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EIA Amendments a concern

Publish date: 29 May 2007
Issue Number: 12
Diary: Legalbrief Environmental
Category: Labour

The Minister of Environmental Affairs and Tourism has published proposed amendments to chapter 5 of the National Environmental Management Act, the Environmental Impact Assessment Regulations, 2006, and to the two lists of listed activities and competent authorities published under the Act.

The closing date for comments is 4 June 2007. The amendments seek to provide decision-makers with greater flexibility when considering applications for environmental authorisations. It is particularly concerning to note that the amendments are designed to allow the authorities to grant exemption from not only the EIA Regulations, 2006 but also from provisions of the Act that deal with environmental authorisations. The legislation does not give guidance on the criteria to be applied in deciding whether or not to grant an exemption. The proposed amendments to the EIA Regulations, 2006, also do away with the need to obtain the landowners consent where a third party intends to undertake a listed activity on that owner\'s land. And, they attempt to streamline the number of activities that may require basic assessment or scoping and EIA. According to environmental law specialists Winstanley and Cullinan, while the attempts to refine and streamline the EIA process is welcome, there is a real danger that the largely unfettered powers of exemption will create a major loophole through which inappropriate and unsustainable development projects will slip. Visit the Winstanley and Cullinan Web site

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