On 4 December 2023, the Department of Forestry, Fisheries and the Environment, published amendments which impact applications for environmental authorisations (“EAs”) for new renewable energy facilities.
These amendments impact all new renewable energy facilities both under private and public procurement programmes. Given the recent changes in the energy sector focusing on project readiness as a condition to connect to the grid, it is of vital importance that you are aware and understand the impact of these changes on your EAs.
Will it apply to your project?
The new requirements will apply your project is located:
- within 2km of a main electricity transmission substation or
- 1km of a main electricity distribution substation.
The new requirements apply only to new – not existing, EA applications.
What are the new requirements?
- You are now required to request and obtain a consent letter from Eskom which confirms that the proposed layout of the facility will not unnecessarily obstruct access to the transmission or distribution infrastructure.
What do you need to do?
- If you demonstrate you have made application to Eskom for a consent letter, and Eskom does not respond in 45 days, then the Department will assume Eskom has no object.
- It is imperative that you then have a proper record of the application, and that you have conduct follow-ups with Eskom.
For more insight into the EA application process, project readiness requirements and how you go about meeting these new conditions, contact your LnP Beyond Legal project development experts:
- Nikita Lalla: Nikita.Lalla@lnpbeyondlegal.com
- Ricardo Pillay: Ricardo.Pillay@lnpbeyondlegal.com
LnP Beyond Legal