Environmental Management Frameworks The purpose of an EMF (2) This does not affect the powers of the Minister or MEC ENVIRONMENTAL MANAGEMENT to compile information and maps that specify the FRAMEWORKS attributes of the environment in specific geographical areas. (THE 2010 AMENDMENTS TO THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS , 2006) Cf. Sections 24(3), 24(4)(b)(vi) and 24(5) of NEMA Environmental Management Frameworks Environmental Management Frameworks The purpose of an EMF (1) Why is an EMF compiled • Compilation of information and maps that specify Environmental management frameworks (EMFs) are the attributes of the environment in particular aimed at: geographical areas; • Such information to inform environmental • Promoting sustainability; management ; and • Securing environmental protection; • Such information and maps to be used as environmental management frameworks in the • Promoting cooperative environmental governance. consideration of applications for environmental authorisations in or affecting the geographical areas to which those frameworks apply. 1
Environmental Management Frameworks Environmental Management Frameworks Assessment included in EMF compilation When an EMF is initiated Minister or MEC must— � Conduct public consultation to inform preparation; • ‘Assessment', when used in Chapter 5, means the � Compile a draft environmental management framework; process of collecting, organising, analysing, � Subject the draft to a public participation process— interpreting and communicating information that - Draft EMF available for public inspection at a convenient place; - Invite I&APs by way of advertisements and any other appropriate is relevant to decision-making; way to inspect the draft and submit representations, and comments in connection with the draft to that person or organ of state; – “Consider” - Employ reasonable alternative methods of promoting public participation – “Investigate” � Consider representations and comments received; – “Evaluate” � Review the draft in the light of any representations, and comments received; and – “Assess” (significance) � Prepare a comments and response report including responses to all representations and comments received. Environmental Management Frameworks Environmental Management Frameworks Assessment phase during preparation of an EMF Content of an EMF (1) When an environmental management framework is A draft environmental management framework must— developed, the following must be assessed: • Identify the geographical area with a map or alternate • The need for an environmental management representation; framework; • Specify attributes of the environment, including • The status quo of the geographical area (baseline) - Sensitivity, that forms the subject of the environmental - Extent, management framework; - Interrelationship and • The desired state of the environment; and - Significance of those attributes; • Identify relationship between attributes and the area; • The way forward to reach the desired state. • State conservation status and environmental management priorities of the area; 2
Environmental Management Frameworks Environmental Management Frameworks Content of an EMF (2) Concurrency (1) • Indicate: • Sections 24 (2), (3) and (5) of NEMA stipulate that the Minister, and every MEC with the concurrence of the Minister - Kinds of developments or land uses that would have a may identify geographical areas based upon environmental significant impact on those attributes and those that attributes in which specified activities may not commence would not; without the approval and authorisation of the competent - Kind of developments or land uses that would be authority, and similarly activities which may be excluded from undesirable in the area or in specific parts of the area; authorisation by the competent authority. - The parts of the area with specific socio-cultural values • The Minister, and every MEC with the concurrence of the and the nature of those values; Minister, may compile information and maps that specify the • Identify information gaps ; attributes of the environment in particular geographical • Indicate a revision schedule for the environmental areas, including sensitivity, extent, interrelationship and management framework; and significance of such attributes which must be taken into • Include any other matters that may be specified. account by every competent authority. Environmental Management Frameworks Environmental Management Frameworks Institutional arrangements (1) Concurrency (2) • The critical success of any EMF lies in its application . The • The Minister, and every MEC with the concurrence of the institutional structure to ensure that the EMF can, and will be Minister, may make regulations which are consistent with applied in practice depends largely on the buy-in and support subsection 4 of NEMA, in laying down the specific procedure of all tiers of government, especially the competent to be followed in the compilation of the EMFs. authorities mandated with managing the environment. • In issues of national importance the Minister may solely • NEMA provides the framework for co-operative governance initiate an EMF, however in issues of a provincial and local between national and provincial authorities in the nature there should be concurrence between the MEC and development and adoption of the EMF through concurrence. the Minister. 3
Environmental Management Frameworks Environmental Management Frameworks Co-operative governance (1) Responsibility of government Broad principles in ensuring co-operative governance: • Government should be the custodian of the completed EMF once it has been adopted and gazetted as it then becomes a • The various partners to the EMF must jointly be in agreement statutory application. on 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 Environmental Management Frameworks Co-operative governance (2) Adoption of an EMF (1) • The EMF can provide the framework to highlight areas of, and When an environmental management framework has been achieve co-operative agreements; establish network adopted, notice must be given in the Government Gazette or agreements between officials before escalating the the official Gazette of the relevant province of— agreements to higher levels of co-operation; and • The adoption of the environmental management framework; • The practical agreements for implementation of the EMF and needs and requires continuation after the formalization of the • The place where the environmental management framework EMF. is available for public scrutiny. 4
Environmental Management Frameworks Environmental Management Frameworks Adoption of an EMF (2) SEA and EMF Strategic environmental assessment EMF • Environmental management frameworks that have been � The need for an adopted must be implemented and monitored on a regular environmental management framework; basis to ensure that it achieves its purpose and goal. � The status quo of the • The Minister or an MEC in concurrence with the Minister, or geographical area (baseline) that forms the as specified in the revision schedule of the environmental subject of the management framework, may revise an EMF on condition environmental that such revision is subject to a public participation process management framework; � The desired state of the similar to that envisaged in regulation 3(4). environment; and � The way forward to reach the desired state. � Implement and monitor � Revise where necessary Environmental Management Frameworks Environmental Management Frameworks Adoption of an EMF (3) SDF and EMF Spatial development framework EMF � The need for an • When an environmental management framework has been environmental revised notice must be given in the Government Gazette or management framework; � The status quo of the the official Gazette of the relevant province of— geographical area - The revision of the environmental management (baseline) that forms the subject of the framework; and environmental - The place where the revised environmental management management framework; � The desired state of the framework is available for public scrutiny. environment; and � The way forward to reach the desired state. � Implement and monitor � Revise where necessary 5
Environmental Management Frameworks Summary of an EMF 6
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