SOUTH AFRICAN WEATHER SERVICE AMENDMENT BILL, 2013 Briefing to the Portfolio Committee on Water and Environmental Affairs 25 July

BACKGROUND The purpose of the South African Weather Service Act, 2001 (Act No. 8 of 2001) was to establish the South African Weather Service as well as its operational parameters. In order to meet the information requirements for good air quality governance and ensure full compliance with the National Environmental Management: Air Quality Act of 2004, the Department together with the South African Weather Service has developed the South African Air Quality Information System and the National Ambient Air Quality Monitoring Network. The Department has a memorandum of agreement with the South African Weather Service in place in terms of which the South African Air Quality Information System is currently implemented. 2

BACKGROUND The Department and the South African Weather Service (SAWS) agreed that the South African Weather Service Act, 2001 (SAWS Act) must be amended to provide the SAWS with the legal mandate to implement the aforementioned systems efficiently and effectively. Most of the proposed amendments deal with the ambient air quality information service function. 3

OBJECTIVES OF THE BILL The South African Weather Service Amendment Bill, 2011 seeks to amend the SAWS Act to: Add definitions, Remove redundant provisions, Provide for additional functions of SAWS pertaining to:  The rendering of ambient air quality information services.  Be the custodian of the South African Air Quality Information System and the National Air Quality Monitoring Network.  The operation of the national air quality monitoring network. Include an offences and penalties provision. 4

CLAUSE 1 This clause revises and add the following definitions as a result of the proposed amendments providing the SAWS with a legal mandate to deal with the ambient air quality information function: Advisory services; Air Quality Act; Ambient air; Ambient air quality forecast; Ambient air quality warning; Emission; Greenhouse gas; National Ambient Air Quality Monitoring Network (NAAQMN); National framework; and South African Air Quality Information System (SAAQIS). 5

CLAUSE 2 Clause 2 seeks to extend the objectives of SAWS to include ambient air quality information. In this regard, SAWS will be the long term custodian of the SAAQIS. 6

CLAUSE 3 Clause 4 seeks to extend the functions of SAWS to- provide ambient air quality information service; collect ambient air quality data; act as custodian of the SAAQIS; receive, process and store ambient air quality data; manage, operate, maintain and develop NAAQMN. This clause further seeks to provide SAWS with a discretionary power to issue ambient air quality forecasts and ambient air quality warnings. 7

CLAUSE 4 Clause 4 inserts a new section 4A to provide the Minister with supervisory powers to monitor SAWS exercise and performance of its functions. The Minister may set norms and standards for the performance of its functions or issue directives on policy, planning, strategy and procedural issues to effective and efficient functioning of SAWS. 8

CLAUSE 5 Clause 5 seeks to ensure that the needs of air quality management stakeholders are considered by the Minister when members of the Board of SAWS are appointed. This amendment will ensure that all stakeholders are adequately represented in the Board. 9

CLAUSES 6 & 7 Clause 6 seek to allow the Chief Executive Officer to appoint or have such number of employees seconded from the Department to SAWS to perform such functions as are necessary, subject to such terms and conditions that the Board may determine. Clause 7 seeks to align the SAWS Act with section 49(2)(a) of the Public Finance Management Act, 1999 by providing for the Board of SAWS to be the accounting authority for SAWS. 10

CLAUSES 8 & 9 Clause 8 seeks to repeal the transitional arrangements contained in section 18 of the SAWS Act which provides for the transfer of staff from the former Chief Directorate Weather Bureau of the Department. Section 18 is no longer relevant. Clause 9 inserts a new section 27A to limit the liability of SAWS if the damage, loss or injury caused is during the course of exercising a power or function assigned by the SAWS Act. 11

CLAUSE 10 The SAWS Act does not contain any offences or penalties despite SAWS being regarded as a single authoritative to issue severe weather warnings over the country. Clause 10, ensuring compliance with the SAWS Act, inserts the following offences: an offence for any person to publish, disseminate or distribute false or misleading severe weather warning; an offence for any person to impersonate or falsely misrepresent himself or herself as a SAWS employee or purport to act on behalf of SAWS; an offence for any person to unlawfully use official or corporate branding of SAWS 12

CLAUSE 10 In line with other environmental legislation, the clause proposes a fine not exceeding R5 million or an imprisonment period not exceeding 5 years for a first conviction, and a fine not exceeding R10 million rand or an imprisonment period not exceeding 10 years for a second or subsequent conviction. The clause also empowers the court to award compensation where the offence causes damage to or loss of property. The clause further allows for the Magistrates’ Court to be given jurisdiction to impose the penalties prescribed by the Bill. 13

CLAUSES 11 & 12 Clauses 11 and 12 seek to amend Schedules 1 and 2 to the SAWS Act respectively by providing for additional public good services and commercial services which relate to ambient air quality information generated through the SAAQIS. 14

THANK YOU 15