Developing for Today while Saving for Tomorrow

Introduction

• We will take you on a journey through the legislation so that an understanding can be created on why it is important to employ a company like EMA

• Create an understanding on environmental risk and non compliance• Identify the penalties of non compliance• Identify the key role players in development to ensure an effective

environmental system• Why you should consider EMA

Legislation

Section 24 – environmental right

Everyone has the right -to an environment that is not harmful to health or well-being; andto have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that –

(i) prevent pollution and ecological degradation;(ii) promote conservation; and(iii) secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

“RIGHT” AND “DUTY”

Means the surroundings within which humans exist and that are made up of:

(i) Land, water and atmosphere of

the earth

(ii) Micro-organisms, plant and animal life

(iii) Any part or combination of (i) and (ii) and the interrelationship

among and between them

(E.g. Ecosystems or the carbon cycle)

(iv) The physical, chemical, aesthetic

and cultural properties and

conditions of the foregoing that

influence human health and well-

being

WHAT IS “ENVIRONMENT” in terms of the Law?

SUSTAINABLE DEVELOPMENT

• “development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs.” - Gauteng Region v Save the Vaal Environment 1999 (2) SA 709 (SCA).

• Also: “an integrated approach to environmental management and protection that combines three pillars, the environment, economic development and social development, which interacts in a holistic and harmonised manner.”

NATIONAL ENVIRONMENTAL MANAGEMENT ACT 107 OF 1998

– Creates the legal framework to address section 24 of the Constitution.

– Confirms that State is the trustee of the environment on behalf of the inhabitants.

– Sets out the fundamental principles that apply to environmental decision making

– Provides for compliance and enforcement of NEMA and all SEMA legislation

– Introduces a general duty of care to prevent, control and rehabilitate the effect of significant pollution and environmental degradation.

CHAPTER 2 - PRINCIPLES

Principles:Apply throughout the Republic to the actions of all organs of State that

may significantly affect the environment

• Integrated environmental management• Social, economic and environmental factors considered in planning, implementation and evaluation of

decisions• Chapter 5 (Environmental Impact Assessments)

• Preventive principle:• S 2(4)(a)(i);(ii);(iii);(viii) Pollution & degradation; disturbance of landscapes and sites of cultural

heritage must be avoided when considering sustainable development

• Precautionary principle: • S 2(4)(a)(vii) Risk-averse and cautious approach is applied which takes into account the limits of

current knowledge about consequences of decisions and actions

• Polluter pays: • S 2(4)(p) Cost of remedying pollution, environmental degradation and consequent adverse health

effects… be paid by those responsible for it

CHAPTER 7: COMPLIANCE, ENFORCEMENT AND PROTECTION

DUTY OF CARE

• Section 28: Duty of care and remediation of environmental damage

– Every person who causes, has caused, or may cause significant pollution or environmental degradation of the environment must take

– Reasonable measures:

• Prevent – occurring, continuing or recurring

• Minimise and rectify

CHAPTER 7: OFFENCE – ENVIRONMENTAL HARM

• Section 28(14):

– No person may unlawfully and intentionally or negligently commit any act or omission which

• Causes or is likely to cause significant pollution or degradation of the environment

• Detrimentally affects or is likely to affect the environment in a significant manner, or

• Refuse to comply with a directive issued under this section

• Section 28(15):

– Contravention of section 28(14) is an offence

– Penalty: R1 million or 1 year, or both

The Constitution (1996)

The National Environmental Management Act (1998)

The National Environmental Management Policy (1997)

Biodiversity and Conservation:

Biodiversity (2004) and Protected

Areas (2003) Acts

Environmental Quality and Protection:Compliance and

Enforcement (2005);EIA Regulations (2006

and 2010)Air Quality Act (2004)

Waste Act (2009)

Marine and Coastal:Integrated Coastal

Management Act

DUTY

Specific Environmental Management Acts NEMA Helpers

NEM: Protected Areas Act 57 of 2003

NEM: Biodiversity Act 10 of 2004

NEM: Air Quality Act 39 of 2004

NEM: Waste Act 59 of 2008

NEM: Integrated Coastal Management Act 24 of 2008

National Water Act 36 of 1998

Environment Conservation Act 73 of 1989

Listing Notices

BA EIA

Applications

Licenses Permits

Environmental Authorisation

EMPEMP

• Independent body to ensure that the developer is compliant with a suite of south African Legislation.

• The middle man between the local, provincial and national departments and the developer.

• To ensure that the contractor is following all the requirements listed is the Environmental Authorisation, EMP and Licences or Permits.

• To ensure that the contractor is not conducting any listed activities that they have not been authorised to for.

• To ensure that the contractor has the relevant permits to conduct all their activities.

Role of an ECO:

• Representative from the Engineer

• Reviewing method statements to ensure they are compliant with the legislations,

permits, authorization, licenses, EMP and project specifications.

• Approve method statements before submitting them to the ECO

• Audit the contractor

• Identify non-compliance

• Ensure that the contractor is compliant with environmental legislation, permits,

authorisations, EMP and project specifications

• Ensure compliance with the project specifications

• Ensure the non-compliances identified by the ECO and the EM are addressed and

responded to formally

• Ensure that the ECO receives a formal response for all non compliance incidents

Role of an Environmental Monitor:

Role of an Environmental Officer

• Monitor the contractors compliance, with the legislation, the permits, EMP, project specification and the authorization

• Assist in writing Method statements to ensure that the statements are in line with the legislation, authorization, permits, EMP and project specifications.

• Monitory the contractors compliance with regards to the environmental sections of the specification.

• Identify potential non compliance and implement mitigation measures

• Evaluate NCRs and non compliance findings identified by the EM and the ECO and address the matters

• Ensure that all EM and ECO findings are closed out formally

Role of an Environmental Officer:

How does an effective environmental Management System Function? to eliminate any Risk to the project,

the client and reduce legal non compliance

ECO (Reports non compliance to government

and is included in the project file)

EM (Monitor the site effectively and ensure the EO

is ensuring compliance)

EO (Monitor the site effectively identify non

compliances and address them immediately).

Risk

Low

CHAPTER 5: SECTION 24G RECTIFICATION APPLICATIONS

National Environmental Laws Amendment Act 14 of 2009: Standardisation of penalties: ratio - 1 year imprisonment = and or R1 million fine:

The Clients Risk• Environmental Authorisation is in an individuals name.

• Thus the individual will be held criminally for non compliance

• If the client passes the responsibility on to the contractor.

• The holder of the authorization in terms of the law will still be prosecuted criminally. Once that process has been undertaken the holder can charge the contractor civilly,

Clients Risk:

How can EMA assist ?Cradle to grave approach (start of development to the end of a project)

EMA can assist with:

• Licensing and Permits

• Rehabilitation and Erosion management plans

• Write method statements with the contractor

• EO and EM services

• Environmental Auditing to ensure the EO and EM are undertaking their roles

• Identifying environmental risk through audits

• Advising Vestas on compliance

• Identifying practical compliant solutions during development

• Amend and contribute to Project specifications and project operational documents such as EMP’s operational manuals

etc…

• Assisting with tenders and the BOQ for the contractor to ensure the correct budget has been allocated for

environmental matters.

• Reviewing project specification

• Rehabilitation implementation, monitoring and evaluation

Why should you use EMA?

EMA team:Director:

• was designated as a grade 2 EMI for National Government (second highest level of compliance in government and was trained by the Department of Environmental Affairs)

• Has extensive experience in the Renewable energy, Water sector and conservation

• Has EMA worked on large scale projects for and with companies such as Aurecon, Ndondana, TCTA and Abengoa to reduce environmental risk for the client and manage environmental compliance.