PRESENTATION TITLE Presented by: Name Surname Directorate Date STRATEGY ENFORCEMENT Presented by: Mr. Nigel Adams Acting Chief Director Chief Directorate: Enforcement Date: 08 May 2015

Contents Basis of the Enforcement Strategy – Background Strategic Enforcement Objectives – Vision, Key issues, Principles, Targets Enforcement Strategy – Institutional Framework (CMA establishment), financial sustainability, public awareness Implementing the Enforcement Strategy – Key issues and programme for Action Planning

“We know that political freedom alone is still not enough if you lack clean water. Freedom alone is not enough without light to read at night, without time or access to water to irrigate your farm, without the ability to catch fish to feed your family. For this reason, the struggle for sustainable development nearly equals the struggle for political freedom. They can grow together or they can unravel each other. Threats to our governments in the century ahead will come from poverty, if anything.” Nelson Mandela, 2000

Change Management in the Enforcement arena We must recognise that governance regimes are in fact established when we understand that there are a variety of interdependencies and that our actions do influence others. Whilst it is clear that we need to establish the mechanisms that foster and support the interactions needed to understand our interdependencies, it is also clear that not all individuals or water users choose to understand or acknowledge these various interdependencies. This becomes a basis for conflict and non-compliance with law. As a key element of governance this requires urgent redress such that within the next five years compliance with the law and regulation becomes a norm.

Vision 2020 Reduce unlawful water use by 50% Improve pro-active enforcement by 100% Increase the number of Enforcement staff in CMAs/DWS by 75% Enhance inter-governmental relations, EWSETA accreditation course (Skills Development)

Background According to the Chamber of Mines of SA, the mining sector contributed 8.8% directly and 10% indirectly to South Africa’s GDP in 2009 (GCIS, 2011). The Sector creates about one million direct and indirect jobs. Mining and related activities require significant quantities of water and impact on the environment through associated potential pollution. The mining sector is also faced with legacy issues of past pollution, for example, acid mine drainage. Development of new mines in water-scarce areas requires planning to make arrangements for the transfer of water and the development of new sources, with appropriate attention to waste processing and remediation

Enforcement Strategic Objectives Programme 5: Water Sector Regulation Sub Programme: Enforcement ensures that set of actions (pro-active enforcement, administrative, criminal and civil) are taken against non-compliance. Objectives: (a)to enforce compliance with NWA and other relevant legislation (b) to ensure successful prosecution throughout the water value chain (c)To provide business processes to guide activities, information flow, roles and responsibilities. (d)To guide regular, strategic, effective and efficient enforcement processes with regard to water and other relevant legislation; (e)To inform, consult and make all stakeholders aware of the principles that will guide enforcement action in the event of suspected contraventions and prevent contraventions ito water related legislation. (f)To achieve progressive improvement of enforcement to legislation

The Rationale of Enforcement Water has a social component – provision is included in the Bill of Rights. Water has an economic component – efficient and reliable provision is essential for economic growth. Water has many elements of monopoly – mostly impossible for a consumer to switch to another provider

Key Strategic Issues Sufficient Legal Authority Water legislation laws will be effective only if it provides sufficient legal authority to ensure compliance. Some of the powers necessary to ensure program effectiveness are the abilities to: Issue regulations, licenses and guidance to implement the law Monitor regulated actors and gain access to their records and equipment to determine if they are in compliance Require the regulated community to monitor its own compliance, keep records of its compliance activities and status, report this information periodically to the enforcement program, and make the information available to the public Take legal action against non-compliant actors, including (1) imposing a range of monetary penalties and other sanctions on actors that violate the law; or (2) imposing criminal sanctions on actors who violate the law Correct situations that pose an imminent and substantial threat to public health or the environment. Clear Standards Clear enforceable standards are needed for requirements to be effective. An environmental standard is a law or regulation or guideline that regulates the effect of human activity upon the environment. It may specify desired state, limit alterations or may require the use of certain technologies or practices. Clear Roles and Responsibilities Water legislation laws should also create an institutional framework that specifies the roles and responsibilities of the various levels of government and agencies. Laws and regulations need to be clear about the process and procedures by which the government can take an enforcement action. Fair and equitable rules A government’s willingness and ability to impose sanctions related to bribery and the falsification of environmental data and documentation are also very important.

CHAPTERS 4 – 9: ADDRESS STRATEGIC THEMES (1) as in NWA 4.Water resources planning, development and infrastructure 5. Water resources protection 6. Equitable water allocation 7. Water conservation and demand management 9.Regulation of the water sector 10.Managing water resources for climate change 11. International and trans-boundary water resource management DWA & sector commitments to action are clearly articulated in chapters addressing strategic themes Enforcement ensures that set of actions (administrative, criminal) are taken against non-compliance NATIONAL WATER RESOURCE STRATEGY 2 10

Vision of NWRS2 Sustainable, equitable and secure water for a better life and environment for all Goal Water is efficiently and effectively managed for equitable and sustainable growth and development Goal Water is efficiently and effectively managed for equitable and sustainable growth and development Institutional arrangements Strategic themes Execution Financing the water sector Monitoring & information management Research and innovation Water sector skills & capacity Water contributes to the economy and job creation Water is protected, used, developed, conserved, managed and controlled sustainably and equitably Water supports development & elimination of poverty & inequality Objectives International and trans- boundary water resource management Water resources planning, development and infrastructure management Water resources protection Equitable water use Water conservation & water demand management Managing water resources for climate change Regulation of the water sector Execution

Vision of NWRS2 Sustainable, equitable and secure water for a better life and environment for all Goal Water is efficiently and effectively managed for equitable and sustainable growth and development Goal Water is efficiently and effectively managed for equitable and sustainable growth and development Institutional arrangements Strategic themes Execution Financing the water sector Monitoring & information management Research and innovation Water sector skills & capacity Water contributes to the economy and job creation Water is protected, used, developed, conserved, managed and controlled sustainably and equitably Water supports development & elimination of poverty & inequality Objectives International and trans- boundary water resource management Water resources planning, development and infrastructure management Water resources protection Equitable water use Water conservation & water demand management Managing water resources for climate change Regulation of the water sector Execution Enforcement (Cross-cutting)

Getting started: Implementation

Implementing the Strategy (NWRS2): Strategic Actions Will enforce discharge standards wastewater treatment plants. Will enforce resource quality objectives; Enforcement is required to support water allocation and water allocation reform to ensure that water is used according to authorization conditions, and by legally authorized water users. Enforcement of the implementation of WCWDM measures through the NWA will receive enhanced attention over the next number of years.

Challenges facing Enforcement Limited capacity to ensure compliance with authorisation conditions has led to high levels of illegal water use, and pollution There is a major challenge in ensuring the accurate and up-to- date capturing of water use information on the WARMS system Waste Discharge Charge System must be used as an instrument to improve the quality of the degraded rivers wetlands and aquifers. Acid mine drainage (AMD) is a major source of pollution that results from water use practices that were allowed when less stringent conditions were imposed on mine discharges prior to promulgation of the National Water Act.

Challenges facing Enforcement… The proposed mining of gas using hydraulic fracturing techniques, referred to as fracking, can to bring enormous economic benefits to South Africa. Posing threats to the water resource and more research needs to undertaken to best manage impacts. Validation and verification, which is necessary to provide an accurate database of water use to support regulation, is not yet completed and is proving to be a slow and resource-intensive process. Only in the agriculture? A particular attention needs to be given to other sectors A large percentage of water use is authorised as existing lawful use in terms of the previous Water Act (1956), and is not subject to the same conditions that would be applied if this water use was licensed in terms of the National Water Act. While compulsory licensing has been completed in three catchments, the overall process has been slow and is resource intensive and complex.

Alignment with National Development Plan “Equity, Growth and Development” NATIONAL WATER RESOURCE STRATEGY 2 NWRS2 Strategic objectives are now aligned to National Water Act and NDP, ensuring that: Water supports development and elimination of poverty and inequality Water contributes to the economy and job creation Water is protected, used, developed, conserved & managed Water is controlled sustainably and equitably 17

Regulatory Framework DWS will, in co-operation with the DMR and the DEA, augment the current regulatory framework to ensure that the appropriate regulations and controls are in place for the protection of water resources during unconventional gas development DWS will finalise regulations that will require the measurement of water abstracted from the resource for irrigation use and regular reporting on the quantity of water used

Target is to increase irrigation by 50%, but within same allocation Abandoned & new mines pose water pollution threat Significant expansion opportunity in EC Growing impact of rural - urban migration Increased energy requires increased water

Sectors and priorities Private sector Key priorities WCWDM Planning, Infrastructure development, O/M Institutional establishment and Governance Equity CM&E Other Priorities Climate change Research, Monitoring & information Skills and capacity Finance Mining Key Priorities WCWDM Planning, Infrastructure development, O/M Institutional establishment and Governance Equity CM&E Other Priorities Climate change Research, Monitoring & information Skills and capacity Finance Energy Key priorities WCWDM Planning, Infrastructure development, O/M Institutional establishment and Governance Equity CM&E Other priorities Climate change Research, Monitoring & information Skills and capacity Finance Agriculture Key Priorities WCWDM Planning, Infrastructure development, O/M Institutional establishment and Governance Equity CM&E Other priorities Climate change Research, Monitoring & information Skills and capacity Finance Local Government Key Priorities WCWDM Planning, Infrastructure development, O/M Institutional establishment and Governance Equity CM&E Other Priorities Climate change Research, monitoring & information Regulation Skills & capacity Finance

Change Management in the Enforcement arena We must recognise that governance regimes are in fact established when we understand that there are a variety of interdependencies and that our actions do influence others. Whilst it is clear that we need to establish the mechanisms that foster and support the interactions needed to understand our interdependencies, it is also clear that not all individuals or water users choose to understand or acknowledge these various interdependencies. This becomes a basis for conflict and non-compliance with law. As a key element of governance this requires urgent redress such that within the next five years compliance with the law and regulation becomes a norm.

Questions