Botswana announces main changes in the Environmental Assessment Act

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EIA changes photoBotswana government has announced changes on its Environmental Assessment Act for a provision to request a developer to only prepare an Environmental Management Plan (EMP) for Projects.

A statement says this is to address issues where: a full EIA may not be necessary before the implementation of certain projects but for monitoring purposes would require only an EMP; and an EMP is required to monitor and manage the impacts of projects which are already operating because they were implemented before the EIA Act came into force but should have been otherwise subjected to a full EIA.

 

Secondly, the placing of an advert in the mass media inviting people for a public meeting for an intended activity should be done only once. The old provision was ambiguous as it can be interpreted to mean publicizing the activity only once or 21 times.

 

A new provision provides a timeline of 28 working days within which the Department of Environmental Affairs (DEA) should have responded after the submission of Scoping Report/Terms of Reference by an applicant. The old Act did not have this provision.

 

The screening tool has been changed from Preliminary Environmental Impact Assessment Form to a Project Brief Form. All project proponents are therefore expected to complete the Project Brief Form and submit it to the Department of Environmental Affairs offices for review.

 

A provision is also made for the establishment of the Botswana Environmental Assessment Practitioners’ Association (BEAPA). The association is a registered entity which has been created to regulate the conduct of EIA practitioners and the tariffs of fees for the services they offer to developers. The administration of the registration and certification requirements of EIA practitioners (Consultants) will be overseen through the BEAPA Board. The composition of the Board will be made up of representatives appointed by the general membership of the Association and three appointed by the Minister.

 

The EA Act also provides for the establishment of the Appeals Committee to attend to appeals from aggrieved persons with respect to the implementation of the Act.

 

The Act also provides the Minister with powers to exempt a project from being subjected to an EIA. This is to cater for emergency situations such as having to construct fences as barriers during Foot and Mouth Disease outbreaks.

All Project Briefs and Environmental Assessment Reports submitted to the DEA for review will be accompanied by a fee charged for the provision of services as follows:

 

SERVICE PROVIDED

FEE

1

Review of Project brief

P 10

2

Review of Environmental Assessment Reports will be related to project cost as follows;

  1. Less than 100 000
  2. P100 000 – P499 999
  3. P500 000 -P999 999
  4. P1 000 000 -P 9 999 999
  5. P10 000 000 –P49 999 999
  6. P 50 000 000 or more

P100

P250

P500

P750

P1000

P1500

Note: Fees for Environmental Impact Statement and Strategic Environmental assessment Report included.

A new section that provides for the establishment of a special committee by the Minister Called the Environmental Impact Assessment Committee to handle the environmental assessment of projects of Security Organs of State where such projects may compromise the security of the state.

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