- Louise Agenbag, Polygon Environmental Planning
Receiving that much-anticipated letter of Environmental Authorisation (EA) or Water Use Licence (WUL) in your inbox feels like crossing the finish line after successfully completing a marathon. Checking off two of the most important points on the planning checklist for your new development, it can be tempting to just file these documents away safely and proceed with development in earnest.
It’s not quite that simple, though. Yes, obtaining those authorisations is an enormous leap forward and usually enables you to get started on your project – unless there are other outstanding issues – but now your EA, WUL and other authorisation(s) need to be put to work and inform the way that your development is undertaken. Each authorisation will contain a number of conditions which need to be adhered to, and the consequences of failing to comply may be serious, including the issuing of a fine, instruction to correct / rehabilitate, or even withdrawal of authorisation by the authorities.
One of the conditions will usually be that independent compliance monitoring must be done and regular reports submitted to the competent authority indicating the project’s level of compliance with the conditions of the authorisations as well as with the approved Environmental Management Programme (EMPR) which would have been submitted as part of your applications.
In the case of an EA, an independent Environmental Control Officer (ECO) will usually need to monitor compliance during the entire construction or development phase and report to the Limpopo Department of Economic Development, Environment and Tourism (LDEDET) on a six-monthly basis. (Some provincial authorities require monthly reporting.) During the operational phase of the activity, for as long as the EA remains valid, compliance must also be audited by an independent auditor at regular intervals and reported on to LDEDET.
Furthermore, Section 54A(3) of the Environmental Impact Assessment (EIA) Regulations (2014, as amended 2017) also requires that, where an EA issued prior to the 2014 EIA Regulations was still valid by 8 December 2014, compliance with the EMPR of that project must also be independently audited and the first report submitted to LDEDET by no later than 7 December 2019, and at least every 5 years after that for as long as the EA remains in effect.
For WULs, monitoring and reporting requirements vary based on the type of water use – e.g. water abstraction, wastewater treatment or impedance of streamflow – as well as the scale thereof. It may also include specialised monitoring such as laboratory analysis of water samples to determine the presence and/or levels of certain elements, especially if the project poses a risk of contamination of water resources, for instance an onsite wastewater treatment system.
If water is being abstracted, whether from a dam, river or borehole, the volumes being abstracted will usually also need to be measured and recorded. If you are abstracting water for irrigation, it is important that you take heed of the “Regulations Requiring that the Taking of Water for Irrigation Purposes be Measured, Recorded and Reported” (Notice 131 of 2017), published by DWS in terms of the National Water Act.
Polygon Environmental Planning in Tzaneen would be happy to advise on the monitoring requirements for your project in terms of environmental or water use authorisations that may be in place, and are well-placed to undertake the necessary monitoring, auditing and reporting to the competent authorities.
