Chamber of Mines’ presentation on the Efficacy of South Africa’s EIA REGIME

1. Chamber of Mines’ presentation on the Efficacy of South Africa’s EIA REGIME Mr N Lesufi Ms S Mudau 31 July 2013

2. Introduction • Voluntary private sector organization • Represents: • 25% of mines in RSA • 85% of employment • 90% of production • Leadership • Office bearers • Council and Principal Committees • Policy Committees and Management

3. Legislative Context • Environmental Conservation Act, Act 73 of 1989 (ECA) • provided for the determination of environmental policy to guide decision-making in 1989 • had provisions to regulate activities that may have a detrimental impact on the environment • require that environmental impact reports be prepared through its EIA regulations published in 1997 • EIA is governed by sections 23 and 24 of the National Environmental Management Act (NEMA) of 1998 and its regulations first published in 2006 and now replaced by 2010 regulations • The Principles of EIA encapsulated in the Minerals Act, 1991 had been improved under the Minerals and Petroleum Resources Development Act (MPRDA), Act 28 of 2002. • The Mining sector implement full Environmental Impact Assessment (EIA) under the auspices of MPRDA and its regulations of 2004 to achieve sustainable development

4. Legislative Context, Cont • The CoM and its members played a pivotal role in the evolution of NEMA and NEMA EIA regulations and subsequent amendments. • The CoM is participating in a project to formulate the Environmental Impact Assessment and Management Strategy for the country led by the DEA. • The CoM and its members always cooperate with the DEA in all policy developments, and where appropriate provide industry inputs

5. Strengths of the EIA System • EIA presents well established proven methods for assessment and impacts prediction • It generates better information about environmental conditions (baseline knowledge advances) • EIA injects environmental accountability into decision-making and good governance • EIA has tremendously improved environmental performance in planning and management of environmental issues hence promoting better planning and design outcome • It provides a formal public space for debates about development impacts and how best to mitigate them, thus embodies participatory approach • Has provided a means for legally challenging decisions about development challenges to how proponents or regulators interpret EIA law requirements supported by legal and regulatory frameworks

6. Key Challenges • Uncertainty and Duplication of Environmental Requirements • Delays in Decision Making • Capacity Constraints to Regulate EIAs • Lack of Strategic Approach and Sustainable Development Thinking

7. Uncertainty and Duplication of Environmental Requirements • Key issue: • Multiple EIA for mining and related activities under NEMA and MPRDA • Lack of proper guidance and uniformity in methodologies to use when predicting the impacts • Fragmented EIA system for the Mining industry • Implications: • Duplication of EIA system through MPRDA and NEMA • Conflicting decisions amongst authorities • Suspension of activities • Recommendations: • Support government effort towards integrated licensing • Streamline and harmonize the EIA system and strengthen cooperative governance amongst DEA and DMR • The integration should also be extended to the implementation of the National Water Act

8. Delays in Decision Making • Key Issues: • Long lead times for assessment and review of EIA reports • Uncoordinated information request i.e. unnecessary specialist studies • Implications: • Delays in local economic development, job creation, social upliftment • Makes the entire process costly • Recommendations: • Adoption of fair and reasonable time frames for decision making

9. Capacity Constraints to Regulate EIA • Key issue: • Inadequate skills and expertise for facilitation of the implementation of the EIA policy • Inconsistency in the interpretation of EIA listed activities across provinces • Lack of capacity for compliance monitoring and enforcement with Environmental Management Plan AND environmental authorisation. • Implications: • Potential to delay decision making • Continued environmental degradation • Recommendations: • Adequate resources and capacity in government to improve effectiveness and ensure efficiency in the EIA system • Strengthening monitoring of compliance and enforcement with EIA recommendations

10. Lack of Strategic Approach and Sustainable Thinking • Key Issues: • EIA are activity focused and do not align with SEA’s • EIA’s do not embrace the sustainable development principles • Cumulative and integrated environmental impacts as a results of concentration of mines • Recommendations: • Recognition of the SEA and SD imperatives whilst executing EIAs. • Adoption of the regional approach to environmental management wherever appropriate

11. Salient Points with regards to the Mining Industry • The concept of alternative as required in terms of the EIA regs would not be entirely applicable to the mining industry. • Closure Planning is an integral part of EIA • It is undesirable for the industry to follow a duplicatory licensing procedure thus a plea for: • A single harmonised integrated system for regulating mining and related activities. • Simultaneous amendment of both NEMA and MPRDA ( Joint Portfolio Committees meeting on these amendments to ensure proper alignment. These should also include the amendments to the National Water Act. • Ongoing engagement with the Mining Industry on these legislative changes is imperatives.