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Ref: 02/1/5/2
MINISTER
QUESTION 138 FOR WRITTEN REPLY: NATIONAL COUNCIL OF PROVINCES
A draft reply to Ms B V Mncube (ANC-Gauteng) to the above-mentioned
question is enclosed for your consideration.
Mr Fundisile Mketeni
DIRECTOR-GENERAL (ACTING)
DATE:
DRAFT REPLY APPROVED/AMENDED
MRS B E E MOLEWA, MP
MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS
DATE:
NATIONAL COUNCIL OF PROVINCES
(For written reply)
QUESTION NO. 138
INTERNAL QUESTION PAPER NO.11 of 2013 CW193E
DATE OF PUBLICATION: 03 May 2013
Ms B V Mncube (ANC-Gauteng) to ask the Minister of Water and Environmental
Affairs:
Whether she (a) is putting any measures in place and (b) will introduce
legislation that will deal with environmental and water polluters in order
to (i) stop the polluting of the environment, (ii) trace those who have
done it, (iii) make them pay for the damage that has been done and (iv)
rehabilitate the environment; if not, why not; if so, what are the relevant
details?
Ms B V Mncube (ANC-Gauteng)
SECRETARY TO PARLIAMENT
HANSARD
PAPERS OFFICE
PRESS
THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:
a) Numerous measures are already in place to deal with environmental
polluters. The work of the Environmental Management Inspectorate (EMI)
(the Green Scorpions) specifically focuses on compliance and
enforcement functions to address environmental pollution. Both
administrative and/or criminal enforcement actions are taken in
response to findings of non-compliance with the legal requirements and
to address pollution and compel remediation of the environment.
Proactive inspections are undertaken in relation to key sectors (for
example: the ferro alloy, iron and steel sector; paper and pulp
sector; hazardous waste sector; as well as refineries) that have the
potential to cause pollution, as well as in relation to prioritised
authorisations issued by the Department. Joint operations with the
provinces are also undertaken through Working Group IV (which focus on
environmental compliance and enforcement) to address certain
activities that are resulting in environmental degradation.
In addition to the above, the Department has a focused training
programme which includes the training of the environmental management
inspectors as well as training of prosecutors (and awareness raising
for magistrates) in relation to dealing with environmental cases,
including those that involve pollution. There is ongoing liaison with
the National Prosecuting Authority and the Asset Forfeiture Unit in
relation to more effective investigation and prosecution of these
offences to ensure that the responsible persons are punished and the
environment is rehabilitated.
The Department, together with the provinces, has also recently
embarked on a project to develop a comprehensive and effective
National Environmental Compliance Monitoring and Enforcement Strategy
for the EMI. The work that will be undertaken to develop the strategy
will provide the Department, as well as the other institutions falling
within the EMI, with an important tool that will provide a holistic
view of the current environmental compliance and enforcement
capability and needs as set out in the legislation; guidance on how
we, as environmental authorities, can respond and ensure effective
compliance and enforcement; and mechanism for prioritising future
compliance and enforcement activities and setting national priorities.
b) Apart from existing legislation, the National Environmental Management
Act (NEMA) and suite of environmental legislation have been amended
over the years and contain extremely effective provisions to
effectively undertake enforcement action and to ensure that the
inspectors and prosecutors have the required mechanisms to make the
polluters pay for the damage done and rehabilitate the environment.
Recent amendments to the NEMA, which are currently with the Portfolio
Committee, also strengthen the Departmentâs ability to take action
against environmental polluters by amending section 24G and section 28
of the NEMA. It should also be noted that the Department is in the
process of developing norms and standards in terms of the National
Environmental Management: Waste Act (NEM: WA) and once these have been
finalised (towards the end of 2013), it will bring into effect Part 8
of the NEM: WA which provides additional mechanisms to facilitate the
remediation of contaminated land.
i) The measures aimed at stopping pollution of the environment are
indicated above.
ii) The EMIâs work involves identifying and prosecuting polluters as
indicated above.
iii) Attempts are being made by the Department to ensure that
polluters are required to pay for damage caused. This could take
the form of administrative fines as well as criminal sanctions
in the form of fines and / or, for example, the judgement
recently granted under the Prevention of Organised Crime Act,
Act 121 of 1998 (POCA), which has previously been used by South
African conservation authorities to deprive offenders of the
benefits obtained in many wildlife-related crimes.
iv) Rehabilitation is also an option open to the Department to
ensure that illegal activities are dealt with and that the
environment is protected.
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