ENVIRONMENTAL
IMPACT ASSESSMENTS
An introduction to the National Environmental Management Act (NEMA) is set out in our cross-cutting section. On this page, we discuss the Environmental Impact Assessment (EIA) process, as set out in the EIA Regulations.
An EIA is a key tool used to identify and measure the direct, indirect, and cumulative impacts of activities that are considered before the environmental authorisation (EA) can be granted. An EA is required for activities included in listing notices 1, 2, and 3. The starting point is to avoid negative impacts on the environment and, where that is not possible, to mitigate such impacts. Refer to the Mitigation Hierarchy to find out more about how to do so.
An overview of the EIA Process
The Applicant (or the developer for a listed activity) must appoint an independent, registered Environmental Assessment Practitioner (EAP) to manage the Application for Environmental Authorisation on his/her behalf. All EAPs must be registered with the Environmental Assessment Practitioners Associate of South Africa (EAPASA).
The EAP will determine whether Basic Assessment or Scoping and Environmental Impact Report (S&EIR) is required or request an Exemption (see list of exemptions). Generally, routine activities with easily managed impacts on a small scale and with a short duration are subjected to a Basic Assessment while those that are more complex, or have a longer duration, require a S&EIR as the impacts need to be more carefully identified and managed. The National web-based Environmental Screening Tool has been the required starting point in the EIA process since October 2019.
| Basic Assessment |
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A Basic Assessment is the level of environmental assessment applied to activities listed in Listing notice 1 and is managed in terms of regulation 19 and 20 of the EIA Regulations. Typically, a Basic Assessment is applied to activities that are considered less likely to have significant environmental impacts and, therefore, unlikely to require a S&EIR. While a Basic Assessment Report (inclusive of specialist reports) is a more concise analysis of the environmental impacts of the proposed activity it still requires public notice 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 Basic Assessment Report must provide the Competent Authority with sufficient information to consider the Application and to reach a decision, which must be taken in 107 days of receipt. |
| Scoping and Environmental Impact Report (S&EIR) |
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S&EIR is the thorough environmental assessment required for activities contained in Listing notice 2 and is managed in terms of regulations 21 to 24 of the EIA Regulations The activities listed in Listing notice 2 are activities that due to their nature and/or extent are likely to have significant impacts that cannot be easily predicted. Listing notice 2 activities are therefore higher risk activities that potentially cause higher levels of pollution, waste and environmental degradation. The Scoping Report (including Plan of Study for EIA) requires a description of the proposed activity and any feasible and reasonable alternatives, a description of the property and the environment that may be affected and the manner in which the biological, social, economic and cultural aspects of the environment may be impacted 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. The Applicant may only proceed with the environmental impact report process after the Competent Authority has approved the Scoping Report and the Plan of Study. The S&EIR process culminates in the development and submission of the Environmental Impact Assessment Report and the Draft Environmental Management Plan to the Competent Authority. |