THE NEMA AMENDMENT BILL (B35-2007) Proposed amendment to improve consistency and collaboration in compliance and enforcement activities related to environmental and water legislation

Overview OVERVIEW Overview of objects of the Bill; Designation and mandate of EMIs – status quo Proposed amendments

1. OBJECTS OF THE BILL To amend NEMA and other pieces of national environmental legislation to provide for more effective compliance and enforcement thereof, by: Ensuring a comprehensive legislative mandate for Environmental Management Inspectors (EMIs); Clarifying the status of EMIs as peace officers for the purposes of enforcing NEMA and specific environmental management Acts (SEMAs); Adding a penalty for the criminal offence of failing to comply with a compliance notice; and Rectify certain incorrect cross-references in the Environmental Conservation Act (ECA) relating to the illegal discarding/disposal of waste.

2.CURRENT DESIGNATION AND MANDATE OF EMIs In terms of NEMA, the Minister or MEC is empowered to designate Environmental Management Inspectors to enforce NEMA and/or SEMAs using a wide range of powers (investigation, inspection, enforcement and administrative) set out in Chapter 7 of NEMA; The MEC is defined in NEMA as “the Member of the Executive Council to whom the Premier has assigned responsibility for environmental affairs”;

2.CURRENT DESIGNATION AND MANDATE OF EMIs The MEC may only designate an EMI for the enforcement of the provisions of a NEMA/SEMA which are administered by the MEC/provincial organ of state OR in respect of which the MEC/provincial organ of state performs assigned or delegated powers or duties.

3. PROPOSED AMENDMENT Currently, the National Water Act does not provide for the designation of DWAF compliance and enforcement officials with EMI-type powers; DEAT, DWAF and provincial and local environmental authorities are increasingly collaborating in compliance and enforcement activities (both strategic compliance inspections e.g. Operation Ferro; as well as ongoing criminal investigations) Non-compliances with environmental and water legislation are often inter-related (e.g. landfill sites contaminating water resources)

3. PROPOSED AMENDMENT The proposed amendment seeks to: Increase the legislative powers of DWAF officials to undertake inspections and investigations into non-compliances with the National Water Act; Promote consistency in the manner in which environmental and water-related non-compliances are responded to; Promote a collaborative response to water and environmental issues on cases of common interest to both sectors; Promote shared resources, training, expertise, knowledge etc. leading to more effective enforcement.

3. PROPOSED AMENDMENT Expand definition of a SEMA B35 of 2007 already proposes the expansion of a SEMA to include ECA, APPA and certain provisions of NEM:AQA This amendment proposes the inclusion of the National Water Act, 1998 (Act No. 36 of 1998) in the definition of “a specific environmental management Act”

3. PROPOSED AMENDMENT Minister of WAF empowered to designate EMIs: To introduce a new clause 31BA in NEMA to give Minister of Water Affairs and Forestry powers to designate staff of DWAF as Environmental Managers Inspectors. To give DWAF Minister powers to withdraw designation. DWAF Minister will only be able to designate an official from “any other organ of state” by agreement.

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