Our Constitutional imperative

Transcription

1 PARLIAMENT: PUBLIC HEARINGS EFFICACY OF SOUTH AFRICA'S ENVIRONMENTAL IMPACT ASSESSMENT (EIA) REGIME Henri Fortuin Cape Town 29July 2013 Our Constitutional imperative Section 24 of our Constitution gives everyone the right to an environment that is not harmful to their health or well-being; and to have the environment protected, for example, our water resources, for the benefit of present and future generations. 2 1

2 Our most pressing environmental issue: Water The State of Non-Revenue Water in SA (2012) 36.8% of total municipal water is lost. Reconciliation Strategy for the Western Cape Water Supply System ( 3 Our towns are mostly water-stressed.. 2

3 The need is for informed decision-making Great socio-economic needs + Limited resources + Degraded ecology = Need for responsible & informed decision-making (how best to use the limited resources for maximum socioeconomic benefit in the short- and long term) Environmental impact assessment is the most commonlyused tool of environmental management to fulfil this imperative. 5 However, perceptions of EIA are negative.. 6 3

4 Hostage to EIA process? 7 Our challenge: from red tape to red carpet? 8 4

5 Our goal: from red tape to green carpet! 9 However 5

6 We do have capacity constraints.. From the Presidential Project on Legislation that is Impeding Service Delivery Interdepartmental Legislative Review Committee, Progress Report, October 2010): At time, issues were raised that point towards human agency rather than deficiencies in the law. The human agency issue then relates to a lack of skills, unwillingness or inability to apply legislation. A substantial number of inputs ultimately pointed to deficiencies in the implementation of laws, rather than to deficiencies in the law itself. The problem thus related to human agency in the form of attitude, skills. 11 Our approach.. Pro-active support to project proponents, primarily public sector (provincial and municipal) Advice on effective planning strategically and at project level Use NEMA and EIA Regulations positively 6

7 What guides our support? Planning must further human development and environmental sustainability, must pursue and serve the interests of the public to benefit the present and future generations and planners must promote environmentally responsible planning which will ensure sustainable development. (Planning Profession Act 36 of 2002) Environmental management must place people and their needs at the forefront of its concern, and serve their physical, psychological, developmental, cultural and social interests equitably. (National Environmental Management Act 107 of 1998) 5 FEBRUARY EIA's 13 The importance of our support.. Municipal Systems Act No. 32 of 2000 Long title: to progressively build local government into an efficient, frontline development agency capable of integrating the activities of all spheres of government for the overall social & economic upliftment of communities in harmony with their local natural environment 7

8 Problematic.. lack of strategic planning No integrated planning: Spatial Development Framework (SDF), Housing Plan, and infrastructure planning often do not speak to each other. Some projects do not flow from the relevant Sector Plans (e.g. housing projects are proposed that do not feature in the bigger Housing Plan, nor are services provided for in the Services Master Plan). At project stage (environmental and planning approvals) questions are asked about strategic issues (location of urban edge, availability of services, etc.) not addressed at the planning level, and not easily addressed at the project level. Problematic.. lack of project planning Delays + conflicts + difficult and incremental decisions + waste of time and resources = poor service delivery at local government level because of, inter alia: Ad hoc projects, rather than a bigger programme being rolled out: therefore, very few combined EIA applications. Regulatory processes (water use licence, waste and air emissions licences, planning approvals) often are not integrated nor run in parallel. Failure to meet legislative requirements. Poor report writing. Poor project management. 8

9 Limit doing EIAs downstream in the project cycle EIA MEDIA CAPACITY BUILDING WORKSHOP Environmental planning upstream is better Integrated Development Plan (IDP) Disaster Management Strategy Biodiversity mapping Spatial Development Plan (SDF) Bulk Infrastructure Plan Public Participation, Authority Consultation Integrated Human Settlement Strategy 5-year Housing Pipeline Annual Built Environment Performance Plan o Specific Housing Projects (EIA) 9

10 What about contingency planning..? Planning for informality and disasters.. This requires negotiation, consultation and coordination between the various authorities and agencies. EIA MEDIA CAPACITY BUILDING WORKSHOP Rapid informal urban expansion (1) EIA MEDIA CAPACITY BUILDING WORKSHOP

11 Rapid informal urban expansion (2) EIA MEDIA CAPACITY BUILDING WORKSHOP Rapid informal urban expansion (3) EIA MEDIA CAPACITY BUILDING WORKSHOP

12 Disasters and Emergencies Monitoring, Mapping and Analysis of Disaster Incidents in South Africa (MANDISA) database has records for fire events in Cape Town from January 1995 to the end of It is estimated that the fires affected 40,000 people in informal settlements over the 10- year period in 8,554 events. 23 Khayelitsha: Barney Molokwana Section Fire on 1 January FEBRUARY EIA's 24 12

13 Barney Molokwana Section Before (January 2012): 5 FEBRUARY EIA's 25 Barney Molokwana Section After fire in January Shacks Lost & Approximately 4000 People Displaced 5 FEBRUARY EIA's 26 13

14 Integrated EIA for Temporary Relocation Area Bosasa Integrated and shortened land use (LFTE) and EIA process: 30 days Coordination: City of Cape Town, Dept of Local Government, Dept of Human Settlements, Dept. of Environmental Affairs & Development Planning, Heritage Western Cape, Department of Water Affairs, CapeNature. 27 Applying NEMA and EIA Regulations positively 28 14

15 Finding better alternatives Example Khayelitsha Water Pressure Management Installation: savings of 9 million m 3 /year with a financial saving of R 54 million/year. 29 Using spatial instruments (1) Identification of geographical areas in which specified activities may not commence without environmental authorisation, and other areas in which specified activities will be excluded from having to obtain authorisation (in terms of Sections 24(2)(b) & (c) of NEMA) 30 15

16 Using spatial instruments (2) Adopting Environmental Management Frameworks (EMFs): does not remove requirement for project level EIAs, but makes EIAs easier. It will also delineate EIA exclusion zones. 31 Development of standards In terms of Sec 24(2)(d) of NEMA, no EIA is required if there is compliance with a standard. Aquaculture Ostrich farming Poultry farming 32 16

17 Defining EIA exclusion zones Defining or adopting urban areas : EIAs for certain activities not required in urban areas Defining or adopting development setback lines (EIA Regs): EIAs for certain activities not required behind river and coastal setback lines Identification of areas for agriculture or afforestation (EIA Regs): EIAs only required in very sensitive areas or if bigger then 100ha 33 Maintenance plans for rivers and the coast Agreeing to maintenance management plans (MMP) for earth moving activities along watercourses and the coast (EIA Regulations): if work is undertaken in accordance with the MMP then an EIA is not required

18 The power of integrated processes Agreements with other authorities for integrated process in terms of Section 24K of NEMA : An integrated process that meets the minimum requirements of NEMA Section 24(4) can be followed, rather than the normal process set out in the EIA Regulations An LFTEA-NEMA agreement has already been signed in the Western Cape. We are now looking at an integrated process for SPLUMA/LUPA-NEMA. 35 Example of integrated LFTEA-NEMA process Integrated and shortened land use (LFTE) and EIA process: 30 days Coordination: City of Cape Town, Dept of Local Government, Dept of Human Settlements, Dept. of Environmental Affairs & Development Planning, Heritage Western Cape, Department of Water Affairs, CapeNature, etc

19 How do we improve municipal EIAs? (1) Ensure that the municipal SDFs, Infrastructure Master Plans & Housing Plans are integrated, & that projects flow from the bigger plans. Explore option to apply more strategically for project approvals (e.g. for next 5-10 years) (Note: split planning and EIA from the construction phase). Do more combined applications. Where possible, agree on urban areas and setback lines. Secure agreements between authorities on following an integrated process, where appropriate to do so. How do we improve municipal EIAs? (2) Use existing provisions that make life easier (e.g., deviations allowed by the EIA Regulations). Improved EIA project management. Screening: more pre-project formulation & pre-application meetings with Competent Authority (better & earlier communication). Improved communication between DEA&DP and the Municipality. Ongoing Capacity Building and Support. 19

20 Thank you Contact Us Henri Fortuin Director: Land Management Region 1 Tel: Fax: Henri.Fortuin@westerncape.gov.za 20