NATURAL JUSTICE COMMENTARY ON THE INTENTION TO EXCLUDE THE DEVELOPMENT AND EXPANSION OF SOLAR PHOTOVOLTAIC INSTALLATIONS FROM THE REQUIREMENT TO OBTAIN AN ENVIRONMENTAL AUTHORIZATION BASED ON COMPLIANCE WITH AN ADOPTED ENVIRONMENTAL MANAGEMENT INSTRUMENT GAZETTED NO. 46871 OF 08/SEP/2022 AND THE INTENTION TO ADOPT THE NATIONAL WEB-BASED ENVIRONMENTAL SCREENING TOOL AS AN ENVIRONMENTAL MANAGEMENT INSTRUMENT (SCREENING TOOL)

Natural Justice submitted a commentary to the South African Department of Forestry, Fisheries, and Environment opposing the proposed exclusion of solar photovoltaic (PV) installations from the requirement to obtain environmental authorizations. The organization argues that replacing the Environmental Impact Assessment (EIA) process with a web-based Screening Tool undermines constitutional rights to public participation, administrative justice, and environmental protection, potentially increasing litigation and investment risk.

• Natural Justice argues that the proposed exclusion of solar PV projects from the EIA process and the use of a Screening Tool as a substitute would violate constitutional rights to just administrative action and access to information. The organization claims that without an avenue for review or appeal of the Screening Tool's results, the rights guaranteed by the Promotion of Administrative Justice Act (PAJA) and the Promotion of Access to Information Act (PAIA) are compromised.
• The document asserts that bypassing the EIA process risks increasing local opposition and social backlash, which may ultimately hinder the deployment of solar projects. It notes that a lack of transparency and public participation in South Africa has previously led to court-ordered stops for projects, such as the Karpowerships agreements and exploration rights for Shell and Impact Africa in the Makhanda High Court.
• Solar PV projects, particularly medium- or large-scale installations, can cause significant environmental harm that a screening tool may fail to capture. Identified risks include the use of large portions of cleared land, climatic impacts from large quantities of panels, the attraction of water birds due to reflection, and potential soil and water contamination from toxic materials in panels.
• The commentary highlights that solar PV generation typically requires 2 to 4 hectares of land per MW of electricity generated. This land requirement can displace other productive land uses, fragment animal habitats, and affect community land rights, especially given South Africa's history of land appropriation during colonialism and Apartheid.
• The proposed Screening Tool is criticized for lacking a methodology to evaluate the cumulative impact of multiple projects in a single area. Additionally, the document notes that the tool may not account for areas recovering from natural disasters (floods, fires, vegetation fragmentation) or the specific water needs for cleaning panels in a water-scarce country.
• Natural Justice recommends that the government instead prioritize the use of degraded or unused non-urban sites for solar deployment to avoid competing with valuable land uses. Suggested sites include unrehabilitated mining sites, landfills, brownfield sites, and right-of-ways for railroads and highways.
• The organization criticizes the 15-day registration period provided for proposed facilities, arguing it is insufficient for gathering information and completing paperwork. They recommend extending this timeframe to 30 days to align with the EIA Regulations.

APA

Natural Justice (n.d.). NATURAL JUSTICE COMMENTARY ON THE INTENTION TO EXCLUDE THE DEVELOPMENT AND EXPANSION OF SOLAR PHOTOVOLTAIC INSTALLATIONS FROM THE REQUIREMENT TO OBTAIN AN ENVIRONMENTAL AUTHORIZATION BASED ON COMPLIANCE WITH AN ADOPTED ENVIRONMENTAL MANAGEMENT INSTRUMENT GAZETTED NO. 46871 OF 08/SEP/2022 AND THE INTENTION TO ADOPT THE NATIONAL WEB-BASED ENVIRONMENTAL SCREENING TOOL AS AN ENVIRONMENTAL MANAGEMENT INSTRUMENT (SCREENING TOOL). https://naturaljustice.org/wp-content/uploads/2022/10/Comment-on-the-Intention-to-Exclude-Solar-Photovoltaic-Energy-Installation.pdf

Chicago

Natural Justice. NATURAL JUSTICE COMMENTARY ON THE INTENTION TO EXCLUDE THE DEVELOPMENT AND EXPANSION OF SOLAR PHOTOVOLTAIC INSTALLATIONS FROM THE REQUIREMENT TO OBTAIN AN ENVIRONMENTAL AUTHORIZATION BASED ON COMPLIANCE WITH AN ADOPTED ENVIRONMENTAL MANAGEMENT INSTRUMENT GAZETTED NO. 46871 OF 08/SEP/2022 AND THE INTENTION TO ADOPT THE NATIONAL WEB-BASED ENVIRONMENTAL SCREENING TOOL AS AN ENVIRONMENTAL MANAGEMENT INSTRUMENT (SCREENING TOOL). n.d. https://naturaljustice.org/wp-content/uploads/2022/10/Comment-on-the-Intention-to-Exclude-Solar-Photovoltaic-Energy-Installation.pdf.

Wikipedia

{{cite press release |author=Natural Justice |title=NATURAL JUSTICE COMMENTARY ON THE INTENTION TO EXCLUDE THE DEVELOPMENT AND EXPANSION OF SOLAR PHOTOVOLTAIC INSTALLATIONS FROM THE REQUIREMENT TO OBTAIN AN ENVIRONMENTAL AUTHORIZATION BASED ON COMPLIANCE WITH AN ADOPTED ENVIRONMENTAL MANAGEMENT INSTRUMENT GAZETTED NO. 46871 OF 08/SEP/2022 AND THE INTENTION TO ADOPT THE NATIONAL WEB-BASED ENVIRONMENTAL SCREENING TOOL AS AN ENVIRONMENTAL MANAGEMENT INSTRUMENT (SCREENING TOOL) |url=https://naturaljustice.org/wp-content/uploads/2022/10/Comment-on-the-Intention-to-Exclude-Solar-Photovoltaic-Energy-Installation.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{naturaljusticendnatural, author = {{Natural Justice}}, title = {{NATURAL JUSTICE COMMENTARY ON THE INTENTION TO EXCLUDE THE DEVELOPMENT AND EXPANSION OF SOLAR PHOTOVOLTAIC INSTALLATIONS FROM THE REQUIREMENT TO OBTAIN AN ENVIRONMENTAL AUTHORIZATION BASED ON COMPLIANCE WITH AN ADOPTED ENVIRONMENTAL MANAGEMENT INSTRUMENT GAZETTED NO. 46871 OF 08/SEP/2022 AND THE INTENTION TO ADOPT THE NATIONAL WEB-BASED ENVIRONMENTAL SCREENING TOOL AS AN ENVIRONMENTAL MANAGEMENT INSTRUMENT (SCREENING TOOL)}}, publisher = {Natural Justice}, url = {https://naturaljustice.org/wp-content/uploads/2022/10/Comment-on-the-Intention-to-Exclude-Solar-Photovoltaic-Energy-Installation.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }