Are there

provisions on Strategic

Environmental Assessments (SEA)?

In accordance with Article 42, paragraph 1, of the Environmental (Impact Assessment and Audit) Regulations of 2003, the agencies, in

conjunction with NEMA, shall submit all proposals for policies, programmes and plans for a SEA, in order to determine which are the most ecologically and economically efficient when applied individually or in combination with others.

In accordance with Article 104, paragraph 1, of the 2004


Management Act, the SEA of Regulations, Policies, Strategies, Programmes and Plans shall be drawn up.


No. In South Africa, SEAs have been widely implemented on a voluntary basis since the mid-1990s (over 50 SEAs were identified). There are specific guidelines for the SEA.


Yes, Directive 2001/42/EC of the European Parliament and Council, of June 27, 2001, on

evaluation of the effects of specific plans and

programmes on the



Which is the competent EIA authority?

NEMA (National Environment



NEMC (National Environment Management Council)

Ministry for

Coordination of Environmental Affairs (MCEA), through the


Environmental Impact


Department (DNEIA) and the Provincial

Environmental Action


Department (DPCA).

DEAT is responsible for evaluating projects of national importance (i.e. projects that cross provincial or


boundaries). The environmental

departments of the various provincial governments are responsible for


applications that have been submitted in terms of the EIA regulations.

In accordance with Decree no. 51/04,of July 23, the competency for the AIA procedure pertains to the Minister responsible for the Environment, who will designate the entity

responsible for drawing up the procedure. Since

publication of Decree-Law no. 4/09, of May 18, the National Directorate for Prevention and Assessment of Environmental Impacts is the service within the Ministry of the

Environment responsible for AIA procedures. Since then, it has no longer be necessary for the Minister responsible for the

Environment to designate the entity responsible for

drawing up this procedure. This competency is

exercised jointly with the Minister responsible for the project under appraisal and the Minister responsible for Territorial Planning, in the case of projects located within urban perimeters or which cut across


Each Member State has at least one competent authority for EIAs.

Minister Responsible for the Environment Issues-has the final decision as to whether an EIA will be

approved, conditionally approved or rejected.