Environmental Impact Assessments ("EIA") have been regulated for the last 12 years in South Africa, initially through the Environment Conservation Act 1989, and since 2006 through the National Environmental Management Act 1998 ("NEMA"). The former applied the standard of "substantial detrimental effect" to the environment in determining whether an authorisation should be granted. NEMA requires the authority to take into account environmental management principles. These principles inter alia require that development must be socially, environmentally and economically sustainable. This is also known as sustainable development ("SD"). Administrative officials tasked with considering EIAs have been given legislative direction with respect to the environmental issues which need to be assessed. They have been given no direction on how to assess socioeconomic issues. Notwithstanding this there have been an increasing number of decisions based on socio-economic factors, notwithstanding that the environmental impacts have been determined to be acceptable. In Fuel Retailers Association of South Africa v Director-General: Environmental Management, Department of Agriculture, Conservation and Environment, Mpumalanga Province and Others the Constitutional court held that SD must be applied by environmental authorities when they consider applications for EIA authorisation. However a careful analysis of NEMA and the Constitution of the Republic of South Africa, 1996, highlight that our administrators and courts have adopted a one dimensional and ultimately inaccurate interpretation of the application of SD. This is prejudicing the fulfilment of the objective of EIA, namely the determination of the acceptability of a project's environmental impacts. Whilst SD does have a role to play in the EIA process it is more defined, and does not take the central role the Constitutional Court has indicated. The aim of is to determine whether there are adverse impacts associated with a project. If there are, then ordinarily authorisation should be refused. However the authorities are enjoined to go a step further. They must determine whether the identified adverse impacts can be satisfactorily mitigated, and whether any positive socio-economic factors would accrue Page (iii) should the project be authorised. If both are answered in the affirmative, then a positive decision is appropriate. This is the balance which NEMA calls for, and this is the correct application of SD in an EIA. The broader application of SD espoused by the Constitutional Court is achieved not through the environmental authorities in the EIA process alone, but through the constitutional principle of cooperative governance. All authorities with an interest in a particular project must apply the principle of SD within the scope of their administrative functions. The environmental authorities consider the environmental impacts, the planning authorities consider the socio-economic impacts, the agricultural authorities determine the project's impacts on agricultural land, etc. The outcome of their individual decisions can then collectively be assessed to determine whether a project is sustainable or not. There are various measures which can be employed to address the interpretational deficiency which has now manifested. These include improving cooperative governance principles and practices in decisionmaking; undertaking strategic environmental assessments; and a dedicated Sustainable Development Act. / Dissertation (LLM)--University of Pretoria, 2011. / Centre for Human Rights / unrestricted

Public participation is an integral part of the environmental impact assessment (EIA) process, as it provides opportunities for interested and affected parties (I&APs) to participate in the decision making process. The objective of public participation is to accomplish social and environmental justice and to promote informed decision making. Concern however exists that public participation is seen and implemented as a rigid “one size fits all” process and that the inputs by I&APs are limited to the pre-authorisation phases i.e. the I&APs are not involved in the environmental management of the full life cycle of the activity. The problem appears to stem from the fact that the implementation of the public participation process is associated with a number of shortcomings and may be seen as a paper exercise to satisfy the requirements of the National Environmental Management Act. The aim of the research is to determine the effectiveness of public participation in EIA processes, using a group of selected South African case studies. A structured, survey-based research study was conducted with I&APs, environmental assessment practitioners (EAPs) and officials from relevant decision making bodies (competent authorities). The main aim of the research has been achieved and all research objectives answered. The study concludes that public participation in EIA processes is not purely a paper exercise, but does in fact enhance decision making. However, there are widespread concerns regarding the selection of alternatives and the alignment of public participation processes in other environmental assessments. / M (Environmental Management), North-West University, Potchefstroom Campus, 2015

Public participation is an integral part of the environmental impact assessment (EIA) process, as it provides opportunities for interested and affected parties (I&APs) to participate in the decision making process. The objective of public participation is to accomplish social and environmental justice and to promote informed decision making. Concern however exists that public participation is seen and implemented as a rigid “one size fits all” process and that the inputs by I&APs are limited to the pre-authorisation phases i.e. the I&APs are not involved in the environmental management of the full life cycle of the activity. The problem appears to stem from the fact that the implementation of the public participation process is associated with a number of shortcomings and may be seen as a paper exercise to satisfy the requirements of the National Environmental Management Act. The aim of the research is to determine the effectiveness of public participation in EIA processes, using a group of selected South African case studies. A structured, survey-based research study was conducted with I&APs, environmental assessment practitioners (EAPs) and officials from relevant decision making bodies (competent authorities). The main aim of the research has been achieved and all research objectives answered. The study concludes that public participation in EIA processes is not purely a paper exercise, but does in fact enhance decision making. However, there are widespread concerns regarding the selection of alternatives and the alignment of public participation processes in other environmental assessments. / M (Environmental Management), North-West University, Potchefstroom Campus, 2015

Thesis (M. Environmental Management)--North-West University, Potchefstroom Campus, 2007.

In the pursuit of sustainable development, Environmental Impact Assessments (EIA) are acknowledged globally as a tool designed to assist governing authorities by providing the information required to make an informed decision regarding development proposals. South Africa has entrenched this EIA requirement in the presiding environmental legislation: the National Environmental Management Act (Act 107 of 1 998). In the effort to manage the negative impact of development on the rocky ridges of Johannesburg, the Gauteng Department of Agriculture, conservation, Environment and Land Affairs (GDACEL) has introduced a buffer zone requirement in the procedure of the EIA. The Red Data Plant Policy for Environmental Impact Evaluations for GDACEL described a buffer zone as a collar of land that filters out inappropriate influences from surrounding activities. As a tool in the EIA, a buffer zone is a worthwhile concept. However, the determination of the dimension of the buffer zone on rocky ridges, is non-discriminatory between sites, and thus, presents potential contention between decision-making authorities and developers. There is a need for further research to establish a scientifically acceptable method of determining site-specific buffer zones for individual EIA applications. The key objective of this paper is to suggest the possibility of determining a buffer zone that accommodates the unique environmental aspects of each site. This is achieved by determining the distance between the edge of existing developments and the point at which the successional climax community within the adjacent natural vegetation is established. Three suitable study sites, consisting of developed residential estates on ridges adjacent to nature reserves, were identified within the greater Johannesburg metropolis. The three study sites identified for this assessment include Kloofendal (west), Morning Hill (east) and Kliprivier (south). Within each study site field surveys were conducted along transects starting 5m from the development edge and ending 75m within the nature reserve adjacent to each site. Quantitative (species density) and qualitative (Braun-Blanquet cover-abundance values) data analysis was employed to describe and evaluate the identified plant communities. The data in this study provides clear indication that a 25-35m buffer zone would suffice for these specific plant communities to maintain a climax successional status if impacted on by residential development. This paper thus makes a case for permitting the determining of variable buffers zones, based on a gradient analysis of a plant community, as a potential panacea to the problem of resistance and reluctance to accept present standard buffer zones. / Thesis (M. Environmental Management)--North-West University, Potchefstroom Campus, 2007.

In the pursuit of sustainable development, Environmental Impact Assessments (EIA) are acknowledged globally as a tool designed to assist governing authorities by providing the information required to make an informed decision regarding development proposals. South Africa has entrenched this EIA requirement in the presiding environmental legislation: the National Environmental Management Act (Act 107 of 1 998). In the effort to manage the negative impact of development on the rocky ridges of Johannesburg, the Gauteng Department of Agriculture, conservation, Environment and Land Affairs (GDACEL) has introduced a buffer zone requirement in the procedure of the EIA. The Red Data Plant Policy for Environmental Impact Evaluations for GDACEL described a buffer zone as a collar of land that filters out inappropriate influences from surrounding activities. As a tool in the EIA, a buffer zone is a worthwhile concept. However, the determination of the dimension of the buffer zone on rocky ridges, is non-discriminatory between sites, and thus, presents potential contention between decision-making authorities and developers. There is a need for further research to establish a scientifically acceptable method of determining site-specific buffer zones for individual EIA applications. The key objective of this paper is to suggest the possibility of determining a buffer zone that accommodates the unique environmental aspects of each site. This is achieved by determining the distance between the edge of existing developments and the point at which the successional climax community within the adjacent natural vegetation is established. Three suitable study sites, consisting of developed residential estates on ridges adjacent to nature reserves, were identified within the greater Johannesburg metropolis. The three study sites identified for this assessment include Kloofendal (west), Morning Hill (east) and Kliprivier (south). Within each study site field surveys were conducted along transects starting 5m from the development edge and ending 75m within the nature reserve adjacent to each site. Quantitative (species density) and qualitative (Braun-Blanquet cover-abundance values) data analysis was employed to describe and evaluate the identified plant communities. The data in this study provides clear indication that a 25-35m buffer zone would suffice for these specific plant communities to maintain a climax successional status if impacted on by residential development. This paper thus makes a case for permitting the determining of variable buffers zones, based on a gradient analysis of a plant community, as a potential panacea to the problem of resistance and reluctance to accept present standard buffer zones. / Thesis (M. Environmental Management)--North-West University, Potchefstroom Campus, 2007.

This article describes and analyzes the national standard established for the prior consultation proceedings in mining and its relationship with environmental law. These procedures have been created in order to comply with the liability contracted by the Peruvian State in 1995, after the ratification of ILO Convention 169. The article reviews the main elements of Peruvian prior consulting process, including key aspects such as the identification of indigenous peoples, as well as defining the moment at which consulting should be made in the mining area. Finally, the author stresses the no consultations in mining projects at the time and the implications of that fact. / El presente artículo busca describir y analizar el estándar nacional establecido para el desarrollo de procesos de consulta previa en el ámbito de la minería y su relación con la legislación ambiental. Estos procedimientos han sido establecidos con el objeto de cumplir con la obligación que el Estado Peruano asumió en el año 1995, tras la ratificación del Convenio 169 de la OIT. Se pasa revista a los principales componentes del proceso de consulta peruano, incluyendo aspectos cruciales como la identificación de los pueblos indígenas, de las medidas de consultar así como la definición del momento en el cual realizar la consulta en el ámbito minero. Finalmente se destaca la no realización de consultas en los proyectos mineros hasta la fecha y las implicancias de dicho hecho.

This paper outlines the current state of environmental legislation and administration in Botswana, identifying the various problems with that system. Those problems include fragmented and overlapping administration and out-dated legislation that is not in keeping with modem, holistic approaches to environmental management, ineffective and unreliable enforcement, compounded by rampant non-compliance. The paper then considers some the developments that are being made to improve this situation, including: the conversion of the environmental agency into a department and the introduction of an over-reaching environmental Act, preparation of a wetlands conservation strategy, the introduction of environmental impact assessment legislation. The paper concludes by querying the effectiveness of those developments when unsustainable attitudes continue to predominate in the country / Law / LL.M.

This paper outlines the current state of environmental legislation and administration in Botswana, identifying the various problems with that system. Those problems include fragmented and overlapping administration and out-dated legislation that is not in keeping with modem, holistic approaches to environmental management, ineffective and unreliable enforcement, compounded by rampant non-compliance. The paper then considers some the developments that are being made to improve this situation, including: the conversion of the environmental agency into a department and the introduction of an over-reaching environmental Act, preparation of a wetlands conservation strategy, the introduction of environmental impact assessment legislation. The paper concludes by querying the effectiveness of those developments when unsustainable attitudes continue to predominate in the country / Law / LL.M.

The author addresses a broad overview of the significant role played by all those new developments and trends in science, technology and innovation (STI), which are applied to the environmental management of mining projects. It also examines the new provisions introduced by the D.S. No. 054-2013-PCM and D.S. No. 060-2013-PCM, as well as their complementary regulations (specifically, those of environmental relevance for the mining sector), in the context of policies aimed at stimulating the economy and promoting private investment that are being implemented by the Government. In addition, the article focuses on different practical situations and evaluates the relevant environmental implications that mining companies usually face when redesigning or modifying the components of their projects. Finally, analyzes the criteria of the Ministry of Energy and Mines concerning the rules on environmental management instruments for the mining industry, and the new regime applicable for amending these instruments, as well as the aspects, scope and measures that are being adopted and discussed with regards to the obligation of updating the approved environmental impact studies. / El autor muestra un panorama amplio del significativo papel que desempeñan los nuevos desarrollos en ciencia, tecnología e innovación (CTI) aplicados a la gestión ambiental de los proyectos mineros. Asimismo, analiza las nuevas disposiciones introducidas por los D.S. No. 054-2013-PCM y 060-2013-PCM, así como sus normas complementarias (específicamente, aquellas de relevancia ambiental para el sector minero), en el marco de las políticas de reactivación económica  y  promoción  de  la  inversión  privada  que  viene  implementando el Gobierno. Además, plantea distintas situaciones prácticas y evalúa las respectivas implicancias ambientales que, muchas veces, las empresas mineras afrontan al momento de rediseñar o modificar los componentes de sus proyectos. Por último, analiza los criterios del Ministerio de Energía y Minas respecto de la normativa en materia de los instrumentos de gestión ambiental en el sector minero (IGA) y del nuevo régimen aplicable a la modificación de los IGA, así como los aspectos, alcances y medidas que se vienen adoptando y discutiendo con relación a la obligación de actualizar los estudios ambientales aprobados.