[PPT] - ENVIRONMENTAL MANAGEMENT TRAINING Defining key concepts Environment PowerPoint Presentation

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ENVIRONMENTAL MANAGEMENT TRAINING

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Defining key concepts

Environment – an exclusively ‘green’ perspective or a perspective which integrates ‘green’ issues with social, cultural and economics Green perspectives – biotic and abiotic elements of the earth: covers degradation, protection of Threatened or Protected species and ecosystems Brown perspectives – asserts human beings are integral part

f the earth system
Social – imbalances in patterns of production and consumption
Cultural resources – aesthetic, historic, spiritual value

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Legal definition of the concept “environment”

A definition has been provided in South African legislation of the environment as: “…the surroundings within which humans exist and that are made up of –

i.

the land, water and atmosphere of the earth;

ii.

micro-organisms, plant and animal life;

iii.

any part or combination of (i) and (ii) and the interrelationships among and between them; and

iv.

the physical, chemical, aesthetic and cultural properties and conditions

f the foregoing that influence human health and well-being”

National Environmental Management Act, 1998

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Environmental Management System

Deming Management Model Environmental managers – study and control processes to reach particular objectives

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Environmental managers

Public Sector Environmental Managers Private Sector Environmental Managers (Consultants)

Drive legal compliance
Exceed legal compliance
Deal with a wide range of

external parties with diverse agendas

Politics and positioning by

different interests may frame environmental management

Business reality and corporate

culture matter.

Focus is on competitive edge

and the bottom line

Environmental managers

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Environmental governance and management

 Environmental management by the public

sector – inherently complex

Fragmentation

Vertical – national, provincial and local sphere Horizontal – mandates vested in different departments

Horizontal and vertical fragmentation is

divided by both media and sector.

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Environmental governance and management (contd.)



Integration and co-operation

SA legal framework makes extensive provision for

cooperative governance :The Constitution - Chapter 3

Environmental management to be integrated: NEMA S24(b)
Intergovernmental consultation and coordination:

Intergovernmental Relations Framework Act and Infrastructure Development Act, 2014 King IV: “Disclosures in relation to the details of monitoring and

compliance inspections by environmental regulators, findings of non- compliance with environmental laws, or criminal sanctions and prosecutions for such non-compliance should be disclosed”.

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OVERVIEW: ENVIRONMENTAL LEGISLATION

Legislation Requirement Constitution S24 NEMA EIA: Basic Assessment or S/EIA NEMPAA Permit/Licences NEMBA Permit / Licences NEMAQA Atmospheric Emission Licence NEMWA Waste permit NWA WULA/GA MPRDA EMPR/ Permit NFA Permit /Licence NHA Record of Decision

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Legislation contd.

 CARA – control over agric resources to

 Promote conservation of soil + water  Combat weeds and invader plant

 Control of invasive and alien species

regs

 Provincial Ordinances e.g. Landuse

planning

 Local bylaws e.g. noise

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Checklist of Authorisations

Aspect/Question Implication

Is the requirement for an environmental authorisation triggered? Basic Assessment – listing notice (LN01; Scoping and EIA activities LN2; sensitive environments LN3 Is a water use licence authorisation required? Applicable to abstraction, activities in streams Is a waste licence required? Applicable to large volumes of waste – stored, treated or treated. Handling hazardous waste Is an atmospheric emissions licence required? Applicable to asphalt plants / emission stacks Is dust generation excessive? Dust monitoring and reporting is required Is a mining permit or right required? Applicable to all borrow pits/quarries Are there any heritage matters involved? Involve heritage specialist to determine further requirements Are there sensitive or protected areas? Involve specialist to determine need for further authorisations Is rehabilitation by re-vegetation required? Ensure acceptable species are used; involve a botanical/rehab specialist Has compliance with provincial and local policies/ordinances/by-laws been checked? Check with provincial and local authority

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 Administered by DEA under s24 of NEMA

Requires the potential impacts of listed activities to be

considered, investigated, assessed and reported on.

Two distinct process: Basic Assessment & Scoping/EIA

 Basic Assessment triggered by activities that reach

specified thresholds – Listing Notice 1

 Scoping/EIA – Listing Notice 2  Listing Notice 3: province specific to designated areas -

BA

Environmental Impact Assessment

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EIA Listed Activities (NEMA)

 Construction of a road  Construction of a bridge,  Widening of roads and bridges  Bulk storm water outlets  Infilling or depositing , dredging, excavation,

removal of material from

 A watercourse, the sea  An estuary or 100m of the high water

mark....

 Removal of indigenous vegetation

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EIA Regulations changed April’17

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NEMA EIA Regulations changes

Objectives of repeal

 Cosmetic and clarity  Process and content  Improve consistency among CA’s  Listing notices- catch all  Increase cooperation  Incorporate mining activities  Regulate assessment and evaluation

timeframes

 Include operation beyond development

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Proposed amendments to listing notices

2014 Regulations

 EA valid no longer than

10 yrs

 Application for extension

f EA 3 months prior to

the expiry

 [Amendment of impact

management outcomes in EMPr prior to an audit - notification of CA] 2017 Regulations

 No limit to validity  Apply for extension any

day before expiry date

 Holder of EA must invite

comments on the proposed amendments – 30 days of public consultation mandatory

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Amendments to listing notices - Roads

2014 Regulations



Route determination excluded; instead split into 2 and listed in LN1 (22) & LN2 (27)



The widening of a road by 6m or extending length by 1km - BA



Development of national road as defined in SANRAL & NRA 1998: reserve >30m or catering for more than one traffic lane in both directions.



The development of a road wider than 4m with a reserve less than 13m, incl associated structures.



Infilling or depositing , dredging, excavation, removal 5mᶟ of material from watercourse



Removal of 1ha to 20ha of indigenous vegetation

2017 Regulations



Listed same – reserve wider than 13.5m; where no reserve exists – road wider than 8m.



Listed same



Reference to SANRAL act deleted; new exclusion – NB where the entire road falls within an urban area; 1km or shorter.

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Listed same in LN 3

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New threshold is 10mᶟ



Listed same

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Other Environmental requirements

 Removal of protected trees (permit) –

administered by DAFF under s15(1) of National Forest Act

 Destruction, removal, disturbance of

archaeological and heritage artefacts – under chapter 2 s38 of NHRA – eg bridges, graves

EIA Process is a Helpful Tool – Not a hindrance. It provides a full decision & audit trail for all projects, & through it we can identify other requirements

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Other considerations

 Asphalt plants – scheduled process –

GNR. 201
the need should be identified as early

as possible

 Above ground storage of dangerous

goods including diesel exceeding 30 cubic meters is subject to EIA regs.

 Blasting – permits; risk assessments

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Environmental Regulation of Mining Activities

 The NEM Laws Amendment Act of 2014 came into force

n 2 September 2014. These give effect to agreement of

2008 to remove environmental regulation from the purview of DMR.

 Section 50A(2) explains the “One Environmental System”

applicable to the mining industry as agreed between the ministers of DEA, DWS and DMR as follows:

 That all environment aspects to mining aspects are

regulated through one environmental system which is NEMA

 The Minister of Env Affairs is the regulator - sets the

regulatory framework and norms and standards

 The Minister of MR issues EA’s in terms of NEMA and the

Minister of Env. Affairs is the appeal authority for these EA’s.

 That all three ministries agree to fixed timeframes and agree

to synchonise the timeframes

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Implications on borrow pits and quarries permitting

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Proposed amendments to listing notices

Basic Assessment LN1

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Proposed amendments to listing notices

Full S&EIA – LN2

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WATER USE AUTHORISATIONS

 process administered by DWA under s21 &

22 of National Water Act

 Two types – GA and WUL  Trigger is river crossings, working in a

wetland

Bridges and culverts: widening and new
all works that affect wetlands

 SANRAL/DoT’s and municipalities are covered by

GA - require registration of WU only = SANRAL

Drainage Manual or similar norms and standards  Abstraction – water for construction require

different application.

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CHALLENGES – ADMIN TYPE

 Scope of Work – define well; include

culverts

 EMP: specific, brief and to the point  Timelines – process (EAP); authority  Quality control, PM/Engineer input critical  Non-compliance with listed activities/work

without authorisation

 Non-compliance with conditions of

authorisation and EMP

 Notifications – before, after construction  Appointments – ECO, DEO

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CHALLENGES - SITE

 Waste management – permitted vs

fficial landfill sites

 Hazardous substance storage & disposal  Alien plants  Interpretation/terminology e.g. spoil  Water for construction – sources,

monitoring, etc.

 Records e.g. Audit reports

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CONSEQUENCES OF NON-COMPLIANCE

 Revocation of regulatory exemptions  Reputation  Directives

 Administratively burdensome

 Fines

 Budget  Reputation

 Imprisonment