A critical assessment of EIA follow-up conditions formulated for Environmental Authorisations in Mpumalanga Province

Abstract

Compliance monitoring is a continuous process used to ensure that conditions stipulated in an environmental authorisation are adhered to. Compliance monitoring is a key component of Environmental Impact Assessment (EIA) and EIA follow-up. The aim of this research was to critically assess EIA follow-up conditions formulated for Environmental Authorisations in Mpumalanga Province. The practicability of conditions set out in the authorisation for EIA follow-up are of particular concern. Forty-two (42) environmental authorisations (EAs) issued under the 2010 NEMA EIA regulations were reviewed and assessed to analyse information relating to follow-up practice. In order to synthesise the data effectively and create a comprehensive analysis, the EAs were divided into project type categories rather than listed activity categories. The assessment results on the strengths and weaknesses related to compliance monitoring and enforcement of the authorisation conditions revealed that the EIA follow-up conditions in Mpumalanga do make provision of EIA follow-up. The EAs fulfils the requirements of regulation 37 of the NEMA EIA regulations 2010 by promoting compliance monitoring of impacts. However, some conditions raises difficulty in monitoring due to their impracticability. Another weakness is that conditions focus mainly on the construction phase and very little attention is paid to operational and decommissioning impacts. The analyses results show that the practicability of the authorised conditions for environmental compliance monitoring had the following challenges: conditions intended to mitigate the adverse environmental impacts are generic and do not apply to specific projects or activities being authorised and there are no clearly defined timeframes for conditions requiring repetitive monitoring. Moreover, the study revealed gaps in monitoring of the authorised conditions that included poor clarity of roles of environmental control officers (ECOs) and auditors and a lack of reference to sections to be complied with pertaining to other relevant legislation. The critical assessment of the EIA follow-up conditions formulated for Environmental Authorisations in Mpumalanga Province indicate that the formulation of conditions have implications in ensuring that compliance is effectively implemented. Clearly defined conditions will ensure proper interpretation and correct implementation for compliance purposes.