Certain projects qualify for appraisal under a basic assessment. EIA Regulations, sec. 19 & Appendix 1.
Best Practices in Lieu of EIA:
Who Conducts Screening Detail:
The project proponent's EAP is responsible for determining "whether basic assessment or S&EIR must be applied to the application" according to NEMA, the regulations, and any guidance given by the competent authority. EIA Regulations, sec. 15.
Criteria for Screening:
List or appendix of project or activity types
Criteria for Screening Detail:
See Environmental Impact Assessment Regulations, 2010: Listing Notice 1: List of activities and competent authorities identified in terms of sections 24(2) and 24D (activities for which a basic assessment process must be conducted)(Government Notice No. R. 544 of 2010); Listing Notice 2: List of activities and competent authorities identified in terms of sections 24(2) and 24D (activities for which an S&EIR process must be conducted) (Government Notice No. R. 545 of 2010); Listing Notice 3: List of activities and competent authorities identified in terms of sections 24(2), 24(5) and 24D (activities and sensitive areas per province, for which a basic assessment process must be conducted) (Government Notice No. R. 546).
Who Prepares EIA:
Project Proponent (with or without contractor)
Who Prepares EIA Detail:
The project proponent must appoint an environmental assessment practitioner (EAP) at its own cost. Specialists may also be appointed. EIA Regulations, sec. 12.
Who Pays for EIA Detail:
Although the regulations do not specify who pays for the EIA report, it is presumed to be the project proponent because they are responsible for hiring the EAP and specialists.
EIA Contractor Qualifications:
EIA Contractor Qualification Detail:
EAPs and specialists must "have expertise in conducting environmental impact assessments or undertaking specialist work as required, including knowledge of the Act, these Regulations and any guidelines that have relevance to the proposed activity." EIA Regulations, sec. 13(1)(b).
Conflict of Interest Detail:
EAPs and specialists must be independent and "perform the work relating to the application in an objective manner, even if this results in views and findings that are not favourable to the application[.]" EIA Regulations, sec. 13(1)(a), (d). They must also disclose material information in their possession that reasonably has or may have the potential to influence the decision or the objectivity of any report. Id., sec. 13(1)(f). An EAP or specialist may be disqualified if the competent authority has reason to believe the EAP or specialist has not complied with these standards and the project proponent must pay to commission additional experts to redo or finish work undertaken by the disqualified expert. Id., sec. 14.
Terms of Reference Detail:
The terms of reference is incorporated in the scoping report. The report must contain a "plan of study for undertaking the environmental impact assessment process." EIA Regulations, Appendix 2(1)(h).
Days for Decision Maker Review:
Written Decision Detail:
After the competent authority has reached a decision, it must within five days notify the applicant of its decision – and, if available, the opportunity to appeal the decision – in writing and provide reasons for the decision. EIA Regulations, sec. 4(1).
Expiry of Decision Detail:
The environmental authorization will indicate how long it is valid. Extensions may be obtained by applying for an amendment to the environmental authorization. EIA Regulations, sec. 26(d)(2).
Financial Assurances or Bond:
Financial Assurances Detail:
“An applicant for an environmental authorisation relating to prospecting, mining, exploration, production or related activities on a prospecting, mining, exploration or production area must make the prescribed financial provision for the rehabilitation, management and closure of environmental impacts, before the Minister of Minerals and Energy issues the environmental authorisation.” NEMA, sec. 24P(1). The Minister may make the financial provision applicable to other applications. NEMA, sec. 24P(7). See also NEMA, secs. 24(5)(b) and (d), 24P, and 24R