OCEANS & COASTS COMPLIANCE & ENFORCEMENT PRESENTATION MPA FORUM 25 OCTOBER 2016 PORT ELIZABETH Legal Authorisations and Compliance Inspectorate

PRESENTATION OVERVIEW Objectives & Functions Legislative Overview w.r.t. the Impact on Compliance & Enforcement MPA’S (NEMPAA) MARINE PROTECTED SPECIES (MLRA) ORV’S (ICM) Support for Compliance & Enforcement Activities within MPA’s Process Of Assessment Of The Implementing Agents’ FCO/EMI Capacity Promotion of Effective Compliance By Implementing Agents & Other Stakeholders The National Compliance & Enforcement Strategy

OUR OBJECTIVE TO BRING THE REGULATED COMMUNITY INTO COMPLIANCE WITH ENVIRONMENTAL LAWS, RULES & REGULATIONS FUNCTIONS Conduct Reactive, Strategic & Routine Inspections Support for Compliance & Enforcement Initiatives Monitor Marine Pollution, Coastal Degradation, Access to the CPP, Marine Protected Areas/Species and Admin of Section 30 & 30A Incidents/Situations Conduct Investigations on non-compliance & illegal activities w.r.t. the above Administrative Enforcement: Embark of Just Administrative Process and Issue Administrative Enforcement tools (Notices & Directives) Criminal: Open dockets and conduct criminal investigations Joint Operations: Joint Operations at Ports of Entry, Coastal Areas & Sector Specific Joint Operations (Industry) including Operation Phakisa

LEGISLATIVE AMENDMENTS w.r.t. Impact on Compliance & Enforcement The regulation of Marine Protected Areas is under NEM:PAA since 2 June 2014 ; Section 22A MPAs are declared by the Minister Section 48A prohibits the certain activities in the MPA; “(1) Despite any other legislation, no person may in a marine protected area- (a) fish or attempt to fish; (b) take or destroy any fauna or flora; (c) undertake any dredging or extraction of sand, rock, gravel or minerals unrelated to any activities referred to in section 48(1); (d) discharge or deposit waste or any other polluting matter;

LEGISLATIVE AMENDMENTS w.r.t. Impact on Compliance & Enforcement (e) in any manner which results in an adverse effect on the marine environment, disturb, alter or destroy the natural environment or disturb or alter the water quality or abstract sea water; (f) carry on any activity which may have an adverse effect on the ecosystem of the area; (g) construct or erect any building or other structure on or over any land or water within such a marine protected area; (h) carry on marine aquaculture activities; engage in bio-prospecting activities; (j) sink or scuttle any platform, vessel or other structure; or (k) undertake mineral exploration, and production of petroleum and other fossil fuels.” •

LEGISLATIVE AMENDMENTS w.r.t. Impact on Compliance & Enforcement • Section 89 of the NEMPAA is the relevant section that deals with offences and penalties, and outlines the offences as they relate to specific provisions as follows; “(1) A person is guilty of an offence if that person – (a) contravenes or fails to comply with a provision of section 45(1), 46(1), 47(2), (3) or (3A), 48(1), 49A(5)(b), 50(5) or 55(2)(fA); (b) contravenes a notice issued under section 51.” NO OFFENCE & NO PENALTY WAS CREATED BY NEMPAA FOR THE MPA PROHIBITED ACTIVITES

MARINE PROTECTED SPECIES • The regulation of non-consumptive marine protected species (White Sharks, Whales, Dolphins, Turtles and Sea-birds) and activities related to the marine protected species (White Shark Cage Diving, Boat- Based Whale Watching and Dolphin Watching) are currently under MLRA REGULATIONS GNR 722 & 723 under GG No.31209 & 31210: Policy for WSCD GNR 724 issued GG No.31211 of 4 July 2008: Management of WSCD GNR 725 issued under GG No.31212 of 4 July 2008) Management of BBWW

MARINE PROTECTED SPECIES • Regulations for the non-consumptive Marine Protected Species and other activities related to the marine protected species are being drafted under NEM:BA (TOPS); Once these Regulations are adopted and published, the transfer of the regulation of the Marine Protected Species and its related activities from the MLRA to NEM:BA (TOPS) will be effective;

OFF-ROAD VEHICLE DRIVING • Initially ORV Regulations were promulgated under Section 44 of NEMA (GN 1399 of 21 December 2001) These Regulations were repealed by the ORV 2014 Regulation promulgated under Section 83 of the ICM (GRN. 10221 under GN 37761 of 27 June 2014) • Due to the above pending & finalised legislative amendments, it became clear that in future the compliance & enforcement of DEA-Related activities under the SEMA’s will have to be undertaken by EMI’s

SUPPORT FOR COMPLIANCE & ENFORCEMENT ACTIVITIES WITHIN MPA’S In June 2013 OC received a list of Implementing Agents officials earmarked for designation under NEMA & MLRA The OC Compliance & Enforcement capacity is less than a handful to adequately attend to the “blue issues” Hence reliance is placed on Implementing Agents to assist DEA in compliance & enforcement Legislative amendments (both pending & finalised) will also impact heavily on the compliance and enforcement capability

PROCESS OF ASSESSMENT OF THE IMPLEMENTING AGENTS’ FCO/EMI CAPACITY Consensus was reached to have Implementing Agents’ officials earmarked for FCO Designation trained and designated as EMI’s, in line with the legislative mandate of the amendments DEA also supports the idea of dual designation both as FCO’s & EMI’s as the officials are expected to enforce marine protected species under MLRA as well The following is the Report on DEA-driven EMI Training Initiative:

KZN Wildlife: Out of 155 requests, 115 are trained & designated as EMI’s ; 40 were recommended for Grade 5 training. SANParks: Out of 143 requests, 125 are trained &designated as EMI’s; 18 were recommended for Grade 5 training. Cape Nature: Out of 57 requests, 6 are trained &designated as EMI’s; 51 were recommended for Grade 5 training. ECPTA: Out of 36 requests, 10 are trained & designated as EMI’s , 9 are trained but awaiting designation; 17 were recommended for Grade 5 training. Nelson Mandela Metro: All 6 were recommended for Grade 5 training. City of CT: All 7 were recommended for Grade 5 training

STATUS QUO ON EMI TRAINING KZN Wildlife: All 40 are trained as Grade 5’s; SANParks: Feedback outstanding Cape Nature: Officials underwent both Grade 5 & Basic EMI training, Designation of 27 officials underway; ECPTA: All 17 officials trained as Grade 5’s Nelson Mandela Metro: Feedback outstanding City of CT: Over 100 officials designated as FCO’s, further officials underwent EMI Training with 27 awaiting designation.

PROMOTION OF EFFECTIVE COMPLIANCE BY IMPLEMENTING AGENTS WITHIN MPA’S Conduct audits on Quarterly Reports to measure the effective compliance with Management Plans, MOU’s and Work plans Identify Gaps and Challenges Findings and Recommendations compilation

STATUS QUO OF THE NATIONAL COMPLIANCE & ENFORCEMENT STRATEGY Final National Compliance & Enforcement Strategy has been passed Approval by MINTECH on 14 November 2014 Approval by MINMEC on 28 November 2014 A Profiling List has been compiled as a Blue Print for the Blue Sector’s Compliance and Enforcement This list is to be utilised as a Prioritisation Tool for the Environmental “Blue sector” Implementing Agents to assist in providing input to the Tool

Tandiswa Jacobs (021) 814 8047 083 506 9679 tjacobs@environment.co.za