Question NW79 to the Minister of Forestry, Fisheries and the Environment

Reply:

In terms of the Bill of Rights, included in the Constitution of the Republic of South Africa of 1996, everyone has a right to an environment that is protected and that is also not harmful to health or well- being. The Department of Environment, Forestry and Fisheries (the Department) has developed !egal instruments to ensure that this right is given effect to, which include, inter alia, the Environmental Impact Assessment Regulations, 2014 (as amended) (the EIA Regulations) promulgated in terms of the National Envionmental Management Act, 1988 (Act No. 107 of 1998) (NEMA).

Although the EIA Regulations do not address health aspects directly, other impacts associated with masts and/or towers on the eceiving environment are considered, in line with the Department's

constitutional mandate. However, in developing the 3 Listing Notices of the EIA Regulations, the Department was guided by the informed views of the Department of Health (DOH), in relation to the effects of electromagnetic fields. The directorate responsible for Radiation Control in the Department of Health is, in turn, guided by the international Commission on Non-lonising Radiation Control’s (ICNIRP) guidelines insofar as it relates to the regulation of electronic products producing non-ionising electromagnetic fields (EMF), especially from the perspective of human health.

Following an engagement with the DOH, confirmation was obtained that there is no confirmed scientific evidence that points to any health hazard associated with the very low levels of exposure that the general public would typically experience in the vicinity of a cellular base station. DOH further confirmed that it is satisfied that the health of the general public is not being compromised by their exposure to the microwave emissions of cellular base stations (which includes 5G infrastructure). The DOH deems the ICNIRP guidelines to be appropriate to manage potential radiation risks and cautioned that local and other authorities, in considering the environmental impact of any particular base station, do not need to, and should not attempt, fern a public health point of view, set any restrictions with respect to parameters such as the height of the mast, distance to the mast, and duration of exposure.

Since 2 August 2010, the development of masts or towers used for telecommunication broadcasting or radio transmission purposes has been identified as an activity requiring environmental authorisation. In the case where masts or towers exceed IS metres in height, such masts or towers are placed on a site not previously used for this purpose and are to be developed within certain identified geographical areas. Should the mast or tower not meet these criteria or fall outside any one or more identified geographical areas, environmental authorisation is not required, as the potential impact of such developments are not deemed to be significant. Environmental authorisation is also not required if they are attached to existing buildings, masts or rooftops.

?he EIA Regulations, 2014 (as amended), through the 3 Listing Notices, identify activities that may result in substantial negative impacts on the environment, and it requires that an environmental authorisation must be obtained prior to commencement with any such identified activities. The EIA Regulations further requires that an environmental impact assessment process is followed in respect of these identified activities and that applications are submitted to the Competent Authority for consideration and decision prior to the commencing with any of such identified activities that may result in substantial negative impacts on the environment. ?his means that an environmental impact

assessment process must be followed in respect of these identified activities, and applications must be submitted to the Competent Authority for consideration.

In line with Section 24(2)(a) of the National Environmental Management Act, 1998 (Act No. 107 of 1998) (NEMA), the Department has considered all the potential significant impacts associated with cellular masts on the receiving environment. Currently the development of masts or towers used for telecommunication broadcasting or radio transmission purposes has been identified as an activity requiring environmental authorisation, but only where such masts or towers:

exceed 15 metres in height;

are placed on a site not previously used for this purpose;

are to be developed within certain specified geographical areas; and

will not be attached to existing buildings, masts or rooftops.

Should the mast or tower not meet the above criteria, environmental authorisation is not required, as the potential impact of such developments are not deemed to be significant.

The Department, in developing the current enacted Listing Notices (Listing Notices 1, 2 and 3 of the EIA Regulations) was guided by the views of the Department of Health (amongst others) regarding the effects of electromagnetic fields.

The Department of Health, through its Directorate: Radiation Control, considers the World Heath Organisation and the International Commission on Non-lonising Radiation Control (ICNIRP) guidelines to be appropriate to manage potential radiation risks. The Department of Health has indicated that measurement surveys conducted in South Africa and elsewhere have shown that the actual levels of public exposure, as a result of base station emissions, are only a fraction of that of (he ICNIRP guidelines.

In a letter, dated 13 June 2020 (attached as Annexure A), on the health effects of cellular base stations and handsets, the Department of Health (DOH) confirms that presently them is no confirmed scientific evidence that points to any health hazard associated with the very low levels of exposure that the general public would typically experience in the vicinity of a cellular base station, DOH further confirmed it is satisfied that the health of the general public is not being compromised by their exposure to the microwave emissions of cellular base stations. It also clarified that local and other authorities, in considering the environmental impact of any particular base station, do not need to, and should not

akempt, from a public health point of view, set any restrictions with respect to parameters such as the height of the mast, distance to the mast, and duration of exposure.

Therefore, it is implicitly assumed that the normal engineering and security measures, which ae routinely implemented by cellular network providers at base stations, will effectively prevent reasonable members of the public from gaining close access to the actual antennas situated on any mast structue.

The Department may, should the DOH change its position in this regard, or if indeed requested by the Minister of Forestry, Fisheries and the Environment to do so, reconsider the relevant listing of cellular masts and base stations.

Regards

MS B D CREECY, MP

MINISTER OF FORESTRY, FISHERIES AND 7HE ENVIRONMENT

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