Environmental impact management and planning: - Norway

Environmental impact management and planning:Norwegian-South African collaborationDET KONGELIGEMILJØVERNDEPARTEMENTRoyal Ministry of the Environment

CONTENTSOverview 1Historical background 2Current programme 2Projects supported by the collaboration agreement 3Value added through the cooperation 19Conclusion 21Publication information:Contents: Department of Environmental Affairs (South Africa) and the Royal Ministry of the Environment (Norway)Design and layout: Janine Smit Editorial Serviceswww.jses.co.zaPhotographs: Danie Smit, Coenrad Agenbach, Elmari Briedenhann, Håkon Kulblik, Pieter Roos, Patty Ghillebert, Bjarte Kvinge Tvedt, Maria Schmidt, Alan Rainbow

The environment is one of the priority areas for Norway’s development assistance to South Africa. The environmentalcooperation programme between South Africa and Norway has been in operation since 1994. The goal of thisprogramme is to promote sustainable development through the protection and conservation of natural resources,safeguarding the environment from pollution and enhancing the quality of the environment.OVERVIEWIn 2001, the South African Department of EnvironmentalAffairs and Tourism (DEAT) – now known as the Departmentof Environmental Affairs (DEA) – launched an extendeddrafting process of new environmental impact assessment(EIA) regulations in terms of the National EnvironmentalManagement Act, 1998 (Act No 107 of 1998) (NEMA), andthe amendment of the relevant enabling chapter of NEMA.Norwegian donor funding was utilised for this project.The bilateral agreement has resulted in Norwegiandonor funding being provided for environmental impactmanagement (EIM) projects and related subprojectssince 2001. DEA’s Norwegian partner for the EIM part ofthe environmental cooperation programme is the RoyalMinistry of the Environment (NMoE). Annual reciprocal visitsof DEA delegations to Norway and NMoE delegations toSouth Africa commenced in 2001 in order to strengthenrelationships and build mutual institutional capacityregarding environmental impact management andplanning.The initial bilateral cooperation agreement was renewedwith the signing of the Framework Business Plan in December2005 between DEAT and the Royal Norwegian Embassyin Pretoria. This agreement, which came to an end on31 March 2010, focused on the following three themes:Theme 1: Pollution and WasteTheme 2: Environmental GovernanceTheme 3: Biodiversity and ConservationEnvironmental impact management is one of sevendiscrete projects that falls within Theme 2: EnvironmentalGovernance. The goals and objectives of this theme aresummarised in the table below.THEME 2GOALOBJECTIVESThis publication covers the environmental impact managementproject. The goal of this project is the implementationof a regulatory framework for EIM and the development ofa system of tools for environmental management.ENVIRONMENTAL GOVERNANCESouth African national, provincial and local governments are effectively implementing their mandateof environmental management in the areas of environmental planning and reporting, and thepromotion of regional cooperation in this regard.1. To ensure that robust environmental management structures are in place.2. To develop enhanced institutional capacity for the implementation of new and existing legislationwith a focus on the following:• Environmental planning and reporting• The enforcement of environmental legislation• Cooperative environmental governance• Environmental impact management• The delivery of regulatory services3. To ensure that staff skills are enhanced and well utilised by their institutions.1

HISTORICAL BACKGROUNDDuring the first five-year period of cooperation onenvironmental impact management, the focus wason preparing the legal framework. The Norwegiangovernment, in particular the NMoE, added value in termsof the following:• The original funding, since 2001, for the legal draftersof the amendments to NEMA and the drafting of EIAregulations in terms of NEMA.• Contributing to the development of EIM-relatedinformation documents and guidelines.• The capacity-building of EIM officials throughinternational exposure, case examples and practicalinteraction with authorities and developmentinstitutions.• Providing advice on linkages between planning andenvironmental legislation, particularly on linked landuse planning and strategic environmental assessment(SEA) – this culminated in the development of specificenvironmental management frameworks (EMFs).• The secondment of the NMoE’s Deputy Director-General (Mr Terje Lind) to DEAT for a two-month periodin 2003.During the period of Mr Lind’s secondment to DEAT, heprovided advice on amendments to Chapter 5 of NEMAand the drafting of new environmental impact assessmentregulations, the SEA position paper and internationalperspective, the relationship between planning andEIA legislation (tested applicability in case studies), EIAevaluations and authorisations, making provision to useother instruments for impact management, describinglisted activities and the introduction of thresholds, aswell as practical experience based on the NorwegianEIA experience and experience gathered through thecooperation.CURRENT PROGRAMMEThe first five years focused largely on legal drafting andcapacity-building. During the second five years of EIMcooperation, the focus moved to implementation,evaluating the effectiveness of the system in South Africaand building the capacity of provincial environmentalauthorities. More prominence was afforded to the EIMproject in the business plan during this second period.In 2009, a mid-term review was conducted for theenvironmental cooperation programme and thecooperation on environmental impact assessment waschosen as a case for special assessment. The reviewstated that the cooperation is fully demand-driven andbased on equal partnership.Mr Terje Lind, Deputy Director-General of the Norwegian Royal Ministry of the Environment, deliversthe keynote address at the 10 years of EIA in South Africa Conference held in November 2008.2

PROJECTS SUPPORTED BY THE COLLABORATION AGREEMENTThe collaboration between the Department ofEnvironmental Affairs and the Norwegian Royal Ministry ofthe Environment has delivered a number of subprojectsaimed at implementing a regulatory framework for EIMand developing a system of tools for environmentalmanagement. These include the following:The 2009 delegation in front of an old bread oven at the remains of a Norwegian Mission Station inthe iSimangaliso Wetland Park, KwaZulu-Natal, South Africa. From left to right: Wynand Fourie, TerjeLind, Kirsten Thyrum, Lize McCourt, Malcolm Fredericks, Danie Smit, Harald Noreik and DumisaniMthembu.• Law reform: amending NEMA and the EIA regulations.• Developing a national environmental authorisationsystem as a web-based electronic database for EIAand other environmental authorisations.• Review of the Efficiency and Effectiveness (REE) of theSouth African EIA system, which is being followed upthrough the development of the Environmental ImpactAssessment and Management Strategy for South Africa(EIAMS).• Developing a fee structure for EIA applications.• Developing a co-regulation strategy for the off-roadindustry.• Developing self-regulation mechanisms for theregistration of environmental assessment practitioners.• Developing a decision support tool in the form of anenvironmental management framework for a selectedarea along the Garden Route in the National LakesArea of the Western Cape.• The identification of environmental attributes,geographical areas and activities, as well asenvironmental attributes and geographical areas foroff-road recreational driving.• Institutional cooperation regarding environmentalimpact management and planning.3

Law reform: amending NEMA and the EIA regulationsPurpose: To develop a robust environmental impactmanagement system that caters for tools other than justenvironmental impact assessment.OverviewThe law reform programme for environmental assessmentenabled the streamlining of environmental assessmentlegislation and associated administrative procedures,which were geared towards improved environmentalimpact management. This contributed to the sustainabledevelopment of natural and cultural resources, andfacilitated the improvement of environmental quality. Thissubproject focused on ensuring that NEMA contained thenecessary enabling provisions and that effect is given toa strong and robust EIA system through amendments tothe EIA regulations.ProgressThe new EIA regulations were promulgated on21 April 2006 and came into effect on 3 July 2006 forall listed activities except mining activities, which arestill governed by the Mineral and Petroleum ResourcesDevelopment Act, 2002 (Act No 28 of 2002) (MPRDA).The preparations for the implementation of thenew regulations were completed and included thedevelopment of guidelines and templates, as well asconducting introductory training courses and informationsessions in all provinces.The draft regulations had to be published twice for publiccomment. Details such as the listing of mining andthe conflicting mandates of government departmentsrequired extensive consultation with the relevant authorities,which also caused delays in finalising the regulations.The fact that these regulations have to meet the needsof ten different autonomous authorities (the nationalDepartment of Environmental Affairs and the nine provincialdepartments responsible for environmental managementin each province), all with their own priorities and needs,complicated the drafting process tremendously, becauseconsensus had to be reached on a lot of issues where therewere differences of opinion.As the EIA regulations are administered by the DEA andthe nine provincial environmental authorities, it is essentialthat new legislation and associated activities continue tobe developed as a joint venture between the DEA andthe provinces. Close technical cooperation with all theprovinces and enhanced cooperation with relevant nationaldepartments were achieved during the drafting process.BenefitsThe ultimate aim is to have a robust EIM system in SouthAfrica that also caters for other tools to be used to achieveintegrated environmental management. The latest NEMAAmendment Act provides for such an approach, whichwill now have to be elaborated upon and implemented. Amore focused approach on those development activitiesthat require EIAs should also lead to the EIA adding muchmore value to decision-making and proper environmentalmanagement. The development of other tools such asnorms and standards for certain other developmentactivities will ensure that the best method of achievingproper environmental management is used.Possible further workFurther amendments have been made to NEMA. This cameinto effect on 1 May 2009. This Amendment Act contains anumber of new provisions, including provisions for integratedenvironmental authorisations, and a number of provisionsspecifically incorporated from the MPRDA to cater for miningactivities. The development of an integrated permittingsystem that can combine EIA authorisations, waste permitsand air quality permits is a high priority.4

Two EIA success storiesThere are a number of cases where EIAs have ledto good decisions and benefited environmentalsustainability. Two examples during this period werethe proposed extension of the Cape Town harbourterminal into the sea and the EIA for the N2 Tsitsikammaroad on the Garden Route.Extension of Cape Town harbour container terminalThe Port Authority needed several hectares of additionalspace in the harbour to stack and store containers.They preferred reclamation by infilling a large areaadjacent to an existing pier. The EIA indicated a hugerisk of coastal erosion to beaches further north, as wellas severe concerns about the sources of the materialand transport congestion. After further investigation,alternative smaller sites were found in the existinggreater harbour area.EIA for the N2 Tsitsikamma roadFor many years, the N2 through the sensitiveTsitsikamma Forest was a narrow and unsafe roadbecause of the need to preserve the forest. Thissituation could not be tolerated any longer dueto traffic and road safety demands. The proposalwas to widen the road, but this would lead to thedestruction of at least one of two massive Outeniquayellowwood trees of more than 600 years old. Afterfurther investigation, it was decided to design a slightdeviation that would stretch over seven kilometres,which would benefit the big trees. Both trees could besaved and the road pavement was designed to beelevated over the roots of both gigantic trees so asnot to disturb the roots.5

Developing a national environmental authorisation system as a web-basedelectronic database for EIA and other environmental authorisationsPurpose: To provide a system that indicates the status ofindividual EIA applications and information for strategicmanagement decisions.OverviewThe National Environmental Authorisation System (NEAS)is a web-based electronic database that has beendeveloped to assist the South African governmentauthorities to capture, track and report EIA applications. Itis an integrated environmental management tool aimedat providing an environmental reporting mechanismat national and provincial level through the use ofcentralised information. The system has been designedto also handle waste and air pollution, as well as all othertypes of environmental authorisations.The main aims of the system are to:• improve the processing of EIA applications;• track and report on the status of an application;• have database storage;• identify bottlenecks in the process;• generate reports and statistics on applications;• be a decision support system;• provide information for strategic managementdecisions;• integrate with other environmental systems; and• be flexible and adaptable to the changes inlegislation.ProgressNEAS has been fully developed and rolled out at all nineprovincial environmental authorities and the nationalDepartment of Environmental Affairs. The DEA is also providingassistance to provinces in terms of human resource capacityto capture the backlog of EIA applications on the system. Thedepartment is providing training to all users of the system.BenefitsNEAS provides benefits to all the relevant stakeholders interms of its ability to provide readily available backgroundand historical information on a particular project or EIAapplication. The system also provides the current status ofthe application, together with the responsible official at everystage. In order to improve the processing of applications,NEAS is a process-driven system with time frames for everystage, as stipulated in the EIA regulations. For example,if a decision for an application is delayed by an officialusing the system, NEAS will send a notification indicatingthe delay in the process. Officials can record the numberof applications awaiting their response. Most importantly,the system is developed in such a way that the time framesand dates on which the application was received by thecompetent authority and the decision taken cannot betampered with. The NEAS database can also be exportedto a geographical information system (GIS) format to bedisplayed in map layers. This is currently being done.Possible further workNEAS Phase III entails the development of a public portalso that the general public can have access to the EIAapplications submitted to the environmental authorities.This will enable environmental assessment practitionersto track the status of their applications and informpotential developers of the project’s progress. The NEASdatabase can be exported to an ArcView reader GISapplication to display visual information in this regard.Additional environmental reports will be incorporatedinto the system to cater for the differing reporting needsof all the users.6

Review of the Efficiency and Effectiveness (REE) of the South AfricanEIA systemPurpose: To review the successes and failures of EIA as a toolfor impact management and to identify alternative tools.OverviewThe new EIA regulations of 2006 (promulgated in termsof NEMA) were implemented on 3 July 2006. Given theexperience of almost 10 years of regulating EIA in SouthAfrica, the DEA decided to embark on a process to reviewthe efficiency and effectiveness of the EIA as a tool forenvironmental impact management in South Africa.The study had the following aims:• Review the efficiency and effectiveness of the EIAprocess as a tool for managing environmental impactsin terms of the NEMA EIA regulations.• Provide a retrospective view on the performance of EIAas a tool for EIM by considering:- Whether the EIA process achieves the intended goal.- Where goals were met, what were the critical successfactors and how can these be optimised.- Where goals were not met, what were the reasons forthis and how can it be rectified.- Whether the EIA, in terms of specific listed activities, isthe most appropriate tool for impact managementand, where it is not, to identify alternative tools.- To what extent the EIA tool contributed to meet thenational objectives and how effective and efficient it isin promoting benefits for the users (applicants, businessand industry, non-governmental organisations, thepublic and authorities on national, provincial andmunicipal level).- The identification of key constraints and opportunitiesof the current EIA system and ways to improve thesystem.- Where EIA may be falling short in adding value tothe decision-making process.ProgressThe study followed a phased approach, which comprisedtwo main parallel parts:• Investigating the effectiveness and efficiency of EIAs byreviewing historic EIA processes against set criteria andcomparing these to other processes.• Assessing the views of stakeholders involved in the EIAprocess.The study is completed and its outcomes have been madeavailable in a final closing report for the project. The outcomeshighlighted several problems and issues of concern, and anumber of recommendations have been made to addressthese. This process was followed by the 10 years of EIA inSouth Africa Conference in November 2008, where theexperience of the previous 10 years and the findings of thisreport were critically examined, and decisions were madeon the way forward.BenefitsIt was accordingly agreed by all stakeholders that they wouldparticipate in the formulation of the National EnvironmentalImpact Assessment and Management Strategy (EIAMS). Thestakeholders also agreed on the process to be followed,the structures to be put in place, and the themes to beaddressed in the strategy. The findings of the REE form amajor part of this process.Possible further workThe REE has been concluded, but, as indicated above,it has been followed up by the EIAMS and there is scopefor international participation in this process. One of thestructures in this process is an advisory group, consisting ofinternational and local experts, who will provide commentsand advice on documents and deliverables. Mr Terje Lind,Deputy Director-General of the NMoE, has been selectedto serve on this body. There is a need in this process for thefunding of specialist reports, workshops and the publicationof documentation.7

Developing the Environmental Impact Assessment and ManagementStrategy for South Africa (EIAMS)Purpose: To develop a strategy to manage environmentalimpacts through a variety of tools.OverviewThe outcomes of the Review of the Efficiency and Effectiveness(REE) of the South African EIA system are being considered ina strategy and action plan that will provide for an improvedway forward for environmental impact assessment andmanagement. This will be done by identifying, developing,improving and implementing different tools and mechanismsfor impact assessment, mitigation, management andgovernance. It will also focus on matters related to publicparticipation and transformation.EIA, and this is not always the best or most applicable wayfor judging or deciding on projects. It is time-consumingand expensive, and is currently prescribed for all activities,even though the impacts may be well known in somecases. The strategy will identify and develop moreappropriate tools for specific activities to be more timeandcost-effective, as it will rationalise the use of the EIA byintroducing alternative or complementary tools for impactassessment and management.Possible further workThe development of this strategy is a three-year project,and there is a need for several specialist studies andworkshops (even at national level), as well as a nationalconference. The department does not have enoughmoney to meet all these needs.ProgressThe results of the REE were presented at the 10 Years of EIAin South Africa Conference and it was agreed that it shouldbe incorporated in the EIAMS for South Africa. This will be aninclusive participatory process. In order to ensure broad buyinand participation, the following representative structureshave been established: an advisory group, a referencegroup, a steering committee, a project coordinator, taskteam coordinators and theme task teams. The three mainfocus areas will be governance and administration, capacity,skills and transformation, and impacts and instruments.BenefitsAt the moment, the only regulatory tool prescribed bylegislation for impact management in South Africa is theEnvironmental impact assessment and management in action on the edge of the Swartvlei Lake,Sedgefield, Western Cape, South Africa.8

Developing a fee structure for EIA applicationsPurpose: To generate an income to improve the capacityin all 10 competent authorities.OverviewSection 24(5) of NEMA, as amended, stipulates that:“The Minister, and every MEC, with the concurrenceof the Minister, may make regulations consistent withsubsection (4):(c) prescribing fees to be paid for:(i) the consideration and processing of applicationsfor environmental authorisations; and(ii) the review of documents, processes and proceduresby specialists on behalf of the competent authority.”To date, no such fees have been prescribed, althoughprovision has been made for the possibility of chargingfees in the EIA regulations of 2006.In order to avoid confusion, duplication and inconsistencies,the DEA and the nine provincial environmental departmentshave combined efforts in the investigation into anddevelopment of a fee structure for applications in terms ofNEMA and the NEMA EIA regulations.ProgressA service provider has been appointed and a draftstructure has been developed. Various models have beeninvestigated. It has been recommended to start off with aTerje Lind, Knut Grønntun and a cultural guide from South African National Parks, during the 2008visit to Mapungubwe Hill, one of South Africa’s World Heritage Sites on which several EIA applicationshave been received.flat rate of R1 000 per application for a basic assessmentand R10 000 for a scoping and EIA application.BenefitsCharging a fee for a permit or authorisation from an authorityis not new. It has just not yet been applied in this field for avariety of reasons. The money will be pooled and ploughedback to be used for capacity enhancement and to assistcommunities with projects for which they do not have funds.Possible further workThe flat rate is seen as the first phase and a moresophisticated system can be implemented later to providefor sliding scales linked to the cost of a project and thepotential negative impact it might have. This will require alot of further detailed work. The implications of fees for theintegrated environmental authorisation system also needto be investigated.9

Developing a co-regulation strategy for the off-road industryPurpose: To minimise the environmental impact of off-roaddriving and increase socio-economic benefits, includingthose of local communities.OverviewIn his budget speech in 2005, the previous Minister ofEnvironmental Affairs and Tourism expressed concernabout the use of 4 x 4 vehicles and requested the 4 x 4industry to work towards a system of self-regulation orco-regulation to avoid a total ban like the “beach ban”,which prohibited recreational off-road driving on beaches.The industry agreed to work towards a system to prohibitrecreational off-road driving in sensitive areas, except on aregistered trail by a licensed driver in a permitted vehicle.The DEA provided funding for the development of aco-regulation mechanism for the industry, based on abusiness plan and on condition that the National Off-roadWorkgroup (NOW) established itself as a legal entity. A taskteam, consisting of representatives from some provincesand the DEA, was established to assist the industry in takingthis process forward. The DEA has also commenced witha project to identify sensitive areas where recreationaloff-road driving should be regulated. The necessary linkshave been established between the projects.The strategy has the following five key objectives:• Minimise environmental impacts and ensureenvironmental sustainability.• Stimulate off-road tourism.• Increase the socio-economic benefits generatedby off-road activity, including the upliftment ofcommunities impacted by the sector.• Create appropriate linkages between and in the sectorand government.• Achieve the strategy through co-regulation in anappropriate legal framework.The key elements of the strategy are summarised asfollows:• Identification of sensitive areas by the DEA and theprovinces (in separate processes).• Development of environmental norms and standards.• Establishment of the regulatory function of therepresentative body.• Environmental compliance and registration of all trailsand tracks.• Compulsory driver competency certificate (based onofficially accredited training courses) or the use of aregistered off-road guide for access to sensitive areas.• The significant promotion of off-road tourist guidedevelopment and all off-road tourist guides to betrained and registered with the DEA.• Community socio-economic benefit strategies by thesubsector.ProgressNOW has established itself as a legal entity (a Section 21company) and a business plan has been provided. Thefunding was used to produce a strategy towards the coregulationof the off-road industry in South Africa thatwould prohibit recreational off-road driving in sensitiveareas, except on a registered trail by a licensed driver in apermitted vehicle. The final strategy and implementationplan was submitted to the Minister and was formally signedby both parties in Cape Town on 16 March 2009.BenefitsThis initiative is perceived as a pioneering study for theuse of co-regulation in environmental management.The NOW project benefited a multimillion rand industry,ranging from vehicle manufacturers to guides, hospitality,tourism and catering services. It will also contribute tothe empowerment of rural communities through tourism,guiding, hospitality and associated job opportunities. Themain aim is to protect biodiversity andsensitive ecosystems from damage as aresult of indiscriminate off-road driving.Possible further workThe biggest constraint to the projectis interim funding. The business planforesees that NOW will be completelyself-funding, but for that to happen,personnel and structures have to beset up to plan and promote the system.Once these structures are in placeand operational, no further money willbe needed from the authorities. Thisproject is promoted as a pilot on selfandco-regulation, and once in place,the model will also be used by othersectors.10

Off-road driving: the Norwegian experienceOff-road driving in Norway has increased remarkably and there has been a large gap betweenlaw intentions and reality. Thus, a revision of the act on off-road driving was initiated in 2007 by theDirectorate for Nature Management. The aim of the revision was to reduce the amount of motoriseddriving on uncultivated land and along water courses, and consequently to protect the naturalenvironment and the possibilities to experience peace and silence in nature.The challenge has been to find the right balance between protection and use. The conclusion wasmade that motor traffic should be permitted where the benefits for society outweigh the costs anddisadvantages (such as damage to the environment, and lack of peace and silence). This meansapproval for useful purposes and for the transportation of goods and equipment, and disapprovalfor recreational purposes and for the general transportation of people. For the recreational use ofsnowmobiles, cost is considered to far outweigh the benefits.A proposal was submitted to the Ministry of the Environment in March 2008. This included thefollowing:Strengthening the role of local authorities (municipalities):- authority to give permission and exemptions;- obligation to develop motor traffic plans; and- obligation to establish systems for publicly available transport on snow-covered land.Permission may be given for:- the transportation of goods and equipment as part of commercial agriculture; and- motor cross grounds – the municipality may establish transportation for the permanentlydisabled.Continue a restrictive policy for:- landing helicopters/sea planes and driving on open lakes and rivers;- driving on land not covered by snow (tighten up in parts of the country); and- recreational driving with snowmobiles (tighten up in parts of the country).The policy on off-road driving is very controversial and the revised act is still under consideration by theMinistry of the Environment.12

of 2009 contain an indication that any reference to anEAP in the regulations will be deemed to be a referenceto a registered EAP from a date to be determined by theMinister by notice in the Government Gazette. This providesfor the future compulsory registration of EAPs and thedevelopment of an EAP qualification (National Certificatefor Environmental Assessment Practice in South Africa). Thequalification for environmental assessment practice wasregistered with the South African Qualifications Authority(SAQA) in November 2009. Industry will present a draftproposal to the Minister in 2010.BenefitsInformal discussions in Oslo by participants from both countries during the 2007 visit.Developing self-regulation mechanisms for the registration ofenvironmental assessment practitionersThe fact that the environmental assessment professionhas no single qualification that serves as a commondenominator makes the regulation of the industry verydifficult. Government officials responsible for environmentalassessment will be required to meet the same criteriaas that of EIA consultants, which means the work doneby reviewers must also be taken into account duringthe process. The professional registration of practitionersand officials will go a long way to establishing a moreprofessional industry and better quality of work.Purpose: To ensure adequate qualifications andexperience, as well as a uniform and high standard for allwork produced by environmental assessment practitioners(EAP’s).OverviewThe previous Minister of Environmental Affairs and Tourismexpressed concern about the quality of work presentedby EAPs. At a meeting with representatives from the EIAprofession on 18 March 2005, he appointed the InterimCertification Board for EAPs to “initiate a systematic andinclusive process, which would deliver on the identifiedneeds and legal requirements for the establishment of aregistration authority for EAPs in South Africa”.ProgressSection 24H of NEMA has been drafted to provide for aregistration authority for EAPs. The amended EIA regulations13Possible further workA board will be appointed for the EnvironmentalAssessment Practitioners Association of South Africa(EAPASA). This board will finalise and submit the proposalfor the registration authority to the Minister, who will inturn recognise the EAPASA as a registration authority, andthe relevant legal mechanisms will be put in place in aphased approach. As with the establishment of NOW,interim finance is a limiting factor for this industry.

Developing a decision support tool in the form of an environmentalmanagement framework for a selected area along the Garden Routein the National Lakes Area of the Western CapePurpose: To avoid EIA applications becoming a bottleneckin areas with serious development pressure by developingnew decision support tools.OverviewSection 24(3) of NEMA provides for the Minister to compileinformation and maps that specify the attributes of theenvironment, in particular geographical areas, includingthe sensitivity, extent, interrelationships and significanceof such attributes that must be taken into account byevery competent authority. The NEMA EIA regulationsmake provision under regulations 69–72 for the Ministerto initiate the compilation of information and maps for aparticular geographical area referred to in section 24(3)of NEMA, as mentioned above. This information assists indecision-making and is generally available for the benefitof authorities and developers to enable faster proceduresand better decisions.An environmental management framework (EMF) was donefor a selected geographical area in the Western Capebetween the Kaaimans River in the west and Noetzie in theeast, from the shoreline in the south to the mountainousarea and state forests in the north. This is a part of theGarden Route and includes parts of the George and Knysnamunicipalities, as well as the towns of Wilderness, Sedgefieldand Knysna. The geographical area includes the recentlyproclaimed Garden Route National Park with all the lakesmanaged by South African National Parks and the provincialnature conservation component. This area is well known forits scenic beauty, environmental sensitivity and significance.Due to the unique combination of environmental attributes14

and their interrelationships that determine the sense of placeof the geographical area, the specific geographical area isunder serious developmental pressure.ProgressThe final EMF was completed and prepared for gazettingin March 2010 and subsequent implementation. Thefollowing deliverables have been provided during thecourse of this subproject:• A written environmental status quo report.• Maps of the geographical area to support the findingsin the status quo report.• GIS spatial information compatible with thedepartmental system to support the findings in thestatus quo report.• A written report on the desired state of theenvironment.• Maps of the geographical area to support the findingsin the desired state of the environment report.• GIS spatial information compatible with thedepartmental system to support the findings in thedesired state of the environment report.• Proposed environmental control zones.• Proposed environmental sensitivity zones: analysis andmaps.• Recommendations and a proposed action plan.• An EMF strategic management plan linked to theprovincial and national guidelines and best practicedocuments available.• A layer of authority responsibilities.BenefitsThis EMF creates a framework of environmental sensitivitiesacross the geographical area that integrates and takesnote of planning frameworks, environmentally sensitiveareas, land ownership, and current and future conservationand developmental needs. This will guide the relevantauthorities’ decisions on development applicationsin the geographical area, which will promote properenvironmental management. Even when this EMF was stillat draft stage, its value had already been proven throughapplications in George, where this information was usedto enhance decision-making.Possible further workEMFs are expensive due to the large amount of informationcompiled in the process, but once that has been done,they can easily be updated. The Garden Route EMF can,for example, be extended to include the areas up toPlettenberg Bay, as well as other magisterial districts inGeorge and Knysna, that were excluded from the currentEMF. There is a big need for EMFs in other parts of thecountry and a shortage of money to fund them.The integration of EIAs and SEAs in land use planning: the Norwegian experienceProvisions on environmental impact assessments have been implemented in the Planning and Building Act since 2004. This ensures that the EIA is fullyintegrated in the planning process. Normally one joint document is produced. One objective of this integration is to make sure that the EIA or SEAbecomes a vital part of the decision-making process. Another aspect of the Norwegian integration of EIAs in the planning process is the decentralisationof responsibilities to the municipalities. In most cases the municipalities are now the competent authorities for the EIAs. The role of the NMoE in EIA andSEA is to develop the legal framework, produce guidance and decide cases that are in conflict with vital provincial or national interests.15

The identification of environmental attributes, geographical areas and activities, as well asenvironmental attributes and geographical areas for off-road recreational drivingPurpose: To simplify procedures and safeguard sensitiveareas by identifying environmental attributes, areas andactivities.OverviewSection 24(2)(b) of NEMA makes provision for theidentification of sensitive geographical areas in whichspecified activities would require an environmentalauthorisation in terms of the EIA regulations. Theidentification of such areas has to be based on theenvironmental attributes of the area, which means thatdifferent types of geographical areas, based on differentcombinations of environmental attributes, were identified.This concept creates a matrix of identified geographicalareas based on environmental attributes that are linked tospecified activities.ProgressThe project was initiated in 2008 with the followingobjectives:• Identify sensitive environmental attributes (examples ofattributes that were used to identify the geographicalareas, including threatened ecosystems, indigenousforests, important topographical features, worldheritage sites, national and provincial parks andreserves, and important wetlands).• Identify sensitive areas based on these attributes(17 geographical areas with a unique set of specifiedactivities were identified).• Identify activities additional to the existing NEMA EIAregulations: activities that require environmentalauthorisation in the identified sensitive areas, suchas the construction of billboards, masts, tourismfacilities, roads and tracks, and aquaculture facilities(these activities vary according to the specific uniquecharacteristics of each area, such as a uniquetopographical feature).The project was concluded in 2009. The end productand methodology are used in a similar process to identifysensitive geographical areas and activities at provinciallevel.BenefitsThe project will ensure that sensitive geographical areasare identified, resulting in a proactive approach to impactmanagement, the identification of development activities16that may have a significant detrimental environmentalimpact in sensitive geographical areas and a reductionof the current number of listed activities that requireenvironmental authorisation in areas that can be regardedas non-sensitive to a particular activity.Possible further workThe geographical areas identified in Listing Notice 3 shouldbe captured in a GIS format for easy access by potentialapplicants to:• determine whether their proposed activity requires anenvironmental authorisation;• see why the particular area was declared a sensitivegeographical area; and• determine what other plans, such as conservationplans, EMFs and policies, are applicable to the specificarea and must be considered in the application.

Spatial data – a basis for nature management in sensitive andprotected areas: the Norwegian experienceDuring the reciprocal visits, presentations were made of two of the Directorate for Nature Management’s spatialdata systems. Spatial data is a basis for the management of resources at local, provincial and national levels andprovides important and necessary input to the planning processes. Data on state-of-the-art trends is also basic inestablishing and revising environmental policy.The nature database is an expert data system designed for nature management. It contains geographic informationon a wide range of topics, including protected areas, biodiversity (important habitats, migration routes and feedingareas), publicly owned recreation areas and important cultural landscapes. It is based on a central database withlocal map modules and is used in connection with ArcView as a GIS tool. Regional environmental authorities haveaccess to and update the base.The nature database is user-friendly with access to the Internet and has become a widely used tool.Areas without major infrastructure development in Norway (INON) is another database, showing land areas locatedone kilometre or more (in a straight line) from major infrastructure developments. The database is updated everyfive years, thus monitoring the state of wilderness-like areas in Norway. It also shows the sectors responsible for eachparticular loss of such areas. The main idea behind INON mapping is to strengthen the basis for decision-making bymunicipalities, regional administrations and state level management. Additionally, the mapping should contributeto increased knowledge about the land use situation, make responsible those productive sectors that carry out thedevelopments and produce the basis for environmental revision in the same productive sectors.17

Institutional cooperation regarding environmental impactmanagement and planningPurpose: To provide a forum for regulators on EnvironmentalImpact Management and Planning (EIM&P) to exchangeexperiences and report on the progress of current donorfundedprojects.the various regulators of EIM in the two countries to discussnew ideas, developments, techniques and procedures. Italso served as a platform to report back on the progress ofdonor-funded projects. Furthermore, the forum allowed forthe development of future programmes and plans relatingto the cooperation agreement.OverviewOver the past nine years, annual reciprocal official visits havetaken place between officials from the DEA and the NMoE.This interaction has provided considerable input into the DEA’senvironmental impact management law reform processesand the development of environmental managementsystems and tools.The meetings allowed for capacity-building initiatives interms of exposure to current and proposed future EIM&Pinitiatives underway in Norway. Furthermore, the meetingsand study tours created a platform for the exchange ofinformation relating to macro- and micro-environmentalimpact management, as well as an opportunity to debateinternational trends and standards regarding EIM&P.These meetings and capacity-building study tours are anintegral part of the existing cooperation agreement betweenthe DEA and the NMoE. Valuable contributions have beenmade to the implementation of the regulatory frameworkfor EIM and the development of systems and tools for EIM inSouth Africa.The bilateral interaction has, in recent years, also beenextended to include the nine provinces, which also benefitedfrom the study tours. These meetings served as a forum forThe 2009 delegation in the red dune area in iSimangaliso Wetland Park, one of South Africa’ssensitive environments. From left to right: Wynand Fourie, Lize McCourt, Bronwyn James,Mike Bouwer, Malcolm Fredericks, Harald Noreik, Kirsten Thyrum, Terje Lind and Danie Smit.18

VALUE ADDED THROUGH THE COOPERATIONApart from the projects already described, the value addedby the cooperation agreement can be summarised asfollows:Value to South Africa• The donor funding was utilised for projects suchas amending NEMA and developing the newEIA regulations in terms of NEMA, subsequentlycapacitating the DEA and the nine environmentalprovincial departments to fully implement andenforce these regulations.• Valuable advice was provided on listed activities andthresholds for the EIA regulations, as well as internationalbest practice and integrated environmental planning.• Case examples were checked for practical problemsand compared to Norwegian EIA legislation andexamples.• Comparisons were made of the appeal provisions ofboth countries, as well as the provisions for exemptionsfrom aspects of the legislation. Staff members werealso exposed to the management of development insensitive and protected areas.• The United Nations Economic Commission for Europe(UNECE) Protocol on SEA could be compared withSouth Africa’s SEA guideline (the Coega IndustrialDevelopment Zone was used as a case example).• Capacity-building of a number of officials from all nineprovinces in South Africa.• Advice on possible participation in internationalenvironmental agreements.• Exposure to the challenges of alternative energysources, especially wind energy.Value to Norway• Exposure to working in different institutional and societalsettings.• Exposure to long-term bilateral institutional cooperation,addressing the developmental challenges in adeveloping country with regard to:- developing and operating EIM at departmentallevel;- capacity-building and issues dealt with at provinciallevel; and- the development of a number of subprojects relatedto the EIM strategy, such as the management ofprotected areas and heritage sites, managementchallenges around mineral resource exploitation andthe management of sensitive and protected areas,the proposed co-regulation system and public-privatepartnerships in the management of off-road activities,monitoring issues, including the environmentalauthorisation system (NEAS), the proposed selfregulationsystem for environmental assessmentpractitioners, and the development of EMFs, which is aneffective tool for integrated environmental planning.The 2007 delegation visited the Open Cycle Gas Turbine for electricity generation in Atlantis,Western Cape, South Africa.19

Case study: Wind farming inNorwayThe national objective for energy supply includes anincrease of renewable energy and energy-savingmeasures of 30 TWh in 2016 compared to 2001. Windfarming is to be an important part of the increasedrenewable energy.More than 100 wind farms are in a planning stage inthis country. These are large constructions with possiblesignificant impacts. For this reason, EIAs are required forall wind farms exceeding 10 MW installed effect. Windfarms exceeding 5 MW must be considered before alicence can be granted.A number of instruments have been developed toensure that wind farms are situated in places withacceptable conflict with other interests:• Thematic conflict assessments.• National guidelines on the planning of wind farmsproduced jointly by the NMoE and the Ministry ofPetroleum and Energy.• Provincial plans providing guidelines for suitableareas for wind farming; details for suitable locationsare further elaborated in the licensing process.• Licensing in accordance with the Energy Act,including EIAs for projects exceeding thresholds.Two South African delegations, including representativesat provincial level, visited Norway’s largest wind farm atSmøla in 2007 and 2008.20

CONCLUSIONSouth Africa has benefited tremendously from thiscooperation. The transparent and consultative processesthat were followed in the drafting of the amendmentsto NEMA, and the drafting of the 2006 EIA regulations,as well as the subsequent amendments, were veryexpensive processes, for which no provision had beenmade in the budget at the time. The original fundingof this law reform programme made it possible for theDEA to follow a thorough consultative process. The factthat there are 10 equal partners that are responsible forthese regulations contribute to the complexity of thetask, because the circumstances differ a lot between thedifferent provinces.Because of its historical isolation, South Africa had noprior exposure to international trends and best practice,and relied only on internal experience in the drafting of itslegislation. The interaction with the NMoE provided valuableinputs and perspectives, and acted as a sounding boardin this process.Valuable guidelines and information brochures wereproduced and printed during this period. The funding wasused for the production of some of these documents. Aseries of 24 information documents and four guidelinedocuments were produced during this period. Thesedocuments are widely used by all sectors involved inenvironmental impact management, from the authoritiesto developers and consultants, non-governmentalorganisations (NGOs) and communities, as well asacademic institutions for the training of students.The NMoE was exposed to the developmental challengesof South Africa and was involved in the evaluation ofmajor infrastructure development projects like the BergWater Dam near Franschhoek, the Coega deep waterharbour, power stations, major roads and pipelines, aninternational airport, several golf estates, as well as resortsin sensitive and protected areas.The DEA and the provinces were exposed to themanagement of sustainable agriculture and tourism ininternationally protected areas, aquaculture projects andpetroleum exploitation, as well as the establishment ofwind energy installations in sensitive environments. TheDEA was also exposed to development at local authoritylevel, including water management, refuse management,planning and tourism development challenges in sensitiveenvironments, the introduction of a new light rail commutersystem and major transport infrastructure projects.This interaction between a first world and developingcountry created a unique opportunity for officials fromboth countries to be exposed to the differences andsimilarities of EIM challenges in different parts of the world.The two countries learned from each other and benefitedfrom one another’s experience and unique situations.For South Africa, in particular, the monetary benefit wascrucially important, and the capacity was direly needed.Topics for possible further cooperation could include thefollowing:• The development of further tools for EIM as part of theEnvironmental Impact Assessment and ManagementStrategy.• Financing specialist studies, workshops and a nationalconference as part of the development of this strategy,and assistance in the implementation of this strategy.• The further development of co-regulation systems toreduce the burden on authorities and to move awayfrom the “command-and-control” scenario to selfregulationfor selected sectors.• The further development and refinement of a feestructure for different authorisations to implementthe “user-pays principle” and to enable authorities todeliver better services through the retention of thesefunds.• The development of an integrated environmentalauthorisation system that can combine EIAauthorisations, waste permits and air quality permits.• Assistance to participate in international agreementsand assist South Africa to play a leading role inthis regard in the Southern African DevelopmentCommunity (SADC) context.Acknowledgement and thanksThe South African Department ofEnvironmental Affairs would like to expressits sincere thanks, also on behalf of itsprovincial counterparts, to the Norwegiangovernment and, in particular, the staff of theNorwegian Ministry of the Environment, forthe support provided during these 10 years ofcooperation. It came at a time when it wasreally needed, and the DEA has made verygood use of it to improve its EIM legislation,regulations, resource materials and capacity.It enabled the DEA to develop and implementsystems and structures that have wide-rangingbenefits for this department, its provincialcolleagues, and the country as a whole.Some of these have been elaborated on inthis publication. Officials of the DEA were alsoexposed to the international arena and lookforward to being able to participate in thatarena, given its unique position in the SADCcontext.21

Department of Environmental Affairswww.environment.gov.zaPrivate Bag X447, Pretoria 0001Royal Ministry of the Environmentwww.regjeringen.no/en/dep/md.htmlPO Box 8013 Dep, 0030 Oslo