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3/9/12 PURPOSE: manage the development of an enabling legal regime, licensing/authorization system that will promote enforcement and compliance LEGAL, AUTHORIZATIONS AND COMPLIANCE INSPECTORATE 11
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3/9/12 Who are we DDG: Mr Ishaam Abader Integrated Environmental Authorisations & Systems ComplianceEnforcement Corporate Legal Support & Litigation Appeals and Law Reform CD: Ms Dee Fischer CD: Mr Sonnyboy Bapela CD: Vacant CD: Ms Linda Garlipp D: EIM Systems &Tools- Mr Simon Moganetsi D: Compliance- Mr Sabelo Malaza D: Enforcement- Ms Frances Craigie D: Corporate Legal Services- Ms Vanessa Bendeman D: Law Reform and Appeals- Mr Sibusiso Shabalala D: Senior Scientific Advisor- Ms Amanda Britz D: C & E Support Services – Mr Mark Jardine D: EIM Capacity Building- Ms Sibusiswe Hlela Acting D: EIE- Ms Milicent Solomons 22
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3/9/12 ACHIEVEMENTS 2011/12 PERFORMANCE INDICATORTARGETPROGRESS Percentage of all DEA complaints and incidents processed and investigated. 75% of received DEA complaints and incidents processed and investigated. 94% Number of facilities inspected70 facilities inspected 70 Percentage of administrative enforcement actions resulting in compliance 75% of administrative enforcement actions resulting in compliance 60% Percentage of total number of EMIs (excluding Grade 5 undergoing specialised training courses 19%(60 out 311) 19% Number of local authority officials trained as EMIs 50 EMIs trained 50 33
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3/9/12 ACHIEVEMENTS 2011/12 PERFORMANCE INDICATORTARGETPROGRESS NEMA Chapter 5 amended to address shortfalls in section 24C, 24G and “activities undertaken in response to emergency incidents or natural disasters” Gazette amended act The Bill is before Cabinet for consideration. Percentage of applications for environmental authorisations finalised within prescribed time frames, provided that no more than 400 applications per annum are received 88% applications for environmental authorisations processed within prescribed within prescribed time frames, provided that no more than 400 applications per annum are received. 76% Environmental Assessment and Management Strategy finalised and implemented Strategy completed Draft sub-theme reports completed Number of environmental management instruments developed and implemented to assist provinces and municipalities in environmental impact management and spatial planning One EMF initiated for an area under development pressure and progress to draft status quo phase 2 National EMFs finalised, 6 provincial EMFs approved by Minister and 3 concurrence letters to initiate EMFs signed by Minister Number of officials trained in environmental impact management 50 officials trained 50 Integrated and coordinated regulatory system for environmental management of mining Framework and protocol for monitoring and enforcement of mining activities DMR and DEA met. Awaiting Minister’s decision. 44
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3/9/12 Infrastructure Development of Environmental Management Frameworks (EMFs) where certain areas are identified as critical development areas with increasing development pressures. The Department further intends to initiate the development of regulations to legislate the development of Strategic Environmental Assessments (SEAs) and is working towards the development of a Strategic Environmental Management Framework for energy applications, specifically renewable energy applications 55
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3/9/12 EMFs 66
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3/9/12 TARGETS 2012/13 SOPERFORMANCE INDICATORTARGET Improved compliance with environment legislation Percentage of all DEA complaints and Incidents processed and investigated 85% Number of facilities inspected85 Percentage of administrative enforcement actions resulting in compliance 75% Number of criminal investigations finalised and dockets handed over for prosecution 18 Percentage of EQP related- complaints, notices and directives in relation to which reactive inspections will be conducted 75% of all DEA related complaints finalized by March 2012 Number of compliance inspections against DEA exclusive functions 29 77
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3/9/12 TARGETS 2012/13 SOPERFORMANCE INDICATORTARGET Potential negative impacts of all significant developments prevented or managed Percentage of applications for environmental authorizations finalised within prescribed timeframes provided that no more than 400 applications per annum are received 88% Number of environmental management instruments developed and implemented to assist provinces and municipalities in environmental impact management and aid spatial planning 1 additional EMF developed Environmental Assessment and Management Strategy finalised and implemented 100% of strategy completed and submitted to the PSC for comment. % of waste licence applications finalised within legislated timeframe 95% % decrease in unlicensed waste disposal sites56 88
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3/9/12 TARGETS 2012/13 SOPERFORMANCE INDICATORTARGET Effective Legal Support Percentage of litigation matters received dealt with 100% Percentage compliance with the implementation of PAIA. 100% Percentage of requests for legislative support dealt within timeframe 90% Percentage of legal support matters (legal opinion & vetting of contracts; licences; authorizations; permits; directives; international agreements; departmental correspondence; application of environmental legislation and internal policies) dealt with as per service standards 85% Percentage of received appeals dealt with within prescribed time frames 85% 99
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