GUIDELINES FOR ENVIRONMENTAL IMPLEMENTATION …

1 1 GUIDELINES FOR ENVIRONMENTAL IMPLEMENTATION AND management PLANS (Draft 3rd edition) Contents Abbreviations 1. Introduction 2. Purpose of the GUIDELINES 3. Purpose and scope of EIPs and EMPs 4. Legislative requirements Enabling legislative provision for the GUIDELINES Legislative requirements for EIPs and EMPs Compliance with and deviation from adopted EIPs and EMPs Annual reporting on adopted EIPs and EMPs Monitoring of compliance with EIPs and EMPs 5. Preparation of EIPs and EMPs Relevant considerations when preparing EIPs and EMPs Environment sector priorities Other sector departments priorities NEMA principles Linkages with other EIPs and EMPs Assembly of information or plans as content of EIPs and EMPs Content of the EIP Content of the EMP Content of consolidated EIP and EMP ( EIMP) 6.

2 Differences between EIP, EMP and EIMP 7. IMPLEMENTATION of EIPs and EMPs Cooperative governance institutional arrangements Identification of issues requiring alignment Roles and responsibilities 2 Responsibilities of organs of state Responsibilities of provincial government Responsibilities of the Director-General of the Department of ENVIRONMENTAL Affairs Responsibilities of the CEC Subcommittee on EIPs and EMPs 8. Monitoring and reporting Monitoring Annual reports Indicators Glossary Annexures 3 Abbreviations CEC: Committee on ENVIRONMENTAL Coordination DEA: Department of ENVIRONMENTAL Affairs EIPs: ENVIRONMENTAL IMPLEMENTATION Plans EMPs: ENVIRONMENTAL management Plans NEMA: National ENVIRONMENTAL management Act No 107 of 1998 NSSD: 4 1.

3 INTRODUCTION These GUIDELINES represents a 3rd generation of development since the promulgation of National ENVIRONMENTAL management Act No 107 of 1998 (NEMA) and are intended to provide guidance to national and provincial departments on the preparation and IMPLEMENTATION of ENVIRONMENTAL IMPLEMENTATION and management plans required in terms of the procedures for co-operative governance stipulated in chapter 3 of NEMA as amended. They provide minimum requirements as required by the NEMA, including other matters that should be considered in preparation of the ENVIRONMENTAL IMPLEMENTATION and management plans. Therefore, it is envisaged that all relevant provincial and national departments will comply with these GUIDELINES when implementing chapter 3 of NEMA.

4 It should also be noted that these GUIDELINES are not exhaustive, but are intended to be definitive and mandatory with regard to the minimum content required for the ENVIRONMENTAL IMPLEMENTATION and management plans as well as on the content of the related annual reports. 2. THE PURPOSE OF THE GUIDELINES The primary purpose of these GUIDELINES is to provide technical guidance to provincial and national departments on how to develop and/or report on the IMPLEMENTATION of ENVIRONMENTAL IMPLEMENTATION and management plans as well as on the combined ENVIRONMENTAL IMPLEMENTATION and management plans required in terms of chapter 3 of NEMA. Furthermore, these GUIDELINES are developed to encourage and promote consistency in preparation of and reporting on the ENVIRONMENTAL IMPLEMENTATION and management plans by the provincial and national departments listed in schedules 1 or 2 or both schedules of NEMA.

5 3. PURPOSE AND SCOPE OF EIPs AND EMPs The ENVIRONMENTAL IMPLEMENTATION Plan (EIP) describes policies, plans and programmes of a department that performs functions that may impact on the environment and how this department s plans will comply with the NEMA principles and national ENVIRONMENTAL norms and standards. The ENVIRONMENTAL management Plan (EMP) on the other hand, describes functions of a department involving the management of the environment and policies/laws, as well as efforts taken by the department to ensure compliance by other departments, with such ENVIRONMENTAL policies and laws. The purpose of ENVIRONMENTAL IMPLEMENTATION and management plans as provided in section 12 of NEMA, is to (a) co-ordinate and harmonise the ENVIRONMENTAL policies, plans, programmes and decisions of the various national departments that exercise functions that may affect the environment or are entrusted with powers and duties aimed at the achievement, promotion, and protection of a sustainable environment, and of provincial and local spheres of government, in order to: (i) minimise the duplication of procedures and functions; and (ii) promote consistency in the exercise of functions that may affect the environment; (b) give effect to the principle of co-operative government in chapter 3 of the Constitution.

6 (c) secure the protection of the environment across the country as a whole; (d) prevent unreasonable actions by provinces in respect of the environment that are prejudicial to the economic or health interests of other provinces or the country as a whole; and (e) enable the Minister to monitor the achievement, promotion, and protection of a sustainable environment. 5 4. LEGISLATIVE REQUIREMENTS Enabling legislative provision for the GUIDELINES These GUIDELINES are developed in terms of and to serve the purpose of section 11(8) of NEMA that provides that the Minister responsible for ENVIRONMENTAL affairs may issue GUIDELINES to assist provinces and national departments in the preparation of ENVIRONMENTAL IMPLEMENTATION and management plans . Legislative requirements for EIPs and EMPs ENVIRONMENTAL IMPLEMENTATION and management plans are required by chapter 3 of NEMA.

7 Section 11(1) of chapter 3 of NEMA provides that every national department listed in Schedule 1 of NEMA as exercising functions which may affect the environment and every province must prepare an ENVIRONMENTAL IMPLEMENTATION plan within one year of the promulgation of this Act and at least every five years thereafter. It is important to note that there is a process underway to amend the afore-mentioned four year cycle to five years and thus hereafter in this document the cycle will be referred to as a five year period. Section 11(2) of NEMA provides that every national department listed in Schedule 2 as exercising functions involving the management of the environment must prepare an ENVIRONMENTAL management plan within one year of the promulgation of this Act and at least every five years thereafter.

8 Section 11(3) of NEMA provides that every national department that is listed in both Schedule 1 and Schedule 2 is required to prepare a consolidated ENVIRONMENTAL IMPLEMENTATION and management plan within one year of the promulgation of this Act and at least every five years thereafter. Compliance with and deviation from adopted EIPs and EMPs In terms of section 16 (1)(a) of NEMA, every organ of state must exercise every function it may have, or that has been assigned or delegated to it, by or under any law, and that may significantly affect the protection of the environment, substantially in accordance with the ENVIRONMENTAL IMPLEMENTATION plan or the ENVIRONMENTAL management plan prepared, submitted and adopted by that organ of state in accordance with chapter 3 of the Act, provided that any substantial deviation from an ENVIRONMENTAL management plan or ENVIRONMENTAL IMPLEMENTATION plan must be reported forthwith to the Director-General and the Committee.

9 Annual reporting on IMPLEMENTATION of adopted EIPs and EMPs In terms of section 16(1)(b) of NEMA, every organ of state must report annually within four months of the end of the financial year on the IMPLEMENTATION of its adopted EIP or EMP to the Director-General and the Committee. The Committee referred to, is understood to be the CEC Sub-committee on ENVIRONMENTAL IMPLEMENTATION and management plans. Monitoring of compliance with EIPs and EMPs In terms of section 16(2) of NEMA, the Director-General of the Department of ENVIRONMENTAL Affairs is empowered to monitor compliance with ENVIRONMENTAL IMPLEMENTATION plans and ENVIRONMENTAL management plans and may 6 (a) take any steps or make any inquiries he or she deems fit in order to determine if ENVIRONMENTAL IMPLEMENTATION plans and ENVIRONMENTAL management plans are being complied with by organs of state.

10 And (b) if, as a result of any steps taken or inquiry made under paragraph (a), he or she is of the opinion that an ENVIRONMENTAL IMPLEMENTATION plan and an ENVIRONMENTAL management plan is not substantially being complied with, serve a written notice on the organ of state concerned, calling on it to take such specified steps as the Director-General considers necessary to remedy the failure of compliance. In the event the afore-mentioned intervention by the Director-General did not solve the failure to comply with ENVIRONMENTAL IMPLEMENTATION and management plans, the Act also allows for referral of the matter to conciliation in accordance with Chapter 4 of NEMA. 5. PREPARATION OF ENVIRONMENTAL IMPLEMENTATION AND management PLANS The minimum content of ENVIRONMENTAL IMPLEMENTATION and management plans is outlined in section 13(1) and section 11(7) as well as section 14 of NEMA.