The 2018/19 financial year continued to display a similar pattern to previous years in terms of the most prevalent types of environmental crimes being detected by various environmental management inspectors (EMIs), better known as the Green Scorpions.

The Department of Environment, Forestry and Fisheries (DEFF) on Tuesday released its 2018/19 National Environmental Compliance and Enforcement Report (Necer), outlining the work done by the Green Scorpions in the past financial year.

The report discusses activities that were undertaken to ensure an environment that is not harmful to the health and wellbeing of the people who live in South Africa.

There are currently 3 058 EMIs working for 18 entities, including the environmental national department and provincial and local government departments, as well as South African National Parks.

They have a broad legal mandate that covers the green (biodiversity/protected areas), brown (pollution, waste, impact assessment) and blue (integrated coastal management) subsectors.

The report found that, for the brown subsector, the unlawful start of environmental-impact-assessment- (EIA-) listed activities continued to be the most common crime.

In the green subsector, illegal hunting and illegal entry to national parks and other protected areas continued to be the predominant environmental crimes.  

Further, in the reporting year, national government and the Limpopo department of environment responded to 534 incidents relating to the illegal possession of alien and invasive plant species and picking of indigenous plants without permission.

Proactive compliance monitoring and enforcement work continued in priority sectors across the country, with 4 530 inspections having taken place during the past year. These sectors included the ferroalloy, steel and iron sectors, refineries, power generation facilities and identified landfill sites.

The DEFF says the level of compliance with the National Atmospheric Emission Inventory System and the Air Quality Act was reported to be as low as 25% at the end of February 2018.

To increase the level of compliance, the Green Scorpions issued 792 warning letters in the reporting period across different sectors, which led to levels of compliance rising to 80% in March 2018.

These focused campaigns were undertaken in relation to crematoria, brick manufacturers, lime production facilities and other facilities required to submit climate change pollution prevention plans.

In support of Operation Phakisa: Oceans Economy, the Green Scorpions took part in a number of focused joint operations in the maritime environment. 

The work of the Joint Compliance and Enforcement Programme of Phakisa, involving multiple law enforcement entities, resulted in the confiscation of abalone worth more than R21.3-million and rock lobster worth more than R675 000. 

Equipment used in illegal activities worth more than R5-million, as well as other illicit goods, including drugs, were confiscated during the raids.

REPORT IN NUMBERS

The latest Necer indicates a decrease in the number of criminal dockets registered by the Green Scorpions, from 1 257 in 2017/18 to 1 028 in 2018/19, alongside a slight decrease in the number of dockets – to 424 – that were finalised and handed to the National Prosecuting Authority for prosecution.

A total of 820 people were arrested in the reporting period.

The value of the total number of admission of guilt fines increased to R312 930 in the past financial year, while the value of Section 24G administrative fines almost halved to R5.9-million, in respect of activities started in the absence of the necessary environmental authorisations.

To ensure compliance with environmental laws, 4 530 facilities were inspected. 

During these inspections 5 263 noncompliances were detected – 5 037 for brown infringements, 12 in the blue sector and 214 in the green sector. 

Of these, 735 were reactive and were triggered by complaints. A total of 2 453 were based on environmental authorisations and permits, while 1 215 were considered routine inspections on prioritised sectors.

Environmental authorities across the world are currently experiencing challenging times given the status of the global economy.

DEFF says this situation is exacerbated in developing countries, where the key priorities of government are focused on economic growth, job creation and infrastructure development.

“This requires environmental authorities to develop innovative strategies to ensure that environmental compliance and enforcement support these priorities, while at the same time, instilling an appropriate level of respect amongst the regulated community for environmental law.”

In developing a cohesive response in this balancing act, environmental authorities across all spheres of government in South Africa, and including the blue, green and brown subsectors, need to unify to meet the challenges that face them in an uncertain and dynamic future.

In this regard, DEFF states the country can learn many valuable lessons from other African countries, which face similar socioeconomic obstacles; and yet find ways to deliver effective compliance and enforcement services to their citizens.