ENVIRONMENTAL ASSESSMENT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Environmental Assessment Regulations

ENVIRONMENTAL ASSESSMENT REGULATIONS

 

(section 73)

 

(29th June, 2012)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATION

 

 

 

PART I
Preliminary

 

   1.   Citation

 

   2.   Interpretation

 

   3.   Activities to which Act applies

 

 

 

PART II
Project Brief, Terms of Reference, etc

 

   4.   Project brief

 

   5.   Environmental management plan

 

   6.   Scoping exercise and report

 

   7.   Terms of reference

 

   8.   Environmental impact statement

 

   9.   Public hearing

 

 

 

PART III
Registration and Certification of Practitioners

 

   10.   Application for registration

 

   11.   Certificate of practice

 

   12.   Register for practitioners

 

 

 

PART IV
General

 

   13.   Compliance with Code of Conduct

 

   14.   Restoration into register

 

 

 

      SCHEDULES

 

 

S.I. 58, 2012.

PART I
Preliminary (regs 1-3)

 

1.   Citation

   These Regulations may be cited as the Environmental Assessment Regulations.

 

2.   Interpretation

   In these Regulations, unless the context otherwise requires "mass media" includes publicly exhibited posters, newspapers, radio, television or other electronic media used for public communication.

 

3.   Activities to which Act applies

   Subject to section 3 of the Act, activities, locations, thresholds and criteria to which the Act applies shall be as set out in Schedule 1 to these Regulations.

PART II
Project Brief, Terms of Reference, etc (regs 4-9)

 

4.   Project brief

   An application for a project brief referred to in section 6 (2) of the Act shall be in accordance with Form A set out in Schedule 2 to these Regulations, and shall be accompanied by a fee specified in Schedule 3 to these Regulations.

 

5.   Environmental management plan

   The environmental management plan referred to in section 6 (5) of the Act shall be in accordance with Form B set out in Schedule 2 to these Regulations.

 

6.   Scoping exercise and report

   The scoping exercise referred to in section 7 as read with sections 8 (2) and 73 (d) of the Act, shall be in accordance with Form C set out in Schedule 2 to these Regulations.

 

7.   Terms of reference

   The terms of reference referred to in section 8(1) of the Act shall be in accordance with Form D set out in Schedule 2 to these Regulations.

 

8.   Environmental impact statement

   The environmental impact statement referred to in section 9 of the Act shall be in accordance with Form E set out in Schedule 2 to the Regulations.

 

9.   Public hearing

   (1) The competent authority shall, in conducting a public hearing referred to in section 11 of the Act, invite comments from the public.

   (2) The public hearing shall be conducted by a presiding officer who shall be appointed by the competent authority.

   (3) The public hearing shall be convened at a venue which is convenient and accessible to persons who are likely to be specifically affected by the proposed activity.

   (4) The date and venue of the public hearing shall be advertised through the mass media for public attention.

   (5) The presiding officer may disallow frivolous and vexatious submissions likely to lead to abuse of the public hearing.

   (6) A person applying for authorisation to undertake an activity whose application is the subject of a public hearing shall be given an opportunity to respond to any submission made at the public hearing and to provide further information relating to the activity.

   (7) Upon conclusion of the public hearing, the presiding officer shall compile a report of the public hearing and submit the report to the competent authority within 10 working days from the date of the public hearing.

PART III
Registration and Certification of Practitioners (regs 10-12)

 

10.   Application for registration

   (1) An application for registration as a practitioner shall be in Form A set out in Schedule 4 to these Regulations.

   (2) A person who applies to be registered as a practitioner in accordance with these Regulations shall comply with the qualification requirements and certification criteria in Form B set out in Schedule 4 to these Regulations.

   (3) An application under this regulation shall be accompanied by a registration fee as specified in Form C set out in Schedule 4 to these Regulations.

 

11.   Certificate of practice

   A certificate of practice referred to in section 40 of the Act shall be in accordance with Form D set out in Schedule 4 to these Regulations and shall be issued subject to payment of a fee specified in Form C set out in Schedule 4 to these Regulations.

 

12.   Register for practitioners

   A register for practitioners kept by the Board referred to in section 38 of the Act shall be in accordance with Form E set out in Schedule 4 to these Regulations.

PART IV
General (regs 13-14)

 

13.   Compliance with Code of Conduct

   (1) A practitioner registered under these Regulations shall comply with the Code of Conduct of Practitioners in Form F set out in Schedule 4 to these Regulations.

   (2) The Board may suspend the registration of a practitioner who fails to comply with the Code of Conduct.

 

14.   Restoration into register

   A practitioner whose name has been removed from the register, who wishes to have his or her name restored into the register, may apply to the Board in writing, to be restored into the register.

SCHEDULE 1

 

(reg 3)

 

 

REPUBLIC OF BOTSWANA

 

Ministry of Environmental Wildlife and Tourism

 

Department of Environmental Affairs

 

Telephone: (267) 3902050
Fax: (267) 3902051/3914687
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it. 

Private Bag 0068
Gaborone
Botswana

All Correspondence to be addressed to the Director

 

 

LIST OF ACTIVITIES, LOCATIONS AND THRESHOLDS FOR WHICH AN ENVIRONMENTAL STATEMENT IS REQUIRED

 

1.   Environmentally sensitive areas-

 

   any development in national parks, game reserves, wildlife management areas, wetlands, within 1 kilometre of open surface water, flood plains, important breeding areas for fauna, within 2 kilometres of important archaeological, historical, religious or cultural sites, areas protected under legislation, hilly areas and areas containing rare or endangered flora and fauna.

 

2.   Transboundary projects-

 

   All projects that have transboundary impacts such as fences, bridges, water transfer schemes and power plants and power lines.

 

3.   Extractive and associated industry-

 

   (a)   prospecting and exploration for oil, coal bed methane, and natural gas, heavy metals and radioactive minerals;

 

   (b)   operations for the extraction of pit sand, river sand, gravel and clay;

 

   (c)   mining within a river system or wetland regardless of the size of the mining project;

 

   (d)   exploration of minerals where drilling and blasting is involved;

 

   (e)   exploitation of minerals, including quarrying;

 

   (f)   exploration, extraction and processing of hydrocarbons;

 

   (g)   mineral processing;

 

   (h)   metallurgical and chemical plants associated with mining, including cement and lime kilns manufacturing; and

 

   (i)   foundries.-

 

4.   Waste management-

 

   (a)   establishment or expansion of any of the following waste management facilities: incineration plant, recovery or recycling plant, waste disposal facility (such as landfill, dump site, etc);

 

   (b)   radioactive waste storage and disposal facilities;

 

   (c)   all sewer networks (excluding individual connections to main sewer lines) and associated manholes, sewage pumps stations;

 

   (d)   pre-treatment facilities containing hazardous waste;

 

   (e)   establishment of facilities for the storage/treatment/disposal of hazardous waste such as chemicals, (for example, obsolete pesticides or fertilizers), and asbestos or products containing asbestos, electronic equipment, batteries, fluorescent and energy saving bulbs, clinical wastes and other obsolete equipment containing hazardous waste;

 

   (f)   facilities for the treatment or processing of waste such as used tyres, used oil, waste water or polluted ground water.

 

5.   Energy industry-

 

   (a)   the construction of facilities for electricity generation;

 

   (b)   the construction of radioactive energy facilities;

 

   (c)   the construction of-

 

      (i)   petroleum service stations, consumer installations, commercial and bulk storage petroleum installations including (including storage installations for bio-fuels) with a total capacity of 23 000 litres or more,

 

      (ii)   liquid petroleum gas (LPG) marketing or commercial installations for distribution to dealers or retailers,

 

      (iii)   fixed transport structures including LPG pipelines, and

 

      (iv)   manufacturing or processing plants for the production of energy including coal to liquids, crude oil refining and coal bed methane harvesting;

 

   (d)   commercial plants for the manufacture of charcoal and coal briquettes;

 

   (e)   construction of all commercial or industrial facilities for the generation, transportation and utilisation of natural gas;

 

   (f)   installations for production of biofuels; and

 

   (g)   development of energy crop farms for bio-fuels production covering an area of 100ha or more.

 

6.   Infrastructure developments-

 

   (a)   construction of roads (primary, secondary, tertiary and access);

 

   (b)   fencing of roads;

 

   (c)   construction of fire breaks;

 

   (d)   construction of tunnels;

 

   (e)   construction of bridges over water courses;

 

   (f)   infrastructure developments inside protected areas such as aerodromes, roads, power lines, wildlife watering points and tourist facilities;

 

   (g)   construction of dams, levees, barrages, or weirs affecting the flow of river systems;

 

   (h)   construction of well-fields where abstraction of water will be 22.27 m3 or more per second/ borehole per day;

 

   (i)    intention recharging of an aquifer with any waste water;

 

   (j)   construction of canals, channels, river diversions or water transfer schemes between catchments;

 

   (k)   development of flood control schemes;

 

   (l)   construction of water pipelines and reticulation networks (excluding individual connections);

 

   (m)   construction of storm water drainage facilities;

 

   (n)   construction of telecommunication cables and networks;

 

   (o)   development of airports and airfields;

 

   (p)   installation of power lines;

 

   (q)   installation of power substations;

 

   (r)   land reclamation works;

 

   (s)   development of industrial estates;

 

   (t)   development of residential estates;

 

   (u)   development of institutional facilities (such as schools, hospitals, etc.);

 

   (v)   development of shopping centres or complexes;

 

   (w)   construction of railway lines;

 

   (x)   plants for the manufacture and assembly of motor vehicles;

 

   (y)   installations for telecommunication, broadcasting and radio transmission;

 

   (z)   establishment of cemeteries and crematoria; and

 

   (aa)   construction of facilities for storage of radioactive materials.

 

7.   Chemical, rubber and plastic industry-

 

   (a)   chemical manufacturing or processing plants;

 

   (b)   oil refining plants;

 

   (c)   plants for the manufacturing or processing of plastic and rubber;

 

   (d)   fertilizer and pesticide manufacturing or processing plants;

 

   (e)   large scale application of new pesticides and fertilizers introduced in the country for the first time ;

 

   (f)   facilities for the manufacture of pharmaceutical products;

 

   (g)   storage facilities for hazardous chemicals; and

 

   (h)   facilities for the manufacture of paints and allied products.

 

8.   Food industry-

 

   (a)   milk processing with a production output of 1 000 000 litres or more per month;

 

   (b)   manufacture of dairy juice with a production output of 1 000 000 litres or more per month;

 

   (c)   commercial brewing and malting;

 

   (d)   installations for slaughter of animals with a throughput of 50 animals or more per day; and

 

   (e)   fish processing plant - more than 100 tons a year.

 

9.   Leather and textile industry-

 

   (a)   tanneries; and

 

   (b)   textile manufacturing operations where dyes are to be used.

 

10.   Wood and paper industry-

 

   (a)   pulp and paper mills; and

 

   (b)   wood processing operations or expansion of existing wood processing operations.

 

11.   Firing ranges, manufacture and packing of gunpowder and explosives-

 

   (a)   outdoor firing ranges;

 

   (b)   installations for manufacture of explosives, arms or ammunition; and

 

   (c)   installations for storage explosives and ammunition.

 

12.   Tourist enterprises-

 

   (a)   hospitality facilities with 50 guest rooms or more; and

 

   (b)   hospitality facility in environmentally sensitive areas, including but not limited to campsites, lodges and hotels.

 

13.   Recreation related infrastructure-

 

   (a)   sports complexes;

 

   (b)   golf courses;

 

   (c)   establishment of routes or tracks for outdoor racing of motor powered vehicles such as motorcars, trucks and motorcycles; and

 

   (d)   amusement parks.

 

14.   Agricultural projects-

 

   (a)   land developments for the purpose of field crops in an area of 100 hectares or more;

 

   (b)   large scale dairy farms with stock rate of 100 or more cows;

 

   (c)   large scale feedlots with stock rate of 250 or more cattle;

 

   (d)   large scale horticulture projects in an area measuring 10 hectares or more;

 

   (e)   large scale ostrich farms with stock rate of 100 birds or more;

 

   (f)   large scale pig farms with stock rate of 50 sow units;

 

   (g)   large scale pig farms of 50 piglets or more for weaner scheme;

 

   (h)   large scale crocodile farming production systems with a total pond capacity of 400m3 or more where there is any direct discharge from the production system to the environment;

 

   (i)   establishment of game or livestock farm or ranch in an area measuring 3 600 hectares or more;

 

   (j)   large scale poultry farms with stock rate of 20 000 birds or more;

 

   (k)   irrigation of any land with waste water generated through industrial activity or by any water works;

 

   (l)   introduction of new crops, plants and animals, including Genetically Modified Organisms and Living Modified Organisms;

 

   (m)   establishment offences which are designed to control wildlife and livestock diseases;

 

   (n)   construction of fish-farming production systems with a capacity of 4 000 m3 or more; where there is any direct discharge from the production system to a receiving water body; commercial fish farming venture with an annual production of 20 tonnes or more; and fish farming production systems where exotic species will be used;

 

   (o)   establishment or expansion of logging operations covering an area of greater than 50 hectares;

 

   (p)   establishment of forest plantations, woodlots and tree nurseries of 50 hectares or more; and

 

   (q)   small scale small stock (goats and sheep) farms with stock rate of 1 000 or more.

 

15.   Programmes, policies and plans-

 

   (a)   land use and structural plans;

 

   (b)   settlement plans; and

 

   (c)   national policies, legislation and development strategies and programmes.

 

16.   Other-

 

   (a)   construction of metal processing plants;

 

   (b)   a project likely to affect any area protected by the laws of Botswana or such other regional or international laws or conventions;

 

   (c)   a project whose implementation will likely cause a public outcry or will result in the displacement of people;

 

   (d)   a project likely to give rise to particular complex or adverse effects whose management is not well understood;

 

   (e)   a project whose implementation will result in substantial use of a natural resource in a way that prevents the use or potential use of the resources for any other purpose; and

 

   (f)   any activity aimed at the modification of atmospheric precipitation.

SCHEDULE 2

 

 

REPUBLIC OF BOTSWANA

 

Ministry of Environmental Wildlife and Tourism

 

Department of Environmental Affairs

 

Telephone: (267) 3902050
Fax: (267) 3902051/3914687
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it. 

Private Bag 0068
Gaborone
Botswana

All Correspondence to be addressed to the Director

 

 

   REF: DEA/BOD/ .............................. RECEIPT No ................................. DATE......................

 

FORM A

 

(reg 4 (i))

 

PROJECT BRIEF

 

Instructions for completing the project brief:

 

The project brief is to be completed in full and submitted after payment of the application fee in accordance with section 6 (2) of the Environmental Assessment Act. Please note that the proof of payment is required at the time of submission of the application.

 

Please note that all sections of the form must be completed and additional information about the project should be attached to the form where the space provided is not sufficient (alterations of the form shall not be permitted).

 

Any person who provides false information in the project brief fraudulently is liable to a penalty under section 12 (4) of the Act.

 

To ensure that the implementation of planned activity is not delayed, the project brief should be submitted at the time when a project concept is being considered or at the prefeasibility stage of the project cycle.

 

Please note that where it is determined by the competent authority that an environmental assessment study is required, the details and certificate of practice of the practitioners whom the developer intends to deploy, shall be submitted to the competent authority by the developer prior to undertaking the environmental impact assessment in accordance with the Environmental Assessment Regulations.-

 

SECTION A:

 

Applicant details

 

Name of project: 

 

Estimated project cost: 

 

Project proponent: Contact person: 

 

Postal address: Physical address: 

 

Telephone no: Fax no: E-mail address: 

 

Project location: (Location map should be
attached

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