The EIA Regulations, 2014, (as amended in 2017) regulates the BA and EIA processes. Several activities, for which 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). 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.
How can we assist?
- We conduct Basic Assessments for smaller scale activities, the environmental impacts of which are generally known and can be easily managed. 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.
- We conduct scoping and full Environmental Impact Reports (EIR) for activities (due to their nature and/or extent) that 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. An EIA requires a description of the proposed activity and any feasible and reasonable alternatives, description of environmental issues and potential impacts (biological, social, economic, cultural), cumulative impacts that have been identified, details of the public participation process undertaken, 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.
KCM has experience in undertaking Environmental Screenings and Feasibility Assessments which are carried out to determine whether a Basic Assessment or Scoping and Full EIR is needed for a particular project or activity.
This process requires:
- A rapid assessment of the site in terms of its potential for development. This includes project familiarisation, desktop research, and brief desktop environmental evaluation of the identified site.
- GIS mapping of any sensitive environmental features on the site; and
- Compilation of an Environmental Screening Report detailing the findings of the preliminary investigations and outlining the necessary legislative requirements which may need to be undertaken by the client in terms of the NEMA EIA Regulations (2014 as amended in 2017), National Water Act (1998), Waste Management Act (2008), National Heritage Resources Act (1999), National Biodiversity Act (2004) and various other relevant legislation and bylaws identified by an Environmental Assessment Practitioner (EAP)
KCM has experience in undertaking Phase I & II in strict accordance with the requirements of Designation E1527-13 of the ASTM Standards
Phase I Environmental Site Assessment, the following steps will be taken:
- Record Review
- Site investigation of surrounding reconnaissance
- Interviews with the property owner, tenants, and property managers
- Compilation of a report documenting the findings, conclusions, and recommendations.
Phase II Environmental Site Assessment, the following steps will be taken:
- Formulation of questions
- Identification of areas of concern
- Development of conceptual model
- Plan and preparation for sampling/testing
- Undertake sampling/testing
- Validation of modelling
- Conclusions and report compilation
KCM has experience in undertaking Section 24g applications in accordance the National Environmental Management Act (107 of 1998) and its Environmental Impact Assessment Regulations (GN 543, 18 June 2010). A Section 24g report is required for a development which has been commenced without the required environmental authorisation. As part of the application requirements an applicant is required to commission an independent Section 24G process which is intended to inform the competent authority when considering the anticipated impacts of the proposal. The commencing of any development before obtaining authorisation by the competent authority concerned is prohibited and it is an offense. This opportunity is limited to 6 months to correct.
KCM has experience in undertaking Waste Management Licenses/Waste Use Licenses in strict accordance with the Environmental Management: Waste Act 2008 (Act 59 of 2008), as amended by the National Environmental Management: Waste Amendment Act (26 of 2014). A waste management licence is required in terms of NEMWA and associated regulations and notices. Several waste activities are listed in three separate lists. Category A activities requires that a Basic Assessment Process, Category B listed activities requires a full scoping and EIA process and Category C listed activities do not need a licence, however, it has to conform to certain practices and standards listed.
We can conduct an audit of your current Waste Management Plan to assess the degree of compliance with the National Environmental Management: Waste Act, 2009 and provide recommendations where necessary. The process we follow is:
- Analyse the quantitative and qualitative waste being generated.
- Identify the waste management action for each type of waste including re-using, recycling, recovery of disposal.
- Update the plan to reflect the progress of the project.
A water use authorisation will apply should an activity be subject to the water uses listed under Section 21 of the National Water Act (Act 36 of 1998). Activities that trigger only Section 21 (c) and (i), may require authorisation via a General Authorisation process in terms of GN 44029 (No 509 of 2016), dated August 2016, should the environmental significance be deemed low. However, they still need to be registered with the Department of Water and Sanitation (DWS). Water uses above the threshold requires an application for an Integrated Water Use Licence from DWS
How can we assist?
- KCM will undertake the water use licence application process,
- KCM will undertake a public participation process as well as specialist studies (e.g. geohydrological, flood line, hydrological, offset studies, watercourse delineation) to define the sustainability of the suggested water use. Subject to the availability of free water in the catchment, a thorough report will be submitted to the DWS for approval.
- The WUL applications are then submitted online by KCM via the eWULAA (Electronic Water Use Licence (WUL) Application and Authorisation) portal. This ensures that all information presented is kept safely, it allows users to see the current stage of their application and the party responsible for providing information.
The National Environmental Management: Air Quality Act, 2004 (Act no. 39 of 2004) listed in Government Notice No. 248, Gazette No 33064 stipulates that that any facility producing air pollution – which in terms of the Act is referred to as an atmospheric emission – must ensure that they have in place an effective air quality management plan. Certain industries have been documented as carrying out “listed activities”, in which case they need to apply for an Atmospheric Emission License (AEL). It is an offence for industries to operate a listed activity without an Air Emissions Licence. An environmental authorisation is required for activities that need an AEL as the AEL process is closely linked to the EIA process.
How can we assist?
- AEL applications
- Submission of AEL report to the relevant licensing authority. The report is made up of various documents and reports for example stack monitoring results, a summary of complaints and management plans etc.
KCM has experience in undertaking the Public Participation process in strict accordance with Chapter 6 of the 2014 NEMA: EIA Regulations (as amended, 2017). The goal of the Public Participation Process is to transfer project information to the public through consultation, engagement with relevant stakeholders and notifying Interested & Affected Parties (I&APs) during the process. Potential I&APs will be given the opportunity to register as an I&AP to received updates throughout the lifecycle of the project. They will also be given the opportunity to comment on the Draft Basic Assessment Report. The public Participation process will run throughout the lifetime of the project to address the comments/concerns of stakeholders and registered I&APs throughout the environmental assessment process.
KCM has experience in undertaking mining permits and rights in accordance with the requirements of the Mineral Petroleum Resources Development Act, 2002 (Act No. 28 of 2002) and the NEMA: EIA Regulations, 2014 (as amended). The environmental process to be undertaken will be dependant of the longevity of the mining operation and the size of the site.
KCM will assist with permits in accordance with the relevant legislation and by-laws.