Climate Change: Draft Licensing Guidelines
Brought to you by SA Legal Academy: The Department of Forestry, Fisheries & the Environment has released a revised set of draft guidelines for integrating climate change considerations into environmental and licensing applications.
In terms of the National Environmental Management Act, No. 107 of 1998 (NEMA), the National Environmental Management: Waste Act, No. 59 of 2008, and the National Environmental Management: Air Quality Act, No. 39 of 2004, the Department of Forestry, Fisheries & the Environment (DFFE) has called for public comments on draft guidelines affecting specific regulatory applications. The proposed framework aims to ensure that climate change implications and resilience are factored into development project planning from the earliest stages.
The revised draft incorporates feedback received following the publication of an initial draft in June 2021. These guidelines apply to the following application processes:
- Environmental authorisations;
- Waste management licences; and
- Atmospheric emissions licences.
The DFFE has set a deadline of 23 November 2025 for the submission of written representations or comments on the draft guidelines. Once finalised, these guidelines will standardise the assessment of greenhouse gas emissions and climate change adaptation strategies within the environmental impact assessment (EIA) process.
What this means for you, your business, or your clients
- For yourself: Monitor the finalisation of these guidelines to ensure that any professional opinions provided on environmental compliance reflect the updated climate assessment standards.
- For your business: Review and adjust project lead times for new developments to account for the more intensive data collection required for climate change impact assessments.
- For your clients: Advise clients that failure to integrate climate change adaptation strategies into early-stage project design may result in delays or refusals of environmental authorisations and related licences.
Originally published at https://legalacademy.co.za/news/read/climate-change-input-sought-on-licence-authorisation-application-guidelines