progress on the the environmental designation of emis ... · stage 1: establishment of a national...

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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

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Page 1: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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

Page 2: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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).

Page 3: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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)

Page 4: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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

Page 5: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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

Page 6: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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.

Page 7: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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

Page 8: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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.

Page 9: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

And Now…

Presenting…

Episode III: Progress on the Designation of EMIs: 2010-

2014

Page 10: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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.

Page 11: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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.

Page 12: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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

Page 13: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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)

Page 14: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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

Page 15: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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”

Page 16: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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”

Page 17: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

The Stars of Episode 3: Provincial EMI Local

Authority Nodal Points

Page 18: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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

[email protected].

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

[email protected]

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

Page 19: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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.

Page 20: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

Episode 3: Universities of

Technology meet their provincial

EMI nodal point counterparts…

Page 21: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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

Page 22: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

November 2013: Two yearly Environmental

Compliance and Enforcement Lekgotla: Workshop

on EMI Local Authority: National, Provincial and

Local Perspective:

Page 23: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

Episode 3 had lots of action but

does it have a Happy Ending?

Page 24: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

Yes, Roll Out of the EHP-EMI

Bridging Training…

Page 25: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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

Page 26: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

Yes, commencement of EMI

designation: Limpopo, Gauteng,

Western Cape (and elsewhere)

Page 27: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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

Page 28: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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

Page 29: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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]

Page 30: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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

Page 31: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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

Page 32: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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

Page 33: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various
Page 34: PROGRESS ON THE The Environmental DESIGNATION OF EMIS ... · STAGE 1: ESTABLISHMENT OF A NATIONAL FRAMEWORK 1.1 Stakeholder Engagement Multi-stakeholder workshop held with various

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