Management Inspectorate

Transcription

1 TRAINING AND DESIGNATION The OF MUNICIPAL Environmental EMIs PART II AQG Lekgotla, Polokwane, 12 October 2010 Management Inspectorate Mark Jardine Director: Compliance and Enforcement Support Legislative Framework Challenges, Achievements and Lessons Learnt Department of Environmental Affairs and Tourism DWAF/DEAT Meeting 12 August 2008

2 Recent developments since the last Lekgotla in October 2009 Feedback from national workshop in January 2010; Training: National Diploma for EHP and peace officers training; Current status of the Inspectorate; Draft national guideline: progress report

3 January 2010 Workshop The attendees: 1 national and 9 provincial environmental authorities; 17 local authorities; DOH, HPCSA and SAIEH; Invitations to SALGA and COGTA. The 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

4 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.

5 January 2010 Workshop DEA s homework: Continue with consultative process on the draft national guideline and engage SALGA; Compare the EHP and the EMI qualifications and assess alignment

6 January 2010 Workshop Further follow-up consultation: Through the DEA s Local Government Support: ASDs further consultation ti on the draft guideline: Key comments: EMI function = additional duties on municipalities (other than original powers); Self-policing: non-compliant local authorities; Biodiversity issues: alien and invasive species regulation; Bylaws v NEMA/SEMAs;

7 EMI Training EMI Basic Training 2010 UNISA (1 st and 2 nd semester), CPUT (2 courses brown and green) and UP (2 nd semester); UNISA 1 st semester 10 NORAD funded local authority officials enrolled; Increasing number of municipal officials at the 2010 EMI Basic Training at all three institutions (UNISA 2 nd semester: 12 out of 32).

8 EMI EHP Training 18 June 2010 follow up meeting with Health Profession Council of SA, Tshwane University of Technology. City of Johannesburg, National Department of Health, UNISA and DEA: AQM: discuss EMI/EHP issues; Follow up series of meetings with DEA and TUT (Engelbrecht/Nel): Undertake a gap analysis between the EMI Basic Training and the National Diploma in Environmental Health.

9 EMI-EHP EHP comparison Key Findings Functions: both compliance monitoring and enforcement; Mandate: NEMA/SEMA and EHP Scope of Practice similar especially in respect of waste and air quality; Powers: very similar il inspection, administrative and criminal enforcement; Management: EHP = professional body (HPCSA); EMI=none.

10 EMI-EHP 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.

11 EMI-EHP EHP training: Way Forward Working towards incorporation of the EMI Basic Training material in the National Diploma/Btech and the peace officers course (TUT and Molao Academy); Convene a meeting with other Universities of Technology with the aim of widespread mainstreaming of EMI course(early 2011) into EHP qualification; Presentation to the HPCSA Board for their approval (early 2011); NOTE: this will only assist in aligning g the two qualifications for Nat.Dip students still need to finalise a workable model for existing EHPs that have not already undergone the EMI Basic Training courses.

12 Status quo of the Inspectorate

13 Status quo of the Inspectorate Green v Brown Biodiversity/Conservation vs Pollution and Waste EMIs Brown 24% (253) Green 76% (820)

14 Status quo of the Inspectorate EMI trained local l authorities i Potential Increase in EMI Capacity with trained local authority officials Local Authority 22% (70) Brown 78% (253)

15 Status quo of the Inspectorate capacity for NEM:WA and AQA Estimated Deficit in EMI for Waste Act National Waste Management Strategy EMI Institutions No. National 37 Western Cape 25 KwaZulu-Natal 40 Gauteng 41 Limpopo 10 Deficit (487) 60% Brown & LA (323) 40% Eastern Cape 6 Free State 5 Mpumalanga 20 Northern Cape 30 Northwest 30 Municipalities 283 x TOTAL 810

16 Status quo of the Inspectorate - Challenges No-one knows for sure exactly how many EMIs it will take to ensure effective implementation of NEMA/SEMAs emerge over time, but for brown issues, we probably need more warm bodies Not only about quantity, also about quality: move away from APPA/ECA to NEM:WA and AQA: training needs to be supported by on the job mentoring/support from experienced officials; Can only begin to estimate the number required if we know what national, provincial and local compliance and enforcement functions are in terms of NEMA/SEMA s complex issue re: constitutional split.

17 Draft National Guideline for Municipal i EMIs Objectives: Establish national platform for the designation and operation of municipal EMIs to commence; Guide the designating authority of key principles (enabling not prescriptive); Clarify the EMI role of local authorities in relation to the SEMAs

18 NEM:AQA: Local Authority Functional area of Schedule Compliance and Enforcement Duty in SEMA Section in exclusive local to the NEM:AQA authority Constituti on Air Pollution Schedule Compliance and enforcement with the conditions of an atmospheric emission licence (AEL) S18 4PartB Enforcement in respect of facility undertaking a listed activity without an AEL (i.e. illegal activity). S18 Compliance and enforcement in respect of the manufacture, sale or use of any appliance or conduct S24 an activity declared as a controlled emitter unless that appliance or activity complies with the standards established in terms of section 24. Enforcement response for failure to submit an atmospheric impact report requested by the S30 municipal air quality officer Noise pollution Schedule 5PartB Compliance and enforcement in respect of standards published by the Minister for the control of noise. Control of public Schedule Compliance and enforcement in respect of regulations published by the Minister/MEC for the control nuisances 5 Part B of dust Compliance and enforcement in respect of regulations published by the Minister/MEC for the offensive odours S33 S32 S34

19 NEM:WA: Local Authority Functional area of Shdl Schedule to the Compliance and Enforcement Duty in SEMA Sectio exclusive l authority Control of public nuisances Control of public nuisances Refuse removal, refuse dumps and solid waste disposal Constitution Schedule 5 Part B Schedule 5 Part B Schedule 5 Part B Holder of a waste licence must manage the waste in such a manner that it does not endanger health or the environment or cause a nuisance through noise, odour or visual impacts. Any person who stores waste must at least take steps to ensure that, inter alia, nuisance, suchas odour, visual impacts and the breeding of vectors does not arise A person who generates general waste must place it in a container approved, designated or provided by the municipality for that purpose and in a location approved or authorized. Refuse removal, refuse Schedule 5 Part No person may collect waste for removal from premises unless it is a municipality/municipal service S24 dumps and solid waste B provider/authorized/not prohibited disposal Control of public Schedule 5 Part A person who is in control of a vehicle, or is in position to control the use of a vehicle, that is used to nuisances B transport waste for the purpose of offloading that waste, is guilty of an offence if that person (a) Fails to take all reasonable steps to prevent spillage of waste or littering from the vehicle; (b) Intentionally or negligently cause spillage or littering from the vehicle; (c) Dispose of waste at a facility which is not authorised to accept such waste; (d) Fails to ensure that waste is disposed of at a facility that is authorised to accept such waste; or (e) Fails to comply with any duty as set out in section 25(4). n in NEM:W A S16 S21 S22 S25 Control of public Schedule 5 Part An owner of privately owned land to which the general public has access, must ensure inter alia, that S27 nuisances B litter is disposed of before it becomes a nuisance etc. No person may discard any litter onto any

20 8. Provincial Action Plans Draft National Guideline: Consultation Process 1. DEAT internal consultation with affected Chief Directorates (Air Quality Management and Climate Change, Integrated Pollution and Waste Management, Planning and Co-ordination) ordination) 2. Mintech WGIV (Compliance and Enforcement) National and 7. DG HOD Provincial Environmental Departments/Parks Boards letters: National Guideline and Implementation 3. External Stakeholders SALGA, DPLG, selected local Protocol authorities, Health Professions Council of South Africa, SAIEH (January 2010 Workshop) 6. MINTECH 4. DG (Approval) (Approval) 05 November Senior Counsel Opinion Vet for Constitutionality

21 DEA TO DO LIST Finalise national guideline based on comments from senior counsel and submit to MINTECH on 05 November; Present draft Implementation Protocol to MINTECH WGIV on 19 October; Convene meeting with all Universities of Technology for EMI-EHP mainstreaming process; Develop model for training existing EHPs (bridging course cost and duration); Presentation to the HPCSA Board; Monitor provincial implementation of action plans for EMI local l authority roll out.

22 THANK YOU