QUERIES
		For queries contact: George Regional Office A1: 044 874 2160 Cape Town Regional Office A2: 021 483 4628 Cape Town Regional Office B1: 021 483 4094 Cape Town Regional Office B2: 021 483 4094

The Environmental Impact Assessment (EIA) Regulations promulgated under the Environment Conservation Act (ECA) 1989, has been replaced by the new EIA Regulations which have been passed in terms of Chapter 5 of the National Environmental Management Act, 1998, as amended (NEMA). The repeal of the ECA EIA Regulations and its replacement with NEMA EIA Regulations came into effective from 3 July 2006. NEMA states that before certain development activities can be undertaken, an environmental impact assessment must be undertaken and Environmental Authorisation obtained. The environmental departments of the various provincial governments are responsible for evaluating applications that have been submitted in terms of the EIA regulations. Based on the findings of the EIA process, a decision in the Western Cape will be made by the Department of Environmental Affairs and Development Planning on whether the development is authorised or refused.

The National Department of Environmental Affairs and Tourism is responsible for evaluating projects of national importance (for instance projects that cross provincial or national boundaries).

The written decision previously called a Record of Decision (RoD) is now called an Environmental Authorisation. This is a legal document setting out the conditions of the authorisation and the actions required to protect human health and the environment. Any affected party may appeal against the decision contained in an Environmental Authorisation. Appeals must be lodged with the Minister who considers appeals in terms of the relevant provisions of NEMA and the environmental regulations.

		REGULATIONS
		EIA Regulations Listing Notice 1 Listing Notice 2
		APPLICATION FORMS
		Notice of Intent to Submit an Application (NEMA) Application for Authorisation (NEMA) Basic Assessment Report (NEMA) Application for Amendment of Environmental Authorisation (NEMA) Application Form for Amendment of an Environmental Authorisation
		EIA REGULATION GUIDELINES
		NEMA Environmental Impact Assessment Regulations Guidelines and Information Document Series: Guideline on Transitional Arrangements Guideline on Public Participation Guideline on Alternatives Guideline on Exemption Applications Guideline on Appeals Guideline on the Interpretation of the Listed Activities
		APPEAL FORM
		ECA Appeal Questionnaire NEMA Notice of Intention to Appeal NEMA Appeal Questionnaire
		DEPARTMENTAL GUIDELINES
		Provincial Urban Edge Guidelines Aquaculture Guidelines in the Western Cape Guidelines for Resort Developments in the Western Cape Guidelines for Golf Courses, Golf Estates, Polo Fields and Polo Estates in the Western Cape Western Cape Provincial Spatial Development Framework A Guide for Reporting and Estimating Emissions for the Integrated Pollutant and Waste Information System Guidelines for Involving Specialists in the EIA Processes
		LINKS
		DEAT DWAF Dept of Agriculture Dept of Health Cape Nature Heritage Western Cape City of Cape Town Municipalities South African Manual for Outdoor Advertising Control

PROCESS OVERVIEW

• General Matters Pertaining to Applications
• Basic Assessment
• Scoping/EIA
• Appeals
• Guidelines
• Contacts

A transitional arrangements guideline has been drafted to effect the seamless transition from the previous EIA ECA Regulations to the new NEMA EIA Regulations. Applicants are requested to familiarise themselves with these transitional arrangements. Applicants must also consult guidelines with regard to Public Participation and the consideration of Alternatives before submitting an EIA application with the Department. Applicants may also request exemption from certain provisions in the Regulations by completing the application for exemption in the Notice of Intent and Application Forms.

Development proposals/projects cannot be implemented until an Environmental Authorisation is received from the Department. The Department is not obliged to authorise any development proposal/project for which an application is submitted. The reporting of illegal activities in the province can be done on a transgression form which must be submitted to the Directorate: Strategic Environmental Management. For the reporting of Environmental Crimes and Incidents contact the 24 hour Hotline on 0800 205 005.

The NEMA EIA Regulations makes provision for two types of environmental investigations in the EIA process, being the Basic Assesment phase and the Scoping/EIA phase.

Basic Assessment must be applied to activities listed in Listing Notice 1 No. R386. For more information on the process for the Basic Assessment please see the process flow diagram. In order to process the Basic Assessment application an applicant should submit a notice of intent to submit an application at least fourteen (14) days prior to submitting the completed application form and Basic Assessment report. The application form must be completed by the applicant/environmental assessment practitioner. The application must be informed by Guidelines that have been developed by the Department. Your completed application form and Basic Assessment report must be submitted to the appropriate Directorate for consideration by the Department whereafter an environmental authorisation may/may not be issued.

Scoping/EIA must be applied to activities listed in Listing Notice 2 No. R387. The Scoping/EIA process is further outlined in the process flow diagram. An application form must be completed by the applicant/environmental assessment practitioner. The application must be informed by Guidelines that have been developed by the Department. Your completed application form must be submitted to the appropriate Directorate for consideration by the Department. After acceptance of the Scoping Report and Plan of Study for EIA, and submission of the EIA Report, the Department may/may not issue an Environmental Authorisation.

In terms of ECA EIA Regulations

You can appeal against a Record of Decision issued in terms of the previous ECA EIA Regulations by completing and submitting the ECA appeal questionnaire. The Department will assess these appeals in terms of the Environmental Conservation Act and its relevant regulations.

In terms of NEMA EIA Regulations

Appeals against an Environmental Authorisation issued in terms of the NEMA EIA Regulations will be dealt with differently. The new process requires that theapplicant/appellant fill in the notice of intention to appeal form which must be submitted to the Ministry within ten (10) days of being notified of the decision taken by the Department. The actual appeal must be submitted on the NEMA appeal questionnaire. This section should be read in conjunction with the appeal guideline.

The Department has developed a set of guidelines that applicants must take into account while compiling their application and undertaking the Basic Assessment or Scoping/EIA. The guidelines include general guidelines, process guidelines and specialist guidelines.

• Provincial Urban Edge Guidelines
• Guidelines for Resort Developments in the Western Cape
• Guidelines for Golf Courses, Golf Estates, Polo Fields and Polo Estates in the Western Cape
• Western Cape Provincial Spatial Development Framework
• A Guide for Reporting and Estimating Emissions for the Integrated Pollutant and Waste Information System
• Aquaculture Guidelines in the Western Cape

Following the publication of draft guidelines for comment in terms of the requirements of Regulation 76 of Government Notice 385 of 21 April 2006 (the Environmental Impact Assessment Regulations), the guideline on Transitional Arrangements, Public Participation, Alternatives, Exemption Applications and Appeals have been updated.

• Draft Guidelines: NEMA Environmental Impact Assessment Regulations Guidelines and Information Document Series

The Department has developed policy guidelines around specialist involvement in EIA processes. The guidelines aim to improve the quality of specialist input and facilitate informed decision-making. They clarify the roles and responsibilities of all role players with regard to specialist input in the EIA process. This will help practitioners draft appropriate terms of reference for specialist input and assist role players to evaluate the appropriateness of specialist input in individual cases:

• Guideline for Determining the Scope of Specialist Involvement in EIA Processes
• Guideline for the Review of Specialist Input into the EIA Process
• Guideline for Involving Biodiversity Specialists in EIA Processes
• Guideline for Involving Heritage Specialists in EIA Processes
• Guideline for Involving Visual and Aesthetic Specialists in EIA Processes
• Guideline for Involving Economists in EIA Processes
• Guideline for Involving Hydrogeologists in EIA Processes
• Guideline for Environmental Management Plans
• Guideline for Involving Social Assessment Specialists in EIA Processes

• George Office Region A1 (Eden and Central Karoo)
• Cape Town Office Region A2 (Breede River/Winelands, City of Cape Town: Tygerberg and Oosternberg Regions)
• Cape Town Office Region B1 (Overberg, City of Cape Town: Helderberg and South Peninsula Regions)
• Cape Town Office Region B2 (West Coast, City of Cape Town and Blaauwberg Regions)

Director: Ayub Mohamed
Deputy Director: Yakeen Atwaru

Department of Environmental Affairs and Development Planning
Directorate: Integrated Environmental Management (Region A1)
Private Bag X 6509
George
6530

Registry Office
4th Floor, York Park Building
93 York Street
George

Queries should be directed to:
Directorate: Integrated Environmental Management (Region A1)
Tel: 044 874 2160
Fax: 021 874 2423

Director: Ayub Mohamed

Department of Environmental Affairs and Development Planning
Directorate: Integrated Environmental Management (Region A2)
Private Bag X9086
Cape Town
8000

Registry Office
1st Floor Utilitas Building
1 Dorp Street
Cape Town

Queries should be directed to:
Directorate: Integrated Environmental Management (Region A2) at:
Tel.: 021 483 4628
Fax: 021 483 3633

Director: Anthony Barnes
Deputy Director: Zaahir Toefy

Department of Environmental Affairs and Development Planning
Directorate: Integrated Environmental Management (Region B1)
Private Bag X9086
Cape Town
8000

Registry Office
1st Floor Utilitas Building
1 Dorp Street
Cape Town

Queries should be directed to:
Directorate: Integrated Environmental Management (Region B) at:
Tel.: 021 483 4094
Fax: 021 483 4372

Director: Anthony Barnes
Deputy Director: Paul Hardcastle

Department of Environmental Affairs and Development Planning
Directorate: Integrated Environmental Management (Region B2)
Private Bag X9086
Cape Town
8000

Registry Office
1st Floor Utilitas Building
1 Dorp Street
Cape Town