COMMENT ON THE FLEXIBLE ENVIRONMENTAL IMPACT ASSESSMENT (EIA) SYSTEM

The Centre for Environmental Rights (CER), on behalf of several partner organisations, submitted a formal comment to the South African Department of Forestry, Fisheries and the Environment (DFFE) regarding the proposed "Flexible Environmental Impact Assessment (EIA) system." The CER argues that the shift from a rules-based system to one based on administrative discretion risks violating constitutional rights to a healthy environment and just administrative action, potentially weakening environmental protections and public participation.

• The proposed shift from objective, activity-based triggers to a discretionary screening model concentrates significant power at the earliest stage of the EIA process. This transition risks undermining consistency, transparency, and accountability, as the depth of environmental assessment would depend on subjective administrative judgement rather than legally defined thresholds.
• Replacing detailed activity lists with broad thematic categories (such as "tourism developments" or "mining operations") creates legal uncertainty. This may make it harder for affected communities to anticipate developments and exercise their rights to participate in decision-making, potentially resulting in fewer projects undergoing environmental assessment.
• The proposed system allows for "early exit" mechanisms, such as "Statements of No Significant Impact," which could allow projects to proceed without substantive environmental assessments or specialist input. This creates a risk of under-assessing cumulative and long-term impacts, potentially violating the state's constitutional obligation to prevent environmental harm.
• Public participation in the proposed system would become "flexible" and determined by the competent authority on a case-by-case basis. The CER warns that without minimum enforceable standards, participation may be curtailed for the sake of expediency, particularly affecting vulnerable or marginalised communities.
• The proposal to treat screening decisions as "in-process" decisions, making them not subject to appeal, limits access to justice. Because these decisions determine the level of scrutiny a project receives, excluding them from appeal mechanisms may insulate consequential decisions from legal scrutiny.
• There is a risk that the system will rely too heavily on information supplied by project proponents and their Environmental Assessment Practitioners (EAPs). Since EAPs are remunerated by proponents, there is an inherent incentive to recommend lower levels of assessment, which could erode environmental standards.
• A comparative analysis of EIA regimes in Kenya, Uganda, and the European Union shows that while flexibility exists, it is typically paired with clear statutory criteria, mandatory public participation, and accessible review mechanisms—safeguards that are largely missing or reduced in the South African proposal.

APA

Centre for Environmental Rights (2026). COMMENT ON THE FLEXIBLE ENVIRONMENTAL IMPACT ASSESSMENT (EIA) SYSTEM. https://cer.org.za/wp-content/uploads/2026/06/CER-obo-MACUA-MEJCON-SA-groundWork-BCDF-and-FFSA-comments-on-flexible-EIA-system.pdf?x21779

Chicago

Centre for Environmental Rights. COMMENT ON THE FLEXIBLE ENVIRONMENTAL IMPACT ASSESSMENT (EIA) SYSTEM. 2026. https://cer.org.za/wp-content/uploads/2026/06/CER-obo-MACUA-MEJCON-SA-groundWork-BCDF-and-FFSA-comments-on-flexible-EIA-system.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=COMMENT ON THE FLEXIBLE ENVIRONMENTAL IMPACT ASSESSMENT (EIA) SYSTEM |date=29 May 2026 |url=https://cer.org.za/wp-content/uploads/2026/06/CER-obo-MACUA-MEJCON-SA-groundWork-BCDF-and-FFSA-comments-on-flexible-EIA-system.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2026comment, author = {{Centre for Environmental Rights}}, title = {{COMMENT ON THE FLEXIBLE ENVIRONMENTAL IMPACT ASSESSMENT (EIA) SYSTEM}}, publisher = {Centre for Environmental Rights}, year = {2026}, month = may, url = {https://cer.org.za/wp-content/uploads/2026/06/CER-obo-MACUA-MEJCON-SA-groundWork-BCDF-and-FFSA-comments-on-flexible-EIA-system.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }