SEMINAR OPEN DAY TRAINING

GAUTENG: JOHANNESBURG

10 NOVEMBER 2014

Vusi Skosana

Brief History What prompted the amendments to the listing noticesSignificant changes.New definitions Listing Notice 1 Listing Notice 2 Listing Notice 3 Listing Notice 4

oECA of 08 September 1997

oECA Amendments of 10 May 2002 oNEMA 03 July 2006

oNEMA 18 June 2010

oNEMA 8 December 2014

In order to meet the continuously changing environmental conditions which happen so fast, the Department has to keep up with these ever changing scenarios through rapid policy amendments or law reform to meet these challenges. The regulations can not remain static whilst the environment is constantly changing…..

In order to prevent substantial detrimental impacts, Minister may identify activities subjected to EIA prior to commencement.

These identified activities are known or expected to have a potential substantial negative impact on the environment. Big emphasis is on the nature, location and extent the activity has on the environment

The regulations not only make provision for listed activities but go beyond that by among others, putting thresholds on activities in the listing notices to enure and enhance appropriate measures for authorisation

The need for alignment of environmental authorisations (National Environmental Management Act sections 24K and 24L)

Enforce the agreement regarding a single environmental system under NEMA where DMR will become a competent authority in terms of NEMA.

For the purpose of alignment with MPRDA processes

To introduce the 4th Listing Notice provided for (requiring basic assessment) – activities already subjected to an assessment using a spatial development tool in a specific geographical area, and to provide for reliance on pre-assessment in the basic assessment process.

• The Department of Mineral resources will be the CA in the event where a listed or specific activity is directly related to prospecting or exploration of mineral resources or extraction and primary processing of a mineral resources though certain exclusions have been provided

Contaminated

Urban areas replaced by urban edges

Development: replacing construction

The word expansion also includes : or expansion and related operation of facilities or infrastructure

The word facilities has been deleted and only infrastructure exists

Five (5) new activities added in L1 Partly due to mining permit activity moved from LN2 to LN1

o‘‘contaminated’’, means the presence in or under any land, site, buildings or structures of a substance or micro-organism above the concentration that is normally present in or under that land, which substance or micro-organism directly or indirectly affects or may affect the quality of soil or the environment adversely.

o“development” means the building, erection, construction or establishment of a facility, structure or infrastructure that is necessary for the undertaking of a listed or specified activity, including any associated post development monitoring but excludes any modification, alteration or expansion of such a facility, structure or infrastructure and excluding the redevelopment of the same facility in the same location, with the same capacity and footprint;

o“indigenous vegetation” refers to vegetation consisting of indigenous plant species occurring naturally in an area, regardless of the level of alien infestation and where the topsoil has not been lawfully disturbed on or after 01 April 1998; oWater course definition amended to include pans

oDefinition of watercourse and wetland inserted in LN2

oCertain definitions excluded, others amended or new ones included

A number of definitions included: for example Coastal activities (under coastal management) mining activities in terms of the MPRDA

As of 8 December 2014A number of activities will read as follow: The development or development and related

operations of……..

Associated infrastructure or structures included for developments and related operation listed and specified activities

The development or development and related operation of ………….including associated structures and infrastructure

Aquaculture: – Echinoderms added– LN1 & LN2 distinguish between indigenous and exotic– BAR only required for indigenous

Roads: Route determination activity excludedDevelopment activity split in to 2 and listed in LN 1 & 2 with

different thresholds Sea Related Activities:

6 weeks exclusion included Waste water treatment works

Listed activities are linked to phased activities (Ln1 and LN3)

• Vegetation clearance activities are now listed as clearance of indigenous vegetation

• Indigenous vegetation defined; clarifying exotic from indigenous• Renewal of a mining right, permit etc., is also listed and require BAR• Exclusion provided for some activities and listed activities based on adopted

maintenance plan or development setback line• Thresholds increased for certain water and sea related activities• Electricity generation activity has a distinguish provision• Structures and infrastructures for bulk transportation of water and storm water

activities have a distinguish provision• Desalination of sea water now includes any water• Waste water treatment works expansion activity includes an increased footprint • Agri-industry and hatcheries activities expansion amended to include increased

threshold (common)

• BA is required• Only if the activity is still in operation or development is still in

progress• for any activity meeting threshold of 2014 listed activity• Where entities undergo change of ownership and is holder of

multiple EAs• Exclude where authorised activities not yet commenced

• This will apply:– for any activity meeting threshold of 2014 listed activity– Where development and operation is listed only– Only if the activity is still in operation or development is still in

progress & will trigger BAR– Where decommissioning is related to waste (covered in sec 8 of

waste; contaminated land)

Listing Notice 1 (BAR)

Listing Notice 2 (EIA)

Listing Notice 3(BAR- geographic areas)

Listing Notice 4(BAR- Spatial Tools)

LN 1 (BAR): o61 activities in total.o30 (construction, transformation, planting of vegetation, infilling etc,). o30 expansion activities.o1 for phased activities.

In all the activities in LN1 as in other listing notices, the word construction has been replaced by the word Development which now covers facilities or structures, including associated structures and infrastructure

reptiles other than crocodiles

Fish, crustaceans and amphibians with a wet weight product throughput of 20 000 kg per annum.

Activity 2 : for the slaughter of animals with a product throughput of: now includes:

The threshold; 2500 square metres per breeding pair from the old regulations has been deleted/ excluded

Activity 4:

now includes: The thresholds:• more than 5000 chicks younger than 20 days per facility situated within an urban edge;

or • more than 25000 chicks younger than 20 days per facility situated outside an urban

edge.

Activity 3: for the concentration of animals for the purpose of commercial production in densities that exceed:

The development or development and related operation of facilities or infrastructure

Activity 6:

a new inclusion of Sea-based and echinoderms

Activity 9:

Thresholds increased from 50 to 100 for the following jetties exceeding 100 square metres in size; slipways exceeding 100 square metres in size; buildings exceeding 100 square metres in size; boardwalks exceeding 100 square metres in size; or infrastructure or structures with a physical footprint of 100 square metres or more; -

for aquaculture of sea-based cage culture of finfish, crustaceans, reptiles, amphibians, molluscs, echinoderms and aquatic plants

for the transmission and distribution of electricity: -

Activity 10 :

has new inclusionsin front of a development setback adopted in the prescribed mannerif no development setback has been adopted

the development of structures within existing ports or harbours that will not increase the development footprint of the port or harbour; where such development activities are related to the development of a port or harbour, in which case activity 22 in Listing Notice 2 of 2014 applies;activities listed in activity 14 in Listing Notice 2 of 2014 or activity 15 in Listing Notice 2 of 2014, in which case that activity applies; or where such development occurs in an urban edge

The development of canals, jetties, bridges, weirs etc.

Activity 15 has new inclusions:

with a development footprint the development of structures within existing ports or harbours that will not

increase the development footprint of the port or harbour; where such development is related to the development of a port or harbour, in

which case activity 22 in Listing Notice 2 of 2014 applies; the development of temporary infrastructure where such structures will be

demolished or disassembled and removed after a period not exceeding 6 weeks and where indigenous vegetation would not be cleared; or

where such development occurs in an urban edge.

for the desalination of sea water with a design capacity to produce more than 100 cubic metres of treated water per day

The transformation of land…., and physical alteration of land…., is replaced example: Activity 22

Activity 31 :

has new inclusionthe expansion of or changes to existing facilities for the treatment of effluent, wastewater or sewage where the capacity will be increased by less than 15 000 cubic metres per day

The development of facilities, including associated structures and infrastructure, for the treatment of effluent, wastewater or sewage with a daily throughput capacity of more than 2000 cubic metres

but less than 15000 cubic metres.

Development of residential, retail, commercial or institutional developments on land previously used for mining purposes……………….

Activity 27 – 30 are mining activities (new)

Activity 33

has a new inclusion:oexcluding where such development of facilities or structures for photo voltaic installations occurs in an urban edge.

The expansion of facilities or structures for the generation of electricity where

Activity 34

has a new inclusion: o reptiles other than crocodileso 20 000 kg wet weight per annum of fish, crustaceans and amphibians

The expansion or expansion and related operation of facilities for the slaughter of animals

Activity 35

has a deletion/exclusion 2500 square metres per breeding pair, where the facility will be increased by 2500

square metres or more Activity 37

now includes echinoderms

Activity 38

also includes sea-based and echinoderms

The expansion or expansion and related operation of facilities for the concentration of animals for the purpose of commercial production

The expansion or expansion and related operation of facilities, infrastructure or structures for aquaculture

The expansion or expansion and related operation of facilities, infrastructure or structures for aquaculture

Activity 39

now includes expansion and related operation and a new threshold of 2000 square meter

Activity 41 now includes:

the existing infrastructure: has an internal diameter of 0.36 metres or more; or has a peak throughput of 120 litres per second or more and

The expansion or expansion and related operation of hatcheries or facilities for agri-industria

The expansion of facilities or infrastructure for the bulk transportation of water, sewage or storm water

Activity 43:

now includes canals where the canal is expanded by 100 square metres or more in size ; channels where the channel is expanded by 100 square metres or more in size bridges where the bridge is expanded by 100 square metres or more in size; dams where the dam is expanded by 100 square metres or more in size; weirs where the weir is expanded by 100 square metres or more in size; bulk storm water outlet structures where the bulk storm water outlet structure is

expanded by 100 square metres or more in size; or marinas where the marina is expanded by 100 square metres or more in sizeAs well as:excluding—where the expansion within existing ports or harbours will not increase the development footprint of the port or harbour; activities listed in activity 44 of this Notice, in which case that activity applies; orwhere such expansion occurs in an urban edge

Activity 44 now includes: increased thresholds from 50 to 100 as well as exclusions

The expansion of:

Activity 49:

has the following deletions / exclusion facilities associated with the arrival and departure of vessels and the

handling of cargo; piers; inter- and sub-tidal structures for entrapment of sand; breakwater structures; coastal marinas; coastal harbours or ports; structures for draining parts of the sea or estuary; tunnels; or underwater channels –

And new inclusions: i.e. but excluding— the expansion of temporary infrastructure where such expansion will be

demolished or disassembled and removed after a period not exceeding 6 weeks and where indigenous vegetation would not be cleared; or

where such expansion occurs in an urban edge

The expansion of facilities

Activity 59:

has new inclusions: excluding expansion of facilities, infrastructure or structures for aquaculture

purposes; or the expansion of temporary structures where such expansion will be

demolished or disassembled and removed after a period not exceeding 6 weeks and where indigenous vegetation would not be cleared

The expansion of an island, anchored platform or any other permanent structure on or along the sea bed

LN 1 (EIA):

o28 activities in total.

o27 (construction, clearance, mining etc.) o1 expansion activity.

Activity 1:

has new inclusion: excluding where such development for photovoltaic installations occurs in an

urban edge

The development of facilities or structures, including associated structures and infrastructure, for the generation of electricity

Activity 4:

has new inclusionexcluding-

the primary processing of a petroleum resource in which case activity 22 in this Notice will apply.

The construction or construction and related operation of facilities or infrastructure, including associated structures and infrastructure, for the refining, extraction or

processing of gas, oil or petroleum products

Activity 5:

has new inclusion: the development of facilities or infrastructure for the treatment of effluent,

wastewater or sewage where such facilities have a daily throughput capacity of 2000 cubic metres or less.

for any process or activity which requires a permit or licence in terms of national or provincial legislation governing the generation or release of emissions, pollution or

effluent

Activity 7:

has new inclusion: including associated structures and infrastructure

Activity 12:

has new inclusions: echinoderms

The development of airports, runways etc.

for aquaculture

Activity 13:

has new inclusions echinoderms for aquaculture of sea-based

Activity 14:

has new inclusionsthe development of temporary structures or infrastructure where such structures will be demolished or disassembled and removed after a period not exceeding six weeks.

for aquaculture of sea-based, etc.

The development of island, anchor platforms etc.

Activity 15:

has new inclusions maintenance purposes undertaken in accordance with a maintenance

management plan.

Activity 16 – 22 are mining and water related

The clearance of an area of 20 hectares or more of indigenous vegetation, except where such clearance of indigenous vegetation is required for:

Activity 25:

has new inclusion: in front of a development setback; or if no development setback exists, within a distance of 100 metres inland

of the high-water mark of the sea or an estuary, whichever is the greater; in respect of —

facilities associated with the arrival and departure of vessels and the handling of cargo;

but excluding the development of structures within existing ports or harbours what will not increase the development footprint of the port or harbour.

Development in the sea, estuary etc.

Activity 26:

has new inclusion: the development or development and related operation of a road for

which an environmental authorisation was obtained for the route determination in terms of activity 5 in Government Notice 387 of 2006 or activity 18 in Government Notice 545 of 2010, in which case activity 21 in Listing Notice 1 of 2014 applies; or

roads within an urban edge.

Development of national roadsa road, administered by a provincial authority

Activity 27:

has new inclusions:

activities which are identified and included in Listing Notice 1 of 2014;

activities which are included in the list of waste management activities published in terms of section 19 of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) in which case the National Environmental Management: Waste Act, 2008 will apply; or

the development of facilities or infrastructure for the treatment of effluent, wastewater or sewage where such facilities have a daily throughput capacity of 2000 cubic metres or less.

Two more activities added in LN2

Commencing of an activity, which requires an atmospheric emission license

LN 3 (BAR):

o23 activities in total.

o13 (construction, clearance, mining etc.) o14 expansion activity.

o1 Phased activity

Geographical areas are amended as requested by provincial departments

10 Competent Authorities- different views and extensive arguments.

Certain Activities listed only if geographical areas have been identified

by the relevant authority.

Because Geographical areas are province specific.

The exclusion of this activity in 1 or more province does not necessarily imply that authorisation is not required in another province(s).

The word urban area replaced by urban edge

Other provinces requested that Open spaces be kept (GP, NW, MP and Limpopo)

The purpose of this Notice is to identify activities in identified geographical areas that have been subjected to a pre-assessment process using a spatial development tool and which require environmental authorisation prior to commencement as well as to identify competent authorities in terms of sections 24(2) and 24D of the Act.

Only three activities in this List:

Activity 1: Any development or development and operation, including associated structures

and infrastructure, where such development or development and operation: constitutes one or more listed or specified activity in Listing Notice 1 of 2014, Listing

Notice 2 of 2014 or Listing Notice 3 of 2014; takes place within a geographical area based on environmental attributes, and as

specified in a spatial development tool adopted in the prescribed manner; has been subjected to a pre-assessment process using a spatial development tool, of

which the output, in the form of a protocol, has been adopted in the prescribed manner; and

has not commenced.

Activity 2:

The expansion of any development or development and operation including associated structures and infrastructure, where such expansion:constitutes one or more listed or specified activity in Listing Notice 1 of 2014, Listing Notice 2 of 2014 or Listing Notice 3 of 2014;takes place within a geographical area based on environmental attributes, and as specified in spatial development tool adopted in the prescribed manner;has been subjected to a pre-assessment process using a spatial development tool, of which the output, in the form of a protocol, has been adopted in the prescribed manner; andhas not commenced.

Activity 3:

The decommissioning of any development or development and operation including associated structures and infrastructure, where such decommissioning:

constitutes one or more listed or specified activity in GNR 544, 545 and 546 ; takes place within a geographical area based on environmental attributes, and as

specified in spatial development tool adopted in the prescribed manner ; has been subjected to a pre-assessment process using a spatial development tool,

of which the output, in the form of a protocol, has been adopted in the prescribed manner; and

has not commenced.

Thank You