presentation title presented by: name surname directorate date strategy enforcement presented by:...
TRANSCRIPT
PRESENTATION TITLE
Presented by:Name SurnameDirectorate
Date
STRATEGY ENFORCEMENT
Presented by:
Mr. Nigel Adams Acting Chief Director Chief Directorate: Enforcement
Date: 08 May 2015
Contents
• Basis of the Enforcement Strategy – Background
• Strategic Enforcement Objectives – Vision, Key issues, Principles, Targets
• Enforcement Strategy – Institutional Framework (CMA establishment) , financial sustainability, public awareness
• Implementing the Enforcement Strategy – Key issues and programme for Action Planning
“We know that political freedom alone is still not enough if you lack clean water. Freedom alone is not enough without light to read at night, without time or access to water to irrigate your farm, without the ability to catch fish to feed your family. For this reason, the struggle for sustainable development nearly equals the struggle for political freedom. They can grow together or they can unravel each other. Threats to our governments in the century ahead will come from poverty, if anything.”
Nelson Mandela, 2000
Change Management in the Enforcement arena
We must recognise that governance regimes are in fact established when we understand that there are a variety of interdependencies and that our actions do influence others. Whilst it is clear that we need to establish the mechanisms that foster and support the interactions needed to understand our interdependencies, it is also clear that not all individuals or water users choose to understand or acknowledge these various interdependencies. This becomes a basis for conflict and non-compliance with law. As a key element of governance this requires urgent redress such that within the next five years compliance with the law and regulation becomes a norm.
Vision 2020
• Reduce unlawful water use by 50%• Improve pro-active enforcement by 100%• Increase the number of Enforcement staff in
CMAs/DWS by 75%• Enhance inter-governmental relations,• EWSETA accreditation course (Skills
Development)
Background
• According to the Chamber of Mines of SA, the mining sector contributed 8.8% directly and 10% indirectly to South Africa’s GDP in 2009 (GCIS, 2011).
• The Sector creates about one million direct and indirect jobs. • Mining and related activities require significant quantities of water and
impact on the environment through associated potential pollution. • The mining sector is also faced with legacy issues of past pollution, for
example, acid mine drainage. • Development of new mines in water-scarce areas requires planning to
make arrangements for the transfer of water and the development of new sources, with appropriate attention to waste processing and remediation
Enforcement Strategic Objectives • Programme 5: Water Sector Regulation • Sub Programme: Enforcement ensures that set of actions (pro-active
enforcement, administrative, criminal and civil) are taken against non-compliance.
• Objectives:(a) to enforce compliance with NWA and other relevant legislation (b) to ensure successful prosecution throughout the water value chain(c) To provide business processes to guide activities, information flow, roles and
responsibilities.(d) To guide regular, strategic, effective and efficient enforcement processes with
regard to water and other relevant legislation;(e) To inform, consult and make all stakeholders aware of the principles that will
guide enforcement action in the event of suspected contraventions and prevent contraventions ito water related legislation.
(f) To achieve progressive improvement of enforcement to legislation
The Rationale of Enforcement
• Water has a social component – provision is included in the Bill of Rights.
• Water has an economic component – efficient and reliable provision is essential for economic growth .
• Water has many elements of monopoly – mostly impossible for a consumer to switch to another provider
Key Strategic IssuesSufficient Legal Authority • Water legislation laws will be effective only if it provides sufficient legal authority to ensure compliance. Some
of the powers necessary to ensure program effectiveness are the abilities to:• Issue regulations, licenses and guidance to implement the law• Monitor regulated actors and gain access to their records and equipment to determine if they are in
compliance• Require the regulated community to monitor its own compliance, keep records of its compliance activities and
status, report this information periodically to the enforcement program, and make the information available to the public
• Take legal action against non-compliant actors, including (1) imposing a range of monetary penalties and other sanctions on actors that violate the law; or (2) imposing criminal sanctions on actors who violate the law
• Correct situations that pose an imminent and substantial threat to public health or the environment.Clear Standards• Clear enforceable standards are needed for requirements to be effective. An environmental standard is a law
or regulation or guideline that regulates the effect of human activity upon the environment. It may specify desired state, limit alterations or may require the use of certain technologies or practices.
Clear Roles and Responsibilities• Water legislation laws should also create an institutional framework that specifies the roles and
responsibilities of the various levels of government and agencies. Laws and regulations need to be clear about the process and procedures by which the government can take an enforcement action.
Fair and equitable rules• A government’s willingness and ability to impose sanctions related to bribery and the falsification of
environmental data and documentation are also very important.
CHAPTERS 4 – 9: ADDRESS STRATEGIC THEMES (1) as in NWA4. Water resources planning, development and
infrastructure
5. Water resources protection
6. Equitable water allocation
7. Water conservation and demand management
9. Regulation of the water sector
10. Managing water resources for climate change
11. International and trans-boundary water
resource management
DWA & sector commitments to action are clearly articulated in chapters addressing strategic themes
Enforcement ensures that set of actions (administrative, criminal) are taken against non-compliance
NATIONAL WATER RESOURCE STRATEGY 2
10
Vision of NWRS2Sustainable, equitable and secure water for a better life and environment for all
GoalWater is efficiently and effectively managed for equitable and sustainable growth and
development
Institutional arrangements
Stra
tegi
c th
emes
Execution Financing the water sector
Monitoring & information
management
Research and innovation
Water sector skills &
capacity
Water contributes to the economy and job creation
Water is protected, used, developed, conserved,
managed and controlled sustainably and equitably
Water supports development & elimination of
poverty & inequality Obj
ectiv
es
Inte
rnati
onal
and
tran
s-bo
unda
ry w
ater
re
sour
ce m
anag
emen
t
Wat
er re
sour
ces
plan
ning
, dev
elop
men
t an
d in
fras
truc
ture
m
anag
emen
t
Wat
er re
sour
ces
prot
ectio
n
Equi
tabl
e w
ater
use
Wat
er c
onse
rvati
on &
w
ater
dem
and
man
agem
ent
Man
agin
g w
ater
re
sour
ces
for c
limat
e ch
ange
Regu
latio
n of
the
wat
er
sect
or
Exec
utio
n
128 13 14 15
4 5 6 7 10 9 11
Vision of NWRS2Sustainable, equitable and secure water for a better life and environment for all
GoalWater is efficiently and effectively managed for equitable and sustainable growth and
development
Institutional arrangements
Stra
tegi
c th
emes
Execution Financing the water sector
Monitoring & information
management
Research and innovation
Water sector skills &
capacity
Water contributes to the economy and job creation
Water is protected, used, developed, conserved,
managed and controlled sustainably and equitably
Water supports development & elimination of
poverty & inequality Obj
ectiv
es
Inte
rnati
onal
and
tran
s-bo
unda
ry w
ater
re
sour
ce m
anag
emen
t
Wat
er re
sour
ces
plan
ning
, dev
elop
men
t an
d in
fras
truc
ture
m
anag
emen
t
Wat
er re
sour
ces
prot
ectio
n
Equi
tabl
e w
ater
use
Wat
er c
onse
rvati
on &
w
ater
dem
and
man
agem
ent
Man
agin
g w
ater
re
sour
ces
for c
limat
e ch
ange
Regu
latio
n of
the
wat
er
sect
or
Exec
utio
n
128 13 14 15
4 5 6 7 10 9 11
Enforcement (Cross-cutting)
Getting started: Implementation Priority Strategic actions KPI Sector Contributors
Enforcement CD: E will strengthen its compliance monitoring and enforcement capacity to take strong action against illegal water use in accordance with the Enforcement protocol.
Final Enforcement Strategy to curb unlawful water users. Number of DWS and CMA Enforcement staff trained.Approved Enforcement Training Manual.
SAPS, NPA, SAJEI
EWSETA,
Enforcement CD: E will become a catalyst in the development of a comprehensive regulatory framework that will guide the equitable and sustainable regulation of the entire water value chain and that will incorporate the existing water services regulatory strategy through case law.
Number of joint enforcement operations participated in
SAPS, DEA, DMR,
Implementing the Strategy (NWRS2):Strategic Actions
• Will enforce discharge standards wastewater treatment plants.
• Will enforce resource quality objectives;• Enforcement is required to support water allocation and
water allocation reform to ensure that water is used according to authorization conditions, and by legally authorized water users.
• Enforcement of the implementation of WCWDM measures through the NWA will receive enhanced attention over the next number of years.
Challenges facing Enforcement • Limited capacity to ensure compliance with authorisation
conditions has led to high levels of illegal water use, and pollution
• There is a major challenge in ensuring the accurate and up-to-date capturing of water use information on the WARMS system
• Waste Discharge Charge System must be used as an instrument to improve the quality of the degraded rivers wetlands and aquifers.
• Acid mine drainage (AMD) is a major source of pollution that results from water use practices that were allowed when less stringent conditions were imposed on mine discharges prior to promulgation of the National Water Act.
Challenges facing Enforcement… • The proposed mining of gas using hydraulic fracturing techniques, referred
to as fracking, can to bring enormous economic benefits to South Africa. Posing threats to the water resource and more research needs to undertaken to best manage impacts.
• Validation and verification, which is necessary to provide an accurate database of water use to support regulation, is not yet completed and is proving to be a slow and resource-intensive process. Only in the agriculture? A particular attention needs to be given to other sectors
• A large percentage of water use is authorised as existing lawful use in terms of the previous Water Act (1956), and is not subject to the same conditions that would be applied if this water use was licensed in terms of the National Water Act.
• While compulsory licensing has been completed in three catchments, the overall process has been slow and is resource intensive and complex.
Alignment with National Development Plan“Equity, Growth and Development”
NATIONAL WATER RESOURCE STRATEGY 2
NWRS2 Strategic objectives are now aligned to National Water Act and NDP, ensuring that: • Water supports development and elimination
of poverty and inequality• Water contributes to the
economy and job creation• Water is protected, used,
developed, conserved & managed
• Water is controlled sustainably and equitably
17
Regulatory Framework
• DWS will, in co-operation with the DMR and the DEA, augment the current regulatory framework to ensure that the appropriate regulations and controls are in place for the protection of water resources during unconventional gas development
• DWS will finalise regulations that will require the measurement of water abstracted from the resource for irrigation use and regular reporting on the quantity of water used
Target is to increase irrigation by 50%, but within same allocation
Abandoned & new mines pose water pollution threat
Significant expansion
opportunity in EC
Growing impact of
rural -urban
migration
Increased energy requires increased
water
Sectors and priorities
Private sector
•Key priorities•WCWDM•Planning, Infrastructure development, O/M
•Institutional establishment and Governance
•Equity•CM&E•Other Priorities•Climate change•Research, Monitoring & information
•Skills and capacity•Finance
Mining•Key Priorities•WCWDM•Planning, Infrastructure development, O/M
•Institutional establishment and Governance
•Equity•CM&E•Other Priorities•Climate change•Research, Monitoring & information
•Skills and capacity•Finance
Energy•Key priorities•WCWDM•Planning, Infrastructure development, O/M
•Institutional establishment and Governance
•Equity•CM&E•Other priorities•Climate change•Research, Monitoring & information
•Skills and capacity•Finance
Agriculture•Key Priorities•WCWDM•Planning, Infrastructure development, O/M•Institutional establishment and Governance•Equity•CM&E•Other priorities•Climate change• Research, Monitoring & information•Skills and capacity•Finance
Local Government
•Key Priorities•WCWDM•Planning, Infrastructure development, O/M•Institutional establishment and Governance•Equity•CM&E•Other Priorities•Climate change•Research, monitoring & information•Regulation•Skills & capacity•Finance
Change Management in the Enforcement arena
We must recognise that governance regimes are in fact established when we understand that there are a variety of interdependencies and that our actions do influence others. Whilst it is clear that we need to establish the mechanisms that foster and support the interactions needed to understand our interdependencies, it is also clear that not all individuals or water users choose to understand or acknowledge these various interdependencies. This becomes a basis for conflict and non-compliance with law. As a key element of governance this requires urgent redress such that within the next five years compliance with the law and regulation becomes a norm.
Questions