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Environmental governance through informal mechanisms in South Africa

Environmental governance through informal mechanisms in South Africa . A case study of the ENGEN refinery complex: environmental improvement programme. Lecture overview. Introduction Statutes enabling informal mechanisms Constitution NEMA Air Quality Act

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Environmental governance through informal mechanisms in South Africa

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  1. Environmental governance through informal mechanisms in South Africa A case study of the ENGEN refinery complex: environmental improvement programme

  2. Lecture overview • Introduction • Statutes enabling informal mechanisms • Constitution • NEMA • Air Quality Act 3. Engen Refinery Complex: ENVIRONMENTAL IMPROVEMENT PROGRAMME (1998) 4. Conclusion

  3. Introduction • Environmental problems • Industry • revenue • jobs • goods & services • Source of waste and pollution Challenges faced by developing nations

  4. Enabling legislation 1. 1996 Constitution of RSA through reasonable legislative and “other measures” 2. National Environmental Management Act 107/1998 Minister ……may enter into environmental management co-operation agreements with any person or community 3. National Environmental Management: Air Quality Act 39/2005 mechanisms, systems and procedures to: *attain compliance with ambient air quality standards *give effect to international agreements

  5. South Durban basin area

  6. ENGEN REFINERY COMPLEX: ENVIRONMENTAL IMPROVEMENT PROGRAMME (1998) ENGEN Petroleum & the South Durban Community Environmental Alliance (SDCEA)

  7. Objectives • Address the public’s concerns regarding refinery activities • Fill the vacuum cased by weak legislation • Reconcile the economic and the environmental objectives • Access to information by the public • Going beyond legislative requirements

  8. Consequences • Initiated improvements in the refinery • Framework for internal voluntary initiates • Projects results • Particulates, vocs, fugitive emissions • Nitrogen dioxide (low burners) • Noise reduction

  9. Challenges & prospects • Foundation • Involvement of government department • Sanctions • Monitoring mechanisms

  10. Prospects • Strong legislation • transparency • and civil society participation • Inclusion of other government bodies • Rigorous enforcement • Business and industry sensitivity to the impact of environmental issues • Environmental issues enjoy political prominence • High degree of awareness

  11. Conclusion • Meaningfully defend the environment • Section 35 to be strengthened • Literature shows a sweeping range of experiences, however, reality of weak enforcement capacity provides the critical institutional background within which to consider VA • Tailor make the agreement, learn from other developing nations

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