PRESENTATION TITLE Presented by: Name Surname Directorate Date Institutional Oversight Regulation Imbizo Presented by: Thoko Sigwaza Date: 13/05/15

CONTENT  Context, mandate and establishment progress  CMA functions  DWS functions  Interim arrangements  Key regulatory activities  Key challenges  Recommendations and way forward

CONTEXT, MANDATE AND ESTABLISHMENT PROGRESS

POLICY AND CONTEXT  The Department is the custodian of National water resources, is responsible for policy and regulation of the sector.  In the absence of established CMA’s, DWS undertakes these functions.  Water Management Institutions manage and regulate water at a localised level. 4

LEGISLATIVE MANDATE  CMAs are established in terms of section 78(1) of the National Water Act, 1998 (Act No 36 of 1998).  Statutory bodies established in terms of Chapter 7 of the National Water Act and listed as schedule 3a entity under the PFMA-service delivery Public entity

MANDATE  The purpose of the CMA is to delegate water resource management to the catchment level and to involve local communities in the decision-making processes  The intention is for water resource management to:  meet the basic human needs of present and future generations;  promote equitable access to water;  redress the results of past racial and gender discrimination and;  facilitate social and economic development  Water resource management is the foundation for both growth and Development. If not managed we will not be able to ensure socio-economic development into the future

THE ROLE OF CMAs Manage water resources in a defined Water Management Area (WMA). Co-ordinate the functions of other institutions involved in water related matters Involve local communities in water resource management Protect use, develop, conserve, manage and control in a sustainable and equitable manner

CORE BUSINESS TEN RISKS PROGRESS ON THE CMAS ESTABLISHMENT AND KEY TIMELINES 19 March 2012 Minister approved the establishment of nine CMAs in nine WMAs 21 May 2012Gazetting of WMAs for public consultation approved. 20 July 2012Gazette Notice published for comment 9 WMAs in SA. October 2013 Gazette notices for the establishment of Inkomati Usuthu and Breede Gouritz CMAs published. May CMAs gazetted for establishment (Limpopo/NW and Pongola Umzimkhulu August 2014 Feb 2015 Olifants CMA gazetted for establishment Vaal CMA gazetted for establishment 1 April 2015Acting CEOs for Proto-CMAs appointed 1 April 2015 Ring fencing of water resource management functions–all Proto-CMAs to operate within 9 Water Management Areas April 2016CMAs established

CMA PROGRESS PHASESNAME OF THE CMASTATUS OF CMA Phase 1: Inkomati-Usuthu Gazetted the CMA for establishment, appointment of board completed Breede-Gouritz Gazetted the CMA for establishment, selection panel appointed to recommend board Pongola-Umzimkulu Gazetted the CMA for establishment, selection panel appointed to recommend board Phase 2: Limpopo-North West Gazetted the CMA for establishments, selection panel appointed to recommend board Olifants Gazetted the CMA for establishment Vaal Gazetted the CMA for public consultation Berg-Olifants Business case finalised Phase 3: Mzimvubu-Tsitsikamma Business case finalised Orange Development of business case and public participation process initiated 9

CMA FUNCTIONS

CMA FUNCTIONS Developing relationships and legitimacy Within the first two years perform initial functions and delegated additional functions; Development and maintenance of stakeholder structures and engagement with stakeholders Developing the institutional mechanisms to support the coordination of water related activities by water users and institutions Development of the Catchment Management Strategy Involvement in water use registration, verification of water use and validation of information Advising and supporting licence applicants on the licensing process and requirements Checking water use against licence conditions and informing DWS of the results where compliance enforcement is required.

CMA FUNCTIONS Build capacity and consolidate Water Resources Monitoring CMA delegated the power to monitor water resources as necessary for the implementation of the CMS and the management of water at the WMA level...CMA must comply with monitoring standards and protocols Disaster Management CMA delegated the authority to assess and manage droughts, floods and water quality disasters in the WMA. Water Conservation and Demand Management The implementation of WC/WDM is the encouragement of water users to conserve water, thus lowering the overall demand for water. CMA should be involved in assisting to implement WC/WDM strategies. Operating of Waterworks Under specific circumstances CMAs may be required to either develop or operate waterworks. Schedule 3 Institutional Oversight Responsible for institutional oversight within the WMA, which includes co-ordinating with institutions, establishing stakeholder forums and providing support to other water management and water services institutions.

CMA FUNCTIONS Fully functional and responsible authority Water Use Authorisation and Licensing (Authorise water use and issue licenses. Issuing of Directives CMA delegated the power to issue directives (over and above the inherent powers in this regard conferred by the NWA). The directives could include, but will not be limited to: Requesting alterations to waterworks Determining operating rules for systems Controlling, limiting, and prohibiting water use.

14 1.Catchment management strategy and Water resources planning  Resource studies, investigations and integrated strategy development at a catchment level Integrated water resources planning (e.g. national reconciliation strategies) Institutional establishment Institutional establishment  Water allocation administration  Water quality management plan National policies, strategies and guidelines as well as monitoring 2. Resource directed measures  Implement programmes to monitor Resource Quality Objectives (RQOs);  Implement source-directed controls to achieve resource quality objectives  Report against the achievement of the Class and RQOs;  Report on the water balance per catchment (i.e. water available for allocation after consideration of ecological requirements)  National policies, strategies and guidelines as well as monitoring  Establish a system for classifying water resources  Determine the Class of water resources  Determine the Resource Quality Objectives of water resources  Reserve determination of water resources  Develop & implement programmes to audit achievement of resource directed measures  Develop guidelines to operationalise resource directed measures 3. Water use authorization Water use authorization [Registration of water use (Include Validation and verification of registered water use)] As per current NWA delegations: delegation 21A and 21B  Maintenance of a national register of water use  Revenue management with the following charges  Abstraction & stream flow reduction activities Authorization  Waste discharge activities Authorization 4. Control and enforcement of water use  Compliance Monitoring and Enforcement of Water Use (e.g. enforcing meter installations, suspending entitlements, enforcing licence conditions)  Control Monitoring and enforcement of Water Management Institutions  Abstraction & stream flow reduction activities control  Waste discharge control Dam safety control (private dams) Function / ActivitiesTrading AccountMain Account Abstraction activitiesWaste discharge activitiesAbstraction activitiesWaste discharge activities

15 Function / ActivitiesTrading AccountMain Account Abstraction activitiesWaste discharge activitiesAbstraction activitiesWaste discharge activities 5. Disaster management  Planning and management of disaster (Administration)  Pollution incident planning and response (management)  National policies, strategies and guidelines as well as monitoring  Fund disaster process and claim from NT 6. Water resources management programmes  Integrated Water resources programmes  Development of Water management strategies and guidelines as well as guidelines  Implementing of Water management strategies (e.g. Water conservation and demand management)  Implementing of Water management strategies (e.g. cleaner technology, dense settlements, waste discharge strategies) National policies, strategies and guidelines as well as monitoring 7. Water related institutional Development (Stakeholder Management empowerment)  Stakeholder participation, empowerment, institutional development & coordination of activities o Establishment and regulation of water management institutions (e.g. WUA's) o Stakeholder consultations o Capacity and Empowerment of stakeholders National policies, strategies and guidelines as well as monitoring National stakeholder participation 8. Water weed control (Adopt-A River)  Aquatic Weeds Control(e.g Adopt-A-River) National policies, strategies and guidelines as well as monitoring

Function / ActivitiesTrading AccountMain Account Abstraction activitiesWaste discharge activitiesAbstraction activitiesWaste discharge activities 9. Geo-hydrology and hydrology (water quality)  Groundwater and surface water (quality) monitoring in respective catchment areas  Maintaining the geo-hydrological database & compilation of information in respective catchment areas  River health monitoring in catchment areas  Monitoring Programmes (e.g. Hydrology, National Geo-hydrology sites) on National Scale (including strategic points)  Ground water and surface water explorations and feasibility studies  Compiling of maps and yield information 10. International relations  Operational issue  Treaties and Agreements 11.Administration & Overheads  Administration & overheads for regional office or CMA

THE GENERIC FUNCTIONAL STRUCTURE OF THE CMA 17

DWS FUNCTIONS

The functions that will be retained by DWS in the long term are: Development, revision and amendment of policy and legislation National water resources planning and reconciliation of supply and demand, Development, operation and maintenance of national monitoring and information systems Authorisation of strategic water use, national infrastructure development and operation, and determination of inter-basin transfers Regulation and oversight of CMAs, and WUAs managing government waterworks or with government guaranteed loans Determination of classification, reserves and resource quality objectives for water resources of national significance or with significant inter-water management area implications DWS FUNCTIONS

Developing and ensuring the implementation of the National Water Resource Strategy, including the raw water pricing strategy Determination of monitoring and information protocols and standards Flood monitoring and management in national systems Development, operation and maintenance of national water resources infrastructure Determination of guidelines and regulations for establishment of institutions Ensuring water use authorisations are in line with national policy, procedures and guidelines, including policies on redress and equity Providing technical support to CMAs Negotiating and overseeing agreements in transboundary basins. DWS FUNCTIONS

INTERIM ARRANGEMENTS

INTERIM MANAGEMENT ARRANGEMENT 22  Where the CMAs do not exist, the Minister is accountable for water resource management.  If the interim management arrangements are not in place the establishment process could be delayed due to lack of clarity of responsibility and accountability especially in areas where one CMA crosses three Regions.  Not consolidating the functions and budget from nineteen to nine Proto-CMAS would have operational, legal and financial implications in performing functions, determining the yields and setting the tariffs in accordance to the pricing strategy.  Proto-CMA to report and account to Acting Chief Executive Officer which is Director: Institutional Establishment (D: IE) until the CMA is established and the CEO is appointed.  Acting CEO to report and account to DDG: Water Sector Regulation as the custodian of oversight issues.  Director Institutional Establishment will be transferred to the CMA in terms of the transfer agreement

Internal Operational Procedures  The seven proto CMAs, Berg-Olifants; Mzimvubu-Tsitsikamma; Orange; Vaal; Pongola; Olifants and, Limpopo are ring-fenced from the Provincial Office operations on the 1 April  Between 1 April 2015 and the formal establishment of the CMAs together with its own internal governance and support structures, a number of interim operating procedures need to be defined to ensure that:  Suitable governance structures are in place and that there is a line of communication between the proto CMA executive and the Provincial Office executive;  The proto CMAs have access to resources from the Provincial Offices; and,  There is effective compliance with the PFMA, internal DWS procedures and other delegated mandates. 23

KEY REGULATORY FUNCTIONS

Compliance monitoring Key Performance IndicatorRetained by DWS Assigned to Proto-CMAs Annual inspectionsx Monitoring programmes (DWS to oversee CMAS) (performance audits) Xx

Integrated Environmental Management IDPs and EMPs CMA (or proto CMA) is an entity to be consulted and will provide feedback on these applications and plans DWS will remain involved in a participatory capacity

Ministerial and Ad Hoc Requests Regional and National DWS to work closely with the CMA on water resources and related issues DWS to drive process of ensuring the complaint is addressed, however where the are issues relating to water resources, the CMA and CEO’s must be involved

Implementation of Regulatory Monitoring Performance Management System Auditing reporting and capturing of data to remain responsibility of DWS

Economic regulation and Social regulation Tariff approvals/regulation, or social regulation to remain with DWS

Enforcement monitoring

GEO HYDROLOGY FUNCTIONS National(ambient)-monitoring-assessment-information Regional(impact)-monitoring-assessment-information Local(compliance)-monitoring-assessment-information

KEY CHALLENGES Key challenges

CHALLENGES DURING THE TRANSITIONAL ARRANGEMENTS FOR WRM FUNCTIONS TO PROTO-CMAs The business processes have not been clarified in terms of roles and responsibilities within the Department The issue of ring fencing WTE technical staff performing both WTE and Main account has not been finalised Delegations of many WRM functions are with the Department, as a result there should be a good working relations between the Acting CEO and the Department/Provincial Head, either by SLAs or MoUs The business plan for Proto-CMAs should feed in the Departmental business plan. To prevent gaps. Within provincial operations currently two directorates are performing compliance monitoring they are the Directorate: Institutional Establishment (proto-CMA) and the Directorate: Regulation.

RECOMMENDATIONS

Recommendations Roles, functions and interfaces need to be clarified as there are a number of “grey areas” and seemingly duplicated functions Can only be done in consultation with line functions and key regional stakeholders A consultative workshops is proposed for this purpose

THANK YOU