Environmental governance through informal mechanisms in South Africa A case study of the ENGEN refinery complex: environmental improvement programme

2 Lecture overview 1.Introduction 2.Statutes enabling informal mechanisms  Constitution  NEMA  Air Quality Act 3. Engen Refinery Complex: ENVIRONMENTAL IMPROVEMENT PROGRAMME (1998) 4. Conclusion

3 Introduction Environmental problems Industry –revenue –jobs –goods & services –Source of waste and pollution Challenges faced by developing nations

4 Enabling legislation Constitution of RSA through reasonable legislative and “other measures” 2. National Environmental Management Act 107/1998 Minister ……may enter into environmental management co-operation agreements with any person or community 3. National Environmental Management: Air Quality Act 39/2005 mechanisms, systems and procedures to: *attain compliance with ambient air quality standards *give effect to international agreements

5 South Durban basin area

ENGEN REFINERY COMPLEX: ENVIRONMENTAL IMPROVEMENT PROGRAMME (1998) ENGEN Petroleum & the South Durban Community Environmental Alliance (SDCEA)

7 Objectives  Address the public’s concerns regarding refinery activities  Fill the vacuum cased by weak legislation  Reconcile the economic and the environmental objectives  Access to information by the public  Going beyond legislative requirements

8 Consequences  Initiated improvements in the refinery  Framework for internal voluntary initiates  Projects results  Particulates, vocs, fugitive emissions  Nitrogen dioxide (low burners)  Noise reduction

9 Challenges & prospects  Foundation  Involvement of government department  Sanctions  Monitoring mechanisms

10 Prospects 1.Strong legislation a)transparency b)and civil society participation c)Inclusion of other government bodies d)Rigorous enforcement 2.Business and industry sensitivity to the impact of environmental issues 3.Environmental issues enjoy political prominence 4.High degree of awareness

11 Conclusion  Meaningfully defend the environment  Section 35 to be strengthened  Literature shows a sweeping range of experiences, however, reality of weak enforcement capacity provides the critical institutional background within which to consider VA  Tailor make the agreement, learn from other developing nations