ENVIRONMENTAL ASSESSMENT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Environmental Assessment (Establishment of Appeals Committee) Order
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
5A. Waste management and rehabilitation 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,
S.I. 30, 2021,
S.I. 49, 2021.
PART I
Preliminary (regs 1-3)
These Regulations may be cited as the Environmental Assessment Regulations.
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)
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)(c) of the Act shall be in accordance with Form B set out in Schedule 2 to these Regulations.
5A. Waste management and rehabilitation plan
The waste management plan and rehabilitation plan provided for in section 6(5)(b) of the Act shall be in Form C1 set out in Schedule 2.
6. Scoping exercise and report
The scoping exercise provided in sections 6(10)(a), 7(1) and 8A(1) of the Act shall be in Form C set out in Schedule 2.
The terms of reference referred to in section 8(2) 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.
(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.
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.
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)
Activities that require Strategic Environmental Assessment
(a) District land use and structural plans;
(b) National policies, legislation and development strategies and programmes.
Activities that require a Statement
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Projects |
EMP |
EIA |
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Environmentally Sensitive Areas |
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Any development in national parks, game reserves, wildlife management areas, wetlands, within 0.5 km of open surface water, flood plains, important breeding areas for fauna, within 1 kilometre of important archaeological, historical, religious or cultural sites, areas protected under legislation, hilly areas and areas containing rare or endangered flora and fauna |
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all projects |
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Transboundary Projects |
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Projects that have transboundary impacts such as fences, bridges, water transfer schemes and power plants and power lines |
Power lines outside urban areas or industrial complexes with a voltage of more than 132kV and less than 230kV or less than 15km in length |
Power lines outside urban areas or industrial complexes with a voltage of 230kV and above or more than 15km |
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Extractive and Associated Industry |
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a. Prospecting and exploration for oil, coal bed methane, and natural gas, heavy metals and radioactive minerals |
when prospecting and exploration is on a freehold land |
when prospecting and exploration is on tribal or state land |
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b. Operations for the extraction of pit sand, gravel and clay |
when extraction is on a freehold land or from an existing burrow pits |
all new activities where extraction is on tribal or state land |
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c. Mining within a river system or wetland regardless of the size of the mining project |
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all projects |
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d. Exploration of minerals where geothermal drilling and blasting is involved |
when exploration is on a freehold land |
when exploration is on tribal or state land |
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e. Exploitation of minerals, including quarrying |
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all projects |
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f. Extraction and processing of hydrocarbons including coal |
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all projects |
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g. Mineral processing |
processing plants with capacity of less than 500,000 tonnes per year non-metallic mineral processing (crushing, grinding, milling or separation) when production capacity is less than 10,000 tonnes per year |
processing plants with capacity of more than 500,000 tonnes per year non-metallic mineral processing (crushing, grinding, milling or separation) when production capacity is more than 10,000 tonnes per year |
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h. Metallurgical and chemical plants associated with mining, including cement and lime kilns manufacturing |
installations with a production capacity equal or less than installations for melting mineral substances including the production of mineral fibres with a melting capacity equal or less than 20 tonnes per day |
installations with a production capacity of more than installations for melting mineral substances including the production of mineral fibres with a melting capacity exceeding 20 tonnes per day |
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i. Processing plants for smelting or alloying of non-ferrous metals, including recovered products |
foundry plants with smelting capacity below 4 tonnes per day |
foundry plants with a smelting capacity exceeding 4 tonnes per day |
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j. Ferrous metal foundries |
ferrous metal foundries with production capacity below 4 tonnes per day |
ferrous metal foundries with a production capacity exceeding 4 tonnes per day |
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k. Scrap metal recovery |
metal melting or casting: premises on which metal or scrap metal is melted in furnaces or cast when production capacity is more than 100 tonnes per year premises on which metal scrap is fragmented or melted, including premises on which lead acid batteries are reprocessed when production capacity is less than 100 tonnes per year |
metal melting or casting: premises on which metal or scrap metal is melted in furnaces or cast when production capacity is more than 100 tonnes per year premises on which metal scrap is fragmented or melted, including premises on which lead acid batteries are reprocessed when production capacity is more than 100 tonnes per year |
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I. Establishment of plants for plate and container glass manufacturing and glass fibre |
when production for plate and glass containers is more than 200 tonnes/year glass or glass fibre manufacturing: premises on which glass or glass fibre is manufactured when production capacity is less than 200 tonnes/year |
when manufacture of glass including glass fibre with a melting capacity exceeding 20 tonnes per day, or installations for melting mineral substances including the production of mineral fibres with a melting capacity exceeding 20 tonnes per day |
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m. Establishment of large scale brick moulding and ceramic products manufacturing plants; premises on which refractory products, tiles, pipes or pottery are manufactured |
when production capacity is more than 1,000 tonnes/year |
when production capacity exceeding 75 tonnes per day, and/or with a kiln capacity exceeding 4m3 and with a setting density per kiln exceeding 300 kg/m3 |
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Waste Management |
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a. Establishment or expansion of waste management facilities |
dump sites incineration plants, boilers or similar activities processing less than 50 kg/hr Waste Management Facilities (WMF) for recycling of electronic waste |
landfills incineration plants, boilers or similar activities processing more than 50 kg/hr recovery (for energy) or recycling plants |
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b. Radioactive waste storage and disposal facilities |
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all projects |
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c. Sewer networks (excluding individual connections to main sewer lines) and associated manholes, sewage pumps stations |
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all projects |
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d. Management of hazardous waste |
below 5 tons facilities for storage/pre-treatment/treatment/disposal of hazardous waste such as chemicals, (for example, obsolete pesticides or fertilisers), and asbestos or products containing asbestos, electronic equipment, batteries, fluorescent and energy saving bulbs, clinical wastes and other obsolete equipment containing hazardous waste New treatment technologies for clinical waste (e.g. converters, auto claves, microwaving etc.) |
5 tons or more facilities for storage/pre-treatment/ treatment/disposal of hazardous waste such as chemicals, (for example, obsolete pesticides or fertilisers), and asbestos or products containing asbestos, electronic equipment, batteries, fluorescent and energy saving bulbs, clinical wastes and other obsolete equipment containing hazardous waste |
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e. Facilities for the treatment or processing of waste such as used tyres, used oil |
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all projects |
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f. Facilities for the treatment or processing waste water or polluted ground water |
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all projects |
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Energy Industry |
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a. Construction of facilities for electricity generation |
thermal power stations with electricity generation of output equal to or less than 15 MW construction of facilities for electricity generation using solar with output of less than 5 MW expansion/upgrading of facilities for electricity generation |
thermal power stations with electricity generation of output more than 15 MW construction of facilities for electricity generation using solar with output of more than 5 MW |
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b. Construction of radioactive energy facilities |
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all projects |
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c. Construction of petroleum service stations |
commercial petroleum service stations and consumer installations with a total capacity of 92 000 litres or more but less than 200 000 litres |
commercial petroleum service stations with capacity of more than 200 000 litres |
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d. Bulk storage petroleum installations (including storage installations for biofuels) |
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all projects |
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e. Construction of liquid petroleum gas facilities |
(i) liquid petroleum gas (LPG) marketing or commercial installations for distribution to dealers or retailers with total capacity exceeding |
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(ii) fixed transport structures including LPG pipelines |
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f. Manufacturing or processing plants for the production of energy including coal to liquids, crude oil refining and coal bed methane harvesting |
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all projects |
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g. Commercial plants for the manufacture of charcoal and coal briquettes |
all projects |
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h. Construction of all commercial or industrial facilities for the generation, transportation and utilisation of natural gas |
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all projects |
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i. Installations for production of biofuels |
all commercial facilities with capacity of more than 20 000 litres |
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Infrastructure Developments |
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a. Construction of roads (primary, secondary, tertiary and access) |
construction of a tarred new road of less than 20 km in length construction of new gravel road of less than 60 km in length widening of existing roads by less than 6 meters or the lengthening of an existing road by more than 20 km |
construction of a tarred new road of more than 20 km in length construction of new gravel road of more than 60 km in length |
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b. Fencing of roads |
fencing of roads of less than 20 km in length not located in wildlife reserves or migration routes |
fencing of roads of more than 20 km in length fencing of roads located in protected areas and in known migration routes for wildlife |
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c. Construction of tunnels |
construction of tunnels less than 100 m |
construction of tunnels longer than 100 m |
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d. Construction of bridges over water courses |
when length is more than 100 m but less than 1 km |
when length is more than 1 km |
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e. Infrastructure developments such as aerodromes, air fields, airports, airstrips |
airstrips, aerodromes |
airports and air fields |
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f. Construction of dams, levees, barrages, or weirs affecting the flow of river |
levees, barrages, or weirs affecting the flow of river |
construction of dams with capacity of more than |
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g. Construction of well-fields |
construction of well-fields where total abstraction of water will be less than 10,000 m3 per day |
construction of well-fields where total abstraction of water will be more than |
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h. Intention recharging of an aquifer with any waste water |
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all projects |
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i. Construction of canals, channels, river diversions or water transfer schemes between catchments |
construction of canals or channels equal or longer than 250 m and shorter than 1,000 m |
construction of canals or channels equal or longer than 1,000 m |
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j. Development of flood control schemes |
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all projects |
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k. Construction of water pipelines and reticulation networks (excluding individual connections) |
water pipelines with length of less than 30 km |
water pipelines with length exceeding 30 km |
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I. Construction of storm water drainage facilities |
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all projects |
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m. Construction of telecommunication cables and networks |
local access loops and FTTx within one locality |
Backbone projects which stretches from one locality to another |
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n. Installation of power lines |
power lines outside built up areas with voltage above 66 KVs or inside urban areas with voltage above 132 KVs expansion of existing power lines when the expanded voltage will be 132 KVs or more |
power lines outside built up areas or industrial complexes with voltage of 132KV or more |
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o. Installation of power substations |
installation of power substations with voltage less than 66 KVs |
installation of power substations with voltage of |
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p. Land reclamation works |
area to be transformed larger than 5 Ha in a built up area or larger than 1 Ha outside a built up area expansions of land reclamation works when the expansion transforms a total area equal or larger than the thresholds mentioned |
area to be transformed larger than 20 Ha in a built up area or larger than 10 Ha outside built up area |
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q. Development of industrial estates |
area equal or larger than 5 Ha in a serviced area or equal or larger than 10 Ha outside unserviced area expansions of industrial estates when the expansion transforms a total area equal or larger than the thresholds mentioned |
area equal or larger than |
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r. Development of residential estates |
area equal or larger than 5 Ha in an urban area or equal or larger than 1 Ha outside an urban area expansions of development of industrial estates when the combination of the expansion phases transforms a total area equal or larger than the thresholds mentioned |
area is equal or larger than 20 Ha in an urban area or equal or larger than 10 Ha outside an urban area expansions of development of industrial estates when the combination of the expansion phases transforms a total area equal or larger than the thresholds mentioned |
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s. Development of institutional facilities (such as schools, hospitals, etc.) |
when the total area to be transformed is larger than 5 Ha inside a built up area or serviced area or larger than 1 Ha outside a built up or serviced area |
when the total area to be transformed is larger than |
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t. Development of shopping centres or complexes |
when the total area to be transformed is larger than 5 Ha inside a built up area or serviced area or larger than 1 Ha outside a serviced area |
when the total area to be transformed is larger than |
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u. Construction of railway lines |
when length is longer than upgrade or expansion of railway line to more than 10 km and less than 50 km |
when length is longer than upgrade or expansion of railway line to more than |
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v. Plants for the manufacture and assembly of motor vehicles |
when the total area to be transformed is larger than 5 Ha inside a built up or serviced area or larger than 1 Ha outside an urban area |
when the total area to be transformed is larger than |
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w. Establishment of cemeteries and crematoria |
when area is more than 2500 m2 expansion of existing cemeteries by more than 2500 m2 establishment of crematoria |
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x. Construction of facilities for storage of radioactive materials |
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all projects |
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y. Construction of subways |
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all projects |
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z. Construction camps and camping facilities |
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all projects |
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Chemical, Rubber and Plastic Industry |
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a. Chemical manufacturing or processing plants |
when quantity of processed chemicals is less than 2000 kg/month or when production capacity is less than 50,000 tonnes/year |
when quantity of processed chemicals is more than 2000 kg/month or when production capacity is more than 50,000 tonnes/year |
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b. Chemical manufacturing: premises (other than pesticide manufacturing) on which chemical products are manufactured by a chemical process |
when production capacity is more than 100 tonnes/year |
when production capacity is more than 1000 tonnes/year |
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c. Oil refining plants |
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all projects |
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d. Plants for the manufacturing or processing of plastic and rubber where a chemical reaction is involved |
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all projects |
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e. Large scale fertiliser, herbicides and pesticide manufacturing or processing plants |
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all projects |
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f. Facilities for the manufacture of pharmaceutical products |
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all projects |
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g. Bulk storage facilities for hazardous chemicals that: i. Contain at least one carbon to carbon bond; and/or are toxic, harmful, flammable, supporting combustion, corrosive, irritant, sensitising, carcinogenic, mutagenic, toxic for reproduction or hazardous for the environment ii. are liquid (or solid) at STP (standard temperature and pressure) |
when stored quantities more than 10 cubic metres but less than 1000 cubic metres in aggregate |
when stored quantities are more than 1000 cubic metres in aggregate |
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Food Industry |
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a. Milk processing |
milk processing with a production output of more than 500 000 litres to 1 000 000 litres per month |
milk processing with a production output of more than 1 000 000 litres per month |
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b. Installations of abattoirs |
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all projects |
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c. Fish processing plant |
with production capacity of more than 100 tons a year but less than 1000 tons per year |
with production capacity of more than 1000 tons a year |
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Leather and Textile Industry |
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a. Premises on which animal skins or hides are dried, cured or stored |
production or storage capacity of more than 48,000 skins or 12,000 hides per year |
production or storage capacity of more than 480,000 skins or 120,000 hides per year |
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b. Tanneries |
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all projects |
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c. Textile manufacturing operations where dyes are to be used |
all projects |
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Wood and Paper Industry |
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a. Pulp and paper mills |
all projects |
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b. Wood processing operations or expansion of existing wood processing operations |
all projects |
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Firing Ranges and Explosives |
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a. Outdoor firing ranges |
when located at less than 2 km from a populated zone |
when located at more than |
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b. Installations for manufacture of explosives, arms or ammunition or production of explosive substances |
quantity produced or stored is more than 250 kg/day |
quantity produced or stored is more than 2500 kg/day |
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c. Installations for storage or disposal of explosives and ammunition/substances |
quantity produced or stored is greater than 250 kg/day |
quantity produced or stored is greater than 2500 kg/day |
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Tourism Enterprises |
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a. Hospitality facilities |
200 or more guestrooms in an unserviced land |
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Recreation Related Infrastructure |
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a. Sports complexes |
when the total area to be transformed is larger than 5 Ha but less than 20 Ha inside a built up area when the total area to be transformed is larger than 2 Ha but less than 10 Ha outside a serviced area |
when the total area to be transformed is larger than when the total area to be transformed is larger than |
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b. Golf courses |
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all projects |
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c. Establishment of routes or tracks for outdoor racing of motor powered vehicles such as motorcars, trucks and motorcycles |
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all projects |
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d. Amusement parks |
all projects |
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Agricultural Projects |
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a. Land developments for rain-fed agriculture |
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land developments for rain-fed agriculture in an area larger than 100 Ha |
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b. Land developments for irrigated crop farming |
large scale horticulture projects in an area measuring more than 50 and less than 100 hectares |
large scale irrigated farming projects in an area measuring more than 100 hectares |
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c. Fibre and oil (biofuel) crops |
land developments for the purpose of fibre and oil (biofuel) crop production in an area less than 50 Ha |
land developments for the purpose of fibre and oil (biofuel) crop production in an area larger than 50 Ha |
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d. Large scale horticulture projects |
large scale horticulture projects in an area measuring more than 50 and less than 100 hectares |
large scale horticulture projects in an area measuring more than 100 hectares |
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e. Large scale dairy farms |
stock rate of more than 50 cows and less than 100 |
stock rate of 100 or more cows |
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f. Large scale feedlots |
with stock rate of more than 250 and less than 500 cows |
with stock rate of 500 or more cows |
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g. Large scale ostrich farms |
stock rate of more than 250 and less than 500 birds |
stock rate of 500 or more birds |
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h. Large scale pig farms |
stock rate of more than 50 sow units but less than 300 sow units |
large scale pig farms with stock rate of more than 300 sow units |
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i. Large scale pig farms of piglets for weaner scheme |
more than 500 and less than 1000 piglets for weaner scheme |
more than 1000 piglets for weaner scheme |
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j. Large scale crocodile farming production systems |
less than 4000 m3 pond capacity where there is direct discharge from the production system to the environment; or farms with a capacity for more than 200 and less than 1200 crocodiles |
more than 4000 m3 pond capacity where there is direct discharge from the production system to the environment; or farms with a capacity for more than 1200 crocodiles |
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k. Establishment game or livestock farm or ranch |
in an area measuring more than 100 hectares and less than |
in an area measuring more than 5 000 hectares |
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I. Large scale poultry farms |
with stock rate of more than |
with stock rate of more than 40 000 birds |
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m. Irrigation of any land with waste water generated through industrial activity or by any water works |
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all projects |
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n. Introduction of new crops, plants and animals, including Genetically Modified Organisms and Living Modified Organisms |
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all projects |
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o. Establishment of fences which are designed to control wildlife and livestock diseases |
When fence is more than 5 km in length but less than 20 km |
when fence is more than |
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p. Construction of fish farming systems |
with pond capacity of less than 4000 m3; where there is any direct discharge from the production system to a receiving water body; or commercial fish farming venture with an annual production of more than 20 tonnes but less than 40 tonnes |
with pond capacity of more than 4000 m3; where there is any direct discharge from the production system to a receiving water body; or commercial fish farming venture with an annual production of more than |
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q. Logging operations |
establishments covering area of more than 50 hectares but less than 500 hectares |
establishments covering an area of more than |
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r. Forest plantations, woodlots and tree nurseries |
establishments covering an area of more than 50 hectares but less than 500 hectares |
establishments covering an area of more than 500 hectares |
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s. Small stock (goats and sheep) farms |
farms with stock rate of more than 1000 |
farms with stock rate of more than 5000 |
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Others |
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a. A project likely to affect any area protected by the laws of Botswana or such other regional or international laws or conventions |
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all projects |
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b. A project whose implementation will likely cause a public outcry or will result in the displacement of people |
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all projects |
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c. A project likely to give rise to particular complex or adverse effects whose management is not well understood |
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all projects |
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d. 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 |
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all projects |
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e. any activity aimed at the modification of atmospheric precipitation |
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all projects |
SCHEDULE 2
REPUBLIC OF BOTSWANA
Ministry of Environmental Wildlife and Tourism
Department of Environmental Affairs
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Telephone: (267) 3902050 |
Private Bag 0068 |
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All Correspondence to be addressed to the Director |
REF: DEA/BOD/ .............................. RECEIPT No ................................. DATE......................
FORM A
(reg. 4(i))
PROJECT BRIEF
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