RAND WATER PRESENTATION NATIONAL ENVIRONMENT LAWS AMENDMENT BILL NO. 13 OF 2012 (The Bill)

1. Zama Nkabinde Rand Water Group Legal Services Group Governance Portfolio Gail Andrews Manager Environmental Authorization and Rehabilitation Environment Management Services Group Shared Services 22 August 2012 RAND WATER PRESENTATION NATIONAL ENVIRONMENT LAWS AMENDMENT BILL NO. 13 OF 2012 (The Bill)

2. FOREWORD 1. Rand Water is the largest water utility in Africa , providing bulk portable water to Gauteng , parts of Mpumalanga , the Free State and North West provinces. 2. Rand Water extract raw water from the Vaal Dam , and then purify and disinfect the water at our Vereeniging and Zuikerbosch Purification and Pumping Stations. Our resource is the Vaal River. 3. The water is then pumped to Zwartkopjes (our main booster pumping station) and to our three stations situated at Palmiet, Eikenhof and Mapleton. 4. From here , the water is pumped again to 58 reservoirs located at central points within our area of supply. It is from these reservoirs that the water is delivered to our customers.

3. FOREWORD CONTINUED • 5. Established in terms of the Water Services Act No. 108 of 1997 (“the Act”). The Government of the Republic of South Africa , through the Department of Water Affairs and duly represented by the Minister , is the sole shareholder of Rand Water. • 6. Established in 1903 , Rand Water have a proud 108 years history of supplying bulk portable water to Gauteng and its surrounding areas. Rand Water’s current record shows that it supplies approximately 12 million people with clean water. • 7. Pivotal to Rand Water’s Strategy is the pursuit of growth within the mandate given to it by the Water Services Act.

4. Background to the Bill • The National Environmental Management Act No. 107 of 1998 (the Act) is the legislative framework which provides for the environmental management. • The Bill proposes amendments to certain provisions under the Act to give effect to the principles of co-operative government. • To promote consistency in the execution of functions that may affect the environment. • To enable the Minister to monitor the achievement and promotion of sustainable environment.

5. Legislative Compliance • Rand Water: • Is cognisant of the laws , rules and regulations that apply to the organization and is fully committed to the highest standards of compliance.

6. Caring for the environment • In compliance with the environmental legislation Rand Water is obligated to conduct Environment Impact Assessments. • Rand Water implement Environmental Management Plans and environmental monitoring process is carried out after every environmental authorisation is received. • Rand Water’s Environment Management Services (EMS) department plays a vital role in ensuring that our capital projects are undertaken in an environmentally responsible manner which promote sustainable protection of the environment.

7. Comments on the Bill • 1. AMENDMENT OF SECTION 11 OF THE BILL • Section 11 (1) and (2) amendments increase the time frames for preparation of environmental implementation plans by national and provincial departments. The time frame is increased from 1 year to 5 years within the promulgation of the NEMA as amended and at intervals of not more than 5 years thereafter. • Rand Water agree with the reasoning in the Bill which is to align the preparation of environmental plans to the term of office of government, thereby enabling the new government to implement its priorities.

8. Section 11 (4) of NEMA requires every organ of state to submit its environmental implementation plan or environmental management plan and before submitting such plans take into consideration every other environmental implementation plan and environmental management plan already adopted with a view to achieving consistency among such plans. • Rand Water’s comments on the Bill is that it does not give the time frames for submission of such plans by organs of state. The provision now becomes confusing as to whether state organs must also submit within 5 years and at intervals of not more than 5 years thereafter or shortly before the new government takes over. • Rand Water suggest that the Bill must be amended by providing for the time period for submission of the plans by organs of state.

9. AMENDMENT OF SECTION 28 OF NEMA • Section 28 amendments included an administrative head of any relevant organ of state as one of the identified individuals that can enforce compliance and direct any person to desist from continuing or undertaking an activity that pollutes or degrade the environment. • The word “relevant organ of state” may present ambiguity in that it could mean organs of state whose primary duty is the management of natural resources, on the other hand it might impliedly include organs of state that indirectly manage the natural resources like Rand Water. We suggest that “relevant organ of state” must be defined so that it is clear that even organs of state that indirectly manage the natural resources like water, are considered as relevant organs of state.

10. AMENDMENT OF SECTION 28 OF NEMA • The suggested amendment will assist Rand Water in properly managing the Vaal River Catchment in relation to pollution.

11. CONCLUSION • We respectfully hope that our comments will be considered to bring certainty in legislation and for effective management of the water resources.

12. Thank You