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The National Environmental Management Act And The National Environmental Management Act and Environmental Impact Assessment Regulations: The Principle of “consideration of the alternative” in the case of development in the Tygerberg District, Cape Town, South Africa By Earl-Ray Smith Submitted in partial fulfilment of the requirements for the Degree of MAGISTER PHILOSOPHY in the Department of Geography, Environmental Studies and Tourism, Faculty of Arts, University of the Western Cape Supervisor: Prof D. Tevera October 2017 ______________________________________________________________________________ “I declare that The National Environmental Management Act and Environmental Impact Assessment Regulations: The Principle of the “consideration of alternative” in the case of development in the Tygerberg District, Cape Town, South Africa is my own work, that it has not been submitted for any degree or examination in any other university, and that all the sources I have used or quoted have been indicated and acknowledged by means of complete reference” October 2017 Signed : Earl-Ray Smith Date Page | ii http://etd.uwc.ac.za ______________________________________________________________________________ South Africa is a developing country whose past administration has led to the current high levels of inequality and poverty the country faces today. Development is a key aspect to growing the country’s economy and improving infrastructure, which is much needed to not only create jobs but also to reduce inequality. This thesis is about housing development within the Tygerberg District area, Cape Town, South Africa. It investigated the ‘principle of the consideration of the alternative’ as outlined within the National Environmental Management Act (NEMA) and the Environmental Impact Assessment (EIA) rules and regulations. The argument in this thesis was that finding alternative ways of undertaking development is the key to sustainable and environmentally-friendly development. Based on this argument, the study examined the roles and responsibilities of the different stakeholders with regard to housing development and environmental protection in the Tygerberg District area, using four study sites. The objective was to determine if and how alternatives were sought within the District and what the impact of the developments was on the environment, service delivery and the communities. The theoretical framework used in the study was based on EIA as a civic science and two of the five models, namely the environmental governance and participatory models. EIA is an internationally adopted policy, which was restructured to best suit South Africa’s development and environmental needs. EIA as a civic science is a belief that EIA is a tool for influencing developmental decision-making through the application of pragmatic, inclusive and purposeful forms of science. The study was situated in a qualitative research paradigm and used a participatory evaluation research design. The research participants included three different stakeholder groups. The first stakeholders’ group represented the local government in the Tygerberg District municipalities and included three ward councillors and a town planner. The second group consisted of one engineer from the City of Cape Town, an EIA consultant, and the spokesperson of a higher education Page | iii http://etd.uwc.ac.za institution. The last stakeholders group consisted of forty-one households from three of the four study sites. Two data collection methods were used – a questionnaire that was administered to the forty-one households, and individual interviews conducted with the rest of the participants. Key findings that emerged from the data analysed were that governance in the Tygerberg District municipalities was not always based on good environmental governance; the municipalities had budgetary and resources constraints that resulted in the situation where they could not adequately expand the existing infrastructure so that it could meet the increased demand on service provision that the new housing developments required; the infrastructure in all four study sites were negatively impacted and thereby created service delivery challenges for both the municipalities and the communities; and the majority of the residents in this study did not know what the term Interested and Affected Parties (I & AP) meant and as a consequence, they did not know what their rights were in terms of participating and influencing housing developments within their communities. Based on the findings, recommendations were proposed to assist the different stakeholders to work towards sustainable and environmentally friendly housing development in the Tygerberg District area. Page | iv http://etd.uwc.ac.za Alternatives City of Cape Town Communities Environment Impact Assessment (EIA) Environmental legislation Housing development National Environnemental Management Act (NEMA) Public participation Stakeholders Sustainable development Tygerberg District Page | v http://etd.uwc.ac.za First and foremost, I want to thank my Heavenly Father for making this study possible. Thank you for providing me with the health, strength and endurance to complete this journey. A special word of thanks is extended to my supervisor, Prof Daniel Tevera for your willingness to supervise me and walking this journey with me. Thank you very much for your guidance, patience and support. Many thanks to Mr Michael Dyssel, Mr Elsworth McPherson, and the former departmental secretary, Mrs Felicity De Wet for your support, guidance, patience and encouragement throughout my studies in the Department of Geography, Environmental Studies and Tourism. I love you all dearly. Thank you to the writing coaches at the post-graduate retreat. Thank you for your input, comments and advice. It assisted me to structure, focus and complete the chapters. Thank you very, very much. To all my fellow classmates, friends and extended families – thank you for your support and encouragement throughout this journey. Thank you for lifting my spirit when it was down. To my girlfriend, Justine Demas for your love, support, assistance and encouragement throughout this journey. Thank you so much for being there for me, and motivating and believing in me. Last but not least, to my family, my heartfelt thanks and appreciation to my mother, sister and brother-in-law for their love, support and encouragement along the way. Thank you very much for putting up with me and assisting me when I needed help, advice and motivation. I love and thank you all. vi http://etd.uwc.ac.za BNG Breaking New Ground (BNG) programme DBSA Development Bank of Southern Africa ECA Environmental Conservation Act EIA’s Environmental Impact Assessments I & AP’s Interested and Affected Parties IEM Integrated Environmental Management NEMA National Environmental Management Act EPHP Enhanced People's Housing Process RDP Reconstruction and Development Programme SADC Southern African Development Community Page | vii http://etd.uwc.ac.za Development The online Oxford dictionary (n.d.) defines the concept development as “the process of converting land to a new purpose by constructing buildings or making use of its resources”. In its literal sense, this definition means that the concept development has to do with a physical change in the environment of a particular area with an aim of converting it into something new. The definition however, does not include the fact that development should be sustainable, but this is the definition that is used throughout the discussions in this thesis. It is used because it provides a basis for the argument in this thesis: development should be sustainable and as such, more needs to be done in order to achieve sustainability. Sustainable development The NEMA (Act 107 of 1998) defines sustainable development as “The integration of social, economic and environmental factors into planning, implementation and decision-making so as to ensure that development serves present and future generations”. It is further stated that sustainable development requires the consideration of all relevant factors including the disturbance and degradation of the environment. Reasonable measures to prevent pollution or degradation of the environment must be taken including the identification of possible alternatives. Employees must be informed and educated about the environmental risks of their work and the manner in which their tasks must be performed in order to avoid significant pollution or degradation of the environment. Any act, activity or processes that cause pollution or degradation must be ceased, modified or controlled. This is the meaning and definition that are understood and used in this thesis. Environmental Impact Assessments (EIA’s) Sadler (1996:13) defines an EIA as “a process of identifying, predicting, evaluating, and mitigating the biophysical, social, and other relevant effects of proposed projects and physical activities prior to major decisions and commitments being made. EIA is defined and assessed as the potential physical, biological, socio-economic and health effects of the proposed project in a manner that viii http://etd.uwc.ac.za allows for a logical and rational decision to be made about the proposed action.” This is the definition that is endorsed and used in this thesis. Environmental Legislation In 1997, following the promulgation of the Environment Conservation Act (Act 73 of 1989), EIA and its ‘EIA regulations’ became a legal requirement in South Africa. The EIA application form and scoping checklist for applications in terms
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