Environmental Management Frameworks The purpose of an EMF (2) This - - PDF document

1 ENVIRONMENTAL MANAGEMENT FRAMEWORKS

(THE 2010 AMENDMENTS TO THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2006)

Environmental Management Frameworks

The purpose of an EMF (1)

• Compilation of information and maps that specify

the attributes of the environment in particular geographical areas;

• Such information to inform environmental

management; and

• Such information and maps to be used as

environmental management frameworks in the consideration of applications for environmental authorisations in or affecting the geographical areas to which those frameworks apply.

Environmental Management Frameworks

The purpose of an EMF (2)

This does not affect the powers of the Minister or MEC to compile information and maps that specify the attributes of the environment in specific geographical areas.

• Cf. Sections 24(3), 24(4)(b)(vi) and 24(5) of NEMA

Environmental Management Frameworks

Why is an EMF compiled

Environmental management frameworks (EMFs) are aimed at:

• Promoting sustainability;
• Securing environmental protection;
• Promoting cooperative environmental governance.

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Environmental Management Frameworks

Assessment included in EMF compilation

• ‘Assessment', when used in Chapter 5, means the

process of collecting, organising, analysing, interpreting and communicating information that is relevant to decision-making;

– “Consider” – “Investigate” – “Evaluate” – “Assess” (significance)

Environmental Management Frameworks

Assessment phase during preparation of an EMF

When an environmental management framework is developed, the following must be assessed:

• The need for an environmental management

framework;

• The status quo of the geographical area (baseline)

that forms the subject of the environmental management framework;

• The desired state of the environment; and
• The way forward to reach the desired state.

Environmental Management Frameworks

When an EMF is initiated

Minister or MEC must— Conduct public consultation to inform preparation; Compile a draft environmental management framework; Subject the draft to a public participation process—

• Draft EMF available for public inspection at a convenient place;
• Invite I&APs by way of advertisements and any other appropriate

way to inspect the draft and submit representations, and comments in connection with the draft to that person or organ of state;

• Employ reasonable alternative methods of promoting public

participation Consider representations and comments received; Review the draft in the light of any representations, and comments received; and Prepare a comments and response report including responses to all representations and comments received.

Environmental Management Frameworks

Content of an EMF (1)

A draft environmental management framework must—

• Identify the geographical area with a map or alternate

representation;

• Specify attributes of the environment, including
• Sensitivity,
• Extent,
• Interrelationship and
• Significance of those attributes;
• Identify relationship between attributes and the area;
• State conservation status and environmental management

priorities of the area;

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Environmental Management Frameworks

Content of an EMF (2)

• Indicate:
• Kinds of developments or land uses that would have a

significant impact on those attributes and those that would not;

• Kind of developments or land uses that would be

undesirable in the area or in specific parts of the area;

• The parts of the area with specific socio-cultural values

and the nature of those values;

• Identify information gaps;
• Indicate a revision schedule for the environmental

management framework; and

• Include any other matters that may be specified.

Environmental Management Frameworks

Institutional arrangements (1)

• The critical success of any EMF lies in its application. The

institutional structure to ensure that the EMF can, and will be applied in practice depends largely on the buy-in and support

• f all tiers of government, especially the competent

authorities mandated with managing the environment.

• NEMA provides the framework for co-operative governance

between national and provincial authorities in the development and adoption of the EMF through concurrence.

Environmental Management Frameworks

Concurrency (1)

• Sections 24 (2), (3) and (5) of NEMA stipulate that the

Minister, and every MEC with the concurrence of the Minister may identify geographical areas based upon environmental attributes in which specified activities may not commence without the approval and authorisation of the competent authority, and similarly activities which may be excluded from authorisation by the competent authority.

• The Minister, and every MEC with the concurrence of the

Minister, may compile information and maps that specify the attributes of the environment in particular geographical areas, including sensitivity, extent, interrelationship and significance of such attributes which must be taken into account by every competent authority.

Environmental Management Frameworks

Concurrency (2)

• The Minister, and every MEC with the concurrence of the

Minister, may make regulations which are consistent with subsection 4 of NEMA, in laying down the specific procedure to be followed in the compilation of the EMFs.

• In issues of national importance the Minister may solely

initiate an EMF, however in issues of a provincial and local nature there should be concurrence between the MEC and the Minister.

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Environmental Management Frameworks

Co-operative governance (1)

Broad principles in ensuring co-operative governance:

• The various partners to the EMF must jointly be in agreement
• n the purpose of the EMF; parties should not have

conflicting mandates;

• The roles and responsibilities of the various spheres of

government in the development and application process must be clearly established; establish clear distinction between the roles and responsibilities of various levels of government;

• There should therefore be clear agreements between the

different spheres of government; these should define the desired state of the co-operative governance, roles and responsibilities in the application of the EMF;

Environmental Management Frameworks

Co-operative governance (2)

• The EMF can provide the framework to highlight areas of, and

achieve co-operative agreements; establish network agreements between officials before escalating the agreements to higher levels of co-operation; and

• The practical agreements for implementation of the EMF

needs and requires continuation after the formalization of the EMF.

Environmental Management Frameworks

Responsibility of government

• Government should be the custodian of the completed EMF
• nce it has been adopted and gazetted as it then becomes a

statutory application.

Environmental Management Frameworks

Adoption of an EMF (1)

When an environmental management framework has been adopted, notice must be given in the Government Gazette or the official Gazette of the relevant province of—

• The adoption of the environmental management framework;

and

• The place where the environmental management framework

is available for public scrutiny.

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Environmental Management Frameworks

Adoption of an EMF (2)

• Environmental management frameworks that have been

adopted must be implemented and monitored on a regular basis to ensure that it achieves its purpose and goal.

• The Minister or an MEC in concurrence with the Minister, or

as specified in the revision schedule of the environmental management framework, may revise an EMF on condition that such revision is subject to a public participation process similar to that envisaged in regulation 3(4).

Environmental Management Frameworks

Adoption of an EMF (3)

• When an environmental management framework has been

revised notice must be given in the Government Gazette or the official Gazette of the relevant province of—

• The revision of the environmental management

framework; and

• The place where the revised environmental management

framework is available for public scrutiny.

Environmental Management Frameworks

SEA and EMF

Strategic environmental assessment EMF The need for an environmental management framework; The status quo of the geographical area (baseline) that forms the subject of the environmental management framework; The desired state of the environment; and The way forward to reach the desired state. Implement and monitor Revise where necessary

Environmental Management Frameworks

SDF and EMF

Spatial development framework EMF The need for an environmental management framework; The status quo of the geographical area (baseline) that forms the subject of the environmental management framework; The desired state of the environment; and The way forward to reach the desired state. Implement and monitor Revise where necessary

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Environmental Management Frameworks

Summary of an EMF