progress on the the environmental designation of emis ... · stage 1: establishment of a national...
TRANSCRIPT
The Environmental
Management Inspectorate Legislative Framework
Challenges, Achievements and Lessons Learnt
Department of Environmental Affairs and Tourism
DWAF/DEAT Meeting – 12 August 2008
PROGRESS ON THE
DESIGNATION OF EMIS:
EPISODE 3 AQG Lekgotla, uMhlanga, KZN 07 October 2014
Mark Jardine
Director: EMI Capacity Development and Support
The Municipal Trilogy…
Episode 1: The Municipal EMI: 2007 -
2009 (AQGL: Gauteng: October 2009)
Episode II: Training and Designation of
Municipal EMIs: 2009-2010 (AQGL:
Limpopo: October 2010): 2009-2010;
Episode 3: Progress on the Designation
of EMIs: 2010-2014 (AQGL: October 2014,
KZN).
Quick Recap of Episode 1: The
Municipal EMI: 2007-2009 May 2005: NEMA is amended
to create the EMI;
2007: Compliance and
Enforcement sector starts to
think about the role of local
authorities – feasibility study
(Gauteng) concept document
(National)
Episode 1: The Municipal EMI:
2007-2009 (cntd)… July-December 2007: first round
of local authority officials attend EMI Basic Training (42);
2008: initial meeting with the HPCSA to explore the potential links between EHPs and EMIs;
May 2009: DEA sources NORAD funding and sends invitation to local authorities listed in Table 24 NAQ Framework
Episode I1: Training and Designation of
Municipal EMIs (2009-2010)
January 2010 Multi-stakeholder Workshop:
Attendees:
1 national and 9 provincial environmental authorities;
17 local authorities;
DOH, HPCSA and SAIEH;
Invitations to SALGA and COGTA.
Agenda:
Breakaway groups to discuss national guideline;
Joint strategic compliance inspections;
S30 NEMA Emergency Incidents;
Referral of environmental complaints and incidents;
Provincial action plans re: municipal EMIs
Episode II: January 2010 Workshop
The (main) debating points:
EHP and the EMI;
Human and Financial Resource variation amongst the local authorities (metro v rural);
Training: cost and application of RPL;
Municipal structures/functions: environmental health and environmental management;
Designating authority: Minister, MEC, Mayor;
Ongoing role of national and provincial authorities.
Episode I1: Training and Designation of
Municipal EMIs (2009-2010)
2010: Continued training of local authority
EMIs (UNISA: first semester = 10, second
semester = 12);
Consultation of national guideline with
DEA’s local government support section;
June 2010: EMI-EHP Task Team engage in a
comparison between EMI and EHP training
programmes
EMI-EHP comparison – Key Findings
Content:
EHP course is a scientific, technical course with a flavour of law enforcement v EMI course is a law enforcement course with a flavour of science/environmental;
EMI caters for on-the-job training v EHP Diploma: full time students;
EMI – most similarities with subjects in Management Practice III and the peace officers course.
And Now…
Presenting…
Episode III: Progress on the Designation of EMIs: 2010-
2014
Episode III: Progress on the
Designation of EMIs: 2010-2014
03 February 2011: Minister sends letters to the MECs:
Informing MECs that they would be the interim “designating authority” for EMIs;
enclosing the Draft National Guideline and the Implementation Protocol (IP)Template;
requesting the appointment of a WGIV EMI Local Authority Provincial Nodal Point;
requesting that the conclusion of IP be prioritised in order to commence with designation.
Episode III: Progress on the Designation of EMIs:
2010-2014
March 2011: in response to Ministerial
letters, MINTECH WGIV agrees on an
Implementation Project plan that is
aimed at
providing the names of the EMI Local
Authority Provincial Nodal Points;
setting out the standard procedure to be
followed in the implementation of the
project.
EMI Local Authority: WGIV Project Plan
Deliverable Activity
undertaken/to be
undertaken
Timeframe Status Responsibility
STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK
1.1 Stakeholder
Engagement
Multi-stakeholder
workshop held with
various national,
provincial and local
authorities
Jan 2010 Completed DEA
1.2 National Guideline
for Local Authority
EMI Roll Out
Consultation with
local authorities
through DEA ASD:
Local Government
Support, MINTECH
WGIV, MINTECH and
MINMEC approval
Dec 2010 Completed DEA
1.3 Provincial Nodal
Points nominated for
project
MINTECH WGIV
members listed as
provincial nodal
points
Mar 2011 Completed DEA
EMI Local Authority: WGIV Project Plan Deliverable Activity undertaken/to be undertaken Timefram
e
Status Responsibility
STAGE 2: IMPLEMENTATION OF A PROVINCIAL DESIGNATION SYSTEM FOR LOCAL AUTHORITY EMIS
2.1 Implementation
Protocol (IP)
Communication from MEC to Executive Mayors/Councils re: nature and purpose of the IP (letters, MEC-MMC forums etc.);
Identify Responsible Persons in terms of the IP (same as provincial nodal points?);
Send draft IP to Legal Services sections for vetting;
Signature of the IP between the MEC and the Executive Mayor prior to any designation
To be done
Provincial nodal
points
2.2 Designated local
authority EMIs
Identify local authority officials that have already received EMI Basic Training;
Develop local authority EMI register to capture all designated municipal EMIs plus report to national DEA for overall national register;
Provincial and local “responsible persons” to agree on mandate and grade to be designated (re: Annexure to National Guideline);
Preparation and signature of local authority EMI designation letters;
EMI card printer (TBC)
EMI Local Authority: WGIV Project Plan Deliverable Activity undertaken/to be undertaken Timefram
e
Status Responsibility
STAGE 3: PROVINCIAL COMPLIANCE AND ENFORCEMENT SUPPORT PROGRAMME
3.1 Operational
and Capacity-
Building Support
for Local Authority
EMIs
Undertaking of joint provincial and local authority compliance and
enforcement operations (inspections, investigations etc.),
especially in the less capacitated local authorities;
Convening of regular WGIV-type meetings with provincial and
local environmental authorities;
To be done Provincial nodal
points
3.2 EMI
Information Toolkit
for local
authorities
EMI Code of Conduct;
EMI Corporate Identity Manual;
EMI Training DVDs;
EMI website;
Environmental Legislation Compendium;
EMI Pocketbooks;
EMI Powers Green Booklet;
EMI website;
EMI Enquiry/Docket
To be done Provincial nodal
points
EMI Local Authority: WGIV Project Plan Deliverable Activity undertaken/to be undertaken Timefram
e
Status Responsibility
STAGE 4: CLARIFY ACCOUTABILITY AND REPORTING PROCEDURES
4.1 Local
Authority EMI
Reporting
System
Monthly EMI activities report to be compiled by the local
authority “responsible person” and submitted to provincial
“responsible person” on a regular basis (same format as
NECER spreadsheets).
To be
done
Local and
Provincial
“Responsible
Persons”
4.2 Local
Authority EMI
Whistleblowers
Reporting
System
System developed for the reporting of non-compliances with
NEMA and/or SEMAs by local authority employing the EMI
To be
done
Provincial nodal
points
4.3 Clear
accountability
and liability
regime
Implementation protocol to clearly set out the accountability
and liability of local authority EMIs whilst under MEC
designation
Local and
Provincial
“Responsible
Persons”
EMI Local Authority: WGIV Project Plan
Deliverable Activity undertaken/to be undertaken Timefram
e
Status Responsibility
STAGE 5:PERFORMANCE ASSESSMENT AND DELEGATION
5.1 EMI Local
Authority
Performance
Assessment
System
Responsible persons to develop a system to monitor
the performance of local authority EMIs in the
execution of their duties; in order to assess their
readiness to be delegated the designating authority
Local and
Provincial
“Responsible
Persons”
The Stars of Episode 3: Provincial EMI Local
Authority Nodal Points
The Stars of Episode 3: Provincial EMI Local Authority
Nodal Points Name and Surname Institution E-mail Tel No Fax
Mark Jardine National Department of
Environmental Affairs
[email protected] (012)3103375 (012)3101974
Carene Wessels North West: Department of
Agriculture, Conservation,
Environment and Rural Development
[email protected] 018-389 5986 086-5817858
018-389 5006
Khumbulani Mbatha Kwa-Zulu Natal: Department of
Agriculture, Environmental Affairs and
Rural Development
[email protected] 0358743301
0827772412
0357772412
Div de Villiers Eastern Cape Department of
Economic Development and
Environment Affairs
za
0824170155 0406352353
Werner Boing
Free State Department of Economic
Development, Tourism and
Environmental Affairs
[email protected] 051 4009535
0827894468
0514009538
086 622 1903
Obopeng Gaoraelwe Northern Cape Department of
Environment Affairs and Nature
Conservation
053 807 7347
083 414 0310
053 831 3530
Sanjay Dubru Gauteng Department of Agriculture
and Rural Development
[email protected] 0113551000
0827290695
Phillip Monyepao Limpopo: Department of Economic
Development, Environment and
Tourism
[email protected] 0823306325 0152954869
Pamela Ntuli Mpumalanga Department of
Economic Development, Environment
and Tourism
[email protected] 013 759 4104
082 520 3680
0865126953
Eshaam Palmer Western Cape Department of
Environmental Affairs and
Development Planning
[email protected] 0214833506
0782669570
Episode 3: EMI-EHP Task Team
set about their business…
Meeting 1:
08 February 2011: EMI EHP Task Team (comprising DEA, HPCSA, SAIEH, DOH) meet with HODs: Environmental Health at Universities of Technology: agree in principle on EMI-EHP Bridging Training
DG approval:
Meeting 2:
31 May 2012: EMI-EHP Task Team and Universities of Technology meet with Provincial Local Authority Nodal Points: Regional Action Plans for EHP-EMI Bridging
December 2011: Universities submit letters of intent and DG approves the training to proceed.
Episode 3: Universities of
Technology meet their provincial
EMI nodal point counterparts…
October 2013: another EMI basic training course
dedicated to local authorities: 18 different local
authorities within the provinces of Gauteng,
Eastern - Cape, Mpumalanga, KwaZulu Natal,
Western – Cape and North - West
November 2013: Two yearly Environmental
Compliance and Enforcement Lekgotla: Workshop
on EMI Local Authority: National, Provincial and
Local Perspective:
Episode 3 had lots of action but
does it have a Happy Ending?
Yes, Roll Out of the EHP-EMI
Bridging Training…
EMI-EHP Bridging Training - 2012
Training Date Venue No. of
officials
trained
Region 1: Western,
Eastern Cape and
parts of the
Northern Cape
Dec 2012 Cape Peninsula University
of Technology
30
Region 2: Free State,
North West and
parts of the
Northern Cape (not
included above)
Nov 12 Central University of
Technology
46
Region 3: KwaZulu
Natal
Sep 12 Mangosuthu University of
Technology Round 1)
12
Nov 2013 Mangosuthu University of
Technology Round 2)
36
Region 4: Limpopo,
Gauteng and
Mpumalanga
Still to be undertaken Tshwane University of
Technology
0, awaiting
the
signature of
an MOU
Total 124
Yes, commencement of EMI
designation: Limpopo, Gauteng,
Western Cape (and elsewhere)
Yes, public awareness raising of
local authority EMIs… Dear Residents and Business Owners, The Department of Environment and Infrastructure Services has trained and commissioned 11 Environmental Management Inspectors (EMI). They have been empowered to investigate issues and problems related to the natural environment such as waste management, water and air pollution, biodiversity issues and impact management that contravene the National Environmental Management Act and EIA listed activitues. They will work with the Environmental Health Inspectors, who deal with issues arising out of the Health Act (ie noise, restaurants, unsanitary backyards).
E-Mail: City of Jhb: Ward Councilor
No, inconsistent progress…
Province Implement
ation
Protocols
signed
Implementa
tion
Protocols
currently
with
MEC/Mayor
Number
of local
authority
officials
trained
(not yet
designate
d)
Number of
local
authority
EMIs
designated
Local Authorities
(with designated
EMIs)
Gauteng 8 0 - 27 City of Joburg: 13
Ekurhuleni: 1
Emfuleni: 4
Westrand: 8
City of Tshwane:1
Western Cape 15 0 - 15 City of Cape Town: 14
Drakenstein: 1
Limpopo 5 0 - 14 Capricorn: 10
Mopani: 2
Waterberg: 2
North West 2
2 4 6 Bojanala: 6
Province Implementa
tion
Protocols
signed
Implement
ation
Protocols
currently
with
MEC/Mayo
r
Number of
local authority
officials trained
(not yet
designated)
Number of
local authority
EMIs
designated
Local Authorities
(with designated
EMIs)
Eastern
Cape
2 1 - 1 Nelson Mandela Bay
Municipality: 1
Mpumalan
ga
12 0 6 2 Goven Mbeki local
Municipality:1
Gert Sibande 1
KwaZulu-
Natal
7 11 50 0 0
Northern
Cape
3
0 21
0 0
Free State 0 5 48 0 0
TOTAL 54 19 129 65 65
[1]
No, challenges in the finalisation
of the Implementation Protocol “The stumbling block is the signing of the IP. While [ ] Municipality has signed the IP on two occasions, the first being over a year ago, there has been no progress on the side of the Province with regards to the signing of the IP by the MEC…As a result, the Municipality has to date issued 65 AELs but is unable to fulfil its legal mandate in terms of enforcing compliance with license conditions…”
Extract from letter from [ ] Municipality to National DEA dated 22 September 2014
No, financial and human resources
constraints prevent acceptance of the
EMI function…
“Environmental health in the [ ] region is not up
to standard due to a serious lack of finances,
personal, equipment, accommodation…it is
recommended that the current situation and
challenges faced by the environmental health unit
must first be resolved before the EMI function
can be rolled out…” Extract of letter from district local authority to
province dated 11 August 2014
No, not addressing priority areas
re: table 24 of NAQF Province Metro or
District
Municipali
ty
Local
Municipalit
y
Rating: Air
Quality
Comment EMIs
designated
Eastern
Cape
Nelson
Mandela
Metro
Poor Urban 1
Free State Fezile Dabi
DM
Metsimaholo Poor Priority
Area
0
KZN eThekwini
Metro
Poor Urban 0
Uthungulu
DM
uMhlathuze
Poor
Rural/Urban
– Richards
Bay
0
Mpumalang
a
Gert
Sibande DM
Nkangala
DM
Various Poor Priority
Area
1
THANK YOU