1 Regulation of the Water & Environment Portfolio State of affairs, areas of convergence, differences, opportunities, etc.

2 Outline of Presentation Technical work Why do we regulate – the background Scope and nature of regulatory functions State of the regulatory functions – backlogs, capacity, systems, challenges Areas of convergence and Opportunities

3 Purpose of Work Technical work undertaken to: –Identify regulatory functions of both departments in relation to legislative and constitutional base –Look at areas of convergence – Look at areas of difference –Identify opportunities for closer work, rationalisation. coordination, integration, avoidance of duplication etc

4 Mandates Challenges in State of the Environment / State of Water Constitution –Rights –Functions of different spheres NEMA, NWSA and NWA Principles – including polluter pays Transformation Batho Pele – delivery of quality services Ultimately – sustainability of natural resources, both in terms of quality and quantity

5 Resulting in Legislation - regulation Acts: –Water – 2 – Environment – at least 9 Regulations –Water - many –Environment – at least 16 “authorisations” stemming from international treaties / conventions –E.g Cites, Prior consent, Basel, shared river management plans; etc.

6 What do we regulate – in summary Water: –Water Use Abstraction and storage Dam safety In-stream use Non-consumptive uses Water discharge & disposal related –Water services Drink water quality Waste water treatment Waste and Pollution management –Waste Activities –Contaminated land –Waste services –Chemicals management

7 What do we regulate (2) Conservation and sustainable exploitation of species and ecosystems –Terrestrial –Freshwater –Marine –Biotechnology –Natural Heritage Emissions to air Environmental impact

8 Scope & nature of regulatory functions Both water and environment regulate on strategic level and on activity level Strategic level –Requirement of “plans” and “strategies” in legislation. Demanded from other government institutions Demanded from sectors Or obligation on Water or Environment departments to develop and implement –Develop, implement and report –Document details some of the plans, norms & standards required through regulation – see section of the document (large numbers of plans required!)

9 Scope & nature of regulatory functions (2) “activity” / sector level –Where the undertaking of an activity / sectors require an authorisation –On applications or through general authorisations –On application - generally involve: Application Information gathering and public participation Authorisation decision and conditions Appeals Compliance monitoring & enforcement –Document – section Activities often require more than 1 authorisation from Water & Environment Great opportunity for improved coordination / integration –Integration and coordination of authorisation processes –Single enforcement? Example in table 3.1.4b – shortened version on next slide

10 Authorisation / Permitting process that could be triggered and relevant competent authorities Activity / Sector Water use licenceEIAWaste PermitEmission LicenceAlien & Invasive SpeciesThreatened and protected speciesMarine Permits (e.g. sea lease, dumping at sea,etcCites treatyPrior informed Consent on listed chemicals andpesticidestants)Threatened eco - systemsGMO RegulationsBasel Permit Agriculture ♣W♣W ♣ E, ▲ ♣ W, ▲ ♣ A; ▲, ○ ♣B♣B ♣ B, ▲ ♣W♣W ♣B♣B ♣W♣W Mining (and activities in mining areas) ♣W♣W ♣ E, ▲, ■ ♣W,▲,■♣W,▲,■ ♣ A; ▲, ○, ■ ♣B♣B ♣ B, ▲ ♣M♣M ♣W♣W ♣W♣W Electricity Generation ♣W♣W ♣ E, ▲ ♣ W, ▲ ♣ A; ▲, ○ ♣ B, ▲ ♣M♣M ♣W♣W Waste Management (process, store & disposal) ♣W♣W ♣ W, ▲ ♣ A; ▲, ○ ♣ B, ▲ ♣M♣M ♣W♣W ♣W♣W

11 State of the Regulatory functions Efficiency –Backlogs, some substantial in some regulatory functions where others are without backlog (backlogs in Water Use licenses, EIA – provinces, APPA certificates, landfill permits) –Regulatory functions in both departments fragmented, impacting negatively on efficiency and effectiveness

12 State of the Regulatory functions (2) Capacity –Generally insufficient – in all regulatory functions, more so where functions are shared with provincial and local government –High skills requirement –High sectoral experience requirement Legislative review –Environment Various Acts and Amendment to Acts recently completed Many Regulations in place and more in development –Water Act, Regulations, various “minimum requirements”, general authorisations, etc in place Review of NWA and NWSA delayed Minimum requirements and other norms & standards being reviewed Availability of systems: –Varies substantially – some have sophisticated systems (such as MAST in MCM) to no systems at all

13 State of the Regulatory functions (3) Other constraints: –Concurrency of functions Coordination of roll out of legislation (different levels of legislation vs Autonomy of different spheres) Splitting of resources where concurrency exists Lack of consistency as result of autonomy Coordination where a concurrent function is dependent on a national functions (e.g. Waste Permits and DWAF RODs, Mining rights & EIAs)

14 State of the Regulatory functions (4) Other constraints: –The need of priority sectors for streamlined regulatory processes as well as demands on natural resources of these sectors –Inadequate financial resources –Interdependence of regulatory processes, Time issues Impacts of inadequate capacity in one of the functions (e.g. EIA time frames, waste permit and DWAF ROD)

15 Opportunities / convergence Both departments deal with natural resource management in both urban and rural contexts At level of planning and strategy for sector overall large opportunities for closer work and for alignment and even integration of processes (biodiversity plans, Environmental Management Frameworks, waste plans etc) The departments contribute to regulatory processes at activity / sector level – eg Water use licences, EIA authorisations, waste permits, marine discharges – offers opportunities to reduce fragmentation, duplication and to streamline regulatory processes with resultant benefits and costs savings to regulated community.

16 Opportunities / convergence (2) Major opportunities to build integrated enforcement capacity – legislative base exists with NWA becoming a specific environmental management act. Need to roll out Environmental Management Inspector training and designation system to DWAF. Opportunities to deal with inconsistencies in approach between the two departments and to achieve policy consistency at a range of levels.

17 Thank you for your kind attention