DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM
DEPARTEMENT VAN OMGEWINGSAKE EN TOERISME
Ref: 02/1/5/2
MINISTER
QUESTION NO. 477 FOR WRITTEN REPLY: NATIONAL ASSEMBLY
A draft reply to Ms A.T. Lovemore (DA) to the above-mentioned question is enclosed for your
consideration.
Ms Nosipho Ngcaba
DIRECTOR-GENERAL
DATE:
APPROVED/AMENDED
MINISTER
DATE:
NATIONAL ASSEMBLY
QUESTION477
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NATIONAL ASSEMBLY
(For written reply)
QUESTION NO. 477
INTERNAL QUESTION PAPER NO 6 of 2009
DATE OF PUBLICATION: 10 July 2009
Ms A.T. Lovemore (DA) to ask the Minister of Water and Environmental Affairs:
Whether, her department has required the oil tank farm at the Port Elizabeth harbour in terms of section 28
of the National Environmental Management Act, Act 107 of 1998, to take any measures to rectify and/or
prevent water and land pollution; if not, why not; if so, (a) what are the details of her department’s
requirements and (b) what action will be taken by her department in the event of non-compliance with the
requirements?
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MS A.T. LOVEMORE (DA)
SECRETARY TO PARLIAMENT
HANSARD
PAPERS OFFICE
PRESS
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477.
THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:
After reviewing the information gathered during and subsequent to the compliance inspection undertaken
by Environmental Management Inspectors at Port Elizabeth Harbour on 3 October 2008, my Department
had reasonable grounds to believe that potential pollution of surface water, groundwater, soil and the
marine environment had occurred and is still occurring as a result of the tank farm.
In light of the above, my Department determined that various tenants at the tank farm, if not all, are
responsible for the environmental degradation currently occurring at the PE Harbour and that these tenants
have breached the duty of care provided for in terms of Section 28(1) of the National Environmental
Management Act, 1998 (hereinafter referred to as “NEMA”) and failed to take reasonable measures to
address these issues as required. This duty of care obliges every person who causes, has caused or may
cause significant environmental pollution or degradation to take reasonable measures to prevent such
pollution or degradation from occurring, continuing or recurring or, in so far as such harm to the
environment is authorised by law or cannot reasonably be avoided or stopped, to minimise and rectify such
degradation. Section 31A(1) of the Environment Conservation Act, 1989 (hereinafter referred to as “ECA”)
provides that directives may be issued under circumstances where a person performs any activity or fails to
perform any activity as a result of which the environment is or may be seriously damaged, endangered or
detrimentally affected.
Subsequent to the above, my Department issued Shell SA (Pty) Ltd with a pre-directive in terms of Section
28 of the NEMA, as well as Section 31A(1) of the ECA, as Shell is responsible for the management of the
tank farm and for pollution and clean-up operations associated therewith. This pre-directive instructed
Shell to provide reasons why a directive should not be issued requiring Shell to undertake certain measures
to manage the impacts of the tank farm.
My Department has recently received the requested
representations from Shell and is in the process of scrutinizing the information contained therein, in order to
determine whether or not a final directive should be issued.
a) Should a decision be made that a final directive should be issued, the directive would refer to both
short and long-term steps and measures to clean up / recover and mitigate the impacts of the
contamination in the harbour waters as well as to require further investigation, evaluation and
assessment of the impacts of the tank farm on the surrounding environment (including the watercourse
and marine environment, as well as on any surface water, groundwater and soil).
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b) As stated above, the pre-directive afforded Shell an opportunity to make representations as to why my
Department should not issue it with a final directive, which is in line with the requirements for
administrative justice. My Department has recently received said representations, as well as additional
information and an informed decision will be made as to whether or not to issue such a directive in
order to ensure that the parties implement the measures and instructions within specific timeframes. At
this stage, it is therefore premature to inform you on what steps my Department will take.
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