LEGAL, AUTHORISATIONS AND COMPLIANCE
INSPECTORATE
PRESENTATION TO DEA STAKEHOLDER FORUM
AUGUST 2013
OUR BRANCH
•
•
•
•
•
•
DDG: Mr Ishaam Abader
Integrated Environmental Authorisations- VACANT
Enforcement – Ms Frances Craigie
Compliance- Mr Sonnyboy Bapela
Law Reform and Appeals- Adv Linda Garlipp
Corporate Legal Support and Litigation – Ms Vanessa
Bendeman
2
COMPONENTS OF THE STRATEGIC PLAN AND APP
STRATEGIC OBJECTIVES
 Effective legal support
 Improved compliance with environmental legislation
 Potential negative impacts of all significant
developments prevented or managed
3
CD:INTEGRATED ENVIRONMENTAL
AUTHORISATIONS
• Currently consists of a staff complement of 40 officials.
• One of the key performance areas of the CD is to engage with
applicants, EAPs, organs of state and the general public during the
EIA process
• As part of this process; officials are continually engaging with
applicants and EAPs on project and / application specific matters
• The Department also engages with state-owned companies to
ensure that applications are considered in an efficient and effective
manner and to promote dialogue on strategic matters
• SMS members further engage other government departments
through the existing forums, like the WG, IDC, etc.
Table of key stakeholders: IEA
Category
Stakeholders
Engagement Modality
International
IAIA
International & Local
Conferences
Annual Treaty Meetings
Antarctica Treaty Consultative
Meeting: Council for
Environmental Protection
Organs of State
DWA & TCTA, DAFF, DoE, DoT,
DMR, DoT, DST, DTI, Transport,
DPE, DPSA, DPW, DRD& LR,
SAHRA, PRASA, PetroSA,
CapeNature
Project Specific (during EIA
process)
Table of key stakeholders: IEA
Category
Stakeholders
Engagement Modality
NGO
Birdlife SA
Earthlife Africa
WESSA
WWF
Project Specific (during EIA
process)
Department Forums
EDCC
Transnet
SANRAL
Randwater
Ezemvelo KZN
Garden Route National Park
SanParks
Isimangaliso
Monthly
Bi-monthly (2nd mnth)
Bi-monthly (2nd mnth)
Bi-monthly
Quarterly
Quarterly
Working Group 7 Meetings
Implementation Workshops
Standards Workshops
Enforcement Workshops
Quarterly
Quarterly
Quarterly
Quarterly
DEA & Provincial Authority
Quarterly
Quarterly
COMPLIANCE & ENFORCEMENT
• CD: Compliance currently consists of a staff complement of 31 officials.
• CD: Enforcement currently consists of a staff complement of 60 officials.
• Compliance and enforcement at national DEA is undertaken by 63
designated Environmental Management Inspectors or “Green Scorpions”.
• The national “Green Scorpions” form part of a network of 1681 EMIs
across the country in national statutory bodies, provincial environmental
departments and parks boards, as well as the recent addition of 23
designated local authority EMIs.
• The work of the Environmental Management Inspectorate is summarised in
an annual National Environmental Compliance and Enforcement Report
that provides an overview of inspections, investigations, administrative
actions, case law etc. in the past financial year.
CD: COMPLIANCE & ENFORCEMENT
Category
Stakeholders
Engagement Modality
International
•Interpol
•INECE (International Network of Environmental
Compliance and Enforcement)
• US/UK Environment Agencies
•International Conferences,
•Joint cross-border operations,
•International Work Programmes
National
•South African Police Service (SAPS),
•National Prosecuting Authority (NPA),
•South African Revenue Service (SARS)
•Standard Operating Procedure
(SAPS),
•Training (Justice College:
Prosecutors)
Provincial/Local
•Provincial environmental departments/parks
boards
•Municipalities
•MINTECH WGIV
Public/NGO
•Public complaints
•Environmental NGOs
•Environmental Legal Fraternity
•Regulated Community
•National Complaints 24 hr
Hotline
•Environmental Compliance and
Enforcement Lekgotla
•Industry Association Meetings
(Petroleum)
CD: CORPORATE LEGAL SUPPORT AND LITIGATION
• Currently consists of a staff complement of 15 officials.
• The key performance areas of the CD is to ensure efficient and
effective corporate legal services to the Department which
enables the department to fulfill its mandate.
• As part of this process, officials are continually engaging with
stakeholders at various levels
• We engage other with government departments, the courts,
media, the public at large, private sector, state-owned
enterprises and local municipalities
CD: CORPORATE LEGAL SUPPORT AND LITIGATION
Category
Stakeholders
Engagement
Manage Litigation by
and against the DEA
and the Minister
The State Attorneys
Office, The Department
of Water Affairs, The
Department of
Transport, SANRAL,
SANParks, Provincial
Departments dealing
with environmental
matters
Create a forum which seeks to improve
intergovernmental cooperation and to
ensure a consistent approach to
litigation matters.
Compliance with the
Promotion of Access to
Information Act,
2000(PAIA)
DEA Public entities that
report to the Minister
Ensure PAIA compliance within the
Department and co-ordinate
compliance with DEA entities
CD: LAW REFORM AND APPEALS
• Currently consists of a staff complement of 19 officials.
• The key performance areas of the CD is to ensure efficient legal
support to the law reform programme of the Department and to
ensure that appeals are effectively dealt with.
• On a quarterly basis the Advisory Committee on Environmental
Policy and Law Reform convenes. This Committee is comprised of
National and Provincial legal officers, and provides legal advice to
the Minister and MECs responsible for Environmental Affairs
through a forum called MinMec
• We engage other with government departments, media, public at
large, private sector, state owned enterprises and local
municipalities
CD: LAW REFORM AND APPEALS
The following Bills currently before Parliament:
•National Environmental Management Laws First Amendment Bill [B 13─2012]: The
First Amendment Bill proposes amendments to five Acts. Amongst others, the
proposed amendments to the National Environmental Management: Biodiversity Act,
2004 are intended to address the abuse of the permitting system with regard to the
hunting of threatened or protected species (for example rhinoceros) in the country.
•National Environmental Management Laws Second Amendment Bill [B 8─2013]: The
Second Amendment Bill proposes amendments to the National Environmental
Management Act, 1998 to provide for tighter provisions and penalties with respect to
environmental authorizations as well as the abuse of the Section 24G permitting
process by persons.
•National Environmental Management: Integrated Coastal Management Amendment
Bill, 2013: This Amendment Bill proposes amendments to the National Environmental
Management: Integrated Coastal Management Act, 2008 in order to address
implementation challenges with respect to the conservation of the coastal
environment within the country.
CD: LAW REFORM AND APPEALS
• In 2013, processing of the following Bills at Cabinet and Parliament:
• National Environmental Management Laws Amendment Bill, 2013:
The objective of the Amendment Bill is to amend the National
Environmental Management Act, 1998 in order to achieve further
alignment between the environmental legislation and the mineral,
petroleum resources development legislation.
• National Environmental Management: Air Quality Amendment Bill,
2013: The Amendment Bill proposes amendments to address
regulatory gaps with respect to the implementation of the
atmospheric emission licensing system.
CD: LAW REFORM AND APPEALS
 The National Environmental Management: Waste Bill
to address matters in the National Environmental
Management: Waste Act.
 South African Weather Services Bill: to amend certain
provisions in the Weather Services Act.
CD: LAW REFORM AND APPEALS
Category
Stakeholders
Engagement Modality
National
• National Departments: DMR, DoE, EDD, DoHS;
DWA, DAFF
•Standard Operating Procedure
(SAPS),
Provincial/Local
•Provincial environmental departments
•Municipalities
•General public
•MINTECH WG 11
•Consultation Processes
Public/NGO
•Public complaints
•Environmental NGOs
•Environmental Legal Fraternity
•Regulated Community
•National Complaints 24 hr
Hotline
•Industry Association Meetings
(Petroleum)
•Media articles
FOCUS FOR 2013
• Initiatives to maintain and improve working relationships
with SARS, SAPS and NPA
• Joint compliance and enforcement operations, both in the
“brown” and “green” subsectors, including joint inspections
with DWA and the DMR
• Roll out of EMI to local authorities has commenced –
currently approximately 30 municipal EMIs designated
FOCUS FOR 2013
• Project has been initiated to develop a Compliance and
Enforcement Strategy for the EMI, including:
– Review current C&E system, including an assessment of
the impact that the work of the EMI’s has;
– Breakdown of relevant structures, resources and capacity
within each EMI institution;
– Determination of how many Inspectors are required to
provide for effective environmental C&E;
– Development of tools to identify priorities for C&E work;
– Development of a C&E strategy which promotes cooperative governance and incorporates aspects relating to
information management and communications
FOCUS FOR 2013
• Passing of legislation already discussed
• Improving of PAIA compliance
• Green Building Contract Management
• Improving efficiency of EIA and other authorisation
processes
THANK YOU!!!!!