presentation title presented by: name surname directorate date institutional oversight regulation...
TRANSCRIPT
PRESENTATION TITLE
Presented by:Name SurnameDirectorate
Date
Institutional OversightRegulation ImbizoPresented by: Thoko SigwazaDate: 13/05/15
CONTENT
Context, mandate and establishment progress
CMA functions DWS functions Interim arrangements Key regulatory activities Key challenges Recommendations and way forward
CONTEXT, MANDATE AND ESTABLISHMENT PROGRESS
POLICY AND CONTEXT
The Department is the custodian of National water resources, is responsible for policy and regulation of the sector.
In the absence of established CMA’s, DWS undertakes these functions.
Water Management Institutions manage and regulate water at a localised level.
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LEGISLATIVE MANDATE
CMAs are established in terms of section 78(1) of the National Water Act, 1998 (Act No 36 of 1998).
Statutory bodies established in terms of Chapter 7 of the National Water Act and listed as schedule 3a entity under the PFMA-service delivery Public entity
MANDATE The purpose of the CMA is to delegate water resource
management to the catchment level and to involve local communities in the decision-making processes
The intention is for water resource management to: meet the basic human needs of present and future
generations; promote equitable access to water; redress the results of past racial and gender discrimination
and; facilitate social and economic development
Water resource management is the foundation for both growth and Development. If not managed we will not be able to ensure socio-economic development into the future
THE ROLE OF CMAs• Manage water resources in a defined Water
Management Area (WMA).
• Co-ordinate the functions of other institutions involved in water related matters
• Involve local communities in water resource management
• Protect use, develop, conserve, manage and control in a sustainable and equitable manner
CORE BUSINESS TEN RISKS
PROGRESS ON THE CMAS ESTABLISHMENT AND KEY TIMELINES
19 March 2012
Minister approved the establishment of nine CMAs in nine WMAs
21 May 2012 Gazetting of WMAs for public consultation approved.
20 July 2012 Gazette Notice published for comment 9 WMAs in SA.
October 2013 Gazette notices for the establishment of Inkomati Usuthu and Breede Gouritz CMAs published.
May 2014 2 CMAs gazetted for establishment (Limpopo/NW and Pongola Umzimkhulu
August 2014Feb 2015
Olifants CMA gazetted for establishmentVaal CMA gazetted for establishment
1 April 2015 Acting CEOs for Proto-CMAs appointed
1 April 2015 Ring fencing of water resource management functions–all Proto-CMAs to operate within 9 Water Management Areas
April 2016 CMAs established
CMA PROGRESSPHASES NAME OF THE CMA STATUS OF CMAPhase 1: 2012-2013 Inkomati-Usuthu Gazetted the CMA for establishment,
appointment of board completed
Breede-Gouritz Gazetted the CMA for establishment, selection panel appointed to recommend board
Pongola-Umzimkulu Gazetted the CMA for establishment, selection panel appointed to recommend board
Phase 2: 2014-2015 Limpopo-North West Gazetted the CMA for establishments, selection panel appointed to recommend board
Olifants Gazetted the CMA for establishment
Vaal Gazetted the CMA for public consultation
Berg-Olifants Business case finalised
Phase 3: 2015-2016 Mzimvubu-Tsitsikamma Business case finalised
Orange Development of business case and public participation process initiated
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CMA FUNCTIONS
CMA FUNCTIONSDeveloping relationships and legitimacy
Within the first two years perform initial functions and delegated additional functions;
• Development and maintenance of stakeholder structures and engagement with stakeholders
• Developing the institutional mechanisms to support the coordination of water related activities by water users and institutions
• Development of the Catchment Management Strategy• Involvement in water use registration, verification of water use
and validation of information• Advising and supporting licence applicants on the licensing
process and requirements • Checking water use against licence conditions and informing
DWS of the results where compliance enforcement is required.
CMA FUNCTIONSBuild capacity and consolidate
• Water Resources Monitoring CMA delegated the power to monitor water resources as necessary for the implementation of the CMS and the management of water at the WMA level...CMA must comply with monitoring standards and protocols
• Disaster Management CMA delegated the authority to assess and manage droughts, floods and water quality disasters in the WMA.
• Water Conservation and Demand Management The implementation of WC/WDM is the encouragement of water users to conserve water, thus lowering the overall demand for water. CMA should be involved in assisting to implement WC/WDM strategies.
• Operating of Waterworks Under specific circumstances CMAs may be required to either develop or operate waterworks. Schedule 3
• Institutional Oversight Responsible for institutional oversight within the WMA, which includes co-ordinating with institutions, establishing stakeholder forums and providing support to other water management and water services institutions.
CMA FUNCTIONS Fully functional and responsible authority
• Water Use Authorisation and Licensing (Authorise water use and issue licenses.
• Issuing of DirectivesCMA delegated the power to issue directives (over and above the inherent powers in this regard conferred by the NWA). The directives could include, but will not be limited to:
• Requesting alterations to waterworks• Determining operating rules for systems• Controlling, limiting, and prohibiting water use.
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FUNCTIONS OF PROTO-CMA AS PER PRICING STRATEGY
1.Catchment management strategy and Water resources planning
Resource studies, investigations and integrated strategy development at a catchment level
•Integrated water resources planning (e.g. national reconciliation strategies) Institutional establishment
•Institutional establishment
Water allocation administration Water quality management plan
•National policies, strategies and guidelines as well as monitoring
2. Resource directed measures
Implement programmes to monitor Resource Quality Objectives (RQOs);Implement source-directed controls to achieve resource quality objectivesReport against the achievement of the Class and RQOs;Report on the water balance per catchment (i.e. water available for allocation after consideration of ecological requirements)
National policies, strategies and guidelines as well as monitoringEstablish a system for classifying water resources Determine the Class of water resourcesDetermine the Resource Quality Objectives of water resources Reserve determination of water resourcesDevelop & implement programmes to audit achievement of resource directed measuresDevelop guidelines to operationalise resource directed measures
3. Water use authorization
•Water use authorization [Registration of water use (Include Validation and verification of registered water use)]•As per current NWA delegations: delegation 21A and 21B
Maintenance of a national register of water use
Revenue management with the following chargesAbstraction & stream flow reduction activities Authorization
Waste discharge activities Authorization
4. Control and enforcement of water use
Compliance Monitoring and Enforcement of Water Use (e.g. enforcing meter installations, suspending entitlements, enforcing licence conditions)
Control Monitoring and enforcement of Water Management Institutions
Abstraction & stream flow reduction activities control
Waste discharge control
Dam safety control (private dams)
Function / Activities Trading Account Main Account
Abstraction activities Waste discharge activities Abstraction activities Waste discharge activities
15 15
Function / Activities Trading Account Main Account
Abstraction activities Waste discharge activities Abstraction activities Waste discharge activities
5. Disaster management
Planning and management of disaster (Administration)
Pollution incident planning and response (management)
National policies, strategies and guidelines as well as monitoring Fund disaster process and claim from NT
6. Water resources management programmes
Integrated Water resources programmes Development of Water management strategies and guidelines as well as guidelines
Implementing of Water management strategies (e.g. Water conservation and demand management)
Implementing of Water management strategies (e.g. cleaner technology, dense settlements, waste discharge strategies)
•National policies, strategies and guidelines as well as monitoring
7. Water related institutionalDevelopment (Stakeholder Management empowerment)
Stakeholder participation, empowerment, institutional development & coordination of activities
o Establishment and regulation of water management institutions (e.g. WUA's)oStakeholder consultationsoCapacity and Empowerment of stakeholders
•National policies, strategies and guidelines as well as monitoring •National stakeholder participation
8. Water weed control (Adopt-A River)
Aquatic Weeds Control(e.g Adopt-A-River) •National policies, strategies and guidelines as well as monitoring
FUNCTIONS OF PROTO-CMA AS PER PRICING STRATEGY
Function / Activities Trading Account Main Account
Abstraction activities Waste discharge activities Abstraction activities Waste discharge activities
9. Geo-hydrology and hydrology (water quality)
Groundwater and surface water (quality) monitoring in respective catchment areas
Maintaining the geo-hydrological database & compilation of information in respective catchment areas
River health monitoring in catchment areas
Monitoring Programmes (e.g. Hydrology, National Geo-hydrology sites) on National Scale (including strategic points)
Ground water and surface water explorations and feasibility studies
Compiling of maps and yield information10. International relations
Operational issue Treaties and Agreements
11.Administration & Overheads
Administration & overheads for regional office or CMA
FUNCTIONS OF PROTO-CMA AS PER PRICING STRATEGY
THE GENERIC FUNCTIONAL STRUCTURE OF THE CMA
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DWS FUNCTIONS
The functions that will be retained by DWS in the long term are:
• Development, revision and amendment of policy and legislation
• National water resources planning and reconciliation of supply and demand,
• Development, operation and maintenance of national monitoring and information systems
• Authorisation of strategic water use, national infrastructure development and operation, and determination of inter-basin transfers
• Regulation and oversight of CMAs, and WUAs managing government waterworks or with government guaranteed loans
• Determination of classification, reserves and resource quality objectives for water resources of national significance or with significant inter-water management area implications
DWS FUNCTIONS
• Developing and ensuring the implementation of the National Water Resource Strategy, including the raw water pricing strategy
• Determination of monitoring and information protocols and standards
• Flood monitoring and management in national systems• Development, operation and maintenance of national water
resources infrastructure• Determination of guidelines and regulations for
establishment of institutions• Ensuring water use authorisations are in line with national
policy, procedures and guidelines, including policies on redress and equity
• Providing technical support to CMAs• Negotiating and overseeing agreements in transboundary
basins.
DWS FUNCTIONS
INTERIM ARRANGEMENTS
INTERIM MANAGEMENT ARRANGEMENT
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Where the CMAs do not exist, the Minister is accountable for water resource management.
If the interim management arrangements are not in place the establishment process could be delayed due to lack of clarity of responsibility and accountability especially in areas where one CMA crosses three Regions.
Not consolidating the functions and budget from nineteen to nine Proto-CMAS would have operational, legal and financial implications in performing functions, determining the yields and setting the tariffs in accordance to the pricing strategy.
Proto-CMA to report and account to Acting Chief Executive Officer which is Director: Institutional Establishment (D: IE) until the CMA is established and the CEO is appointed.
Acting CEO to report and account to DDG: Water Sector Regulation as the custodian of oversight issues.
Director Institutional Establishment will be transferred to the CMA in terms of the transfer agreement
Internal Operational Procedures The seven proto CMAs, Berg-Olifants; Mzimvubu-Tsitsikamma;
Orange; Vaal; Pongola; Olifants and, Limpopo are ring-fenced from the Provincial Office operations on the 1 April 2015.
Between 1 April 2015 and the formal establishment of the CMAs together with its own internal governance and support structures, a number of interim operating procedures need to be defined to ensure that:
Suitable governance structures are in place and that there is a line of communication between the proto CMA executive and the Provincial Office executive;
The proto CMAs have access to resources from the Provincial Offices; and,
There is effective compliance with the PFMA, internal DWS procedures and other delegated mandates.
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KEY REGULATORY FUNCTIONS
Compliance monitoring
Key Performance Indicator Retained by DWS
Assigned to Proto-CMAs
Annual inspections xMonitoring programmes (DWS to oversee CMAS) (performance audits)
X x
Integrated Environmental Management IDPs and EMPs
• CMA (or proto CMA) is an entity to be consulted and will provide feedback on these applications and plans
• DWS will remain involved in a participatory capacity
Ministerial and Ad Hoc Requests
• Regional and National DWS to work closely with the CMA on water resources and related issues
• DWS to drive process of ensuring the complaint is addressed, however where the are issues relating to water resources, the CMA and CEO’s must be involved
Implementation of Regulatory Monitoring Performance
Management System
• Auditing reporting and capturing of data to remain responsibility of DWS
Economic regulation and Social regulation
• Tariff approvals/regulation, or social regulation to remain with DWS
Enforcement monitoring
GEO HYDROLOGY FUNCTIONS
x
x
KeyPerformance Indicator (Activities)
Retained by DWS
Assigned to Proto-CMAs
1. X
2.
3.
4.
5. -
6.
7.
8.
9.
10.
11.
12.
National(ambient)-monitoring-assessment-information
Regional(impact)-monitoring-assessment-information
Local(compliance)-monitoring-assessment-information
KEY CHALLENGESKey challenges
CHALLENGES DURING THE TRANSITIONAL ARRANGEMENTS FOR WRM FUNCTIONS TO PROTO-CMAs
• The business processes have not been clarified in terms of roles and responsibilities within the Department
• The issue of ring fencing WTE technical staff performing both WTE and Main account has not been finalised
• Delegations of many WRM functions are with the Department, as a result there should be a good working relations between the Acting CEO and the Department/Provincial Head, either by SLAs or MoUs
• The business plan for Proto-CMAs should feed in the Departmental business plan. To prevent gaps.
• Within provincial operations currently two directorates are performing compliance monitoring they are the Directorate: Institutional Establishment (proto-CMA) and the Directorate: Regulation.
RECOMMENDATIONS
Recommendations
• Roles, functions and interfaces need to be clarified as there are a number of “grey areas” and seemingly duplicated functions
• Can only be done in consultation with line functions and key regional stakeholders
• A consultative workshops is proposed for this purpose
THANK YOU