The IEM guidelines of 1992 were then used as the basis for review and revision of the Ariadne- Venus 400kV line EIA contributing to the perception within and without the company that the guidelines were regarded by Eskom as the authoritative EIA procedure with which it should comply rather than corporate environmental policy. This once again is a contravention of IEM and actually opposes the ethos of integration.
Ariadne-Venus 400kV line repeat EIA
In the Ariadne-Venus 400kV line (2) EIA, Eskom Environmental Policy was not referenced, however, compliance to the IEM guidelines of 1992 was clearly stated (Willemse, 1995c). The Ariadne-Venus 400kV line repeat EIA was the most costly EIA conducted by Eskom to date, costing approximately
R5,5 million (Willemse, pers comm., 1998). All laws which had bearing on the environment and
which were applicable to the project were reviewed as well as any policies by organisations including those active in the previous KwaZulu homeland. In total 38 were cited. This exhaustive task was not completed again for any other Eskom EIA of the period, however, no mention of Eskom generic environmental management policy nor Eskom EIA policy was made. Eskom's EIA policy and procedure had been formulated by 1994.
Hector-Klaarwater 275kV line
The Hector-Klaarwater 275kV line EIA report (Clara, 1994, p 4) (the production of which coincided with the construction of Hector substation) states that: "As part of Eskom and Durban Electricity Council's commitment to the Integrated Environmental Management procedure, this environmental impact assessment (EIA) is being undertaken to minimise the impact of the transmission line on the environment". This statement was reiterated in the Summary of the Draft EIR sent to I&APs in February 1995. It is presumed that the use of the term Integrated Environmental Management refers to the IEM guidelines of 1992. The Eskom Environmental Policy of 1995 was quoted and referred to in the EMP. It is considered, however, that more substantive reference should have been made to relevant Eskom EIA policy.
Hector 4001275kV substation EIS
The only Transmission EIA to reference Eskom environmental policy for the period 1992 to 1997, was the so-called Environmental Impact Study for Hector substation (Gouws, et ai, 1995a) which was the
only EIA conducted entirely by an external consultant. Just prior to the tender for the Hector EIS being awarded to an external environmental consultant on 6 May 1994, Revision 4 of the Eskom Environmental Management Policy of April, 1994 was authorised and the EIS, therefore, subject to this policy. However, the EIS did not reference this policy but references Revision 3 of 1991 where part of the preamble is quoted in the report (Gouws, et aI, 1995a).
The acknowledgement of and compliance to the IEM guidelines of 1992 is borne out by the fact that the Hector substation EIS report states compliance to the IEM procedure and references it. The IEM guidelines of 1992 are alluded to on page 1 of the Introduction: "In terms of the Eskom policy towards the responsible management of the environment, the Land Survey Division is committed to Integrated Environmental Management" (Gouws, et aI, 1995a, pi). The EIR also stated that "the methodology used in this study is based on the Integrated Environmental Management Procedure as drawn up by the Department of Environmental Affairs (1994)" (Gouws, et aI, 1995a, p 3). The definitions of technical terms in the report are a direct replication of those used in the guidelines.
The facilitator responsible for public scoping during the Hector EIS, states in the brief to interested and affected parties that "in terms of the integrated environmental procedure laid down by the Department of Environmental Affairs, Eskom must commission a study into the significant environmental impacts of the proposed Hector substation" (Gibson, 1994, pi).
Pongola- Vergenoeg 132kV line
The Distribution project EIRs referenced Eskom general environmental policy and EIA policy to varying degrees, copies of which were also made available for public scrutiny at public scoping meetings. An ambiguity, however, is apparent in the Pongola-Vergenoeg 132kV line EIA report (Govender, 1995) as both the IEM Guidelines of 1989 and the IEM Guidelines of 1992 are referenced in the Bibliography. The Eskom Environmental Management Policy, Revision 5 of 1995, was also appendixed in the report. It might be argued, however, that the EIA policy, Revision 0 of 1994, was the more appropriate document to reference for EIAs. Eskom Environmental Management Policy, Revision 5 of 1995 was generic and although superficially of relevance, focused predominantly on the creation of an Environmental Management System and made no direct reference to EIAs.
Kokstad-Mount Frere 132kV line
The Kokstad-Mount Frere 132kV Line and Mount Frere Substation EIAs referenced the following Eskom Environmental Policy:
• Eskom Environmental Management Policy;
• Eskom Distribution Group Environmental Statement;
• Eskom Environmental Impact Assessment Policy.
These policies were made available at the public meetings with I&APs. Compliance to the IEM Guidelines of 1992 was also apparent as all the basic principles of IEM were copied verbatim III Chapter 3 of the report.
5.2.2 Trends Associated with the Reference to Eskom policy and the IEM guidelines
Although Eskom policy to conduct EIAs was in place it is clear that the external IEM guidelines were regarded more highly than internal Eskom policy. As a result when Eskom EIA policy was compiled in 1994 its importance and requirements largely went unnoticed.
Even when reference to policy was markedly consistent and well done this did not guarantee a good EIA on 6 out of 12 occasions.
This also shows the complexity of having an in house company policy as well as the IEM guidelines.
The process needs to be streamlined and a single set of documents applied to avoid confusion.