ENVIRONMENTAL MANAGEMENT TRAINING Defining key concepts Environment - PowerPoint PPT Presentation

ENVIRONMENTAL MANAGEMENT TRAINING

Defining key concepts Environment – an exclusively ‘green’ perspective or a perspective which integrates ‘green’ issues with social, cultural and economics Green perspectives – biotic and abiotic elements of the earth: covers degradation, protection of Threatened or Protected species and ecosystems Brown perspectives – asserts human beings are integral part of the earth system Social – imbalances in patterns of production and consumption  Cultural resources – aesthetic, historic, spiritual value 

Legal definition of the concept “environment” A definition has been provided in South African legislation of the environment as: “…the surroundings within which humans exist and that are made up of – the land, water and atmosphere of the earth; i. micro-organisms, plant and animal life; ii. any part or combination of (i) and (ii) and the interrelationships iii. among and between them; and the physical, chemical, aesthetic and cultural properties and conditions iv. of the foregoing that influence human health and well- being” National Environmental Management Act, 1998

Environmental Management System Deming Management Model Environmental managers – study and control processes to reach particular objectives

Environmental managers Environmental managers Public Sector Environmental Private Sector Environmental Managers Managers (Consultants)  Drive legal compliance  Business reality and corporate  Exceed legal compliance culture matter.  Deal with a wide range of external parties with diverse agendas  Focus is on competitive edge  Politics and positioning by and the bottom line different interests may frame environmental management

Environmental governance and management  Environmental management by the public sector – inherently complex  Fragmentation Vertical – national, provincial and local sphere Horizontal – mandates vested in different departments  Horizontal and vertical fragmentation is divided by both media and sector.

Environmental governance and management (contd.) Integration and co-operation  SA legal framework makes extensive provision for  cooperative governance :The Constitution - Chapter 3 Environmental management to be integrated: NEMA S24(b)  Intergovernmental consultation and coordination:  Intergovernmental Relations Framework Act and Infrastructure Development Act, 2014 King IV: “ Disclosures in relation to the details of monitoring and compliance inspections by environmental regulators, findings of non- compliance with environmental laws, or criminal sanctions and prosecutions for such non-compliance should be disclosed”.

OVERVIEW: ENVIRONMENTAL LEGISLATION Legislation Requirement Constitution S24 NEMA EIA: Basic Assessment or S/EIA NEMPAA Permit/Licences NEMBA Permit / Licences NEMAQA Atmospheric Emission Licence NEMWA Waste permit NWA WULA/GA MPRDA EMPR/ Permit NFA Permit /Licence NHA Record of Decision

Legislation contd.  CARA – control over agric resources to  Promote conservation of soil + water  Combat weeds and invader plant  Control of invasive and alien species regs  Provincial Ordinances e.g. Landuse planning  Local bylaws e.g. noise

Checklist of Authorisations Aspect/Question Implication Is the requirement for an environmental authorisation Basic Assessment – listing notice (LN01; Scoping and triggered? EIA activities LN2; sensitive environments LN3 Is a water use licence authorisation required? Applicable to abstraction, activities in streams Is a waste licence required? Applicable to large volumes of waste – stored, treated or treated. Handling hazardous waste Is an atmospheric emissions licence required? Applicable to asphalt plants / emission stacks Is dust generation excessive? Dust monitoring and reporting is required Is a mining permit or right required? Applicable to all borrow pits/quarries Are there any heritage matters involved? Involve heritage specialist to determine further requirements Are there sensitive or protected areas? Involve specialist to determine need for further authorisations Is rehabilitation by re-vegetation required? Ensure acceptable species are used; involve a botanical/rehab specialist Has compliance with provincial and local Check with provincial and local authority policies/ordinances/by-laws been checked?

Environmental Impact Assessment  Administered by DEA under s24 of NEMA - Requires the potential impacts of listed activities to be considered, investigated, assessed and reported on. - Two distinct process: Basic Assessment & Scoping/EIA  Basic Assessment triggered by activities that reach specified thresholds – Listing Notice 1  Scoping/EIA – Listing Notice 2  Listing Notice 3: province specific to designated areas - BA

EIA Listed Activities (NEMA)  Construction of a road  Construction of a bridge,  Widening of roads and bridges  Bulk storm water outlets  Infilling or depositing , dredging, excavation, removal of material from  A watercourse, the sea  An estuary or 100m of the high water mark....  Removal of indigenous vegetation

EIA Regulations changed April’17

Objectives of repeal NEMA EIA Regulations  Cosmetic and clarity  Process and content changes  Improve consistency among CA’s  Listing notices- catch all  Increase cooperation  Incorporate mining activities  Regulate assessment and evaluation timeframes  Include operation beyond development

Proposed amendments to listing notices 2014 Regulations 2017 Regulations  EA valid no longer than  No limit to validity 10 yrs  Application for extension  Apply for extension any of EA 3 months prior to day before expiry date the expiry  Holder of EA must invite  [Amendment of impact comments on the management outcomes in proposed amendments – EMPr prior to an audit - 30 days of public notification of CA] consultation mandatory

Amendments to listing notices - Roads 2017 Regulations 2014 Regulations Listed same – reserve wider than Route determination excluded; instead   13.5m; where no reserve exists – road split into 2 and listed in LN1 (22) & wider than 8m. LN2 (27) Listed same  The widening of a road by 6m or  extending length by 1km - BA Reference to SANRAL act deleted; new Development of national road as   exclusion – NB where the entire road defined in SANRAL & NRA 1998: falls within an urban area; 1km or reserve >30m or catering for more shorter. than one traffic lane in both directions. Listed same in LN 3 The development of a road wider than   4m with a reserve less than 13m, incl associated structures. Infilling or depositing , dredging,  New threshold is 10m ᶟ excavation, removal 5m ᶟ of material  from watercourse Removal of 1ha to 20ha of indigenous Listed same   vegetation

Other Environmental requirements  Removal of protected trees (permit) – administered by DAFF under s15(1) of National Forest Act  Destruction, removal, disturbance of archaeological and heritage artefacts – under chapter 2 s38 of NHRA – eg bridges, graves EIA Process is a Helpful Tool – Not a hindrance. It provides a full decision & audit trail for all projects, & through it we can identify other requirements

Other considerations  Asphalt plants – scheduled process – GNR. 201 - the need should be identified as early as possible  Above ground storage of dangerous goods including diesel exceeding 30 cubic meters is subject to EIA regs.  Blasting – permits; risk assessments

Environmental Regulation of Mining Activities  The NEM Laws Amendment Act of 2014 came into force on 2 September 2014. These give effect to agreement of 2008 to remove environmental regulation from the purview of DMR.  Section 50A(2) explains the “One Environmental System” applicable to the mining industry as agreed between the ministers of DEA, DWS and DMR as follows:  That all environment aspects to mining aspects are regulated through one environmental system which is NEMA  The Minister of Env Affairs is the regulator - sets the regulatory framework and norms and standards  The Minister of MR issues EA’s in terms of NEMA and the Minister of Env . Affairs is the appeal authority for these EA’s.  That all three ministries agree to fixed timeframes and agree to synchonise the timeframes

Implications on borrow pits and quarries permitting

Proposed amendments to listing notices Basic Assessment LN1

Proposed amendments to listing notices Full S&EIA – LN2

WATER USE AUTHORISATIONS  process administered by DWA under s21 & 22 of National Water Act  Two types – GA and WUL  Trigger is river crossings, working in a wetland - Bridges and culverts: widening and new - all works that affect wetlands  SANRAL/DoT’s and municipalities are covered by GA - require registration of WU only = SANRAL Drainage Manual or similar norms and standards  Abstraction – water for construction require different application.