In South Africa environmental authorizations are governed by the National Environmental Management Act (NEMA) which was promulgated in 1998. The basis for environmental authorizations stems from Chapter 5 of NEMA which encompasses the need for integrated environmental management and mandates the assessment of activities that may have significant impacts on the surrounding environment.
In order to achieve integrated environmental management the Environmental Impact Assessment (EIA) Regulations and Listing Notices (GNR 983, 984 and 985 as amended) where promulgated in terms of NEMA to indicate the type of activities that need environmental authorisation and the process that needs to be followed in order to obtain environmental authorization. These include, but are not limited to, developments entailing the following:
- Generation of electricity from non-renewable sources
- Generation of electricity from renewable sources (mainly solar and wind)
- Abattoirs (Anywhere where animals are slaughtered)
- Concentration of animals (Feedlots, broiler houses, piggeries etc)
- Agri-industrial facilities
- Bulk transportation of water (Water supply pipelines)
- Bulk transportation of wastewater/effluent (Outfall sewers)
- Infrastructure for the distribution of electricity
- Dams, weirs, bridges or any infrastructure that gets placed within a watercourse.
- Storage of dangerous goods (filling stations, diesel storage, tank farms etc.)
- Clearance of vegetation (More than 300m2)
- Relocation or removal of threatened or endangered species (plants and animals)
- Petrochemical industries
- Storage or refinement of waste
South Africa’s environmental framework also comprises various types of environmental authorizations and licenses that may be required for the above-mentioned activities that include:
- Environmental Authorizations under the National Environmental Management Act, 1998
As stated above an environmental authorization is a formal approval issued by the Department of Environmental affairs for listed activities identified in the EIA Regulations. Depending on the scale of the activity one of the following types of assessments may apply:
- A Basic Assessment (BA) which is usually required for smaller impact projects that trigger activities under Listing Notice 1 and/or Listing Notice 3.
- Scoping and Environmental Impact Assessment (S&EIA) process which is usually required for larger scale impact projects that trigger activities under Listing Notice 2
- Water Use License under the National Water Act, 1998
The National Water Act (Act 36 of 1998) regulates all water uses in South Africa through the licensing of activities listed under Section 21 of the Act and most often includes activities like:
- The abstraction or storage of water (Section 21(a) and (b)
- Impeding or diverting the flow of a watercourse (Section 21(c)) and altering the bed, banks, or characteristics of a watercourse (Section 21(i)) (most often triggered by developing within 500m of a wetland)
- Disposing of waste or wastewater that may affect a water resource (Section 21(g))
Water use Licenses are authorised by the Department of Water and Sanitation (DWS) and also entails two assessment types depending on scale and severity of the impacts on the watercourse namely:
- A General Authorization (GA) which are issued under Section 39 of the National Water Act and allows certain water uses to proceed without a full license application if they fall under certain defined limits or thresholds.
- A Water Use License is required when a development exceeds the thresholds set in the General Authorization guidelines or where the impacts of the development has the potential to significantly impact the nearby water resources.
- Waste Management Licenses under the National Environmental Management; Waste Act, 2008
A Waste Management Licence is required for any activity involving the generation, storage, treatment, recycling, recovery, or disposal of waste, as prescribed in the List of Waste Management Activities (GN R.921 of 2013) and entails different assessments for different categories of waste management activities namely:
- Category A which entails waste management activities at a smaller scale and requires authorization in the form of a Basic Assessment. These activities include but are not limited to the storage of general waste exceeding 100 m³ but not more than 1 000 m³ at any one time, treatment of general waste using low-risk methods and construction of facilities for the sorting, shredding, or bailing of general waste.
- Category B applies to waste management activities that are expected to have a much larger impact on the surrounding environment and therefore requires a Scoping and Environmental Impact Assessment (S&EIA). These activities include the construction or operation of hazardous waste storage, treatment, or disposal facilities, construction of general waste disposal sites that exceed 50 tonnes of waste per day.
- Category C activities are activities that have a very low environmental risk and fall below the Category A thresholds. These activities are managed through the registration of companies under the published norms or standards, rather than through a formal licensing process.
These licences are administered by the Department of Forestry, Fisheries and the Environment (DFFE) or the relevant provincial environmental department and are aimed at ensuring compliance with the waste management hierarchy by prioritising waste avoidance, reduction, reuse and recovery over disposal.
- Atmospheric Emissions License (AEL)
An Atmospheric Emission Licence (AEL) is required for any facility conducting activities that result in the emission of pollutants into the atmosphere, as listed in Government Notice R.893 of 2013, promulgated under the National Environmental Management: Air Quality Act (Act No. 39 of 2004) and prescribes two categories of listed activities:
- Category A: Industrial processes regulated at the provincial level due to their potential for regional-scale emissions.
- Category B: Smaller-scale or municipal-level operations managed by the local air quality authority.
- Other licenses and Authorizations
The above-mentioned authorizations and licenses are just the tip of the iceberg when it comes to environmental authorizations as there are also the following licenses and permits that may be required:
- Small boiler registrations
- Threatened or Protected Species Permits
- CITES permits
- Alien invasive species permits
- Licenses to remove or destroy protected trees
- Radiation control licenses, etc.
Successfully navigating this vast space of legislative requirements can be a daunting task, however early planning and expert guidance can simplify the process immensely. At Ecosphere we aim to make compliance effortless and simple by guiding our clients through every step of the authorization process, from the design phase to the operational phase. With over ten-year experience we aim to provide our clients with tailored environmental solutions that align with current legislation, best practice and budgets.
Sources:
- Department of Environmental Affairs (DEA). National Environmental Management: Waste Act, 29 of 2008, Pretoria: Department of Environmental Affairs. 2008. Available online: https://www.gov.za/documents/national-environmental-management-waste-act
- Department of Environmental Affairs (DEA). National Environmental Management Act, 107 of 1998, Pretoria : Department of Environmental Affairs. 1998. Available online: National Environmental Management Act [No. 107 of 1998]
- Department of Environmental Affairs (DEA). National Environmental Management: Air Quality Act, 39 of 2004. Pretoria: Department of Environmental Affairs. 2004. Available online: https://www.gov.za/documents/national-environment-management-air-quality-act
- Department of Water Affairs and Forestry (DWAF). National Water Act, 36 of 1998. Pretoria: Department of Water Affairs and Forestry. 1998. Available online: National Water Act [No. 36 of 1998]