Navigating constantly shifting environmental legislative requirements in the African context

Franciska Lake, Partner and Principal Environmental Scientist

Beth Candy, Principal Environmental Scientist

 

Recently, African countries have begun strengthening the legal requirements for environmental and social compliance, including environmental impact ssessment (EIA) provisions. They focus on good international industry practice and project design to limit risks and impacts. Experienced environmental assessment practitioners (EAP) are needed to help navigate the constantly shifting environmental legislative requirements.We can highlight key considerations when undertaking environmental assessments.

 

While the EAP can start based on the provided scope of work, the project will likely change as in-country environmental requirements are identified. Once the regulated environmental authorisation processes are underway, changes often result in additional cost and schedule implications. 

 

It is necessary to screen the biophysical and social setting of the project to determine what legislation applies and identify key environmental and social sensitivities. The required permitting plan may list applicable legislative processes, present terms of reference for specialist baseline investigations, and set out the stakeholder engagement strategy for the EIA process. Wherever possible, opportunities to undertake an integrated environmental authorisation process should be explored. 

 

Specialists’ baseline investigations should begin to assist with planning the environmental authorisation processes. This early warning could identify fatal flaws or no-go areas that could prevent or delay the project. 

 

Despite thorough planning during the unregulated period, unexpected deviations often occur. However, flexibility in the permitting plan and frequent interaction with key stakeholders, specifically regulatory authorities, is required to adapt to the changes in the original scope of work or permitting plan. 

 

If legislation changes, it is important to know about transitional arrangements aimed at improving or enhancing the existing statutory requirements that may provide opportunities for the current environmental authorisation process. 

 

It is essential that an EAP knows all applicable legislation for the project area thoroughly and is aware of upcoming legislation that may be implemented during the process. 

 

In the African context, EAPs, play a central role as independent experts appointed by the project proponents to conduct an EIA process and prepare the necessary reports for decision-making by environmental regulators. In addition, by law EAPs must objectively conduct the EIA process, taking account of the views and concerns of all stakeholders. The EAP must have the suitable skills to balance proponent expectations for obtaining the requisite permit and applying the law. 

 

Franciska Lake: flake@srk.co.za

Beth Candy: bcandy@srk.co.za