INDUSTRY NEWS
Green laws take no prisoners The National Environmental Management Act and its regulations provide for an environmental impact assessment to be conducted to ascertain the effect that a particular ‘listed’ activity will have on the environment. Patrick Forbes, Garlicke & Bousfield
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HIS ENABLES the authorities to make an informed decision on whether the activity should be allowed. However, what if the information placed before the authorities is incomplete or fraudulent? In a recent criminal case, the North Gauteng regional division of the Magistrate’s Court had to decide whether an environmental assessment practitioner (EAP) had been fraudulent in making representations contained within his assessment or had contravened the Environmental Impact Assessment (EIA) Regulations by submitting
incorrect or misleading information that a wetland did not exist on a site for a development when, in fact, it did. The National Environmental Management Act (NEMA) Regulations require the EAP to be “independent; and have expertise in conducting environmental impact assessments, including knowledge of the Act, these Regulations and any guidelines that have relevance to the proposed activity”. A proposed development known as the Pan-Africa Parliament required a basic assessment report (BAR) under the NEMA
Regulations. Mpofu Environmental Solutions compiled the report, which expressly stated that a “river stream or wetland does not occur within a 500 m radius of the site”. On the strength of the BAR, the Department of Environmental Affairs (DEA) granted the go-ahead to develop the site. Construction began but was later stopped owing to construction difficulties being experienced on site and concerns were raised regarding the possible existence of a wetland on site. Two criminal charges were then brought against the EAP. IMIESA OCTOBER 2011 - 69
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