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An assessment of the formulation of permit conditions associated with environmental authorisations and implications for compliance monitoring

Environmental impact assessment is a widely accepted planning tool used in environmental management. Internationally it has been adopted as a formal permitting requirement for development projects in many jurisdictions. Historically the focus has been on the pre-decision making stages of environmental impact assessment. It has, however, been widely acknowledged that post-decision environmental impact assessment follow-up is an important component in confirming initial predictions, enabling responsible adaptive management of environmental impacts and ensuring compliance with permit conditions. It is this last function which is the focus of this study. Specifically, the role of permit conditions in enabling compliance and facilitating compliance monitoring is addressed. Permit conditions of twenty-one environmental authorisations were examined and tested for conformance with legislated requirements, and practicality of monitoring for compliance (monitorability). It was found that there are many contributors to achieving monitorable permit conditions. Amongst the most significant of these are conformity in interpretation of the regulations specifying permit content by officials, gaps in guidance on the part of the regulations themselves, and a tendency to focus on construction related impacts. The lack of clarity regarding the roles and functions of environmental control officer and environmental auditor further contribute to poor monitorability of permit conditions. Specific areas of shortcoming and best practice in the permit conditions analysed were identified and discussed. Finally, recommendations are made for the improvement of permit condition monitorability.

Identiferoai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:ufh/vital:11873
Date January 2011
CreatorsJennings, Patricia Jean
PublisherUniversity of Fort Hare, Faculty of Science & Agriculture
Source SetsSouth African National ETD Portal
LanguageEnglish
Detected LanguageEnglish
TypeThesis, Masters, MPhil (Environmental Studies)
Format120 leaves; 30 cm, pdf
RightsUniversity of Fort Hare

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