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Environmental conference to address reporting requirements

28th August 2015

By: Anine Kilian

Contributing Editor Online

  

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Training company The Intelligence Transfer Centre will host the fourth yearly Environmental Crimes Conference at the Indaba Hotel in Fourways, Johannesburg, on September 9 and 10.

Confirmed key regulatory bodies that will attend the event include the Department of Environmental Affairs (DEA), the Department of Water and Sanitation and the Gauteng Department of Agriculture and Rural Develop-ment (GDARD) to give guidelines on compliance efforts.

This year’s edition will address issues such as reporting requirements in terms of the National Environmental Management: Air Quality Act 39 of 2004, enforcement within the regulatory framework through change management, escalating environmental enforcement through strengthening collaboration between key govern-ment departments and evaluating the quality of selected environmental-impact statements for effective decision-making processes.

“Reporting requirements in terms of the GDARD include a broad mandate underpinned by various legal frameworks, ranging from agricultural, veterinary and environmental services, which carry the obligation to report administratively and technically to various government bodies, such as the Office of the Presidency, the DEA, the Gauteng Legislature and the Treasury,” says GDARD development chief director of compliance and enforcement Disebo Mashitisho, who will be speaking at the conference.

She notes that, similarly, the GDARD has the responsibility to ensure that the regulated community submits specific reports that need to be verified for compliance with environmental laws.
Mashitisho points out that there are reports which relate to emergency incidents that the regulated community are duty-bound by law to report to the authorities.

“Normally, if there is an emergency incident that is reported to the department, the requirement of the legislation is that the report details the issues around when and how the incident occurred and what measures will or have been put in place to bring restoration on the subject site or property,” she says.

Further, she explains that there are environmental audit reports that are sometimes required to be submitted to the department in relation to certain listed activities according to the National Environment Management Authority (Nema) regulations.

The requirements for the submission of such reports are expressly stated in the environmental authorisation (EA) issued by the department to applicants of development applications of certain listed activities.

“Compliance with the reporting requirements are taken seriously by the department because we believe that environmental protection and management are key and central to sustainable development, which continues to be the heartbeat of compliance and enforcement efforts in Gauteng,” she points out, adding that the GDARD often receives notification of emergency incidents which are preceded by the reports required by law in terms of Nema Section 30.

There are only a few reported incidents, she says, which do not fit the definition of emergency incidents when the submitted reports are analysed. These are automatically rejected and ultimately have to undergo a rectification process in terms of Section 24G of Nema.

“Environmental audit reports form part of the department’s monitoring protocol in line with EAs. In instances where noncompliances are detected from the industry, the environmental management inspectorates (EMIs) are compelled to exercise the powers conferred on them by law in terms of Nema Section 31L by issuing a compliance notice which would have been preceded by a precompliance notice in terms of the Promotion of Administrative Justice Act,” she says.

Mashitisho adds that South Africa relies on the so-called “Command and Control” system, which predicates deterrence on making certain activities unlawful. This method of enforcement has had its fair share of successes as well as challenges.

These challenges, she cites, propelled the environmental law enforcement agencies to pursue alternative approaches to enforcement. Alternative methods are predominantly administrative and include the directive of Section 28 of the Environment Conservation Act, which is known as “duty of care” and ensures that environmental law transgressors are held accountable for the damage caused to the environment.

She illustrates that the directive in Section 31 of Nema is very powerful, particularly in situations where an EMI believes that the environment has been gravely degraded.

This directive, notes Mashitisho, compels everyone to take care of the environment and ascertain that degradation of the environment is prevented. Further to this, a court can issue an interdict, which, in simple terms, means ordering a law offender through court action. Withdrawal of authorisation is another option if the applicant has not complied with the conditions of an EA or has repeated offences.

“Environmental protection became a fundamental human right when the new Constitution of the Republic of South Africa was promulgated in 1996. “Essentially, the duty was placed on the State to ensure that measures are put in place legislatively and otherwise to fulfil this obligation,” she concludes.

Edited by Martin Zhuwakinyu
Creamer Media Senior Deputy Editor

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