It is submitted as the dissertation component (which counts for 50% of the degree) in partial fulfillment of the. This study focuses on legal provisions in the field of EIA processes by the two countries.
Brief history of Lesotho’s environmental law 5
The action plan also called for the repeal of existing environmental laws and the creation of a new framework for environmental legislation.15. By virtue of this constitutional mandate, the government approved the "National Environmental Policy" in 1996.
The quest for sustainable development in Lesotho 7
So much damage has been done to the country's physical and ecological environment, perhaps somewhat unconsciously, but tragic nonetheless. The temporary economic gains achieved are not worth much considering the negative impact they have had on the country.
The role of the United Nations 12
South Africa is now a member of the Southern African Development Community (SADC) and of the New Partnership for African Development (NEPAD). Review of the effectiveness and efficiency of the environmental impact assessment (EIA) system in South Africa.
Contemporary International EIA Standards 15
Table 1 16
Purpose - the process should inform decision-making and result in appropriate levels of environmental protection and societal welfare. Relevant – the process must provide sufficient, reliable and useful information for development planning and decision-making.
Table 2 18
In addition to the area around Lesotho, South Africa shares borders with five other South African countries. In development of this project, South Africa hosted the 2002 World Summit on Sustainable Development (WSSD) in Johannesburg.
EIA legislation and practice 19
In South Africa, most of the EIA projects were undertaken under the now repealed Environment Conservation Act no 73 of 1989 (hereafter referred to as ECA). In the next section, the outline of South African EIA legislation will begin with an overview of the provisions under the repealed Act.
EIA provisions within the Environment Conservation Act 73 of 1989 (ECA) 20
The competent authority was the member of the Executive Council (hereinafter referred to as MEC) in the relevant province. Subsequently, NEMA replaced most of the ECA provisions, except those related to EIA (Parts V, VI and VII).
EIA provisions under NEMA 23
This section, while intended to give effect to the general objectives of IEM, is specifically devoted to the implementation of EIA. This in itself would require a constant improvement or change of the list, which could take a long time to accomplish. One of the main innovations brought about by the NEMA Amendment Act 62 of 2008 has been the designation of the Minister of Minerals and Energy as the "competent authority" in relation to the authorization of mining and quarrying activities.
Protection, in the form of appeals from the DME which is decided by a different minister, such as The Minister of Environmental Affairs may not restore the necessary integrity of the initial process, given the usually private cabinet and collective ministerial responsibilities.
The role of the judiciary in shaping EIA 29
South African constitutional mandate 29
NEMA is one such law with provisions to assist in the justice of the law on environmental matters. Therefore, decisions of the courts of South Africa play a very persuasive role in Lesotho. The Court reiterated the requirements of the principle of sustainable development and confirmed their continued application.
The applicant claimed that the Department did not consider the socio-economic impact of the additional petrol station in the area of White River, Mpumalanga.
Some practical challenges in the use of EIA in South Africa 37
This authority is said to be a legal entity empowered to implement the law and all environmental policies of Lesotho. No fewer than 25 functions have been entrusted to the authority under Section 10 of the Act. They have been revised in accordance with the new Environment Act 2008 and appear to derive from Article 21(4) of the new Act.
Until the Minister, according to Article 113 (1), exercises his competence to make EIA regulations, the new mandatory EIA practice will be based on the EIA provisions of the law, which are Articles 19 to 27 of the law and the EIA guidelines of 2010.
The director of the ministry explained that the delay occurred due to the lack of funds needed to implement the law. It can also consult with the community of the affected area, including about the summary of the project. 165. A detailed description of the proposed project or activity and the activities it is likely to result in;.
Fifteen copies of the project review are then submitted to the Ministry of the Environment.
Public Involvement in the Lesotho EIA 50
In particular, it does not meet the principle of transparency and participation, as can be seen in Table 2. One of the surest ways to facilitate meaningful public participation in EIA, as reflected in various international best practices, is to provide access to information. It can also require the developer to transform the project in accordance with the comments received183 or reject it if it considers that it may cause significant and irreversible damage to the environment.184.
The license may contain terms and conditions aimed at mitigating the activity's negative impacts on the environment. 185.
Environmental monitoring and Audit 52
This was kept so despite the clear reference to the past in the wording of the law.193. Evaluation of the effectiveness and efficiency of the Environmental Impact Assessment (EIA) system in South Africa. Closely related to the regulation of EIA practitioners is the issue of the fees charged during the process of conducting an EIA.
Review of the effectiveness and efficiency of the Environmental Impact Assessment (EIA) system in South Africa (2008) State Printer Pretoria.
EIA licence and a Record of Decision 55
Cancellation of EIA Licence 56
Many violations of environmental guidelines are initiated directly by the government itself. Unlike the South African constitution, Lesotho's constitution does not treat environmental protection as a right. According to the constitution of Lesotho, environmental protection is categorized as one of the principles of state policy.
This is because some of the institutions provided for by the law are still in the process of being created.
Lesotho EIA process 60
Is the coming of the mandatory EIA in Lesotho too late? 61
Industrial pollution 64
The former appear to have benefited from the lack of environmental protection instruments such as the EIA in Lesotho. Manufacturing industries are not adequately regulated when it comes to ensuring environmental protection. It therefore follows that in this type of setup the use of the EIA process is unavoidable.
The Constitution of Lesotho further clarifies what the role of the courts would be in dealing with the above. Both Lesotho and South African environmental law practices admit that SEA is another valuable tool for environmental protection. The general public, in all its various forms, is an integral part of the EIA process.
Bilateral Projects between Lesotho and South Africa 65
Lesotho Highlands Water Project 66
Maloti-Drakensburg Transfrontier Project 67
Lesotho’s constitutional mandate in Environmental issues and the justiciability of the EIA
What becomes abundantly clear from the reading of these two sections is that the role of the courts in enforcing section 36 (hereafter referred to as the environmental clause) is limited by section 25. Second, the court highlighted that the aspirational language used to the socio-economic rights are significant.241 So, in a half-hearted attempt to unravel the meaning of the justice of principles of state policy, the court said;. The nature of the intended actions does not immediately or directly call into question the financial capacity of the state.
All four types of actions offered appear to be quite far removed from addressing issues surrounding the economic capacity of the state.245.
Institutional arrangements for Lesotho EIA regime 72
Once the logistics for the full operation of the 2008 Act are in place, the picture is expected to change. Establishing new institutions under the law requires new or increased office space, increased service infrastructure, and more salaries for the government to pay. Benefits would also be evident when members of the public have to participate in EIA processes.
Achieving the full potential of the EIA system requires commitment and political will on the part of the government and its implementing agencies.
Similarities’ within the respective EIA regimes 74
Differences 75
Firstly, it should be recalled that the entry into force of the EIA scheme under the Environment Act No. 1 0 of 2008 is the first time Lesotho has experimented with the mandatory EIA. For the public to play its part, it must be informed of the process as early as possible, almost like engineers for the project; otherwise, they often fall victim to the said process. The processing of an EIA application takes minimal time to complete and the implementation of the projects can be accelerated.
In particular, SEA, which is recognized under the legislation of Lesotho and South Africa, can complement the initial processes of EIA and thus speed up the latter.
Differences within the respective EIA regimes 76
General recommendations 77
In both countries, the key factor to overcome this shortcoming is adequate staffing and skills training in the respective EIA offices. The enlightened public could even take other proactive measures to protect its environment. In the case of a 'BIMBY' (best-in-my-backyard) attitude, education can help by educating the public about the negative consequences of living in environmentally unhealthy conditions and revealing that the material gains outweigh the risk to one's life are not worth it. health.
The Lesotho Environment Act No. 10 of 2008 Section 10 (1) (i) and 97 empowers the Director of the Department of Environment to take appropriate measures for the integration of environmental education at all levels of education.
Conclusions 80
Government of Lesotho Draft Guidelines for Environmental Impact Assessment (2002) Ministry of Tourism Environment and Culture Maseru. Kalima J M Environmental Impact Assessment in South Africa – Towards a Regional Protocol (2001) Unpublished LLM thesis University of Natal, Pietermaritzburg. Murombo T 'Beyond Public Participation: The Disjuncture Between South African Environmental Impact Assessment EIA Law and sustainable development Potchefstroom Electronic Law Journal 31.
Zeremariam T K “Evaluation of Environmental Impact Assessment in Eritrea” (2003) Unpublished MSc Environmental Dissertation School of Applied Environmental Studies University of Natal Pietermaritzburg.
