The basis for environmental impact reports
In order to provide a framework for the environmental impact assessment process as required in section 26 of the Environment Conservation Act, Regulation 1183 was promulgated, on 5 September 1997. It sets out aspects with regard to environmental impact assessments such as that an Independent Consultant must be appointed, the duties of the applicant, actions that must be executed and several more.
In essence the more important parts of R1183 require the following:
The proponent will first discuss his project with the department responsible for environmental governance in order to establish informally what the best approach should be. An application is then filed. The proponent must then submit a plan of study for scoping that sets out how the scoping process will be done. Once the plan of study had been approved, the Independent Consultant on behalf of the applicant must then execute the scoping study and submit an appropriate report. The purpose of the Scoping Report is to identify all possible adverse impacts and to get some idea of the extent to which it could adequately managed. The official can then take the necessary steps to permit the proposed action if the extent of all impacts are clear.
If the extent of the impact is not clear, a detailed environmental impact assessment can be required. For this phase a further plan of study for the environmental impact assessment must be submitted. On approval of the plan of study, the environmental impact assessment can be undertaken. Once the EIA had been completed, the official can permit the activity, refuse permission for the activity or permit the activity subject to conditions.
the scope and content of environmental impact reports
the scope
and content of environmental impact reports, may include but are not
limited to -
a description of the activity in
question and of alternative activities;
the identification of the physical
environment which may be affected
an estimation of the nature and
extent of the effect of the activity on the land, air, water, biota and
other elements or features of the natural and man-made environments
the identification of the economic
and social interests which may be affected
an estimation of the nature and
extent of the effect on the social and economic interests
a description of the design or
management principles proposed for the reduction of adverse environmental
effects
a concise summary of the finding of
the environmental impact report
NEMA in section 24(3)(c) requires that for the implementation of an environmental impact assessment process, the procedures laid down in section 24(7) must be applied. This effectively means that the principles and procedures of NEMA must be followed even if an environmental impact assessment in terms of the ECA is executed.