EIA Environmental Impact Assessment EMI Environmental Management Inspectors EIR Environmental Impact Assessment Report EIS Environmental Impact Statement. IAIA International Association of Impact Assessment IDRC International Development Research Center IEM Integrated Environmental Management.
The Obligation on environmental authorities to consider socio-economic factors in EIAs: A
- Background
- Problem Statement
- Research questions
- Methodology
- Structure
Secondly, both amendments deleted reference to socio-economic conditions and cultural heritage in s 24(1) of the Act. The aim is to highlight different opinions about the obligation of the environmental authorities to take socio-economic factors into account.
The origins of EIAs and their purpose. The 1997-2006 EIA Regime and the obligations
- Introduction
- Evolution of environmental impact assessments in South Africa
- The Environment Conservation Act, 100 of 1982
- The Environment Conservation Act, 73 of 1989
- The Rio Declaration and Agenda 1992
- Integrated Environmental Management Guidelines
- Socio-economic factors and integrated environmental management
- Debates of the National Assembly (Hansard) on the need for environmental policy,
- Environmental Impact Assessments: The period between 1989 and 1997
- From voluntary to mandatory EIAs
- NEMA EIA regime
- The National Environmental Management Act, 108 of 1998
- Objectives of Integrated environmental management
- Environmental impact assessments
- Proposed amendment to s 24 of NEMA
- Proceedings of the National Council of Provinces, Thursday 28 August 2003
- Substantive summary of the Bill
- Removal of reference to socio-economic factors from s 24(1) and the removal of socio-
- Concurrent use of the ECA EIA Regulations and s 24 of NEMA; the interpretation and the
- Transition from the ECA EIA regime to NEMA EIA regime
- NEMA EIA Regulations
- Conclusion
The bill proposed to remove the reference to socio-economic conditions and cultural heritage from Article 24(1) of the law. As a result, 'the causes of the delays that plagued the delineation and assessment of the old Scheme were not addressed in the NEMA-EIA Scheme.
An obligation to consider the impact of the activity on the socio-economic conditions under the
- Introduction
- The Western Cape Chapter of the International Association for Impact Assessment
- Insights with regard to the proposed amendment to s 24(4)
- Proposed Amendments to the National Environmental Management Act, 1998 (NEMA)
- Presentation by Joanne Yawitch, Department of Environmental Affairs and Tourism 41
- Public comments and submissions
- The environmental authorization process under the NEMAA 2008
- Compliance requirement with respect to basic assessments reports under the
- Criteria for considering an S&EIR
- Compliance requirement: substantial compliance
- How does an EIA authority know which factors are relevant to the exercise of
- Conclusion
From the outset, an applicant or WHP should investigate, assess and consider the impact of the proposed activity on the socio-economic conditions. The Western Cape Chapter of the International Association for Impact Assessment (South Africa) 29 May 2007227 Assessment (South Africa) 29 May 2007227. 228 Memorandum on the Legal Implications of (and certain insights regarding) the Second National Environmental Management Amendment Bill and proposed amendments to the National Environment.
Another difference is that an EIA report, unlike a scoping report, must include a description of the environment that the activity is likely to affect and the manner in which it will be affected. Mandatory minimum requirements for PPE are set out in subsection 24(4)(b) of the Act.
Introduction
The integrated purpose of the EIA process is to identify the environment to be affected, alternatives, mitigation measures so that the benefits from the project do not outweigh the harm suffered by the affected community,302 public participation of interested and affected people, identification of deficiencies in knowledge and formulation of arrangements for monitoring and managing impacts.303.
The impacts of filling stations on the environment
- Causes and prevention of oil and gas leakages
Although the impacts of gas stations on the environment are generally known and can be easily mitigated, the participation of interested and affected parties is vital. Participation of interested and affected parties is one of the principles of environmental management, which according to NEMA should be promoted.312 Views expressed by interested and affected parties may support the 'need' for the proposed fuel station or why in their opinion. a proposed petrol station is not 'desirable'. According to Kidd 'need is related to the need for development in the sense of economic impact and providing benefit to the community'.313 While desirability on the other hand 'includes considerations of what urban planners call welfare, efficiency and convenience'. 314 The study of need and desirability should cover the entire socio-economic profile of the affected public. 315 Kruger, Wilgen, Weaver and Greyling note that 'IEM and sustainable environmental development requires the rational weighing of environmental, social and economic factors - even if some of these factors are expressed in emotional and non-rational terms".316.
314 Ibid. He also believes that welfare consists of the objectives of promoting health, safety, order, convenience and general welfare. The socio-economic characteristics of the affected public include, but are not limited to, the following; demographic aspects, the economic and employment status of the affected social groups, the well-being profile, the health profile and the cultural profile.
Screening of applications for construction of filling stations under NEMA EIA Regulations
- Contents of the scoping report and specialist reports
- The High Court and the grounds of review
- The SCA judgment
The competent authority issued a consent for the construction of the filling station and related facilities. The appellant then applied for review before Webster J in the Transvaal Provincial Division of the High Court. Counsel for the applicant argued that the first and second respondents had failed to obtain input from DWAF's water quality management and water use departments.
However, it appears that the second respondent had some concerns regarding contamination of the aquifer and had considered the evaluation report prepared by Ecotechnik (a consultancy firm appointed by the gas station proponents to submit an evaluation report that addressed certain aspects of the scope report). It is common cause that the relevant town planning authority considered the need, sustainability and desirability of the proposed site when considering the rezoning application.
The judgment of the Constitutional Court
- The Constitutional Issue
- Environmental authorizations and social and economic considerations: How, by whom
- Environmental authorizations
- Objectives of Integrated Environmental Management and Environmental Impact
- The relevant Constitutional provision and sustainable development
The Constitutional Court stated that what was evident from s 24 of the Constitution was 'the express recognition of the obligation to promote justifiable economic and social development'. Need and desirability are factors to be considered by the local authority in terms of the Ordinance. It is also not necessary to identify the actual and potential impact of the proposed development on socio-economic conditions as NEMA requires the environmental authorities to do.368.
What is immediately apparent from Section 24 is the express recognition of the duty to promote sound economic and social development. Unrestricted development is harmful to the environment, and destruction of the environment is harmful to development.
Opinions of different commentators
- The so-called variation approach to integration
- Section 24 of the Constitution require that there should be no a priori grading of
- Construction of a filling station and associated structures is a listed activity under the
- Cumulative Impacts
According to the Constitutional Court, it was harmful for the scoping report to have omitted the impact of the proposed gas station on other gas stations in the immediate vicinity. Even if there is no actual or potential threat to the environment, the EIA should consider the economic sustainability of the project. In addition to the nature and scope of the obligation to consider socio-economic factors, the Court held in Fuel Retailers that "a service station may affect the viability of existing service stations with implications for job security."
One of the environmental risks associated with gas stations is the impact of a proposed gas station on the feasibility of gas stations in the immediate area. The assessment of such an impact is necessary to minimize the harmful effects of the proliferation of petrol stations on the environment.
Analysis of the Fuel Retailers case
However, the international community began to take into account human activities that affect the environment, and the resolution was the adoption in 1972 of the UN Declaration on the Human Environment ("Stockholm Declaration").440 In 1987, the World Commission on Environment and Development issued The Brundtland Report.441 It was in that report that the concept of sustainable development was approved for the first time at the highest level and came to world attention.442 The international community gathered again in Rio to reaffirm and support the Declaration.443. In Rio, the states present adopted Agenda 21, which obliged member countries to develop, in every situation, a policy of sustainable development.444 Agenda 21 also imposed on members an obligation to submit to the UN Commission on sustainable development a progress report of measures developed towards sustainable development. After agreeing to the global plan for sustainable development adopted at the United Nations Summit in Rio 1992 - Agenda 21 - sustainable development became part of South Africa's environmental policy.
In particular, the section further recommends that the Minister initiate an annual development performance report to meet the government's commitment to Agenda 21,448. Sustainable development was imported into South African law. Environmental considerations were largely excluded'.453 The inevitable consequence of giving greater attention to the environment would be that environmental authorities would be forced to reject activities based on the extent of their impact on the environment, and so are.
Conclusion
The second school of thought notes that the integration of socioeconomic conditions and environmental concerns in the decision-making process is a value-driven process. The third school is of the view that socio-economic factors are not the responsibility of an EIA process and it was incorrect for the court to have held environmental authorities responsible for considering socio-economic factors in EIAs. One thing that remains is that during the same period, section 24 of NEMA, the section relied upon by the court in its judgment was amended so as to remove the reference to socio-economic factors.
In light of these changes, it would be proper and fair for any appellate body to review the actions of environmental authorities for failure to consider the impact of activities on socio-economic factors, when the obligation to do the same had been removed from the minimum procedures for the investigation, assessment of the potential impacts. Would such an action by the court not lend credence to Retief and Kotzé's view that the court's decision in the Fuel Retailers case above was 'coercive'.
The extent to which the Courts may control the exercise of discretion
- Introduction
- Section 24, PAJA and the judgment in Fuel Retailers Association of Southern Africa v
- Review of discretionary power
- Discretionary power and the reviewing court
- The surrounding facts and circumstances giving rise to the exercise of the discretion 96
- Whether the choice exercised by the administrator serves the purpose authorised by
- Conclusion
In all the circumstances, the decision by the environmental authorities to grant authorization for the construction of the filling station under s 22(1) of the ECA cannot stand and falls to be reviewed and set aside. The use of the phrase 'substantially complies' in the regulations suffers from a lack of clear definition. Another possibility is that parties, in light of the precedent set in the Fuel Retailers case, may challenge the exercise of such discretion where the procedures for the investigation and assessment have failed to address the impact of activities on socio- economic conditions.
488 See the Convention on the Assessment of Effects on the Environment in a Transboundary Context 1991 the content of the documentation for the assessment of the effects on the environment. First, the decision maker may be asked to explain why it allowed the EAP to exercise discretion in the investigation, assessment and communication of the potential impact.
Conclusion and recommendations
- Conclusion
- Recommendations
- Cumulative Impact Assessment
- The act of implementing the activity
The assessment of the activity's impact on socio-economic factors was previously part of the list of minimum requirements to be included in an EIA. This provision proclaims that one of the objectives of integrated environmental management is to "identify, predict and evaluate the actual and potential impact on the environment, socio-economic conditions and cultural heritage". If it was the legislator's intention to include the assessment of the activities' impact on socio-economic factors in EIAs, she could have expressly done so by including such a requirement under subsection 24, subsection 4, letter b).
The government may require the proponent to bear the costs of the investigation and assessment of the potential impact on the environment and the preparation of the report. The appendices discuss the credibility of environmental impact assessment process in general on which the assessment of the impact on socio-.
Ex post facto EIAs
- Introduction
- Components of an EIA
- Ex post facto authorisations
- Rectification of unlawful commencement of activity
- Obstructionist role of EIA for development; Discussion by Couzens and Gumede ‘Losing
- The backlog of EIA applications; the views of Retief, Welman and Sandham ‘Performance
- The courts and s 24G: The Magaliesberg Protection Association V MEC: Department of
- Conservation history of the Magaliesberg
- Facts
- The judgment of the Supreme Court of Appeal
- Implications of the judgment
- Principles of NEMA
- Apprehension of bias
- National Environmental Management Amendment (NEMA) Laws Bill [B13-2013]
- National Environmental Management Amendment Laws Bill; Public Hearings 21
- National Environmental Laws second Amendment Bill: Department of Environmental
- National Council of Provinces and Environmental Affairs 30 July 2013
- Conclusion
There have been some who have suggested that the Department of Environmental Affairs and Tourism's re-examination of the environmental impact system is somehow indicative of a weakened commitment to the Environmental Impact Assessment (EIA) process. According to Kidd, 'the basic feature of the EIA process remains the same as under the 2006 EIA Regulations. Ridl and Couzens suggested that the 2006 EIA Regulations had not sufficiently addressed the setting of the thresholds (which is still the issue under the current EIA regulations).
The thrust of the complaint was that the development threatened the environment and the initiative to have the Greater Magaliesberg Region declared a Biosphere. Couzens and Dent, commenting on the impact assessment and decision-making process in the matter of the proposed De Hoopdam,.
Implementation and enforcement of environmental law statutes in South Africa -
- Introduction
- Environment Conservation Act
- Enforcement and implementation of NEMA
- Locus Standi in Judicio
- Private prosecution
- Criminal proceedings
- Offences under NEMA
- Implementation and enforcement of section 24 of NEMA
- Consequences of unlawful commencement of an activity
- Use of criminal sanctions to enforce environmental impact assessment
- Criminal Sanctions and Environmental Impact Assessments
- The law
- Administrative Measures; Section 24G
- The data on the unlawful commencement of listed activities
He was therefore charged with contravening Section 24F of NEMA for commencing the said activity (within the meaning of the National Environmental Management: Biodiversity Act703) without obtaining a permit from the competent authority. In the above case, the court suspended the entire sentence on Count One because it admitted , that the accused has already paid an administrative fine and submitted a request for the correction of the illegal performance of the mentioned activity. The above judgment of the court does not alleviate this problem, because it took into account the fact that the accused had already applied for the correction of 24G as a mitigating factor.
It was brought to the attention of the US Congress that "the absence of a focused criminal enforcement program resulted in. A Ramdhin "The use of the EIA process to protect purely commercial interests: the case of the Fuel Retailers Association of Southern Africa v. Director-General Environmental Management , Department of Agriculture, Conservation and Environment, Mpumalanga Province and Other SAJELP.