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Environmental authorisation may no longer be required for solar PV installations By Garyn Rapson , partner & Nonhlanhla Mnengi , trainee attorney from Webber Wentzel
Recent consultative amendments on the intention to exclude the development and expansion of solar photovoltaic installations and associated activities from the requirement to obtain an environmental authorisation are finally underway .
The requirement of excluding obtaining an environmental authorisation ( EA ) for solar photovoltaic ( solar PV ) and associated activities in terms of section 24 ( 2 )( e ) of the National Environmental Management Act , 1998 ( NEMA ) has been set for comments to the public .
The Department of Forestry , Fisheries , and the Environment ( DFFE ) is aware that the environmental impact assessment ( EIA ) process required for projects is lengthy and does not encourage investment .
As a result , prior to the current proposal , and for the purposes of encouraging energy generation capacity , the DFFE was set to implement exemptions from EIA requirements for certain energy projects . The department had earmarked solar PV power generation and certain transmission infrastructure for these exemptions , as it typically poses little risk to the surrounding environment .
Since 2014 , the DFFE has introduced initiatives that would exempt developers from obtaining EAs for certain listed or specified activities for the development of solar related projects . These include the Renewable Energy Development Zones ( REDZ ) and gazetting of these eleven REDZ , five electricity transmission corridors and gas corridors , in which the environmental authorisation timeframes had been halved . Renewable projects located in these zones would have their EIAs reduced from 300 to approximately 176 days . Strategic infrastructure projects ( SIPs ) process timeframes would be shortened from 107 to 57 days in terms of the infrastructure Development Act .
In July 2022 , the DFFE also adopted a new standard for the development of power lines and substations within identified geographical areas . This standard similarly excludes the need for environmental authorisation for grid capacity , in areas identified as having low and medium environmental sensitivity and that fall within strategic transmission corridors . The department felt that more needed to be done however , and this recent adoption has given impetus to the current proposal .
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If a solar PV project and its related infrastructure comply with environmental management instruments , they can be excluded from requiring environmental authorisation .
It follows that the DFFE deemed it necessary in resolving the country ’ s energy crisis to include exclusions from the need to obtain an EA , in low and medium sensitivity areas , as classified by the department ’ s national web-based screening tool that was gazetted in July 2019 . This would be a web-based application that includes environmental information of different sites nationally . The tool can identify areas of low , medium , and high environmental sensitivity . The tool also has environmental information from different
8 www . coldlinkafrica . co . za COLD LINK AFRICA • March / April 2023