Regulation of the Water & Environment Portfolio

1. Regulation of the Water & Environment Portfolio State of affairs, areas of convergence, differences, opportunities, etc.

2. Outline of Presentation • Technical work • Why do we regulate – the background • Scope and nature of regulatory functions • State of the regulatory functions – backlogs, capacity, systems, challenges • Areas of convergence and Opportunities

3. Purpose of Work • Technical work undertaken to: • Identify regulatory functions of both departments in relation to legislative and constitutional base • Look at areas of convergence • Look at areas of difference • Identify opportunities for closer work, rationalisation. coordination, integration, avoidance of duplication etc

4. Mandates • Challenges in State of the Environment / State of Water Constitution • Rights • Functions of different spheres • NEMA, NWSA and NWA Principles – including polluter pays • Transformation • Batho Pele – delivery of quality services • Ultimately – sustainability of natural resources, both in terms of quality and quantity

5. Resulting in Legislation - regulation • Acts: • Water – 2 • Environment – at least 9 • Regulations • Water - many • Environment – at least 16 • “authorisations” stemming from international treaties / conventions • E.g Cites, Prior consent, Basel, shared river management plans; etc.

6. What do we regulate – in summary • Water: • Water Use • Abstraction and storage • Dam safety • In-stream use • Non-consumptive uses • Water discharge & disposal related • Water services • Drink water quality • Waste water treatment • Waste and Pollution management • Waste Activities • Contaminated land • Waste services • Chemicals management

7. What do we regulate (2) • Conservation and sustainable exploitation of species and ecosystems • Terrestrial • Freshwater • Marine • Biotechnology • Natural Heritage • Emissions to air • Environmental impact

8. Scope & nature of regulatory functions • Both water and environment regulate on strategic level and on activity level • Strategic level • Requirement of “plans” and “strategies” in legislation. • Demanded from other government institutions • Demanded from sectors • Or obligation on Water or Environment departments to develop and implement • Develop, implement and report • Document details some of the plans, norms & standards required through regulation – see section 3.1.3 of the document (large numbers of plans required!)

9. Scope & nature of regulatory functions (2) • “activity” / sector level • Where the undertaking of an activity / sectors require an authorisation • On applications or through general authorisations • On application - generally involve: • Application • Information gathering and public participation • Authorisation decision and conditions • Appeals • Compliance monitoring & enforcement • Document – section 3.1.4 • Activities often require more than 1 authorisation from Water & Environment • Great opportunity for improved coordination / integration • Integration and coordination of authorisation processes • Single enforcement? • Example in table 3.1.4b – shortened version on next slide

11. State of the Regulatory functions • Efficiency • Backlogs, some substantial in some regulatory functions where others are without backlog (backlogs in Water Use licenses, EIA – provinces, APPA certificates, landfill permits) • Regulatory functions in both departments fragmented, impacting negatively on efficiency and effectiveness

12. State of the Regulatory functions (2) • Capacity • Generally insufficient – in all regulatory functions, more so where functions are shared with provincial and local government • High skills requirement • High sectoral experience requirement • Legislative review • Environment • Various Acts and Amendment to Acts recently completed • Many Regulations in place and more in development • Water • Act, Regulations, various “minimum requirements”, general authorisations, etc in place • Review of NWA and NWSA delayed • Minimum requirements and other norms & standards being reviewed • Availability of systems: • Varies substantially – some have sophisticated systems (such as MAST in MCM) to no systems at all

13. State of the Regulatory functions (3) • Other constraints: • Concurrency of functions • Coordination of roll out of legislation (different levels of legislation vs Autonomy of different spheres) • Splitting of resources where concurrency exists • Lack of consistency as result of autonomy • Coordination where a concurrent function is dependent on a national functions (e.g. Waste Permits and DWAF RODs, Mining rights & EIAs)

14. State of the Regulatory functions (4) • Other constraints: • The need of priority sectors for streamlined regulatory processes as well as demands on natural resources of these sectors • Inadequate financial resources • Interdependence of regulatory processes, • Time issues • Impacts of inadequate capacity in one of the functions (e.g. EIA time frames, waste permit and DWAF ROD)

15. Opportunities / convergence Both departments deal with natural resource management in both urban and rural contexts • At level of planning and strategy for sector overall large opportunities for closer work and for alignment and even integration of processes (biodiversity plans, Environmental Management Frameworks, waste plans etc) • The departments contribute to regulatory processes at activity / sector level – eg Water use licences, EIA authorisations, waste permits, marine discharges – offers opportunities to reduce fragmentation, duplication and to streamline regulatory processes with resultant benefits and costs savings to regulated community.

16. Opportunities / convergence (2) • Major opportunities to build integrated enforcement capacity – legislative base exists with NWA becoming a specific environmental management act. Need to roll out Environmental Management Inspector training and designation system to DWAF. • Opportunities to deal with inconsistencies in approach between the two departments and to achieve policy consistency at a range of levels.

17. Thank you for your kind attention