NO EIAs FOR SOLAR ENERGY PROJECTS
UNPACKING THE SOLAR EXCLUSION NORM
In March 2024. the South African Environment Minister formally adopted the Norm for the Exclusion of the Development and Expansion of Solar Photovoltaic Facilities of Low or Medium Environmental Sensitivity.
What is the main purpose of the "Solar Exclusion Norm" ?
The primary purpose is to streamline and simplify the environmental authorisation process for solar photovoltaic (PV) facilities in South Africa. It does this by excluding certain solar PV development and expansion activities, along with associated infrastructure, from the requirement to obtain a full environmental authorisation, provided they comply with the conditions outlined in the Norm.
This initiative aims to expedite renewable energy development while still ensuring environmental protection, building on years of strategic environmental assessments related to energy technologies.
Under what conditions can a solar PV facility be exempt from requiring an environmental authorisation?
A solar PV facility, including its associated activities and infrastructure, can be exempt from needing an environmental authorisation if it meets specific criteria.
Crucially, the facility's "footprint" (the main area of the solar installation and associated structures) must be entirely located in areas identified as "low" or "medium" environmental sensitivity by the National Web Based Environmental Screening Tool.
This sensitivity rating must also be verified by relevant specialists for environmental themes such as plant species, animal species, terrestrial biodiversity, aquatic biodiversity, and agriculture.
However, linear infrastructure (like power lines or access roads) that forms an integral part of the facility can be located in areas of "very high" or "high" sensitivity, provided strict mitigation hierarchy is applied, sensitive areas are avoided where possible, and any remaining environmental impacts are deemed acceptable after mitigation by specialists.
What types of activities related to solar PV are covered by this exclusion?
The exclusion primarily applies to activities related to the development or expansion of solar photovoltaic electricity generation facilities that would typically trigger specific activities listed in the Environmental Impact Assessment (EIA) Regulations Listing Notice 1 (Activity 1 or 36) or Listing Notice 2 (Activity 1). This also includes any associated activities identified in Listing Notice 1, 2, or 3 that are necessary for the realization of such facilities.
Furthermore, the Norm explicitly covers the development or expansion of battery storage facilities that are associated with and integral to the operation of the solar PV facility.
What is a "Site Sensitivity Verification" and why is it important?
A "Site Sensitivity Verification" is a mandatory inspection process that a proponent (developer) must undertake to confirm the environmental sensitivity of the proposed solar PV facility's footprint and its associated linear infrastructure corridor.
It is crucial because it verifies the environmental sensitivity ratings (low, medium, high, very high) provided by the National Web Based Environmental Screening Tool for key environmental themes (plant species, animal species, terrestrial and aquatic biodiversity, and agriculture).
This physical inspection, conducted by registered specialists in their respective fields, ensures that development avoids highly sensitive areas or that any impacts in such areas are adequately mitigated and acceptable, thereby confirming eligibility for the environmental authorisation exclusion.
What is the process for registering a solar PV facility under this new Norm?
Before commencing any development or expansion activities, the proponent must register the proposed facility with the competent authority. This registration requires the submission of several key documents, including a completed registration form, the screening report from the National Web Based Environmental Screening Tool, evidence of a comprehensive consultation process with affected parties, the final site sensitivity verification report, written consent from the landowner, confirmation of pre-negotiation for linear infrastructure corridors, and a letter of consent from Eskom (if applicable).
Additionally, a signed environmental management programme (EMPr) and declarations of commitment and independence from the proponent, environmental assessment practitioner (EAP), environmental scientist (ES), and specialists are required.
The competent authority is expected to register the facility and issue a registration number within 10 days of receiving a complete submission.
Who needs to be consulted during the registration process for a solar PV facility?
The environmental assessment practitioner or environmental scientist, on behalf of the proponent, must consult with a range of parties potentially affected by the proposed facility.
This includes, at a minimum, adjacent landowners and occupiers, relevant conservation and biodiversity entities, non-governmental organisations focused on ecology (e.g., bird preservation), tourist and farmers associations, the relevant heritage resources authority, and the local government authority.
Additionally, Eskom must be consulted if the facility is proposed within specific distances of their main electricity transmission or distribution substations.
The consultation process involves providing detailed project information and soliciting inputs within a specified timeframe.
What happens if the requirements of the Solar Exclusion Norm are not met?
If any of the requirements outlined in the Norm are not met, the exclusion from environmental authorisation does not apply. In such cases, an application for a full environmental authorisation must be submitted in accordance with the standard Environmental Impact Assessment (EIA) Regulations, the Renewable Energy Development Zones Notice, or the Strategic Transmission Corridors Notice, whichever is applicable.
Furthermore, failure to comply with certain paragraphs of the Norm, such as those related to site sensitivity verification, consultation, or registration procedures, can constitute an offence under the National Environmental Management Act, 1998, leading to potential penalties.
