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Environmental Impact Assessment (EIA) Processes

EIA processes are undertaken in terms of the National Environmental Management Act, 1998 (NEMA) (Act No. 107 of 1998), as amended, and the EIA Regulations of 2014.

An EIA process has to be undertaken before any activity that is listed in the EIA Regulations Listing Notice 2 of 2014, may be commenced with.

An EIA process includes full Scoping and Impact Assessment Phases, and may, as an indication, take between 12 and 18 months to complete.

Basic Assessment (BA) Processes

BA processes are undertaken in terms of the NEMA, as amended, and the EIA Regulations of 2014.

A BA process has to be undertaken before any activity that is listed in the EIA Regulations Listing Notices 1 and 3 of 2014, is commenced with.

BA processes are usually less complex or contentious than the bigger and longer EIA processes, and usually takes less time (approximately 6 to 9 months) to complete.

Public Participation and Facilitation

Public Participation is an integral part of any Environmental Authorisation process, be it in terms of the NEMA, NEM:WA or NEM:AQA authorisation processes to name but a few.

Chapter 6 of the EIA Regulations of 2014 stipulates the public participation process that is required as part of an EIA or BA process.

At JM Enviro Consultants, we design tailor-made public participation processes to suit a projects’ specific needs, and which complies with the relevant legislation and guidelines.

JM Enviro Consultants has competent and experienced public and focus group meeting facilitators.

Environmental Management Programmes (EMPr’s)

An Environmental Management Programme (EMPr) are compiled with due consideration of the NEMA, and must comply with section 24N of the Act.

An EMPr is usually required as part of an EIA or BA process.

It is a report compiled to guide, as an example, the construction phase of a project by way of environmental management measures that are prescribed for specific tasks during the construction phase of the project.

River Maintenance Management Plan Compilation

River Maintenance Management Plans may be approved in terms of the EIA Regulations, 2014 and only relates to Activity 19, Listing Notice 1 (GN R.983) where maintenance work needs to be undertaken within a watercourse.

A Maintenance Management Plan must also satisfy the statutory requirements of the National Water Act, 1998 (Act 36 of 1998, as amended) and the Conservation of Agricultural Resources Act, 1983 (Act 43 of 1983, as amended), where applicable.

Environmental Due Diligence Assessments (Pre-development) / Environmental Opportunities and Constraints Assessments

Pre-application or pre-development environmental evaluations provide guidance on the environmental and environmental-process related risks and opportunities associated with a specific proposed project.

Atmospheric Emission Licence (AEL) Applications in terms of the NEM:AQA

AEL applications are undertaken in terms of the National Environmental Management: Air Quality Act, 2004 (NEM:AQA) (Act No. 39 of 2004), as amended, and the List of Activities of 22 November 2013, Government Notice No. 893.

Waste Management Licence Applications

WML applications are undertaken in terms of the National Environmental Management: Waste Act, 2008 (NEM:WA) (Act No. 59 of 2008), as amended, the Waste Classification and Management Regulations of 23 August 2013: Government Notice No. 634, and the List of Waste Management Activities of 29 November 2013: Government Notice No. 921 (Categories A, B and C).

NEMA Section 24G Rectification Applications

A rectification application is normally needed when a person –

a) has commenced with a listed or specified activity without an environmental authorisation in contravention of section 24F(1) of the NEMA;

b) has commenced, undertaken or conducted a waste management activity without a waste management licence in terms of section 20(b) of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008), as amended;

c) has commenced, undertaken or conducted an activity related to air quality without an atmospheric emission licence in terms of section 22 (a) and (b) of the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004), as amended.

Environmental Control Officer (ECO) Site Supervision (Compliance Monitoring)

ECO services are normally required once a project has been authorised by the respective Decision Making Authorities, and once construction commences.

As a condition of the Environmental Authorisation, an independent ECO must, in most cases, be appointed by the Applicant (holder of the Environmental Authorisation) to oversee implementation of the approved EMPr and compliance with any authorisations or licences during the construction phase of the project.