THE NEMA AMENDMENT BILL 2007 Improving the effectiveness

THE NEMA AMENDMENT BILL, 2007 Improving the effectiveness of Environmental Management Inspectors

Overview OVERVIEW • Short summary of achievements of Environmental Management Inspectorate (“Green Scorpions”) • Brief overview of NEMA Amendment Bill, 2007

THE ENVIRONMENTAL Overview MANAGEMENT INSPECTORATE • As at 6 March 2008, there are 866 designated EMIs across country: – – – – – DEAT and all national parks Free State KZN Western Cape Gauteng Limpopo Mpumalanga Northern Cape Eastern Cape Northwest • Soon also in municipalities 679 10 53 29 32 20 10 12 15 6

THE ENVIRONMENTAL Overview MANAGEMENT INSPECTORATE • Unprecedented cooperation between EMIs: – Standard Basic Training for all EMIs – Annual National Enforcement Report with statistics – Standard operating procedures and protocols, including Referrals Protocol – Quarterly meetings through MINTECH Working Group IV – Single brand logo – National liaison with SAPS and NPA

EXAMPLE OF COOPERATION: OPERATION Overview FERRO and NATIONAL REFINERIES ENVIRONMENTAL COMPLIANCE PROJECT • First two national strategic compliance & enforcement projects • Joint project between DEAT, provinces and municipalities – joint compliance inspections at prioritised facilities in the iron and steel, ferroalloy and refineries industries, and joint enforcement action • 11 joint baseline compliance inspections were completed, 7 inspection reports issued, enforcement action taken in 2 cases, with indicators of positive change to follow; planning for enforcement action in a number of other cases are underway. • Major capacity and relationship-building exercise for EMIs in all three spheres of government – noticeable increase in compliance and enforcement activities in provinces • Expanding to cement and paper & pulp sectors in 2008

OBJECTS OF THE BILL To amend NEMA and other pieces of national environmental legislation to provide for more effective compliance and enforcement thereof, by: • Ensuring a comprehensive legislative mandate for Environmental Management Inspectors (EMIs); • Clarifying the status of EMIs as peace officers for the purposes of enforcing NEMA and specific environmental management Acts (SEMAs); • Adding a penalty for the criminal offence of failing to comply with a compliance notice; and • Rectify certain incorrect cross-references in the Environmental Conservation Act (ECA) relating to the illegal discarding/disposal of waste.

1. COMPREHENSIVE MANDATE FOR EMIS • Currently three pieces of legislation that EMIs can enforce: 1. NEMA 2. Biodiversity Act 3. Protected Areas Act • Potential mandate excludes pollution and waste contraventions • Bill proposes to include in the mandate of EMIs: – Atmospheric Pollution Prevention Act (until AQA fully commences) – Environment Conservation Act (until repealed) – those provisions of NEM: Air Quality Act in effect

2. EMIs AS PEACE OFFICERS • Currently NEMA provides that EMIs have, in addition to their Chapter 7 powers, all the powers assigned in terms of chapters 2, 5, 7 and 8 of the Criminal Procedure Act, to a police official who is not a commissioned officer • This clause does not expressly provide for EMIs to be peace officers, causing uncertainty • Bill clarifies this position by providing that EMIs are regarded as peace officers for the purposes of enforcing NEMA or SEMAs within the area of jurisdiction for which they have been designated • Clause drafted in consultation with the Departments of Safety and Security; and Justice and Constitutional Development

3. PENALTY FOR FAILING TO COMPLY WITH A COMPLIANCE NOTICE • NEMA states that it is a criminal offence not to comply with a compliance notice, but does not set an accompanying penalty (either in the form of a fine or imprisonment) • Bill includes a maximum penalty of R 5 million and/or 10 years imprisonment for the criminal offence of failing to comply with a compliance notice (consistent with section 24 F NEMA)

4. RECTIFICATION OF INCORRECT CROSS-REFERENCES IN ECA • 2003 amendment to the Environment Conservation Act (ECA) provided for the transfer of the administration of waste disposal sites from DWAF to DEAT • ECA Amendment included new section 20 (waste management), but section 29 (4) (offences and penalties) was not updated to refer to the correct subsections of section 20 • Bill seeks to rectify this oversight by amending ECA to refer to the correct subsections i. e. 20(8) and 20(9) instead of 20(5) and 20(6)

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