Local Government, Environmental Affairs and Development Planning

              (a) The administration of renewable energy projects is a concurrent function shared by the Western Cape Government: Department of Environmental Affairs and Development Planning and the national Department of Forestry, Fisheries and the Environment (DFFE). The provincial department serves as the competent authority for deciding on Environmental Authorisation applications in terms of the Environmental Impact Assessment (EIA) Regulations, 2014 (as amended), particularly for projects not registered with the Department of Mineral Resources and Energy (DMRE) under the Renewable Energy Independent Power Producer Procurement Programme (REIPPPP) and which are proposed to generate less than 100 megawatts (MW) of electricity. It is important to note that the majority of large-scale renewable energy applications are processed directly by the DFFE, as the competent authority in such cases.

Renewable energy developments, while critical to the just energy transition, often give rise to complex environmental considerations. These projects are frequently proposed in rural, agricultural or environmentally sensitive areas, which may be subject to high conservation value, critical biodiversity status, or cultural heritage significance. Consequently, such applications typically trigger more comprehensive environmental assessments, including specialist studies such as avifaunal, botanical, heritage, agricultural and visual impact assessments. The necessity of these assessments, while vital to sound environmental governance, can extend the statutory timeframes required for decision-making and necessitate careful interdepartmental coordination, particularly where potential land use conflicts or sensitivities are identified.

In addition, certain procedural and regulatory challenges complicate the timely processing of applications. A notable example is the tendency of some applicants to submit fragmented applications for different components of a single renewable energy project (e.g. separate applications for generation infrastructure, grid connection, and access roads). This practice can introduce inconsistencies and delays, as each application must be assessed in isolation, thereby undermining holistic environmental decision-making. These instances must often be resolved on a case-by-case basis.

(b) In support of national efforts to expedite the deployment of renewable energy infrastructure, the DFFE has introduced several key reforms aimed at streamlining the EIA process. Most notably, on 27 March 2024, DFFE published the following measures:

• The Norm for the Exclusion of the Development and Expansion of Solar Photovoltaic Facilities in Areas of Low or Medium Environmental Sensitivity (commonly referred to as the Solar PV Exclusion Norm); and
• The Exclusion Norm for Battery Storage Facilities.

These norms allow qualifying projects located within predefined low- or medium-sensitivity areas to be excluded from the requirement to obtain Environmental Authorisation, subject to compliance with the conditions set out in the relevant Norms. This regulatory alternative tool represents a significant step towards streamlining environmental requirements for renewable energy projects in strategically identified areas.

However, it must be noted that the requirement to register qualifying projects within a strict 10-day timeframe places considerable pressure on the Department, particularly in the context of existing staff shortages within the Directorate: Development Management.

Notwithstanding the above, the EIA process is not, in and of itself, a barrier to the implementation of renewable energy projects. On the contrary, applications for renewable energy facilities are routinely prioritised and processed within the prescribed timeframes, where all requisite information is submitted.

To further improve the efficiency and consistency of decision-making, the Department is considering entering into a formal agreement with the DFFE, in terms of which any subsequent applications for associated infrastructure (e.g., power lines, roads or substations) linked to an already authorised renewable energy facility, may be processed by the same competent authority that issued the original Environmental Authorisation. Such an arrangement would promote institutional continuity, reduce unnecessary duplication, and enable more integrated environmental decision-making.