Environmental impact management and planning: - Norway

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