Compliance and Enforcement in Environmental Legislation Awelani - - PowerPoint PPT Presentation

Compliance and Enforcement in Environmental Legislation Awelani Mkhize

01 October 2018

Empowering Legislations

Constitution of the Republic of South Africa 1996

• Constitution: Sec 24 “Everyone has the right to have the environment protected, for the benefit of

present and future generations, through reasonable legislative and other measures…” Framework Legislation:

• National Environmental Management Act 107 of 1998
• Criminal Procedure Act 51 of 1977 ( Chapter 2,5,7 and 8)

SEMA’S: Specific Environmental Management Acts:

• National Environmental Management Protected Areas Act 57 of 2003
• National Environmental Management Biodiversity Act 10 of 2004
• NEM:WA, NEM:ICMA and NEM:AQA

Regulations:

• Convention on International Trade in Endangered Species Regulations (CITES)
• Threatened or Protected Species Regulations (TOPS)
• Alien And Invasive Species Regulations (AIS)

Provincial Ordinance’s

MAIN PRESSURES MAIN PRESSURES

• Habitat loss & degradation
• Invasive alien species
• Illegal wildlife trade
• The unsustainable use / overexploitation of resources
• Climate change
• Desertification, land degradation and drought
• Pollution

WILDLIFE WILDLIFE CRIME CRIME

SCALE SCALE Fauna: $7 Fauna: $7 - $23 billion $23 billion annual annually ly Flora: $30 Flora: $30 - $100 billion $100 billion annual annually ly

THREAT THREAT FINANCE? FINANCE? SIGNIFICANT SIGNIFICANT THREAT THREAT RESPONSES RESPONSES SUCCESSES SUCCESSES & PROGRESS PROGRESS

SUSTAI SUSTAINABLE NABLE DEVELOPM DEVELOPMENT ENT

WILDLIFE WILDLIFE TRAFFICKING TRAFFICKING

CITES: Convention on International Trade in Endangered Species of Wild Fauna and Flora

• The purpose of CITES is to ensure that wild fauna and flora in international trade are not

exploited unsustainably

• CITES is an international convention that combines wildlife and trade themes with a legally

binding instrument for achieving conservation and sustainable use objectives

• This framework and common procedural mechanism are now used by 183 countries to

regulate and monitor international trade in listed species

• CITES was signed on 3 March 1973, and entered into force on 1 July 1975.

CITES has been in operation for over 40 years

Appendix III: Species for which a country is asking Parties to help with its protection Appendix II: Species not necessarily threatened with extinction, but for which trade must be controlled to avoid their becoming so, and species that resemble species already included in Appendix II Appendix I: Species threatened with extinction, which are or may be affected by trade

CITES Appendices

Pangolin Black Rhino Leopard Cycad Elephant Ivory Lion Aloe Vulture Seahorse Chameleon Kalafong Beetle

Restricted Activities

Hunting Picking / Gathering Capturing Importing Conveying Exporting Growing

Alien and Invasive Species Regulations

Antilope cervicapra Indian Blackbuck Dama dama Fallow Deer Solanum mauritianum Bug Weed Acacia mearnsii Black Wattle

Categories of Listed Invasive Species

Category 1a Listed Invasive Species (Kangaroo thorn, Carolina)  Take immediate steps to combat or eradicate listed invasive species. Category 1b Listed Invasive Species (Jacaranda, Morning Glory, most wattles)  Control the listed invasive species.  Comply with any Invasive Species Management Programme. Category 2 Listed Invasive Species  Require a Permit to carry out a restricted activity within specified area.  Must ensure that the specimens of the species do not spread outside of the land or the area specified in the Notice or Permit.  Specimens that occur outside the Permitted area or conditions are then Category 1b species. Category 3 Listed Invasive Species  Subject to exemptions and prohibitions, as specified in the Notice.  Any Category 3 plant specimen in riparian areas is to be a Category 1b species.  Comply with any Invasive Species Management Programme.

Alien Species

(1) A Person may not carry out a restricted activity involving a specimen of an alien species without a permit issued in terms of Chapter 7. (2) A permit referred to in subsection (1) may be issued only after a prescribed assessment of risks and potential impacts on biodiversity is carried out.

Caiman Gooty’s Tiger Turkey

Invasive Species

Possession Breeding

TRANSPORTING

Importing

The aim is not to know everything, but to identify that which is suspicious…

Common Species and Smuggling Techniques

Ivory

Elephant Ivory Hippo Ivory

Ivory

Ivory

Schreger Lines

White or Black? Actually neither?

Rhino & Rhino Horns

3 easy steps: Drop Test: Burn / Smell Test: Light Test:

Rhino Horn Field Test

Pangolin

Pangolin Trade

Pangolin Trade

Cordylus giganteus Oufolk Bitis schneideri Namaqua Dwarf Adder

Reptile Trade

Bird Trade

Cycad Trade

Muti Trade

Smuggling Using Vehicles

Smuggling on Person

Smuggling with Pack Animals

Animals can be used to smuggle goods over the border. Pay attention not to only search the smuggler but also the donkeys

Penalties

• (1) A person convicted of an offence in terms of section 101 is liable to a fine not

exceeding R10 million, or an imprisonment for a period not exceeding ten years, or to both such a fine and such imprisonment

Charges

• Possession of TOPS Species = Section 57(1) of NEMBA
• Import or Export of CITES Species = Section 57(1A) of NEMBA
• Possession or Transport of AIS Species = Section 71 of NEMBA

Questions?

Awelani Mkhize : +27 11 3903687/ 011 3902311 083 683 4297 amkhize@environment.gov.za