National Environmental Management Act, 1998 (Act No. 107 of 1998)

Notices

Procedures for the Assessment and Minimum Criteria for reporting on Identified Environmental Themes ito Sections 24 and 44 of the Act when applying for Environmental Authorisation

Schedule B : Environmental Themes

Biodiversity : Protocol for the Specialist Assessment and Minimum Report content requirements for Environmental Impacts on Terrestrial Biodiversity

3. Specialist Assessment and Minimum Report content requirements

Purchase

TABLE 1: ASSESSMENT AND REPORTING OF IMPACTS ON TERRESTRIAL BIODIVERSITY

1.	General information

1.1.	An applicant intending to undertake an activity identified in the scope of this protocol, on a site identified on the screening tool as being of "very high sensitivity" for terrestrial biodiversity, must submit a Terrestrial Biodiversity Specialist Assessment.

1.2.	An applicant intending to undertake an activity identified in the scope of this protocol on a site identified by the screening tool as being low sensitivity" for terrestrial biodiversity, must submit a Terrestrial Biodiversity Compliance Statement.

1.3.	However, where the information gathered from the site sensitivity verification differs from the designation of "very high" terrestrial biodiversity sensitivity on the screening tool and it is found to be of a "low' sensitivity, then a Terrestrial Biodiversity Compliance Statement must be submitted.

1.4.	Similarly, where the information gathered from the site sensitivity verification differs from that identified as having a "low" terrestrial biodiversity sensitivity on the screening tool, a Terrestrial Biodiversity Specialist Assessment must be conducted.

1.5.

If any part of the proposed development footprint falls within an area of "very high" sensitivity, the assessment and reporting requirements prescribed for the "very high" sensitivity apply to the entire footprint, excluding linear activities for which impacts on terrestrial biodiversity are temporary and the and in the opinion of the terrestrial biodiversity specialist, based on the mitigation and remedial measures, can be returned to the current state within two years of the completion of the construction phase, in which case a compliance statement applies. Development footprint in the context of this protocol means the area on which the proposed development will take place and includes any are that will be disturbed.

VERY HIGH SENSITIVITY RATING - for terrestrial biodiversity features

2.	Terrestrial Biodiversity Specialist Assessment

2.1.	The assessment must be prepared by a specialist registered with the South African Council for Natural Scientific Professionals (SACNASP) with expertise in the field of terrestrial biodiversity.

2.2.	The assessment must be undertaken on the preferred site and within the proposed development footprint.

2.3.	The assessment must provide a baseline description of the site which includes, as a minimum, the following aspects:

2.3.1.

a description of the ecological drivers or processes of the system and how the proposed development will impact these;

2.3.2.

ecological functioning and ecological processes (e.g. fire, migration, pollination, etc.) that operate within the preferred site;

2.3.3.

the ecological corridors that the proposed development would impede including migration and movement of flora and fauna;

2.3.4.

the description of any significant terrestrial landscape features (including rare or important flora-faunal associations, presence of strategic water source areas (SWSAs) or freshwater ecosystem priority area (FEPA) sub catchments;

2.3.5.

a description of terrestrial biodiversity and ecosystems on the preferred site, including:

(a)	main vegetation types;

(b)	threatened ecosystems, including listed ecosystems as well as locally important habitat types identified;

(c)	ecological connectivity, habitat fragmentation, ecological processes and fine-scale habitats; and

(d)	species, distribution, important habitats (e.g. feeding grounds, nesting sites, etc.) and movement patterns identified;

2.3.6.

the assessment must identify any alternative development footprints within the preferred site which would be of a low" sensitivity as identified by the screening tool and verified through the site sensitivity verification; and

2.3.7.

the assessment must be based on the results of a site inspection undertaken on the preferred site and must identify:

2.3.7.1.

terrestrial critical biodiversity areas (CBAs), including:

(a)	the reasons why an area has been identified as a CBA;

(b)	an indication of whether or not the proposed development is consistent with maintaining the CBA in a natural or near natural state or in achieving the goal of rehabilitation;

(c)	the impact on species composition and structure of vegetation with an indication of the extent of clearing activities in proportion to the remaining extent of the ecosystem type(s);

(d)	the impact on ecosystem threat status;

(e)	the impact on explicit subtypes in the vegetation;

(f)	the impact on overall species and ecosystem diversity of the site; and

(g)	the impact on any changes to threat status of populations of species of conservation concern in the CBA;

2.3.7.2.

terrestrial ecological support areas (ESAs), including:

(a)	the impact on the ecological processes that operate within or across the site;

(b)	the extent the proposed development will impact on the functionality of the ESA; and

(c)	loss of ecological connectivity (on site, and in relation to the broader landscape) due to the degradation and severing of ecological corridors or introducing barriers that impede migration and movement of flora and fauna;

2.3.7.3.

protected areas as defined by the National Environmental Management: Protected Areas Act, 2004 including—

(a)	an opinion on whether the proposed development aligns with the objectives or purpose of the protected area and the zoning as per the protected area management plan;

2.3.7.4.

priority areas for protected area expansion, including—

(a)	the way in which in which the proposed development will compromise or contribute to the expansion of the protected area network;

2.3.7.5.

SWSAs including:

(a)	the impact(s) on the terrestrial habitat of a SWSA; and

(b)	the impacts of the proposed development on the SWSA water quality and quantity (e.g. describing potential increased runoff leading to increased sediment load in water courses);

2.3.7.6.

FEPA sub catchments, including—

(a)	the impacts of the proposed development on habitat condition and species in the FEPA sub catchment;

2.3.7.7.

indigenous forests, including:

(a)	impact on the ecological integrity of the forest; and

(b)	percentage of natural or near natural indigenous forest area lost and a statement on the implications in relation to the remaining areas.

2.4.	The findings of the assessment must be written up in a Terrestrial Biodiversity Specialist Assessment Report.

3.	Terrestrial Biodiversity Specialist Assessment Report

3.1.	The Terrestrial Biodiversity Specialist Assessment Report must contain, as a minimum, the following information:

3.1.1.

contact details of the specialist, their SACNASP registration number, their field of expertise and a curriculum vitae;

3.1.2.

a signed statement of independence by the specialist;

3.1.3.

a statement on the duration, date and season of the site inspection and the relevance of the season to the outcome of the assessment;

3.1.4.

a description of the methodology used to undertake the site verification and impact assessment and site inspection, including equipment and modelling used, where relevant;

3.1.5.

a description of the assumptions made and any uncertainties or gaps in knowledge or data as well as a statement of the timing and intensity of site inspection observations;

3.1.6.

a location of the areas not suitable for development, which are to be avoided during construction and operation (where relevant);

3.1.7.

additional environmental impacts expected from the proposed development;

3.1.8.

any direct, indirect and cumulative impacts of the proposed development;

3.1.9.

the degree to which impacts and risks can be mitigated;

3.1.10.

the degree to which the impacts and risks can be reversed;

3.1.11.

the degree to which the impacts and risks can cause loss of irreplaceable resources;

3.1.12.

proposed impact management actions and impact management outcomes proposed by the specialist for inclusion in the Environmental Management Programme (EMPr);

3.1.13.

a motivation must be provided if there were development footprints identified as per paragraph 2.3.6 above that were identified as having a "low" terrestrial biodiversity sensitivity and that were not considered appropriate;

3.1.14.

a substantiated statement, based on the findings of the specialist assessment, regarding the acceptability, or not, of the proposed development, if it should receive approval or not; and

3.1.15.

any conditions to which this statement is subjected.

3.2.	The findings of the Terrestrial Biodiversity Specialist Assessment must be incorporated into the Basic Assessment Report or the Environmental Impact Assessment Report, including the mitigation and monitoring measures as identified, which must be incorporated into the EMPr where relevant.

3.3.	A signed copy of the assessment must be appended to the Basic Assessment Report or Environmental Impact Assessment Report.

LOW SENSITIVITY RATING - for terrestrial biodiversity features.

4.	Terrestrial Biodiversity Compliance Statement

4.1.	The compliance statement must be prepared by a specialist registered with the SACNASP and having expertise in the field of ecological sciences.

4.2.	The compliance statement must:

4.2.1.

be applicable to the preferred site and proposed development footprint;

4.2.2.

confirm that the site is of "low" sensitivity for terrestrial biodiversity; and

4.2.3.

indicate whether or not the proposed development will have any impact on the biodiversity feature.

4.3.	The compliance statement must contain, as a minimum, the following information:

4.3.1.

the contact details of the specialist, their SACNASP registration number, their field of expertise and a curriculum vitae;

4.3.2.

a signed statement of independence by the specialist;

4.3.3.

a statement on the duration, date and season of the site inspection and the relevance of the season to the outcome of the assessment;

4.3.4.

a baseline profile description of biodiversity and ecosystems of the site;

4.3.5.

the methodology used to verify the sensitivities of the terrestrial biodiversity features on the site, including equipment and modelling used, where relevant;

4.3.6.

in the case of a linear activity, confirmation from the terrestrial biodiversity specialist that, in their opinion, based on the mitigation and remedial measures proposed, the land can be returned to the current state within two years of completion of the construction phase;

4.3.7.

where required, proposed impact management outcomes or any monitoring requirements for inclusion in the EMPr;

4.3.8.

a description of the assumptions made and any uncertainties or gaps in knowledge or data; and

4.3.9.