The Custodian Project

• The Strategy is in essence the implementation plan for NEMA Chapter 5 and therefore its scope is defined as the scope of this chapter.

• The Strategy is not the Strategy for Sustainable Development, Climate Change Policy, Waste Management Strategy etc. but must be clear on its contribution/ role towards implementation of these frameworks, policies and need to understand how it is impacted by these.

• EA&M are impacted upon and must respond to wide range of existing legislation, policies and strategies, ranging from IPAP (Industrial Policy Framework and Action Plan to the NBSAP (National Biodiversity Strategy and Action Plan) BUT we are not mandated to change these– it is the context in which we must do this work. Applicable Legislation amongst other are listed in Annexure B.

• Budget is a limiting factor.

There are severe criticisms and perceptions of inadequacy about the success of the current EIA system as a tool for environmental impact management.

The concerns voiced relate to both the efficiency and the effectiveness of the system.

There are concerns about time frames and costs (direct and indirect) for conducting studies and inefficiencies in administrative and decision-making processes.

The current environmental impact management system tends to use EIA as the only legislative tool for impact assessment and management. It is often seen as a “magic wand” despite the fact that the tool has limitations. EIA is often not the most appropriate tool to use, especially in the case where the impacts are minimal or low, in which case the tool becomes rather “heavyhanded.”

A common complaint from Interest and Affected Parties (I&APs) and civil society is that the environment is not being effectively protected, and there is tendency from this sector to call for tighter regulations and more consultation.

Environmental Impact Management is seldom complemented by strategic tools.  Environmental Frameworks (EMFs) and Strategic Environmental Assessments (SEAs) are applied within limitations and mostly on a voluntary basis.