The EIA Regulations, 2014, (as amended in 2017) regulates the BA and EIA processes. Several activities, for which an environmental authorisation is required, are listed in three separate listing notices published in terms of the National Environmental Management Act, 1998 (Act No. 107 of 1998) (NEMA). Activities listed in Listing Notices 1 and 3 (Government Regulation 327 & 324) requires a Basic Assessment process and activities listed in Listing Notice 2 (Government Regulation 325) requires a full scoping and EIA process.
What is a Basic Assessment Report (BAR)?
A BAR is required if any activities from the Environmental Impact Assessment (EIA) Regulations, 2014 (as amended in 2017) in terms of Listing Notice 1 (GN: 327) and Listing notice 3 (GN: 324) of the National Environmental Management Act, 1998 (Act No. 107 of 1998) are triggered. These are smaller scale activities, the impacts of which are generally known and can be easily managed. Typically, these activities are considered less likely to have significant environmental impacts and, therefore, do not require a full-blown and detailed EIA. However, it still requires public notification and participation, consideration of the potential environmental impacts of the activity, assessment of possible mitigation measures, and an assessment of whether there are any significant issues or impacts that might require further investigation.
The methodology to be undertaken is as follows:
| Process | Steps | Timeframes |
| SCREENING PROCESS | Step 1: Submission of enquiry form and/or pre-application meeting with the competent authority (CA) | Weeks 1 – 2 (Dependent on availability |
| SPECIALIST STUDIES | Step 2: In accordance with the requirements laid out by the competent authority – specialists will be appointed to undertake the required studies | Allow 6 – 8 weeks for completion |
| PUBLIC PARTICIPATION – PHASE 1 | Step 3: Commence with the Public Participation Process (this includes the notification of I&APs, adjacent neighbours, placement of signboards, advertisements, BID) | Allocate 21 days for I&APs to register |
| INTEGRATION AND ASSESSMENT | Step 4: Compilation of the draft basic assessment report (BAR) and the draft EMPr. | 2 weeks – if information is received timeously |
| PUBLIC PARTICIPATION – PHASE 2 | Step 5: Submission of the Draft Basic Assessment Report for commenting period | Allocate 30 days for I&APs to comment |
| FINALISATION | Step 6: Collation of comments and responses and finalisation of draft reports | 1 – 2 weeks (provided no major changes) |
| ADMINISTRATION AND SUBMISSION | Step 7: Submission of Final Basic Assessment Report to the competent authority (CA) | Allow 14 days for acknowledgement |
| ACCEPTANCE/ REJECTION AND APPEALS | Step 8: Issuing of the environmental authorization Step 9: Notification of I&APs of decision Step 10: Handling of appeals | CA has 107 days to accept/reject the final BAR. Appeals may take up to 3 months. |
BAR process and AEL (Atmospheric Emissions License):
A BAR will be required where there is an expansion to existing facilities, and where the expansion will result in the need for a new, or amendment of the existing AEL.
Example:
The client operates an asphalt plant and holds an AEL for its boilers. The client plans to expand their operations by including an additional boiler to increase their product turnover. As the facility will be expanded to accommodate the additional boiler, and the existing AEL will need to be amended (due to material changes in the emissions profile), a BAR will be required.
Scoping and Environmental Impact Report (EIR)
A full-blown scoping and EIR is required when activities described in Listing notice (GN: 325), are triggered. These activities (due to their nature and/or extent) are likely to have significant impacts that cannot be easily predicted. They are therefore higher risk activities that are associated with potentially higher levels of pollution, waste, and environmental degradation. A Scoping Report requires a description of the proposed activity and any feasible and reasonable alternatives, a description of the environment that may be affected, and the way the biological, social, economic and cultural aspects of the environment may be impacted upon by the proposed activity; description of environmental issues and potential impacts, including cumulative impacts that have been identified, and details of the public participation process undertaken. Scoping Report must contain a Plan of Study for the EIA, specifying the methodology to be used to assess the potential impacts, and the specialists or specialist reports that will be necessary.
The table below summarises the steps to be taken:
| Process | Steps | Timeframes |
| SITE VISIT AND BASELINE ASSESSMENT | Step 1: Undertake a site visit with the client to determine the baseline conditions of the site. Undertake a brief baseline screening using GIS Systems. | First Week of appointment (Dependent on availability) |
| PRE-APPLICATION PROCESS | Step 2: Submission of enquiry form and/or pre-application meeting with the competent authority (CA) | 1 week (Dependent on availability) |
| PUBLIC PARTICIPATION – PHASE 1 | Step 3: Commence with the Public Participation Process (this includes the notification of I&APs, adjacent neighbours, placement of signboards, advertisements, BID) | Allocate 21 days for I&APs to register |
| SPECIALIST STUDIES | Step 4: In accordance with the requirements laid out by the competent authority – specialists will be appointed to undertake the required studies | Allow 6 – 8 weeks for completion |
| SCOPING PHASE 1 | Step 5: Compilation of the draft scoping report including the baseline assessment undertaken in step 1 | 2 weeks – if information is received timeously |
| ADMINISTRATION | Step 6: Submission of application forms to the competent authority (CA) | Allow 2 weeks for acceptance. |
| PUBLIC PARTICIPATION PHASE 2 | Step 6: Submission of the Scoping Report for commenting period | Allocate 30 days for I&APs to comment |
| SCOPING PHASE 2 | Step 7: Finalisation of scoping report inclusive of comments received. Step 8: Submission of final scoping report to the competent authority (CA) | The CA has 43 days to accept or reject the Scoping Report. |
| ENVIRONMENTAL IMPACT REPORTING AND ASSESSMENT | Step 9: compilation of the draft environmental impact report (EIR) and draft environmental management Programme (EMPr) | 2 weeks – if information is received timeously |
| PUBLIC PARTICIPATION PHASE 3 | Step 10: Submission of the draft environmental impact report (EIR) and draft environmental management Programme (EMPr) for commenting period | Allocate 30 days for I&APs to comment |
| FINALISATION | Step 11: Collation of comments and responses and finalisation of draft reports. | 1 – 2 weeks (provided no major changes) |
| ADMINISTRATION AND SUBMISSION | Step 12: Submission of Final EIR and EMPr to the competent authority (CA) | Allow 14 days for acknowledgement |
| ACCEPTANCE/ REJECTION AND APPEALS | Step 13: Issuing of the environmental authorization Step 14: Issuing of the mining permit Step 15: Notification of I&APs of decision Step 16: Handling of appeals | CA has 107 days to accept/reject the final BAR. Appeals may take up to 3 months. |
| LICENSE / RIGHT | Step 17: Submission of application to relevant authority for the approval of licenses / rights. | May take up to 3 months. |
The general provisions of NEMA that apply to an application for environmental authorisation also apply to, amongst others, the following applications (these are all considered to be an “environmental authorisation”):
• An environmental authorisation in terms of the National Environmental Management Act, 1998 (Act 107 of 1998) (“NEMA”);
• An atmospheric emissions licence in terms of the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004) (“NEM: AQA”);
• A waste management licence in terms of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) (“NEM: WA”).
• An environmental authorisation in terms of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 29 of 2002) (“MPRDA”).
Therefore, an application for a mining licence, waste management licence or an atmospheric emissions licence must also be subjected to the EIA process, as stipulated in the EIA Regulations promulgated in terms of NEMA. The competent authority for administering EIA in South Africa is either the relevant MEC responsible for environmental management, the Minister responsible for Environmental Affairs or the Minister responsible for Mineral Resources.
Scoping and EIR process, and AEL:
A Scoping and EIR is required for the construction of facilities or infrastructure for any process or Section 21 NEMA listed activity which requires an AEL.
Example:
The client plans to build a new foundry facility to produce steel and ferro alloys. Foundries are a listed activity in terms of Section 21 Air Quality Act (Subcategory 4.10). As the construction and operation of the facility will require an AEL, a full-blown scoping and EIR is required as part of the environmental authorisation process.
For assistance with any of the above-mentioned environmental authorisations, please don’t hesitate to contact us via mail info@kcmenviro.co.za or call us on 061 568 5510.