Panorama
 
 
 
   
 
 

MAJOR IMPROVEMENTS PLANNED IN EIA SYSTEM

Environmental Panorama
International
November of 2007

 

05 November 2007 – Speech - Department of Environmental Affairs and Tourism

INTRODUCTION

Our experience in South Africa continues to prove that the interests of communities and the interests of the environment can never be separated. Economic development and investment on the one hand, and conservation on the other, need not be opposing end-goals. Environmental impact assessments (EIAs) are internationally recognised as an important tool to enable governments to ensure that environmental considerations are taken into account when reaching important decisions on development and investment.

The way in which EIAs have been handled in South Africa has come a long way. Government is committed to making even further improvements to the EIA system, which will ensure that our future economic growth occurs in a manner that does not compromise the integrity of our environment.

Implementation of the 1997 EIA Regulations by authorities and feedback received from stakeholders revealed a number of inadequacies in the Regulations and the general EIA system of South Africa. In reviewing these regulations it became clear that in order to introduce a set of new and far reaching measures that would allow for a more strategic approach to the management of the environmental impacts of developments, amendments to our National Environmental Management Act (NEMA) itself were required. In the interim however, it was decided to go ahead and amend the EIA Regulations within the limits of the enabling legislation to streamline them and to deal with problems that had arisen in implementation

CAPACITATING PROVINCES

Accordingly, on 3 July 2006 the NEMA EIA regulations came into force. The new system introduced in these regulations has already begun to pay dividends in terms of streamlining processes, as witnessed by the fact that across the country there is virtually no delay in the processing of applications that have been submitted in terms of these new regulations. This achievement is in part due to a major training effort with the provincial authorities, the introduction of consistent systems across the country and the introduction of mandatory processing times. Contracts to the amount of R11 300 000 (11.3 Million) have been awarded to service providers to assist provincial authorities with the expedient finalisation of the remaining applications under the old 1997 regulations. We are looking forward to completion of the total backlog by the end of this financial year.

I am also pleased to announce that accredited training will be rolled out in 5 national centres. Provinces have been informed well in advance of the dates for training. This training will cover the areas identified by DEAT and all 9 provinces as areas of concern. I must warn all officials that they should come prepared to work hard in this 5-day intensive training course. There will be an examination at the end of the course.

In the process of capacitating provinces, our department realizes the need for proper consultation. It is also important not to provide a one size fits all solution. Hence we are currently conducting a capacity audit and needs analysis survey.

NEMA AMENDMENTS TO FURTHER STREAMLINE THE SYSTEM

The NEMA Amendments are currently in Parliament and the amendments to the regulations and listing notices are being finalized and will be ready for publication once the NEMA Amendment has been promulgated.

I however have to mention the fact that there are 10 authorities implementing the same law and regulations. This complicates the matter of reaching consensus, especially on the wording and thresholds for listed activities. It is our view that it is worth having regulations and listing notices with more rather than less detail in order to ensure that as far as possible these can be used by all authorities and that there is national consistency in the way that the EIA system is managed and run

Allow me to highlight and announce some specific amendments to NEMA that we believe will further improve our EIA system.

ENVIRONMENTAL MANAGEMENT FRAMEWORKS

For some time now it has been apparent that using EIAs as the only means of dealing with environmental impacts is severely limiting and creates huge system problems. Therefore, the amendments to NEMA make provision for the introduction of a wider set of environmental impact management tools, and the 2006 Regulations explicitly provided for the development of Environmental Management Frameworks. Section 24 (3) of NEMA provides for the Minister to compile information and maps that specify the attributes of the environment in particular geographical areas, including the sensitivity, extent, interrelationships and significance of such attributes which must be taken into account by every competent authority.

It further enables the Minister to use and consider the information compiled in an Environmental Management Framework for applications for environmental authorisation in a geographical area.

There is currently a thrust spearheaded and largely funded by our Department to ensure that EMFs are done for areas that are under severe development pressure or where there are biophysical and environmental attributes and issues that require special attention.

EMFs have huge benefits for development because they embody a pro-active approach. EIAs are reactive in the sense that they are only undertaken once a development proposal has been formulated. EMFs pro-actively look at the characteristics of an area and highlight the specific aspects that enable land use planners to take better decisions. Due to the large number of variables that have to be considered in the compilation of an EMF, it is unfortunately an expensive exercise, but because it lays a proper foundation for all aspects of land use, local authorities are encouraged to make use of this tool. Once it is in place, the benefits are obvious.

ENVIRONMENTAL ASSESSMENT PRACTITIONERS (EAPS)

Another positive development in this field is the initiative taken by environmental practitioners to improve the quality of work undertaken by practitioners in this industry.

At a meeting we convened in 2005 with representatives from the environmental impact assessment profession, I appointed the Interim Certification Board (ICB) for practitioners to initiate a systematic and inclusive process, which would deliver on the identified needs and legal requirements for the establishment of a registration authority for practitioners in South Africa. DEAT and the ICB subsequently started a process expected to culminate in the establishment of a registration authority for environmental assessment practitioners.

A national conference of stakeholders was held in March 2006 and during two subsequent discussions of the Working Group, which was mandated at the national conference to take this forward, it became apparent that the South African Qualification Authority (SAQA) will have to develop unit standards as part of this project. A second stakeholder conference is planned for 20-21 November 2007, where the work done by the mandated working group will be presented and discussed.

The fact that the environmental assessment profession has no single qualification that serves as a common denominator makes the regulation of the industry very difficult. Specialities in a number of fields form part of the profession and include a wide range of fields, e.g. landscape architects, planners, etc.

I would like to announce that government officials responsible for environmental assessments will also be required to meet the same criteria as that of EIA consultants, which means the work done by reviewers must also be taken into account during the process. Every method must be used to ensure that the new proposed system is seen to be truly objective and inclusive.

INTEGRATION OF EIA APPLICATIONS AND THE MUNICIPAL INFRASTRUCTURE GRANT (MIG) PROJECTS

The integration of EIA applications in relation to the Municipal Infrastructure grant process, has been an area of concern for some time, and has caused many unnecessary delays and frustrations.

It has often happened that a project has been planned in great detail, and only when the contractors have been selected, it is realized that the development also need an EIA authorization. Therefore I am pleased to announce that our department has appointed a service provider to evaluate the two procedures to identify areas of possible overlap and duplication, and to propose a procedure that would meet the needs of both sets of requirements in one process. This project will be concluded in this financial year.

SECTOR GUIDELINES

I am also pleased to report that sector guidelines are being developed in order to facilitate a more efficient EIA system. The following sectors have been prioritised due to links with ASGISA priorities

These sectors are:

Linear Infrastructure development
Energy generation, distribution and supply
Large scale property development
Social infrastructure
Agri-industry

EFFICIENCY AND EFFECTIVENESS SURVEY AND NEW IMPACT MANAGEMENT STRATEGY

It is important to continuously monitor and evaluate the EIA system. In this regard, our department has just advertised tenders for a survey to evaluate the efficiency and effectiveness of the EIA regulations, as implemented for 10 years now. The results of this survey will inform further strategies around environmental impact management, which will enable us to apply our resources better, to eliminate unnecessary EIAs, to provide for other tools apart from EIAs which might be more effective in specific cases, and to allow flexibility in order to be more efficient. It is envisaged to have a national conference along these lines around October 2008, when the results of the survey should be in.

CONCLUSION

I am firmly of the view that the amended EIA regime will combine the best of the current system with new provisions to streamline processes even further, and will ensure that the application and administration of our environmental laws is more efficient and effective. The end result will be better for conservation, better for communities, better for development and better for South Africa.
Riaan Aucamp (Minister's Spokesperson)

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Opening Speech for Deputy Minister – Nairobi and Abidjan

08 November 2007 – Speech - Department of Environmental Affairs and Tourism

Programme Director,
Ministers of Environment and Fisheries,
UNEP Executive Director,
Ambassadors and High Commissioners present with us,
Ladies and gentlemen,

It is my pleasure to welcome you to the first joint Conference of Parties of the Nairobi and Abidjan Conventions. I believe that your presence in this joint conference today, emphasises your commitment to the Nairobi and Abidjan Conventions.

We need not be reminded of the importance of our oceans. You will recall that oceans make 80% of our planet and provide a myriad of services. With more than 60% of our populations living in the coastal zone, the marine environment has the potential to significantly contribute to the Millennium Development Goals, particularly that of poverty reduction.

Therefore, the sustainable management of these resources is vital and will also contribute to the achievement of the 2010 target of significantly reducing biodiversity loss.

The coastal and offshore waters and island states of the Sub-Saharan Africa region are ranked among the most productive waters in the world. The countries in Western Africa are rich in fisheries, oil, gas and mineral resources, while those in Eastern Africa have rich and diverse ecosystems. Overall, the two regions have great potential for tourism and serve as important reservoirs of marine and coastal biological diversity. The economic value of the biodiversity in the two regions provides enormous potential benefits for countries, and especially coastal communities.

“Building on Success” as the theme for our joint meeting should enable the contracting parties to take stock of the progress made in the many projects and programmes that have been implemented since the adoption of the two Conventions, and hopefully will build on this momentum with increased political commitment.

Excellencies, distinguished participants, South Africa straddles important shipping routes between Europe, Asia and South America, handling huge volumes (80%) of the world’s shipping traffic. Add to this the Cape of Storms and you will understand why South Africa is vulnerable to shipping accidents and pollution. Second, the active offshore explorations for petroleum and minerals as well as pollution from land base sources are serious threats to our marine environment. When faced with these kinds of transboundary challenges, it necessitates management and cooperation efforts with our neighbouring states and the entire region.

The commitment that has been displayed by the ratifying countries is commendable and I am delighted that Mauritania and Cape Verde have already begun with the process of ratifying the Abidjan Convention.

This joint COP provides an important opportunity to generate increased visibility, commitment and ownership of the Conventions. It is noted from our Reviews that the 2 conventions faces many challenges which result in slow implementation.

This joint meeting of the two conventions presents an opportunity for renewed commitment to improve implementation of the Abidjan Convention.

Our collective efforts are required to help fulfill the goals of our Conventions as outlined in its 2008 – 2011 Work Programme, which aim to address poverty, job creation, better health and sustainable livelihoods of our coastal communities and the entire population.

Excellencies, distinguished participants, our challenge is to ensure that the decisions we have taken here are translated into action. I would invite my colleagues to continue to give political and financial support to the secretariat and programmes of both Conventions as this is key to building our capacity to sustainably manage our marine resources.

I thank you

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Speech of the Executive Director of the United Nations Environment Programme to the Joint Meeting of the Conference of the Parties to the Abidjan Convention and the Nairobi Convention

08 November 2007 - Speech - Johannesburg, South Africa, 5 – 8 November 2007

Excellencies, Ministers, Distinguished Delegates, Ladies and Gentlemen,

Thank you for inviting me to address this joint meeting of the Conference of the Parties to the Abidjan Convention and the Nairobi Convention.

Thank you too to the Government of South Africa and its people for their hospitality and excellent arrangements as hosts.

Thanks also to the Chairpersons of the Bureaus of the Abidjan and Nairobi Conventions for their guidance and leadership. The Bureau has always been there for the Secretariat and I thank them for their support.

Ladies and gentlemen, we meet here in Johannesburg in a world where the environment may have finally been understood not as a peripheral interest for those with time on their hands or an obsession with a niche interest.

But as a fundamental basis for stability in rapidly changing world and for much of the economic activity that supports developing and developed countries alike.

It is perhaps through the lens of climate change that the world is uniting around the notion of environment for development and the impact that unsustainable activities are having on the Earth’s economically central life support systems including the marine environment.

The awareness has been led by the Intergovernmental Panel on Climate Change (IPCC)—its more than 2,000 scientists have now validated climate change as a scientific fact.

This year the IPCC, jointly established by UNEP and the World Meteorological Organisation, says the evidence in 2007 is “unequivocal”.

The likely impacts, from the melting away of glaciers and thus water supplies in the Himalayas to the Rocky Mountains and the threats to perhaps up to a third of Africa’s coastal infrastructure, have also been brought into sharp focus by the IPCC this year—impacts many of which are likely not in some far distant future but in the life time of many in this room.

Yet the IPCC has also provided us with another reality—namely that the costs of combating climate change will be lower if we act now than if we wait—and that those ‘early action’ costs are perhaps as little as 0.1 per cent of global GDP over 30 years.

Climate change is the most clear challenge of this generation—a transition to a low carbon economy will be UNEP’s over-arching message in Bali at the forthcoming climate convention meeting in December when government’s really must get down to negotiating a post 2012 emissions reduction treaty.

A low carbon economy should not be just a goal for developed nations—the countries most responsible for climate change.

It should be a demand of developing ones too—why should the countries of Africa have access only to 20th if not 19th century energy generation and energy efficient systems when there are emerging, cost effect and cleaner or renewable energies?

Adaptation to climate change—climate proofing economies—is about access to modern energy systems as much as it is about capacity building in terms of agriculture, or health or infrastructure.

Today at UNEP headquarters in Nairobi, UNEP with funding from the Global Environment Facility, the African Development Bank and industry, we are launching initiatives totalling close to $100 million to generate electricity from sugar wastes and small-scale hydro in East and Southern Africa’s tea industry.

Millions of farmers and thousands of communities stand to benefit from the availability of cheaper and greener power—especially in rural areas—industry stands to benefit from lower fuel costs—the global environment will benefit from reduced emissions as will forests from the anticipated reductions in the need for fuel-wood.

Climate change is certainly the most pressing and high profile concern of the here and now.

And the science continues to pour forth with new and important implications for terrestrial but also marine ecosystems--from the acidification of the oceans, and the possibility that this could interfere with the calcium-making mechanisms of economically important shellfish to coral reefs, to dramatic shifts in the currents that moderate climate and play key roles in the health and location of fish stocks.

In two days time, UNEP will hold a meeting of experts and government officials on the issue of mercury—the highly poisonous heavy metal.

There is now emerging concern that old deposits and new sources of mercury are emerging from sediments in lakes warming as a result of climate change.

Concern also emerging that the accelerated melting of ice in the Arctic is bringing mercury locked away back into circulation in the world’s oceans and from there into the food marine food chain.

Significant new sources of mercury are also entering the global environment as a result off increased coal burning in Asia and other rapidly developing economies—again addressing climate change has wider benefits in terms of both the terrestrial but also the marine environment.

Ladies and gentlemen, perhaps I am dwelling too much on climate change and perhaps ignoring the two conventions at the heart of today’s meeting.

But if there is one thing that climate change teaches us, it is the ‘interlinkages’ –to use the jargon—between so many areas that perhaps in the past seemed disconnected—interlinkages that perhaps also have resonance with the Nairobi and Abidjan Conventions and their links with other multilateral environmental agreements.

This is a point clearly brought into sharp relief by UNEP’s latest flagship report, the Global Environment Outlook-4 launched last month including here in South Africa.

GE0-4 underlines not only the fact that the over-exploitation off the Earth’s nature based and natural resources is reaching several real crisis points.

But is also salt and peppered with inspiring and shinning examples of actions taken across the world to more intelligently manage economically important ecosystems--Fiji’s decision to establish no take marine zones, leading to a 250 per cent increase in lobster catches, springs to mind.

However, GEO-4 also underlines that the scale and pace of the response is failing to match the magnitude and the speed of the challenges.

GEO-4 also points out that, albeit unevenly shared, the world is around a third richer than 20 years ago and that the international community has rolled out a great deal of multilateral environmental agreements.

But that these, ranging from climate and biodiversity to desertification and migratory species, remain to a greater or lesser extent underutilized and often under-funded.

Ladies and gentlemen,
The Abidjan and Nairobi Conventions are part of this success story but also part of this, may one say, frustrating landscape of a less than substantial response to persistent and merging challenges.

This is why this joint meeting of the Conference of the Parties is so crucial—we need to re-discover the raison d’etre as to why they were established in the first place and give them all the necessary scientific, political and financial backing so they can realize their extraordinary potential.

Some of that potential has been realized already.

In 1998 in Cape Town governments endorsed the Cape Town Declaration which led to the African Process to strengthen these two conventions.

Just last week, UNEP held its 9th Global Meeting of the Regional Seas Conventions and Action Plans in Jeddah, Kingdom of Saudi Arabia.

The Jeddah Declaration underlines that the Regional Seas Conventions and Action Plans are increasingly concerned about many emerging issues from climate change to deep sea biodiversity and sustainable management of the high seas.

Likewise, the meeting concluded that the continued decline in marine and coastal ecosystems services can no longer be seen purely from an environmental perspective as it has deep consequences on the socio-economic development of countries. It is in this recognition that the Global Strategic Directions for the Regional Seas (2008-2012) were adopted.

In the last eight years, these two conventions have—in partnership with organizations including UNEP, UNDP and UNIDO and often with Global Environment Facility-funding—assisted in establishing the--

Western Indian Ocean Land Based Activities (WIO-LaB) project, South West Indian Ocean Fisheries Project and the Agulhas Somali Large Marine Ecosystem project under the Nairobi Convention. The total budget for these projects is over US$75 million to be spent in the next five years;
The ongoing Guinea Current, Canary Current and Benguela Current Large Marine Ecosystem projects in the Abidjan Convention area have a total budget of over US$80 million in both in-kind and cash contribution.

Under the Nairobi Convention, the “Consortium for Conservation of Coastal and Marine Ecosystems in the Western Indian Ocean” has been established.

The consortium, referred to as the “WIO-C”, is a partnership between major NGOs and other organisations in the Western Indian Ocean. It is designed to improve information exchange, synergy and coordination between NGOs working on coastal and marine environment issues in the Western Indian Ocean region, and to move towards a joint programmatic approach in addressing these issues.

Under the Abidjan Convention, UNEP is building partnerships with the Regional Programme for the Conservation of the Coastal and Marine Zones of West Africa (PRCM). The PRCM is a partnership between IUCN, WWF and Wetlands International. Increasingly, these partnerships are being linked to the Large Marine Ecosystems (LME) projects and the newly established interim Benguela and Guinea Current commissions.

With support from the GEF and the UNEP Global Programme of Action (GPA), both Conventions have developed new protocols on land-based activities and sources of pollution. These protocols have been developed in partnership with UNIDO and UNDP through GCLME project (for the Abidjan Convention) and WIO-LaB project (for the Nairobi Convention).

UNEP has also moved forward to strengthen the regional coordination mechanisms of the Abidjan Convention. UNEP has appointed a full time senior staff member to support the Abidjan Convention Secretariat. The Secretariat has also taken steps to strengthen the role of National Focal Points in the implementation of the work programmes of both the conventions for 2008-2012.

UNEP has supported 18 countries to help the National Focal Points to initiate compilation of national status reports on the coastal and marine environment. These reports will lay the basis for an effective and continuous reporting mechanism for the Conventions to support the prioritisation process and implementation of the Conventions, and will assist Contracting Parties to meet their reporting obligations.
I am happy to note that all the countries that signed the Nairobi Convention have ratified the Convention. We are also happy to welcome Liberia and Sierra Leone to this meeting. Both countries ratified the Abidjan Convention in 2005—bringing the total to 14. One way of strengthening the agreement will be ratification by more countries

Ladies and gentlemen, what of the future?
If we are to truly rise to the challenge of more intelligently managing the planet’s natural and nature-based resources, we need to strive ever harder to put the environment in the centre of government policy—policy that cuts across all ministries.

The world is undergoing multiple environmental change phenomena but environmental change phenomena that will impact on economies, livelihoods and health issues to ones connected with agriculture, foreign policy and even security.

Under the climate convention we may be seeing this already. The Bali meeting will also include a gathering of finance ministers as well as the environment ministers who traditional carry out the negotiations.

In respect to these two conventions, UNEP is keen to press forward with integrating all Regional Seas Programmes into national frameworks.

On a specific note, UNEP is also keen to encourage the use of Strategic Environmental Assessments (SEAs) not least because of the need to balance the emerging opportunities off Africa’s coast for oil and gas with the sustainability challenges.

The issue of financial sustainability is also a critical issue. It requires a decisive commitment by all the Contracting Parties to contribute to the Conventions’ Trust Funds.

Your participation will provide both additional funding for catalytic activities and a practical demonstration of commitment to the work of the two Conventions. This will encourage our partners to increase their collaboration with the Contracting Parties.
There is also a need to further strengthen Regional Coordinating Units to ensure they are effective agents of change.

An important step forward will also be increasing cooperation between all multilateral environmental agreements and increasing cooperation between UN agencies but also other important players including local authorities; the financial markets, civil society and citizens.

The UN is engaged in a reform process under the banner ‘Delivering as One”—this concept has wider resonance.

Ladies and Gentlemen,
Africa’s abundant nature-based and natural resources are and will increasingly be the engine that will assist in meeting the Millennium Development Goals while lifting this Continent into a more equitable and prosperous future.

From agriculture to the world’s biggest industry—tourism—Africa’s land and coastal areas represent a blue-print for dynamic economic growth that is beginning to attract international and cross border investment and entrepreneurs on a scale perhaps never witnessed before.

It is in many ways a defining moment.

Ladies and gentlemen,
vibrant, cooperative and strengthened treaties like the Nairobi and Abidjan Conventions represent part of that insurance policy—part of that essential policy response—upon which this development can be managed in an intelligent and sustainable way—for current and future generations.

Let us together evolve the two agreements onto the next level so they can effectively and efficiently respond to the challenges but also the opportunities coming so fast, Africa’s way.

Thank you

 
 

Source: South African Environmental (http://www.environment.gov.za)
Press consultantship
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