LOCAL GOVERNMENT & ENVIRONMENTAL SUSTAINABILITY Department of Environmental Affairs and Tourism

Presentation to Mayor’s Conference Cape Town 25

th

May 2006

OVERVIEW OF PRESENTATION

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Introduction

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Overview of environmental mandate for local government

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Waste Management

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Environmental Impact Assessment (EIA)

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Air Quality Management

INTRODUCTION

 The challenge for local planning is comprehensive environmental planning to achieve sustainable development  Currently, environmental planning for local government is embedded in the IDPs through various sector plans  The IDP Hearings have shown that environmental sustainability is weakly captured in the IDPs  DEAT legislation and support to local government initiatives in place provide a mechanism to ensure that environmental issues are addressed in planning for sustainable development

OVERVIEW OF ENVIRONMENTAL MANDATE FOR LOCAL GOVERNMENT

THE CONSTITUTION

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Section 24 of the Constitution states that everyone has a right to an environment that is not harmful to their health or well-being

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National, provincial and local environmental departments thus have a constitutional obligation to ensure that this right is protected through legislative and other measures

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Section 152: Provides a clear mandate for local government to take on environmental management responsibilities including sustainable provision of services to communities and promoting a safe and healthy environment

LEGISLATIVE REQUIREMENTS AND GOVERNANCE FRAMEWORK

The Constitution (1996) The National Environmental Management Policy (1997 ) The National Environmental Management Act (1998) NEMA 1 (2003) st Amendment NEMA 2 (2004) nd Amendment ECA Amendment (2004) AIR QUALITY ACT (2004) PROTECTED AREAS ACT (2003) BIODIVERSITY ACT (2004) Waste Manage ment Bill

NATIONAL ENVIRONMENTAL MANAGEMENT ACT

 The section 2 NEMA principles apply generally to all organs of state in carrying out their functions  Provides principles for management of the environment; and further elaborates on pollution, waste generation, non-renewable resources, and that development should be socially, economically and environmentally sustainable  The objective of EIP’s and EMP’s are to align the environmental plans, policies and programmes at national, provincial and local level

NEMA – 1 st amendment:

• deals with compliance and enforcement and specifically deals with the provision of powers to environmental management inspectors to enforce environmental legislation, municipal staff may be designated as EMI’s

: NEMA – 2nd amendment

• deals with the streamlining and fine-tuning of environmental impact management, specifically environmental impact assessments.

•

EIA REGULATIONS

• • EIAs are required for activities listed in schedule to Regulations. the current EIA Regulations will be replaced on 1 st July by new Regs promulgated under NEMA. These regulations address problems with existing Regs and have measures to streamline and fast-track the process

EIA REGULATIONS

The NEMA EIA Regulations

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Set timeframes within which authorities must respond on EIAs Distinguish between large and small developments and have a shorter process for developments with lesser environmental impacts Set thresholds below which EIAs are not required Links EIAs to broader planning processes through provisions to allow for the development of Environmental Management Frameworks that can be incorporated into IDPs Provides MECs with the powers to identify sensitive areas that may require through assessment and through EMFs to also identify areas that may be excluded from thorough assessment Sets guidelines for public participation Identifies roles and responsibilities of all participants in the process Provide for site applications and one application for many similar activities (cell masts)

EIA CAPACITY

• • • • • • • • • • Assessment of capacity and backlogs for each province concluded.

National plan to address this put in place DEAT funding capacity to address EIA backlog in specific provinces DEAT funding EMFs in areas with development pressures in selected provinces DEAT has developed templates and formats for new Regs to be used country wide DEAT preparing EIA guidelines to be used nationally Training of provincial officials in new regs Guide to new Regs will be distributed before July Public information sessions being held in all provinces May and June DEAT will work with Provinces to ensure that requests for meetings with Government authorities on new regs take place.

WASTE MANAGEMENT

• • • • • • •

Waste Management Bill being drafted – framework legislation setting out principles, roles and responsibilities institutional arrangements and promoting a policy framework based on “Reduce, Reuse, Recycle”.

NEMA requires municipalities to prepare Integrated Waste Management Plan (IWMP) to guide implementation of function. IWMP should form basis of waste section of IDP. National Guideline doc will be available in September 2006 Municipalities have responsibility for solid waste management – provision of services to all residents and management of permitted disposal sites Responsibility for permitting of landfill sites moved from DWAF to DEAT in January 2006. Across country uneven provision of waste management services and many unpermitted landfill sites DEAT doing work on how to ensure that waste services backlog is addressed, and that waste is addressed in relation to free basic service provisions.

DEAT managing landfill permitting backlog and also addressing issue of MIG formula and funding for waste capital infrastructure

AIR QUALITY ACT

• Management in accordance with national norms and standards • Implementation and administration of atmospheric emission licensing system including monitoring function. Licencing function for Metros and Districts not effective yet.

• IDP to include air quality plan • Set standards and pass bylaws for the management of harmful substances