AUGUST 2013 OUR BRANCH DDG: Mr Ishaam Abader Integrated - - PowerPoint PPT Presentation

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

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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

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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 Antarctica Treaty Consultative Meeting: Council for Environmental Protection International & Local Conferences Annual Treaty Meetings 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 Quarterly Quarterly DEA & Provincial Authority Working Group 7 Meetings Implementation Workshops Standards Workshops Enforcement Workshops Quarterly Quarterly 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

• f 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 co-

• perative 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!!!!!