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Rules exempting solar projects from enviro authorisation out for comment

30th September 2022

By: Terence Creamer

Creamer Media Editor

     

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Forestry, Fisheries and the Environment Minister Barbara Creecy has initiated public consultations on the exclusion of solar photovoltaic (PV) installations from the need to secure an environmental authorisation when located in areas of medium or low environmental sensitivity.

The Minister has given the public 30 days to comment on the proposed exclusion, which is provided for in Section 24(2)(e) of the National Environmental Management Act.

The move is in line with an announcement made by President Cyril Ramaphosa on July 25, when he unveiled a so-called Energy Action Plan to tackle intensifying load- shedding.

In his speech, Ramaphosa announced that government would waive or streamline certain regulatory requirements to accelerate investment.

“This includes reducing the regulatory requirements for solar projects in areas of low and medium environmental sensitivity.

“It also means Eskom can expand power lines and substations without needing to get environmental authorisation in areas of low and medium sensitivity and within the strategic electricity corridors,” the President said.

In a Gazette notice, published on September 8, Creecy noted that a screening tool had been developed to identify the environmental sensitivity of specific locations.

These sensitivities are rated from ‘very high’ and ‘high’ to ‘medium’ or low’.

Based on environmental sensitivity, the Act allows for activities to be excluded from obtaining an environmental authorisation in areas demarcated to be of a low or medium sensitivity.

Under the proposed rules, solar PV developments or expansions in low or medium sensitivity locations can apply for an exclusion, along with any associated activities, and instead opt for registration.

“At least 15 days prior to the expected commencement date of the proposed development or expansion, the proponent must register or re-register the proposed facility and infrastructure with the competent authority,” the notice, which includes proposed registration documents, reads.

If the project has a site sensitivity verification report and the documentation is correctly completed, the competent authority has ten days to provide a registration number.

Edited by Martin Zhuwakinyu
Creamer Media Senior Deputy Editor

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