On 27 March 2024, the Minister of Forestry, Fisheries and the Environment (“Minister”) published the Norm for the Exclusion of Identified Activities Associated with the Development and Expansion of Battery Storage Facilities in Areas of Low or Medium Environmental Sensitivity (the “BESS Exclusion Norm”) and the Norm for the Exclusion of the Development and Expansion of Solar Photovoltaic Facilities in Areas of Low or Medium Environmental Sensitivity (the “Solar PV Exclusion Norm”), collectively, the “Norms”.

These Norms aim to:

  • Enhance the effectiveness of environmental assessment procedures,
  • Lessen the administrative burdens of granting environmental authorisations,
  • Streamline the establishment of BESS and PV facilities, and
  • Increase the generation and distribution of renewable energy, thereby alleviating the prevailing energy crisis South Africa.

The Norms exclude specific activities associated with BESS and PV facilities from the requirement to obtain an environmental authorisation in terms of the National Environmental Management Act, 1998 (“NEMA”). The exclusion only applies if the activities have not yet commenced and if the activities are to be undertaken entirely in areas of “low” or “medium” environmental sensitivity. The level of sensitivity is determined by a screening tool and verified by relevant specialists.

In order to commence activities without an environmental authorisation, a developer must submit a completed and signed registration form prepared by an environmental specialist, to the competent authority. The registration form must include supporting documents which meet the exclusion criteria, and include evidence of consultation, written consent from the landowner/person in control of the land, a screening report, a site sensitivity report and a locality map, to name a few.

It is important to note that the Norms mandate the submission of an environmental management programme (“EMP”) which addresses all the general environmental controls for both BESS and PV facilities. The EMP does not have to be approved by the Minister, however it must be compiled by an environmental practitioner and signed off by a specialist.

Transitional arrangements are provided in the Norms, for pending applications, which can be withdrawn or continued in terms of the erstwhile regulations. The streamlining of the regulatory process will introduce more renewable projects in South Africa which will not only forge the path to energy security but will also accelerate the transition to an energy future that is cleaner and more sustainable.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.