Briefing to Select Committee Programme 2: Environmental Quality and Protection March 2011 Presentation of 2009/2010 Annual Report

Overview Branch reporting on performance information relation to the 2009/10 departmental strategic plan targets(Achievements & Challenges) Support to Provinces and Local government Programme 2 Expenditure Trends Presentation Outline

Overview Strategic Objectives Protect and Improve the Quality and Safety of the Environment Key Performance Areas Prevent and manage potentially negative impacts of development and development patterns on the environment. Ensure compliance with Environmental Legislation Improve air and atmospheric quality. Prevent and reduce pollution and waste.

Branch Structure BRANCH ENVIRONMENTAL QUALITY AND PROTECTION PURPOSE To provide overall leadership and direction of the Branch: Environmental Quality and Protection and the development, implementation and maintenance of the Environmental impact management systems CHIEF DIRECTORATE AIR QUALITY MANAGEMENT 43 BRANCH TOTAL = CHIEF DIRECTORATE REGULATORY SERVICES DIRECTORATE COORDINATION AND ADMINISTRATION (EQP) CHIEF DIRECTORATE POLLUTION AND WASTE MANAGEMENT CHIEF DIRECTORATE ENVIRONMENTAL IMPACT MANAGEMENT 74 1 Deputy Director-General L15 1 Office Administrator L8 1 Senior Administrative Officer L8

Key Performance Indicator TargetAchievements/Challenges/ Corrective measures Policy and legislative framework for environmental impact management developed. Act 62 of 2008 effective 2009 EIA Regulations promulgated NEMA Amendment Act in effect and Waste activities repealed from Environmental Impact Assessments (EIA) regulations on 03 July Notice on amendment for gas extraction has been submitted, Environmental Management Framework regulations and 3 listing notices edited. A presentation was done at the International Association for Impact Assessment: South Africa Conference % of National EIA applications processed with prescribed time frames. 85% of national EIA applications processed within prescribed timeframes. 75% of 560 applications processed within timeframes. However more than 85% of the targeted 200 applications were processed % of S24G applications processed within service standards. 95% of S24G applications processed. Conducted 96 site inspections. 93 applications still pending and seven applications finalised. S24G Contract extended till March 2010 to facilitate completion of project. Key Performance Area: Prevent and manage potentially negative impacts of development and development patterns on the environment. ACHIEVEMENTS AND CHALLENGES

Key Performance Indicator TargetAchievements/Challenges/ Corrective measures % of pending Environment Conservation Act (ECA) EIA applications processed within prescribed timeframes. 98% of pending ECA EIA applications processed. 98% of pending ECA EIA applications have been processed. % EIA appeals finalized within timeframes. 95% appeal inputs made within prescribed timeframes. 100% appeal inputs made within prescribed timeframes. Number of EIA administrators/ officials trained in EIA administration. 150Total of 286 officials trained in EIA administration. % completion and implementation of fee structure. 100% completed and 15% implemented. Fee Structure document completed. Implementation has been delayed due to decisions to await promulgation of regulations and public consultation process. Key Performance Area: Prevent and manage potentially negative impacts of development and development patterns on the environment. 6

ACHIEVEMENTS AND CHALLENGES Key Performance Indicator TargetAchievements/Challenges/ Corrective measures % implementation of Strategic Important Development (SID) guideline and Energy Response Policy (ERP) guideline. 60% SID guideline and 80% ERP guideline. 60% of SID applications processed within agreed time frames. 80% of ERP projects processed within ERP guidelines. Number of EIM applications reviewed. 5 EIM applications reviewed. 4 Applications received reviewed. Not enough EIM applications were received for review. Number of SANAP Audit Reports. 3 SANAP Audit reports 3 SANAP audits were undertaken 8 new SANAP research project proposals were evaluated. SANAP operations-related environmental management system reviewed Voyage ended in April. Due to voyages timing only 2 reports were finalised Key Performance Area: Prevent and manage potentially negative impacts of development and development patterns on the environment. 7

ACHIEVEMENTS AND CHALLENGES Key Performance Indicator TargetAchievements/Challenges/ Corrective measures Number of Environmental Management Frameworks finalized. 1 provincial and 1 national EMFs finalised. Olifants Letaba Catchment EMF ahead of schedule and National EMF completed Gazetting of Garden Route EMF delayed - awaiting EMF Regulations. Number of DEAT assisted EMF. 6 DEAT assisted provincial EMFs and 1 national EMFs initiated. 6 DEAT assisted provincial EMFs and 1 national EMF initiated. North West, Kwazulu Natal, Eastern Cape, Free State, Limpopo (Olifants/Letaba) and Emakhazeni Local municipality EMF, Mpumalanga province. % completion of EIM strategy. 50% completed.Strategy was completed and accepted. Project steering committee established. Project Plan completed, Governance structures established Key Performance Area: Prevent and manage potentially negative impacts of development and development patterns on the environment. 8

ACHIEVEMENTS AND CHALLENGES Key Performance IndicatorTargetAchievements/Challenges/ Corrective measures % of EQP related-complaints, notices and directives in relation to which reactive inspections will be conducted. 90%Reactive inspections were conducted on 85% of EQP related complaints, notices and directives. Previous year backlog was cleared 50%100% complaints recorded and referred (344 complaints were received). Key Performance Area: Ensure compliance with Environmental Legislation. 9

ACHIEVEMENTS AND CHALLENGES Key Performance IndicatorTargetAchievements/Challenges/ Corrective measures Number of sector-based strategic inspections conducted 1010 inspections conducted: Holfontein H:H Landfill site; Vissershok Landfill Site; Roodepoort HCRW Incinerator; Pikitup HCRW Incinerator and Mondi Piet Retief; Columbus Steel; Sappi Enstra; Lethabo Power Station; ASA Metals and Matimba power Station Number of DEAT issued Environmental Authorisations (EAs) inspected. 5 DEAT issued EA’s will be inspected. 1 separate pilot inspection on the Asbestos regulations. One National Blitz in the Basel Convention. 17 compliance inspections on Environmental authorisations were conducted and on the following ROD’s: Construction of DFA building at Meintjieskop; Construction of low-flow gauging Station –DWAF WC; Construction of a road: SANRAL Joint Venture-R21/John Voster; Ingula 2 dams; Ingula Access roads; Ingula 22Kv Line; Ingula Asphalt plant; Ingula Bridge; Ingula Telekom line Construction of a road: SANRAL R21 upgrade. Airports Company of South Africa: King Shaka & OR Tambo Airports Key Performance Area: Ensure compliance with Environmental Legislation. 10

ACHIEVEMENTS AND CHALLENGES Key Performance IndicatorTargetAchievements/Challenges/ Corrective measures % of section 30 emergency incidents processed and finalized. 90% of section 30 incidents are finalised. 62 Section 30 inspections (including those carried over from previous financial year) 36 (58%) finalised in conjunction with provinces. 95 complaints received.100% complains recorded and referred. 70.5% complaints were closed with referral to institutions and feedback was provided to complainants Number of criminal investigations finalised and dockets handed over for prosecution. 12A total of 25 criminal investigations finalised and dockets handed over for prosecution. Awaiting decision from Nation Prosecuting Authority in relation to 17 while 8 will be set down for appearance in court Strategic compliance and enforcement operations in respect of Health Care Risk Waste (HCRW), Asbestos Regulations and Basel undertaken. HCRW operation 1 pilot inspection on the Asbestos regulations One National Blitz in the Basel Convention. Terms of reference (ToR) approved. Funding obtained through Urban Environmental Management Short Term Technical Assistant (UEM STTA). Import restrictions imposed. Asbestos phase out plans being reviewed. Work in relation to Asbestos and Basel was not undertaken due to capacity issues and challenges with legislation. Work will be done in 2010/11 financial year Key Performance Area: Ensure compliance with Environmental Legislation. 11

ACHIEVEMENTS AND CHALLENGES Key Performance Indicator TargetAchievements/Challenges/ Corrective measures Strategic compliance monitoring tools and guidelines reviewed and developed. Simplification and awareness-raising of S30 guideline with key stakeholders. Review of section 24G guideline and draft procedure for Emergency Incidents included in Environmental Management Inspectorate (EMI) Operating manual. Gauteng identified as possible pilot for the implementation Number of Environmental Management Inspectors trained (Basic, Specialised Training Courses, International Placements and hands-on training). Additional 120 EMIs trained. Additional 224 EMIs were trained at the three institutions (UNISA, University of Pretoria (UP) and Cape Peninsula University of Technology (CPUT)). Number of justice officials (prosecutors and magistrates) trained in environmental crime. Additional 100 justice officials trained. Additional 141 prosecutors have been trained to date. Implementation plan for the roll-out of key EMI Standard Operating Procedures developed. Implementation plan developed for the EMI- SAPS Standard Operating Procedures or Response and referral on non-compliance. Response and Referral Standard Operating Procedures finalised and included in EMI Operating Manual. EMI-SAPS Standard Operating Procedures to be amended prior to roll-out and implementation. Key Performance Area: Ensure compliance with Environmental Legislation. 12

ACHIEVEMENTS AND CHALLENGES Key Performance IndicatorTargetAchievements/Challenges/ Corrective measures Number of ambient air quality monitoring stations providing information to South African Air Quality Information system. 24Phase I, the ambient air quality monitoring component, of the South African Air Quality Information System (SAAQIS) was launched on 23 March 2010 and, at that time, 42 ambient air quality monitoring stations were providing information to the SAAQIS. Number of metros and district municipalities with air quality that does not meet ambient air quality standards of 164 (89%) of outstanding APPA Registration Certificates processed by year end and remaining 18 to be concluded with new Licensing Authorities. The current indicator is difficult to measure and report on accurately in the absence of monitoring data for all municipalities in South Africa. New quality indicator developed for 2010/11 financial year Key Performance Area: Improve air and atmospheric quality. 13

ACHIEVEMENTS AND CHALLENGES Key Performance IndicatorTargetAchievements/Challenges/ Corrective measures Waste Management strategy in place.Waste Activities List published. Waste Management activity list published. Waste Activities repealed from the EIA regulations. Waste Management Regulations in place. Waste Information System (WIS) Regulations in effect. Waste Management activity list published. Waste Activities repealed from the EIA regulations. Wrote letters to provincial departments indicating process with regard to administration of the new licensing regulation. Health Care Risk Waste (HCRW) Regulations developed TOR for research on two key aspects to support the development of the HCRW policy developed and approved. Funding obtained through Urban Environmental Management (UEM) Short Term Technical Assistant (STTA). Waste Management Model By-law developed. Information on existing Bylaws collected and draft scope of the Bylaw defined. Report on existing analysis of existing waste-by- laws drafted. The drafting of the Model bylaw started and consultations is in progress. Key Performance Area: Prevent and reduce pollution and waste. 14

ACHIEVEMENTS AND CHALLENGES Key Performance Indicator TargetAchievements/Challenges/ Corrective measures Implementation phase of plastic, asbestos and tyre regulations. Implementation of Phase 1 [Review Buyisa’s Strategic Plan & Objectives & develop National standard on plastic bags]. The technical reference group for the development of the standards for recyclate in refuse bags and bin liners set up by the South African Bureau of Standards (SABS) and DEA is providing input. The technical reference group for the revision of the compulsory standards set up by SABS and a first draft of the revised standard is available. Iterative process with the Review of Buyisa’s Business plans. Implementation of phase 1 [Asbestos phase out plans approved and compliance plan developed by March 2010]. All asbestos phase out plans received have been reviewed. The final regulatory action for asbestos sent to the Secretariat for communicating to all Parties to the Rotterdam Convention. Import restriction imposed. Implementation of phase 1 [Database for all industry players developed and Integrated Industry Waste Tyre Management Plans (IIWMP) gazetted by March 2010]. A registration system has been developed and all registrations have been captured and numbers provided. Letters written to all stakeholders identifying the requirements of the regulations. The regulations have been advertised in all regional newspapers. Notification of effective date of Regulations gazetted. Country wide advert for identification of tyre stockpilers. Key Performance Area: Prevent and reduce pollution and waste. 15

ACHIEVEMENTS AND CHALLENGES Key Performance Indicator TargetAchievements/Challenges/ Corrective measures Waste management guidelines in place. Guidelines for blending platform initiated. Notice for gazetting of thermal policy prepared and submitted. Finances for blending platform secured by two donors. A draft TOR done. Draft Revised Hazardous Classification System developed Technical reference group set up. The international literature review, the local literature review and the review of the Minimum Requirements versions 1998 and 2005 have been undertaken and the documents are available. A draft framework for the revised classification has also been developed. Guideline for Industry Waste Management Plans developed. Guideline for Industry Waste Management Plans. Developed draft guidance documents and consulted with industry. Draft guideline completed. Norms and Standards to support waste Management Act developed Norms and standards for storage, treatment, disposal planning & remediation of contaminated land. Norms and standards for storage, treatment, disposal, planning and National Domestic waste standards developed. National Domestic waste standards developed. Norms and standards for storage, treatment, disposal, planning and National Domestic waste standards developed. Draft developed and gazetted for comment. Key Performance Area: Prevent and reduce pollution and waste. 16

ACHIEVEMENTS AND CHALLENGES Key Performance IndicatorTargetAchievements/Challenges/ Corrective measures Number of Waste Management facilities applications processed within legislated timeframes. 180 applications processed. 192 Waste License/Permits applications were received and processed. 60 waste delisting authorizations issued with 95% issued within two weeks Number of applications from unpermitted waste disposal sites processed provided 116 or more received 116 applications processed 112 applications received and processed. 95 sites licensed and 17 sites transferred to phase II Number of provincial officials trained on waste licensing 27Training on landfill design provided to 9 provinces. Additional workshop & telecons on Hazardous Waste licensing done. Key Performance Area: Prevent and reduce pollution and waste. 17

ACHIEVEMENTS AND CHALLENGES Key Performance Indicator TargetAchievements/Challenges/ Corrective measures The National Climate Change Response Policy published. National Climate Change Response Green Paper published. National Climate Change Response database (NCCRD) has been developed. Sector sessions conducted to determine South Africa’s adaptive capacity within key sectors. Framework for sector specific plans finalised. State of Play Report on current knowledge for priority adaptation Sectors finalised and used as a basis for policy input. Implementation plan guidelines finalised and workshopped with sectors. The department participated at adaptation stakeholder consultation processes within and outside government and including international engagements on adaptation. Strategic Objective: Facilitate an effective national mitigation and adaptation response to climate change Key Performance Area: Respond and adapt to Climate Change Impacts. 18

ACHIEVEMENTS AND CHALLENGES Key Performance IndicatorTargetAchievements/Challenges/ Corrective measures Priority pollutants identified and declared.CO2 identified as a priority pollutant Discussion document drafted and circulated for comments. Green House Gas (GHG) monitoring and reporting system in place. GHG information monitoring and reporting regulations drafted. A web-based National GHG Information Management System included as part of the South African Air Quality Information System (SAAQIS) Phase II (Emission Inventory) Project. 100% completed. Draft national GHG Inventory was published for public comments in Gazette No under Notice No Included as part of the SAAQIS and NAAQMN handover to SAWS. Key Performance Area: Mitigate the impacts of climate change 19

ACHIEVEMENTS AND CHALLENGES Key Performance IndicatorTargetAchievements/Challenges/ Corrective measures % of South African positions on international multilateral sustainable development & trade, chemicals and climate change environmental, agreements and cooperation successfully negotiated and reported on 60% (average)Average 71% of South African objectives were achieved during negotiations % of South African positions on multi- lateral, African and bi-lateral, South- South and South-North governance and relations prepared for, coordinated, negotiated and reported on 58% (average)Average 70% of South African objectives were achieved during negotiations Strategic Objective: Promote a Global Sustainable Development Agenda Key Performance Area: Effectively manage and facilitate DEAT's international relations and engagements 20

Support to Provinces and Local Government

Locality (Province/ Municipality) Service providedAchievements/ Progress ChallengesCorrective measures/ future plans Gauteng Province Emfuleni, Midvaal and Metsimaholo Local Municipalities. Air Quality Management Plans (The Vaal Triangle & Highveld Air-shed Priority Areas) Vaal Triangle o Management Plan promulgated. o Implementation Committee established. Highveld: o Plan under development. o Air Quality Officers forum and Multi- Stakeholder Reference Group fully operational. o Baseline Assessment completed None Air Quality Management & Climate change

Locality (Province/ Municipality) Service providedAchievements/ Progress ChallengesCorrective measures/ future plans Ethekweni - KZNRenewable energy and climate change mitigation awareness and advisory service Workshops held and ongoing consultation towards development of the renewable energy sector strategy and implementation None2 workshops planned for Ongoing policy advisory service Tshwane - GautengEstablishment of a climate change strategy and CDM desk Assistance and support provided on strategy formulation and creation of the CDM Desk Initial buy-in from councillors Support secured and CDM desk operationalised City of Cape Town – Western Cape 10% energy saving target project Ongoing technical support and advice Financial barrierApply for DSM funding from Treasury Lephalale - Limpopo Technical support and advice to Lephalale Environmental Forum Ongoing support and technical advice on energy, water shortage and transport Development planning, integration and impact of large scale power projects Ongoing consultation and follow-up Air Quality Management & Climate change

Locality (Province/ Municipality) Service providedAchievements/ Progress ChallengesCorrective measures/ future plans All provincesAtmospheric Emission License Programme Workshops Well attended by Provinces and Districts Free State and Northern Cape were not represented Capacity in non- industrialised regions Some districts do not have AQM structure DEA to organise a workshop in Free State and NC in February Province to undertake licensing responsibilities Eastern Cape & Gauteng Province Atmospheric Emission License Programme Session well attended Setting up the structure No AQM structure in West rand district Transition within the City structures Budgeting and filling of positions Provinces to assist municipalities in the establishment of AQM structure and licensing function All provincesAPPA Database Training Well attendedNo database administrator appointed yet Provinces to appoint administrators

Environmental Impact Management Locality (Province/ Municipality) Service providedAchievements/ Progress ChallengesCorrective measures/ future plans All municipalities, provincial and national departments Efficient and effective EIA EIA Backlogs eradicated; Regulated time frames for EIAs 70% adhered to o Non-compliance by government departments to environmental legislation; o Inadequate capacity and funding to roll out expedited EIA process (SID EIA strategy) to all government projects o Development and implementation of capacity development and awareness strategy on EIA and related legislation o Expand SID to all government development projects (Funding strategy) All provincesThe development of an environmental management framework (EMF) to aid spatial planning and inform decisions on development applications NC, MP: EMF implemented Draft EMF for other provinces Integration into spatial planning of the municipality. Use of the EMF GIS by municipal officials. Coordination between spheres of government; poor delivery by service providers Finalization, implementation and integration with spatial planning

Waste Management Locality (Province/ Municipality) Service provided Achievements/ Progress ChallengesCorrective measures/ future plans All ProvincesWaste Collection services o Domestic waste collection project in Mafikeng resulted in households being provided with domestic waste services during October o Prioritisation of waste collection by municipalitie s o Financial constraints o Institutional Capacity o Technical Capacity o Contracted a Service Provider to develop the following: Waste sector Plan National Domestic Waste Collection standards Policy on Free Basic Refuse Removal Services o Lessons from Mafikeng pilot project to be rolled- out to other municipalities o Resource requirements for eradication of backlogs has been fed through to the MIG review and Comprehensive Infrastructure Plan programmes

Waste Management Locality (Province/ Municipality) Service providedAchievements/ Progress ChallengesCorrective measures/ future plans All ProvincesProcessing waste management facilities applications within legislated timeframes 30 applications which were received were processed within legislated timeframes None All Provinces Processing of applications from unpermitted waste disposal sites 64 applications which were received have been processed Submission of applications Assistance provided to municipalities in completing applications

Regulatory Services Locality (Province/ Municipality) Service provided Achievements/ ProgressChallengesCorrective measures/ future plans Western Cape, North West & Kwazulu Natal Training of justice official (prosecutors and magistrates) in environmenta l crime o 2 prosecutor training workshops held- NW (33) & WC (43) prosecutors. o 1 Magistrates workshop held in KZN province (24) magistrates. o Final draft of magistrates bench book sent to magistrates for comment o Planning for 2010/11 events o Lack of feedback to inform future workshops; o Ensuring that training focuses on officials that actually prosecute environmental crimes o Report to be generated from course evaluation forms and discussed with Justice College o Advanced training for prosecutors in 2011 All provinces Ensuring compliance with environmenta l legislation o 30% of section 30 emergency incidents processed and finalised o 13 DEA issued Environmental assessments have been inspected o 7 out of the 10 planned compliance inspections conducted o Finalisation of inspection reports

Programme Expenditure Trends and Budget

2009/10 Allocation versus Expenditure Per Key Performance Area KEY PERFORMANCE AREAFINAL APPROPRIATI ON ACTUAL EXPENDITURE AS AT 31 MARCH 2010 % SPENT EXPLANATION ON VARIANCE R’000 % Prevent and manage potentially negative impacts of development and development patterns on the environment %None Ensure compliance with Environmental Legislation %None Improve air and atmospheric quality %None TOTAL %None

2009/10 Spending per Economic Classification Economic Classification FINAL ALLOCATION Actual Expenditure at 31 March 2010 Deviation% spent CURRENT PAYMENTS R’000100% Compensation of Employees % Goods and Services % Financial transactions in assets and liabilities % Transfer Payments % Provinces and municipalities ---- Non profit institutions % Capital Expenditure % Machinery and equipment % Software and other intangible assets % TOTAL %

Allocation trend over the 2011/12– 2013/14 MTEF (Operational Budget) Key Performance Area2011/12 R’ /13 R’ /14 R’000 Prevent and manage potentially negative impacts of development and development patterns on the environment Ensure compliance with Environmental Legislation Improve air and atmospheric quality Prevent and reduce pollution and waste TOTAL

Allocation trend over the 2011/12 – 2013/14 MTEF (Compensation of Employees) Key Performance Area2011/12 R’ /13 R’ /14 R’000 Prevent and manage potentially negative impacts of development and development patterns on the environment Ensure compliance with Environmental Legislation Improve air and atmospheric quality Prevent and reduce pollution and waste TOTAL

Key Performance Area2007/08 R’ /09 R’ /10 R’000 Prevent and manage potentially negative impacts of development and development patterns on the environment Ensure compliance with Environmental Legislation Improve air and atmospheric quality Prevent and reduce pollution and waste TOTAL Audited Outcome 2007/8 – 2009/10 MTEF

END Thank you for your attention