The Environmental Management EPISODE Inspectorate 3 AQG Lekgotla, umhlanga, KZN 07 October 2014

Transcription

1 PROGRESS ON THE DESIGNATION OF EMIS: The Environmental Management EPISODE Inspectorate 3 AQG Lekgotla, umhlanga, KZN 07 October 2014 Legislative Framework Mark Jardine Challenges, Achievements and Lessons Learnt Director: EMI Capacity Development and Support Department of Environmental Affairs and Tourism DWAF/DEAT Meeting 12 August 2008

2 The Municipal Trilogy Episode 1: The Municipal EMI: (AQGL: Gauteng: October 2009) Episode II: Training and Designation of Municipal EMIs: (AQGL: Limpopo: October 2010): ; Episode 3: Progress on the Designation of EMIs: (AQGL: October 2014, KZN).

3 Quick Recap of Episode 1: The Municipal EMI: May 2005: NEMA is amended to create the EMI; 2007: Compliance and Enforcement sector starts to think about the role of local authorities feasibility study (Gauteng) concept document (National)

4 Episode 1: The Municipal EMI: (cntd) July-December 2007: first round of local authority officials attend EMI Basic Training (42); 2008: initial meeting with the HPCSA to explore the potential links between EHPs and EMIs; May 2009: DEA sources NORAD funding and sends invitation to local authorities listed in Table 24 NAQ Framework

5 Episode I1: Training and Designation of Municipal EMIs ( ) January 2010 Multi-stakeholder Workshop: Attendees: 1 national and 9 provincial environmental authorities; 17 local authorities; DOH, HPCSA and SAIEH; Invitations to SALGA and COGTA. Agenda: Breakaway groups to discuss national guideline; Joint strategic compliance inspections; S30 NEMA Emergency Incidents; Referral of environmental complaints and incidents; Provincial action plans re: municipal EMIs

6 Episode II: January 2010 Workshop The (main) debating points: EHP and the EMI; Human and Financial Resource variation amongst the local authorities (metro v rural); Training: cost and application of RPL; Municipal structures/functions: environmental health and environmental management; Designating authority: Minister, MEC, Mayor; Ongoing role of national and provincial authorities.

7 Episode I1: Training and Designation of Municipal EMIs ( ) 2010: Continued training of local authority EMIs (UNISA: first semester = 10, second semester = 12); Consultation of national guideline with DEA s local government support section; June 2010: EMI-EHP Task Team engage in a comparison between EMI and EHP training programmes

8 EMI-EHP comparison Key Findings Content: EHP course is a scientific, technical course with a flavour of law enforcement v EMI course is a law enforcement course with a flavour of science/environmental; EMI caters for on-the-job training v EHP Diploma: full time students; EMI most similarities with subjects in Management Practice III and the peace officers course.

9 And Now Presenting Episode III: Progress on the Designation of EMIs:

10 Episode III: Progress on the Designation of EMIs: February 2011: Minister sends letters to the MECs: Informing MECs that they would be the interim designating authority for EMIs; enclosing the Draft National Guideline and the Implementation Protocol (IP)Template; requesting the appointment of a WGIV EMI Local Authority Provincial Nodal Point; requesting that the conclusion of IP be prioritised in order to commence with designation.

11 Episode III: Progress on the Designation of EMIs: March 2011: in response to Ministerial letters, MINTECH WGIV agrees on an Implementation Project plan that is aimed at providing the names of the EMI Local Authority Provincial Nodal Points; setting out the standard procedure to be followed in the implementation of the project.

12 EMI Local Authority: WGIV Project Plan Deliverable Activity undertaken/to be undertaken Timeframe Status Responsibility STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement 1.2 National Guideline for Local Authority EMI Roll Out 1.3 Provincial Nodal Points nominated for project Multi-stakeholder workshop held with various national, provincial and local authorities Consultation with local authorities through DEA ASD: Local Government Support, MINTECH WGIV, MINTECH and MINMEC approval MINTECH WGIV members listed as provincial nodal points Jan 2010 Completed DEA Dec 2010 Completed DEA Mar 2011 Completed DEA

13 EMI card printer (TBC) EMI Local Authority: WGIV Project Plan Deliverable Activity undertaken/to be undertaken Timefram e Status Responsibility STAGE 2: IMPLEMENTATION OF A PROVINCIAL DESIGNATION SYSTEM FOR LOCAL AUTHORITY EMIS 2.1 Implementation Protocol (IP) Communication from MEC to Executive Mayors/Councils re: nature and purpose of the IP (letters, MEC-MMC forums etc.); To be done Provincial nodal points Identify Responsible Persons in terms of the IP (same as provincial nodal points?); Send draft IP to Legal Services sections for vetting; 2.2 Designated local authority EMIs Signature of the IP between the MEC and the Executive Mayor prior to any designation Identify local authority officials that have already received EMI Basic Training; Develop local authority EMI register to capture all designated municipal EMIs plus report to national DEA for overall national register; Provincial and local responsible persons to agree on mandate and grade to be designated (re: Annexure to National Guideline); Preparation and signature of local authority EMI designation letters;

14 Deliverable Activity undertaken/to be undertaken Timefram Status Responsibility EMI Local Authority: WGIV e Project Plan STAGE 3: PROVINCIAL COMPLIANCE AND ENFORCEMENT SUPPORT PROGRAMME 3.1 Operational Undertaking of joint provincial and local authority compliance and To be done Provincial nodal and Capacity- enforcement operations (inspections, investigations etc.), points Building Support especially in the less capacitated local authorities; for Local Authority EMIs Convening of regular WGIV-type meetings with provincial and local environmental authorities; 3.2 EMI EMI Code of Conduct; To be done Provincial nodal Information Toolkit for local EMI Corporate Identity Manual; points authorities EMI Training DVDs; EMI website; Environmental Legislation Compendium; EMI Pocketbooks; EMI Powers Green Booklet; EMI website; EMI Enquiry/Docket

15 Deliverable Activity undertaken/to be undertaken Timefram Status Responsibility EMI Local Authority: WGIV e Project Plan STAGE 4: CLARIFY ACCOUTABILITY AND REPORTING PROCEDURES 4.1 Local Monthly EMI activities report to be compiled by the local To be Local and Authority EMI authority responsible person and submitted to provincial done Provincial Reporting responsible person on a regular basis (same format as Responsible System NECER spreadsheets). Persons 4.2 Local System developed for the reporting of non-compliances with To be Provincial nodal Authority EMI NEMA and/or SEMAs by local authority employing the EMI done points Whistleblowers Reporting System 4.3 Clear Implementation protocol to clearly set out the accountability Local and accountability and liability of local authority EMIs whilst under MEC Provincial and liability designation Responsible regime Persons

16 Deliverable Activity undertaken/to be undertaken Timefram Status Responsibility e EMI Local Authority: WGIV Project Plan STAGE 5:PERFORMANCE ASSESSMENT AND DELEGATION 5.1 EMI Local Authority Performance Assessment System Responsible persons to develop a system to monitor the performance of local authority EMIs in the execution of their duties; in order to assess their readiness to be delegated the designating authority Local and Provincial Responsible Persons

17 The Stars of Episode 3: Provincial EMI Local Authority Nodal Points

18 The Stars of Episode 3: Provincial EMI Local Authority Nodal Points Name and Surname Institution Tel No Fax Mark Jardine Carene Wessels Khumbulani Mbatha Div de Villiers Werner Boing Obopeng Gaoraelwe Sanjay Dubru Phillip Monyepao Pamela Ntuli Eshaam Palmer National Department of Environmental Affairs North West: Department of Agriculture, Conservation, Environment and Rural Development Kwa-Zulu Natal: Department of Agriculture, Environmental Affairs and Rural Development Eastern Cape Department of Economic Development and Environment Affairs Free State Department of Economic Development, Tourism and Environmental Affairs Northern Cape Department of Environment Affairs and Nature Conservation Gauteng Department of Agriculture and Rural Development Limpopo: Department of Economic Development, Environment and Tourism Mpumalanga Department of Economic Development, Environment and Tourism Western Cape Department of Environmental Affairs and Development Planning (012) (012) za

19 Episode 3: EMI-EHP Task Team set about their business Meeting 1: 08 February 2011: EMI EHP Task Team (comprising DEA, HPCSA, SAIEH, DOH) meet with HODs: Environmental Health at Universities of Technology: agree in principle on EMI-EHP Bridging Training DG approval: December 2011: Universities submit letters of intent and DG approves the training to proceed. Meeting 2: 31 May 2012: EMI-EHP Task Team and Universities of Technology meet with Provincial Local Authority Nodal Points: Regional Action Plans for EHP-EMI Bridging

20 Episode 3: Universities of Technology meet their provincial EMI nodal point counterparts

21 October 2013: another EMI basic training course dedicated to local authorities: 18 different local authorities within the provinces of Gauteng, Eastern - Cape, Mpumalanga, KwaZulu Natal, Western Cape and North - West

22 November 2013: Two yearly Environmental Compliance and Enforcement Lekgotla: Workshop on EMI Local Authority: National, Provincial and Local Perspective:

23 Episode 3 had lots of action but does it have a Happy Ending?

24 Yes, Roll Out of the EHP-EMI Bridging Training

25 EMI-EHP Bridging Training Training Date Venue No. of officials trained Region 1: Western, Eastern Cape and parts of the Northern Cape Dec 2012 Cape Peninsula University of Technology 30 Region 2: Free State, North West and parts of the Northern Cape (not included above) Nov 12 Central University of Technology 46 Region 3: KwaZulu Natal Sep 12 Mangosuthu University of Technology Round 1) 12 Nov 2013 Mangosuthu University of Technology Round 2) 36 Region 4: Limpopo, Gauteng and Mpumalanga Still to be undertaken Tshwane University of Technology 0, awaiting the signature of an MOU Total 124

26 Yes, commencement of EMI designation: Limpopo, Gauteng, Western Cape (and elsewhere)

27 Yes, public awareness raising of local authority EMIs Dear Residents and Business Owners, The Department of Environment and Infrastructure Services has trained and commissioned 11 Environmental Management Inspectors (EMI). They have been empowered to investigate issues and problems related to the natural environment such as waste management, water and air pollution, biodiversity issues and impact management that contravene the National Environmental Management Act and EIA listed activitues. They will work with the Environmental Health Inspectors, who deal with issues arising out of the Health Act (ie noise, restaurants, unsanitary backyards). City of Jhb: Ward Councilor

28 No, inconsistent progress Province Implement ation Protocols signed Implementa tion Protocols currently with MEC/Mayor Number of local authority officials trained (not yet designate d) Number of local authority EMIs designated Local Authorities (with designated EMIs) Gauteng City of Joburg: 13 Ekurhuleni: 1 Emfuleni: 4 Westrand: 8 City of Tshwane:1 Western Cape City of Cape Town: 14 Drakenstein: 1 Limpopo Capricorn: 10 Mopani: 2 Waterberg: 2 North West Bojanala: 6

29 Province Eastern Cape Implementa tion Protocols signed Implement ation Protocols currently with MEC/Mayo r Number of local authority officials trained (not yet designated) Number of local authority EMIs designated Local Authorities (with designated EMIs) Nelson Mandela Bay Municipality: 1 Mpumalan ga [1] Goven Mbeki local Municipality:1 Gert Sibande 1 KwaZulu- Natal Northern Cape Free State TOTAL

30 No, challenges in the finalisation of the Implementation Protocol The stumbling block is the signing of the IP. While [ ] Municipality has signed the IP on two occasions, the first being over a year ago, there has been no progress on the side of the Province with regards to the signing of the IP by the MEC As a result, the Municipality has to date issued 65 AELs but is unable to fulfil its legal mandate in terms of enforcing compliance with license conditions Extract from letter from [ ] Municipality to National DEA dated 22 September 2014

31 No, financial and human resources constraints prevent acceptance of the EMI function Environmental health in the [ ] region is not up to standard due to a serious lack of finances, personal, equipment, accommodation it is recommended that the current situation and challenges faced by the environmental health unit must first be resolved before the EMI function can be rolled out Extract of letter from district local authority to province dated 11 August 2014

32 Province Eastern Cape Free State No, not addressing priority areas re: table 24 of NAQF Metro or District Municipali ty Nelson Mandela Metro Fezile Dabi DM Local Municipalit y Metsimaholo Poor Rating: Air Quality Comment Poor Urban 1 Priority Area EMIs designated 0 KZN ethekwini Metro Poor Urban 0 Uthungulu DM umhlathuze Poor Rural/Urban Richards Bay 0 Mpumalang a Gert Sibande DM Nkangala DM Various Poor Priority Area 1

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34 THANK YOU