CONTENTS
Achieving Policy Goals and Objectives
Strategic Goals
Goal 1 Effective Institutional Framework and Legislation
Goal 2 Sustainable Resource Use and Impact Management
Goal 3 Holistic and Intergrated Planning
Goal 4 Participation and Partnership in Environmental Governance
Goal 5 Empowerment and Environmental Education
Goal 6 Information Management
Goal 7 International Cooperation
Constitutional setting
Essential
Requirment for Effective Environmental Governance
Lead Agent
Coordination of Functions
An Intergrated and Comprehensive Regulatory System
Programmes to Deliver Functions
Background and Trends
Social Issues
Economic Issues
Natural Resources
Cultural Resources
Present Status of
Environmental Management
Appendix 2
Glossary
Appendix 3
Acknowledgements
When the Rio Earth Summit convened in 1992 the world came of age. The decision to adopt and promote Sustainable Development was a defining moment in the history of social progress, peace and development. The seminal agreements reached at that August summit and the strategies adopted to achieve them in the 21st century and beyond, could not have come at a more opportune moment for the billions of people on the planet. They represented an idea whose time had come.
The Rio agreements moved us, the world's people, closer to the objective of living in harmony with our environment. At Rio we affirmed the reality and truth that development and environmental issues and goals are one. Indeed, we demonstrated that the first principle of conservation is development; that sustainable development depends on good environmental management just as good environmental management depends on sustainable development.
At the time Rio was convened the world was crying out for good governance, for democracy, for human rights and for an improved quality of life for our generation and those to come. At Rio the world woke up to the reality that unless we incorporate environmental considerations into our development planning, implementation and evaluation, the future of our species, and of all the other species that constitute the bio-diversity and natural balance of our planet, cannot be assured.
World trends since Rio have shown that present and future prosperity, and the peaceful co-existence of peoples and their nation states, not only revolves around issues of exclusion from, and access to markets but also around issues of exclusion from, access to, and control of natural resources. While global resource availability is likely to keep pace with increased general consumption, frequent local and regional shortages will continue to threaten our existence and challenge present governance and management systems.
Indications are that the world's population will increase more than 20 percent between now and the year 2010. Future prospects become bleaker when we add to this a series of ominous facts. The fact that developing countries, which can least afford it, will contribute 95 percent of this population growth; that over the same period more than 45 percent of the world's people will be concentrated in the cities through relatively unplanned urbanisation processes; and that the largest sector of the population in the developing countries will be youths between the years of 15 and 25 years, of an age that is historically restive and a key source of instability. Unless action is taken now to ensure good governance and effective resource management and conservation many developing countries will not manage the threatening crisis.
Many situations point to the potential agents of crisis. Cholera has returned to Europe after 60 years. To clean the hot spots in and around the Black Sea alone will cost more than US$18bn. Uncontrolled nuclear tests and the introduction of related technology in mining and other industries have left vast areas of land and thousands of kilometres of rivers heavily polluted in some instances four to five times more radioactive than Chernobyl ever was.
Closer to home what began as a naturally occurring drought has resolved itself into a major conflict in Sudan. Similarly, competition over access to, and control of, environmental resources has more than twelve countries in Africa at war. Three million Kenyans are reportedly dying of starvation and the situation is now threatening continued democracy in that country. Botswana and Namibia are heading towards a major row over the water from the Okavango river. A dispute that threatens major economic, political and even military consequences for the two countries and the whole of the Southern African Development Community (SADC) region. Meanwhile some of the advanced nations of Europe and America have identified control of global, and in particular African, environmental and natural resources as their particular national challenge and security priority. Underlying all these developments is the potential for violence to increase when states or people affected by natural resource shortages and management policies are unfairly treated, or feel that they are unfairly treated, in the allocation and distribution of resources.
In our country, we have come to realise that the process of democratisation and establishing good governance can only be guaranteed if it is based on a sound economic and socio-economic framework that is environmentally sustainable. Equitable access to, and ownership and control of, renewable and non-renewable natural resources by South Africans, black and white, poor and rich, male and female, is critical to our survival as a country. Conservation and sustainable use of these environmental resources and their protection depends on changed behaviour by all individuals, households, and private and public institutions. These changes must affect processes of resource extraction, spatial development, appropriate and clean production, waste minimisation and pollution control strategies in order to guarantee a higher quality of life for all.
These are all tenets of South Africa's New Environmental Policy. It is a bold policy with a broad vision founded on respect for all the relevant principles and themes of environmentalism and sustainable development. Chief among these is the participatory process that produced it and the commitment to continued partnership in its implementation. Another of its great achievements is its recognition that environmental degradation is not only a function of failing markets and poverty but also of institutional failure at both the micro household level and the macro governmental level. In this regard, for the first time in the history of South Africa, the policy identifies a lead agent/department for integrated environmental management in South Africa. This will transform an important area of life from an 'afterthought', a mere arena of facilitation and an externality in development to one of active governance with an integral role in development.
In introducing a paradigm shift from narrow conservation to sustainable development the new policy has unsettled mindsets both within and outside the public sector. In so doing it has succeeded in putting before the nation and its people the means and criteria to identify those things that make for our peace, development and prosperity. It gives us a formidable framework to interact with the world, and our own past, present and future. The biosphere is a single whole and South Africa's biodiversity is one of its most important, richest and integral parts.
Thank you
Hon. Peter R Mokaba, MP
Deputy Minister and Chairperson of CONNEPP Management and Advisory Team
The Ministry and Department of Environmental Affairs and Tourism acknowledges the
contribution millions of South Africans have made over the last two years in developing a
new environmental policy for South Africa. Although we don't know all of your names we
thank you and look forward to your continued participation in the environmental management
of our country. We also acknowledge the role of the Management and Advisory Team (MAT)
which steered the process, and the drafters and referees for the two discussion documents,
the Green Paper and the White Paper. A fuller list of people who contributed to the
Consultative National Environmental Policy Process (CONNEPP) appears in Appendix 3 at the
end of the White Paper. Here we give a short list of politicians and officials who have
played a key role in developing the new policy.
Ministry
Minister Z Pallo Jordan
Deputy Minister Peter R Mokaba, who chaired MAT for the last part of the process
Former Minister Dawie De Villiers
Former Deputy Minister, General Bantu Holomisa, who was instrumental in launching the
process and initially chaired MAT
Department of Environmental Affairs and Tourism
Dr Colin Cameron - Director-General
Dr Francois Hanekom - Deputy Director-General
National Assembly
Ms Gwen Mahlangu - Chairperson: Portfolio Committee on Environment and Tourism
National Council of Provinces
Adv Stefan Grové
MINMEC: Environment and Nature Conservation
A full list of MINMEC members appears in Appendix 3.
We would like to record our gratitude to the donors who made CONNEPP possible.
International Development Research Centre (IDRC)
Mr Marc van Ameringen - Regional Director
Mr Wardie Leppan - Programme Officer
Danish Cooperation for Environment and Development (DANCED)
Mr Einar Jensen - Environmental Attaché
Mr Peter Lukey - Programme Officer
Finally, the CONNEPP Secretariat for their
dedication and commitment
Ms Christelle van der Merwe - National Coordinator
Ms Charmain Kruger - Deputy Coordinator
Mr Andrew Sithole - Project Assistant
The introduction defines the concept of environment that government uses in its national policy on environmental management. It describes the scope and purpose of the White Paper and the policy and sets out the consultative process used in developing the policy.
This is the government's national policy on environmental management. It sets out the vision, principles, strategic goals and objectives and regulatory approaches that government will use for environmental management in South Africa.
The purpose of policy is twofold:
Definition of the environment
Because the environment means different things to different people it is necessary to start by defining what it means. In this policy the word environment refers to the conditions and influences under which any individual or thing exists, lives or develops. These conditions and influences include:
Culture, economic considerations, social systems, politics and value systems determine the interaction between people and the environment, the use of natural resources, and the values and meanings that people attach to life forms, ecological systems, physical and cultural landscapes and places. People are part of the environment and are at the centre of concerns for its sustainability.
Scope and purpose of the White Paper
The White Paper contains the governments's environmental management policy and describes the context in which it has been developed. The White Paper has the following sections:
Appendix I deals with the background and trends, giving an overview of the main environmental issues in the country that environmental policy must address and of local and international trends that policy must take into account.
Appendix 2 contains a glossary of essential terms used in the policy.
Appendix 3 contains an acknowledgement of all those who have contributed to the development of government's new environmental management policy.
Purpose of the policy
This is an overarching framework policy. Specific subsidiary and sectoral policies to carry forward the detailed tasks of everyday governance will fall within this framework. They must subscribe to the vision, principles, goals and regulatory approach set out in the framework policy.
The policy applies to all government institutions and to all activities that impact on the environment.
Through this policy government undertakes to give effect to the many rights in the Constitution that relate to the environment. They include rights relating specifically to the environment, as well as those relating to governance such as the legal standing of parties, administrative justice, accountability and public participation. The policy furthermore defines the essential nature of sustainable development as the combination of social, economic and environmental factors. It takes ownership of sustainable development as the accepted approach to resource management and utilisation in South Africa, thus entrenching environmental sustainability in policy and practice.
The Consultative National Environmental Policy Process
South Africa has developed its national environmental policy through a comprehensive participatory process known as the Consultative National Environmental Policy Process (CONNEPP). CONNEPP's purpose was to give all stakeholders in South Africa the chance to contribute to developing the new environmental policy. The International Development Research Centre (IDRC); the Danish Cooperation for Environment and Development (DANCED) and the Department of Environmental Affairs and Tourism funded the process.
In developing this White Paper, CONNEPP went through the following stages :
MINMEC appointed a multi-stakeholder Management and Advisory Team (MAT) in November 1995. The sectors represented were:
The Deputy Minister of Environmental Affairs and Tourism chaired MAT. The CONNEPP secretariat, based in Johannesburg, attended to daily management and coordination of the project.
This chapter sets out government's new vision for environmental management in South Africa. The vision projects an integrated and holistic management system for the environment aimed at achieving sustainable development now and in the future. The chapter also sets out the national Department of Environmental Affairs and Tourism's mission.
A new vision for environmental policy
The vision of this environmental management policy is one of a society in harmony with its environment. The policy seeks to unite the people of South Africa in working towards a society where all people have sufficient food, clean air and water, decent homes and green spaces in their neighbourhoods that will enable them to live in spiritual, cultural and physical harmony with their natural surroundings.
We can only achieve this through a new model or paradigm of sustainable development based on integrated and coordinated environmental management that addresses:
In order to understand the implications of this vision for environmental management in South Africa, we need to look at the relationship between economic activity, the environment and approaches to development in this country.
Sustainable Development
In the 1980s, the International Union for the Conservation of Nature's World Conservation Strategy made the first attempt to reconcile ecological and economic concerns and approaches. The Strategy introduced the concept 'sustainable development'. The concept was refined in the World Commission on Environment and Development report, Our Common Future (the Brundtland Report), submitted to the United Nations in 1987. It adopted the following definition:
Sustainable development is development which meets the needs of the present, without compromising the ability of future generations to meet their own needs.
It contains two key concepts:
However this is not the only way in which the term sustainable development is used. In South Africa's macro-economic and fiscal policy the term is used in relation to the growth potential of the economy. In a business context the term may refer to the survival and growth of an enterprise. In addition the term has different content in the context of developed and developing nations.
This policy emphasises that integrated and sustainable management of the environment, now and in the future, is the essential basis of sustainable development in all areas of human activity. Development policies, plans, programmes and activities in all sectors that do not address environmental concerns cannot claim to be sustainable. Environmental management policy will ensure that the Growth Employment and Redistribution Strategy and the Reconstruction and Development Programme bring lasting benefits to all South Africans. It will achieve this by ensuring that environmental sustainability, health and safety are not compromised, and that natural and cultural resources are not endangered.
The policy focuses on win-win solutions to promote economic and environmental gains, particularly for previously disadvantaged communities. It seeks to integrate and address environmental concerns and environmental sustainability in decision making processes, in the development of policies and programmes, in spatial development planning and in the management of resources and activities. It aims to promote growth that does not degrade the environment and to promote environmentally sustainable development.
Growth, development and the environment
In the context of South Africa as a developing country, the growth and development needed to improve the quality of life enjoyed by South Africans must be integrated with the sustainable use of environmental resources.
Growth refers specifically to increasing the size of the economy. Gross Domestic Product (GDP) and Gross National Product (GNP) are used to measure this increase. GDP is a quantitative measure of how much economic activity takes place in a country. GNP measures all economic activity undertaken by a country's citizens both at home and abroad. Neither GDP nor GNP address the distribution of wealth or the nature of economic activity.
Development can be defined as a 'process for improving human well-being through a reallocation of resources that involves some modification of the environment'. It addresses basic needs, equity and the redistribution of wealth. Its focus is on the quality of life rather than the quantity of economic activity.
Growth and development both depend on the use of natural, social and cultural resources from the environment, but they relate to the use of these resources in different ways. However, neither growth nor development address the sustainable use of social, cultural and natural environmental resources over time.
Opportunities and constraints
The environment plays an essential role in determining future opportunities and
constraints for growth and development. Past development has emphasised exploitation and
optimisation of South Africa's mineral and natural resources with little concern for
long-term environmental impacts. It has neglected the development of the country's human
resources and largely ignored constraints arising from the finite character of
non-renewable natural resources and the ecological cycles that sustain renewable natural
resources.
By keeping within these limits we ensure the basis of our own future well being. This policy seeks to maintain natural life sustaining processes by ensuring that the carrying capacity of the environment is not exceeded.
It also recognises that constraints, essential for environmental sustainability, can lead to innovation. An example is the technological innovation in countries like Japan and Germany, based partly on the search for energy efficiency driven by high energy prices.
Environmental sustainability emphasises the interdependence of social and economic development and environmental protection. It places necessary economic growth in the context of the sustainable use of natural, social and cultural resources as the basis of economic activity and decision-making.
Sustainable use
If environmental concerns are ignored, growth and development may lead to short term
improvements in
overall living standards. However, they will lower the quality of life for many people, particularly poorer people who already face degraded living environments. Failure to address the sustainable use of natural resources will degrade the resource base on which we depend.
To avoid this, environmental policy must set us on a course that will achieve the goal of sustainable use, where the environmental impacts of society are in harmony with natural ecological cycles of renewal. To achieve this, sustainable development must ensure that the direction of investments, the orientation of technological developments, and institutional mechanisms work together towards the goal of sustainable use that will meet present and future needs.
A stable state economy
Sustainable development must ensure that our developing economy proceeds from unrestrained
growth and insensitive development to environmental sustainability. This is characterised
by a stable state economy that addresses the needs of society in a equitable fashion while
remaining in balance with ecological cycles.
Initially the focus will be on meeting the basic needs of previously disadvantaged communities while building the foundations for sustainable development to contain impacts and avert disasters. Policy will strive to integrate environmental concerns into all areas of economic activity and development, arrest unsustainable patterns of use and ensure equitable access to resources.
Mission Statement
Government's goal is to lay the foundations for sustainable development based on integrated and holistic environmental management practices and processes over the next five years. To this end government commits itself to:
Government has appointed the national Department of Environmental Affairs and Tourism as the lead agent responsible for ensuring the integrated and coordinated implementation of its policy on environmental management. In accepting this appointment the Department undertakes to act as custodian of the nation's environment and accepts the obligation of ensuring that people's environmental rights are enforced.
The mission of the Department of Environmental Affairs and Tourism
In developing and implementing government's national policy on environmental management, the Department of Environmental Affairs and Tourism takes up the challenge of achieving environmental sustainability in the context of South Africa's current situation. Specifically, it undertakes to develop a National Environmental Strategy and Action Plans. The strategy will focus and prioritise goals and objectives requiring action by government. Chapter four: Strategic Goals and Objectives, provides further details. They include a commitment to:
In addition the Department undertakes to:
This chapter sets out the principles for environmental management. Principles are the fundamental premises government will use to apply, develop and test policy and subsequent actions including, decision making, legislation, regulation and enforcement. In some cases the principles are followed by boxes containing details on how the principle will be applied.
Accountability
Government is accountable for policy formulation, monitoring and enforcement.
Allocation of Functions
Government will allocate functions within the framework of the Constitution to the
institutions and spheres of government that can most effectively achieve the objective of
a function within the context of environmental policy.
Alienation of Resources
Renewable and non-renewable natural resources, cultural resources and land are public
assets and belong to all the people of South Africa. Government must ensure that the
alienation of these resources and land, in particular to foreigners, will be done with
circumspection, in the best interests of the people's environmental rights and to ensure
the wise use of such resources and land.
| In applying this principle government must ensure that its investment policies and programmes do not result in the unchecked transfer of ownership of all the nation's natural and cultural resources and land, in particular to foreign investors, or result in access to these resources and land being denied to the people of this country. |
Capacity Building and Education
All people must have the opportunity to develop the understanding, skills and capacity for
effective participation in achieving sustainable development and sustainable resource use.
Conflict odf Interest
Actual or potential conflicts of interest between responsibilities for resource
exploitation, and any responsibilities or powers affecting environmental quality or impact
management, must be resolved. Solutions to such conflicts of interest must ensure
effective implementation of environmental policy and provide for the role of the lead
agent in monitoring and ensuring the maintenance of norms and standards.
Coordination
Environmental concerns affect all aspects of life and must be integrated into the work of
all government institutions. This requires intergovernmental harmonisation of policies,
legislation, monitoring, regulation and other environmental functions in accordance with
the requirements of environmental policy.
Cradle to Grave
Responsibility for the environmental and health and safety consequences of a policy,
programme, project, product, process, service or activity exists throughout its life
cycle. It starts with conceptualisation and planning and runs through all stages of
implementation to reuse, recycling and ultimate disposal of products and waste or
decommissioning of installations.
Demand Management
In managing resources and environmental impacts, demand management must be considered
along with other control measures.
Due Process
Due process must be applied in all environmental management activities. This includes
adherence to the provisions in the Constitution dealing with just administrative action
and public participation in environmental governance.
Equity
There should be equitable access to environmental resources, benefits and services to meet
basic needs and ensure human wellbeing. Each generation has a duty to avoid impairing the
ability of future generations to ensure its well being.
Environmental Justice
To comply with the requirements of environmental justice, government must integrate
environmental considerations with social, political and economic justice and development
in addressing the needs and rights of all communities, sectors and individuals.
Policy, legal and institutional frameworks must:
|
Full Cost Accounting
Decisions must be based on an assessment of the full social and environmental costs and
benefits of policies, plans, programmes, projects and activities that impact on the
environment.
Global and International Cooperation and
Responsibilities
Government must recognise its shared responsibility for global and regional environmental
issues and act with due regard for the principles contained in this policy and applicable
regional and international agreements.
Good Governance
Good governance depends on mutual trust and reciprocal relations between government and
people. This must be based on the fulfilment of constitutional, legislative and executive
obligations, and acceptance of authority, responsibility, transparency and accountability.
The democratically elected government is the legitimate representative of the people.
In governing it must meet its obligation to give effect to peopl's environmental rights in
section 24 of the Constitution. This includes:
|
Inclusivity
Environmental management processes must consider the interests, needs and values of all
interested and affected parties in decision making to secure sustainable development. This
includes recognising all forms of knowledge including traditional and ordinary knowledge.
Integration
All elements of the environment are linked and management must therefore take account of
the connections between them.
| The integration of environmental concerns into every area of human activity is central
to the achievement of sustainable development. Priority areas for environmental governance
include: the integration of environmental, social and economic considerations in development and land use planning processes and structures. This requires assessment of environmental impacts at policy, planning, programme and project levels.
|
Open Information
Everyone must have access to information to enable them to:
Participation
Government must encourage the inclusion of all interested and affected parties in
environmental governance with the aim of achieving equitable and effective participation.
Precaution
Government will apply a risk averse and cautious approach that recognises the limits of
current knowledge about the environmental consequences of decisions or actions.
This approach includes identifying:
|
Prevention
Government must anticipate problems and prevent negative impacts on the environment and on
people's environmental rights.
Polluter Pays
Those responsible for environmental damage must pay the repair costs both to the
environment and human health, and the costs of preventive measures to reduce or prevent
further pollution and environmental damage.
Waste Management
Waste management must minimise and avoid the creation of waste at source, especially in the case of toxic and hazardous wastes. Government must encourage waste recycling, separation at source and safe disposal of unavoidable waste.
This chapter sets out the priorities for achieving the vision and focusing government action on the environment over the next five to ten years in the form of broad strategic goals and supporting objectives. These goals chart the direction government will follow in meeting its commitment to sustainable development and an integrated and holistic system of environmental management. The chapter also introduces the National Environmental Strategy and Action Plans. These will be the basis for translating the goals and objectives into practice.
Achieving Policy Goals and Objectives
The overarching goal sustainable development
The intention is to move from a previous situation of unrestrained and environmentally insensitive development to sustainable development with the aim of achieving a stable state economy in balance with ecological processes.
National Environmental Strategy and Action Plans
In order to ensure that policy is translated into practice, the national Department of Environmental Affairs and Tourism as government's lead agent for environmental management will develop National Environmental Strategy and Action Plans (NES&AP) detailing strategies and action plans and setting time frames and targets.
Contents and purpose of the NES&AP
The strategy will focus and prioritise goals and objectives requiring action by government and other parties within the next five to ten years. Criteria for prioritisation must include:
Where necessary the NES&AP will identify priorities for fast tracking to address urgent needs. These priorities will be the basis for developing action plans to address the strategic goals set out in the national environmental management policy. The action plans will include clear time frames and budgetary allocations for realising the accompanying objectives. Plans should provide for interim updates and take account of new information, new technology, or other factors that may call for revision of standards, mechanisms, or targets. The plans will take account of South Africa's international obligations.
NES&AP process
The national Department of Environmental Affairs will draw up an initial proposal and will
then embark on a participatory process to consult all interested and affected parties
before drawing up a final strategy and action plans for implementation. This will be done
within a year of the policy being accepted
Coordination of policy processes
The National Environmental Strategy and Action Plans will prioritise and coordinate the development of all environmental policy processes, bringing them into line with this framework policy. It will also identify and initiate any further policy processes that are required.
Strategic Goals
Within the framework of the overarching goal of sustainable development, government has identified seven strategic goals for achieving environmental sustainability and integrated environmental management. These goals are interdependent and implementation must address all of them to be effective. It is vital to recognise that environmental concerns and issues cut across various sectors and functions. Therefore sustainable and integrated management of the environment depends on cooperation and initiatives from all sectors of society. Many supporting objectives address functions of other government departments that impact on the environment and will require their cooperation and commitment for effective implementation.
The strategic goals and their supporting objectives address the major issues government faces in its drive to achieve sustainable development and ensure an integrated system of environmental management. The vision and policy principles have guided the choice of goals and objectives and will also guide policy implementation.
Goal 1 Effective Institutional Framework and Legislation
Goal 2 Sustainable Resource Use and Impact Management
Goal 3 Holistic and Integrated Planning
Goal 4 Participation and Partnerships in Environmental Governance
Goal 5 Empowerment and Environmental Education
Goal 6 Information Management
Goal 7 International Cooperation
Goal 1 Effective Institutional Framework and Legislation
Create an effective, adequately resourced and harmonised institutional framework and an integrated legislative system, and build institutional capacity.
Supporting Objectives
Institutional framework
Integration and coordination
Mediation and conflict resolution
Legislation, norms and standards
To carry out a legal audit and review to establish:
Reviewing and updating policies, plans and programmes
Reallocation of resources
Capacity building in government
Research and development
Goal 2 Sustainable Resource Use and Impact Management
Promote equitable access to, and sustainable use of, natural and cultural resources, and promote environmentally sustainable lifestyles. Integrate environmental impact management with all economic and development activities to achieve sustainable development with the emphasis on satisfying basic needs and ensuring environmental sustainability.
Supporting objectives
Sustainable resource use
To ensure wise use of non-renewable resources taking account of:
To ensure the sustainable use of renewable resources, taking account of:
Alienation of natural and cultural resources and land
To investigate and establish mechanisms that will ensure:
Improving environmental performance
Subsidies
Conservation of biodiversity
To promote the conservation of biodiversity through:
Coastal zone management
Water resource management
Sustainable agriculture and forestry
Sustainable fisheries resource management
Pricing natural resources
Integrated pollution control and waste management
Energy resources
Transport
Population and environment
Cultural resource management
Tourism and local participation
Goal 3 Holistic and Integrated Planning and Management
Develop mechanisms to ensure that environmental considerations are effectively integrated into the development of government policies and programmes, all spatial and economic development planning processes and all economic activity.
Supporting Objectives
Integrated environmental management
Environmental development and rehabilitation fund
To investigate and, if feasible, establish a fund to:
Coordination and integration
To review policies, government responsibilities and decision making processes and coordinate appropriate measures within and between departments and other organs of state in all spheres in order to:
Goal 4 Participation in Environmental Governance
Establish mechanisms and processes to ensure effective public participation in environmental governance.
Supporting Objectives
Participation structures, mechanisms and processes
Communication and participation
Strategic alliances
Goal 5 Environmental Education and Empowerment
Promote the education and empowerment of South Africa's people. Increase their awareness of, and concern for, environmental issues, and assist in developing the knowledge, skills, values and commitment necessary to achieve sustainable development.
Supporting Objectives
Education and training
Empowerment of citizens through capacity building
Marginalised and special interest groups
Goal 6 Information Management for Sustainable Development
Develop and maintain information management systems to provide accessible information to interested and affected parties that will support effective environmental management.
Supporting Objectives
Information management systems
State of the environment report
To report periodically on the state of the South African environment:
Goal 7 International Cooperation
Develop mechanisms to deal effectively and in the national interest with international issues affecting the environment.
Supporting Objectives
International agreements
International cooperation
Maintaining environmental integrity
Transboundary impacts
Ozone depletion and climate change
This chapter describes the constitutional setting for environmental policy and sets out:
Constitutional Setting
The starting point for developing environmental policy in South Africa is the Constitution. The adoption of a democratic Constitution and Bill of Rights has made government accountable to the people. The Constitution sets out the legislative and executive authority of different spheres of government within a framework of cooperative governance. It states that national and provincial governments have concurrent responsibility for environmental management. This section sets out the implications for government of the general and specific clauses in the Constitution that bear on environmental management.
Sovereignty
The Constitution states that South Africa is a sovereign, democratic state based on the values of human dignity, equality, non-discrimination, the rule of law and universal suffrage. In terms of environmental management it is important to recognise that sovereignty includes the ability to limit sovereign powers by entering into international agreements where the need arises. For example, in terms of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, we have given up our sovereign power to accept hazardous waste from Organisation for Economic Cooperation and Development (OECD) countries.
Cooperative governance
Chapter Three of the Constitution sets out principles of cooperative government and intergovernmental relations that govern the relations between all spheres of government and all organs of the state within spheres. Amongst those important for environmental management are the obligations to preserve the peace and national unity of the Republic; secure the well-being of its people; provide effective, transparent, accountable and coherent government; respect the powers, functions and institutional integrity of other spheres of government; inform, consult, assist and support other government agencies; co-ordinate actions and legislation; adhere to agreements; and avoid legal proceedings against other government agencies. This chapter provides for structures to facilitate intergovernmental relations and resolve conflicts.
Powers of the national and provincial spheres of government
National legislative powers
The national legislature has the power to amend the Constitution and to legislate on all
matters, including those listed in Schedule 4 as functional areas of concurrent national
and provincial executive competence. It does not generally have the power to legislate on
those matters listed in Schedule 5 as functional areas of exclusive provincial legislative
competence. Exceptions occur where it is necessary to intervene to maintain national
security or economic unity, maintain or establish national or minimum standards, and
prevent unreasonable action by a province or action that prejudices the interests of
another province or those of the country as a whole.
Schedule 4 matters include agriculture, cultural matters, environment, health services, housing, nature conservation, pollution control, regional planning and development, soil conservation, tourism, trade and urban and rural development. The implications of these powers are addressed later in this section.
National executive powers
The national executive has the power to supervise the provinces and to intervene where the
provinces do not fulfil executive obligations in terms of the Constitution or legislation.
In these circumstances it may issue directives or intervene to maintain national security
or economic unity, maintain or establish national or minimum standards, and prevent
unreasonable action by a province or action that prejudices the interests of another
province or the country as a whole. In such cases, the national executive must report to
the National Council of Provinces which has the power to review its actions.
Provincial legislative and executive powers
The provincial governments have similar legislative and executive powers with respect to
local authorities. Parts B of Schedule 4 and 5 set out a wide range of activities
including planning and regulatory functions where local governments have responsibilities
that affect the environment. As a result of their important role in implementing policy,
effective environmental management at local level is essential for its success. Provincial
government has an important role to play in setting provincial norms and standards and
assisting local government to carry out its role effectively within the framework of this
policy.
Local government
Section 156 (4) provides that national and provincial government must assign matters in
Part A of Schedule 4, or Part A of Schedule 5, that relate to local government if local
government can most effectively administer them and has the capacity to do so. Section 156
(5) gives local government the right to exercise any power necessary or incidental to the
effective performance of its functions.
Relationships between spheres of government
Section 146 of the Constitution addresses the question of conflicts between national and
provincial legislation and establishes that national legislation prevails where
legislation by individual provinces cannot effectively regulate a matter; where a matter
requires uniformity across the nation; and where national legislation is necessary to
maintain security or economic unity, or to protect the common market, promote economic
activities across provincial boundaries, promote equity or to protect the environment.
Other provisions include prevention of unreasonable action by provinces and to prevent
prejudice to other parts of the country.
Accountability and participation
Section 195 (1) (e-g) states that public administration must be accountable, transparent
through the provision of timely, accessible and accurate information, must respond to
people's needs and must encourage public participation in environmental governance.
Various sections of the Bill of Rights have major relevance for environmental policy. Section 24 of the Bill of Rights guarantees that:
Everyone has the right:
(a) to an environment that is not harmful to their health or well-being; and
(b) to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that -
(I) prevent pollution and ecological degradation;
(ii) promote conservation; and
(ii) secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.
Other rights that are relevant to environmental governance include section 25 (Property), section 26 (Housing), section 27 (Health care, food, water and social security), section 32 (Access to information) and section 33 (Just administrative action).
In terms of section 8 of the Constitution, the Bill of Rights applies to all law, and binds the legislature, executive, judiciary and all organs of state. This means that government must give effect to the rights in the exercise of environmental governance. In terms of section 24 people can take legal action to protect their environmental and other rights, even where government has no obligation in terms of any other statute to give effect to these rights. Section 24 also compels government to pass reasonable legislation to protect the environment, prevent pollution and ecological degradation, and secure sustainable development. Government must also ensure compliance with legislation.
Essential Requirements for Effective Environmental Governance
Government has an obligation to give effect to people's environmental rights contained in the Bill of Rights. In order to achieve this and to meet the development needs of our people, sustainable development is essential. Sustainable development requires an integrated and coordinated environmental management policy. This must ensure that national norms, standards, legislation, administration, enforcement and all other aspects of environmental governance are dealt with uniformly across departments and in all spheres of government. In order to achieve this government must enact its policy on environmental management in legislation.
The implementation of an integrated and holistic environmental management system must recognise the existing legislative and executive responsibilities and structures set out below.
Allocation of functions
The primary allocation of functions is made by the Constitution. It allocates law-making and administrative functions to the national government, the provincial and/or local governments. Secondly, functions are allocated when the President appoints Ministers of the Cabinet and assigns functions to them in terms of section 91(2) of the Constitution, or the Premier of a province appoints members of the Executive Council and assigns functions to them in terms of section 132 of the Constitution. Thirdly, functions may be allocated by legislative bodies in terms of national or provincial legislation, provided that the legislative body has law-making power with regard to the function allocated. The present allocation of functions gives a wide range of government agencies responsibilities for environmental management.
Agencies with specific law-making or executive functions, can assign or delegate those functions to another government institution. Where agencies are in agreement, it is possible to achieve a re-allocation of functions between them within the framework of the Constitution.
Concurrent competency
The government of the Republic is constituted as national, provincial and local spheres of government which are distinctive, interdependent and interrelated. It is clear from the analysis of the provisions of the Constitution and Schedules 4 and 5, that in the case of numerous environment related functions, more than one sphere of government has legislative and/or executive and administrative authority, and that this authority is often exercised concurrently by different government agencies.
Legislation may impact on functional areas of competence. For instance, in terms of the Constitution, air pollution is an area of national, provincial and local government competence, but the Atmospheric Pollution Prevention Act (45 of 1965) assigns the control of noxious and offensive emissions and dust control to national government, while assigning the control of smoke pollution and vehicular emissions to local authorities. Functions relating to refuse dumps and solid waste disposal present another example. In terms of the Constitution, provincial and local government have concurrent competence in these areas, to the exclusion of national government. Yet the Environment Conservation Act (73 of 1989) provides that no one may establish or operate a refuse dump without a permit from the Minister of Water Affairs. The Act also authorises the Minister of Environmental Affairs and Tourism to make regulations with regard to waste management.
Under certain circumstances national legislation can impose upon a provincial or municipal functional area of competence. These circumstances are:
Under these circumstances the national government can perform functions within the competence of provinces and local governments. While this does not mean that the functions are'taken away' from provincial or local governments, they cannot perform functions in conflict with the provisions of national legislation.
Intergovernmental cooperation
Chapter 3 of the Constitution enjoins government agencies to operate in accordance with the principles of cooperative government and intergovernmental relations that it sets out. These include the proviso that:
All spheres of government and all organs of state within each sphere must .... co-operate with one another in mutual trust and good faith by:
(I) fostering friendly relations;
(ii) assisting and supporting one another;
(iii) informing one another of, and consulting one another on, matters of common interest;
(iv) co-ordinating their actions and legislation with one another;
(v) adhering to agreed procedures; and
(vi) avoiding legal proceedings against one another.
The exchange of information, consultation, agreement, assistance and support are key features of cooperative government.
Achieving integrated and coordinated environmental management
Given the fragmentation of environmental functions throughout government institutions, all national departments and other organs of state in all spheres must comply with government's national policy on environmental management to achieve integrated and holistic environmental management. In order to effect this, government appoints the national Department of Environmental Affairs and Tourism as lead agent responsible and accountable for:
National legislation must empower the lead agent to play its role in accordance with the provisions of the Constitution. Legislation must give the lead agent the necessary coercive powers to ensure compliance with national policy on environmental management, environmental legislation, norms and standards. The lead agent will ensure that policy, legislation, norms and standards address current problems and provide proactive solutions.
To ensure effective integrated environmental management, the lead agent will provide leadership and guidance. This will enable other national departments, provincial environment departments and local authorities to meet their executive obligations in respect of environmental management. In performing these functions the lead agent will act in accordance with the requirements of cooperative government.
Responsibilities of the lead agent
As lead agent for environmental management, the national Department of Environmental Affairs and Tourism is custodian of the nation's environment and must ensure that people's environmental rights are enforced. It will fulfill its Constitutional, executive and legislative obligations by taking the lead in integrating and coordinating environmental functions as set out below.
Policy, strategy and legislation
Coordination
Enforcement
Information and reporting
Participation and appeals
Monitoring and review
Capacity
Powers of the lead agent
Examples of instances that require intervention include where:
In such cases the national Department of Environmental Affairs and Tourism has the power to take action as set out in section 100 of the Constitution.
Responsible and accountable governance
As lead agent the national Department of Environmental Affairs and Tourism will exercise its powers within the framework of cooperative governance as required by the Constitution. It will respond to public needs and provide mechanisms for public participation in environmental governance.
Integration and coordination
The Ministry and national Department of Environmental Affairs and Tourism must provide for effective integration and cooperation with all government agencies and other role players in implementing the national policy on environmental management. To give effect to this the Minister of Environmental Affairs and Tourism must investigate the legal ramifications of establishing an environmental coordinating committee.
Relations with government agencies in all spheres
All government agencies and state organs are obliged to implement the government's national policy on environmental management. Government must pass legislation to oblige all government agencies and state organs to adhere to national environmental norms and standards.
Inter-ministerial and inter-departmental coordination and integration of environmental management functions in all spheres of government is necessary in making and implementing policy, and to achieve integrated and holistic environmental management. The onus is on all departments and other organs of state in all spheres of government performing environmental functions, and any activity that impacts on the environment, to consult and inform the national Department of Environmental Affairs and Tourism and in coordination with the Department reach agreement and obtain its concurrence on:
The national Department of Environmental Affairs and Tourism will coordinate the environmental management activities of sectoral lead agents to achieve integrated environmental management of all environmental resources and media.
The lead agent and all government organs that perform environmental functions must:
Relationships with interested and affected parties
In fulfilling its commitment to participatory environmental governance, the national Department of Environmental Affairs and Tourism will involve interested and affected parties in civil society in:
International relations
The national Department of Environmental Affairs and Tourism must report regularly to the international community in terms of its international obligations. It must ensure adequate opportunity for participation by all relevant interested and affected parties in negotiating, entering and implementing international agreements.
South Africa must adopt a proactive approach in international relations dealing with environmental issues and ensure that national policy on environmental management and priorities are not compromised. In doing so it should prioritise its engagements and relations according to the following hierarchy:
The Constitution sets out approaches, legislative and executive authorities, and functional areas of competence of different spheres of government. However, it does not define the parameters of the executive and administrative powers and responsibilities of different spheres of government with respect to concurrent competencies. In practice this will have to be worked out through negotiation and intergovernmental agreements. In extreme cases, where all other measures have failed, matters may have to go to the Constitutional Court for resolution.
To give effect to the Constitution and ensure implementation of national policy on environmental management, government must ensure that there is no confusion about areas of environmental jurisdiction and no duplication of functions, between different departments and spheres of government. Environmental management functions and responsibilities may be concentrated (consolidated) within the national Department of Environmental Affairs, or executed by extension (on an agency basis) in other departments.
In determining the parameters for exercising the executive and administrative powers and responsibilities of different spheres of government, government must bear in mind the need to maintain the integrity of this policy. To this end it will apply the following criteria:
These criteria will direct government in determining whether the most effective means of achieving integrated environmental management and ensuring environmentally sustainable development will be:
Government must commit itself to developing the capacity of all its institutions to implement environmental policy effectively. Where capacity does not exist, it must provide for transitional measures to meet governance commitments until capacity exists. Where there are no appropriate government institutions, government will investigate other options including the establishment of new institutions.
An Integrated and Comprehensive Regulatory System
Government regulatory measures
Government regulatory measures must ensure compliance and secure cooperation in meeting policy objectives in order to enhance the quality of the environment and control environmental impacts.
Suitable measures for environmental management can be grouped into three general categories:
Direct measures
Some measure can be either proactive or reactive depending on their use. Examples include:
Indirect measures
These measures encourage people to change their behaviour in return for the benefits derived from sustainable development.
Proactive indirect measures could include:
Reactive indirect measures could include:
Supportive measures
These measures provide a setting to enable effective environmental management and the achievement of sustainable development. They fall into two main categories, those that facilitate informed decision making and those that facilitate impact management.
The direct, indirect and supportive categories are interrelated and the best results will come from an integrated approach based on an appropriate mix of measures from all three categories. The aim should be to find the best possible combination of measures to control and, where possible, minimise the environmental impacts of a particular activity.
The criteria for determining the most effective measures for exercising particular functions or responsibilities will be based on the policy principles and include:
The location of administrative and executive powers and responsibilities
The tables below illustrate the location of executive and administrative powers and responsibilities for a range of functions derived by applying the criteria in the last three sections of this chapter. They show powers and responsibilities, lead agent and implementing agent or agents for direct, indirect and supportive measures.
Location of Powers and Responsibilities for Direct Measures |
|||||
| Powers and responsibilities | Lead agent | Implementing government institutions |
|||
| DEAT | Provincial enviro depts | Local enviro depts | Sectoral national depts | ||
| National Policy Development | National Dept of Environmental Affairs & Tourism | X | X | X | X |
| Provincial policy | Provincial Environment departments | X | X | X | |
| Norms and standards for participation | National Dept of Environmental Affairs & Tourism | X | X | X | X |
| Norms and standards for impact management | National Dept of Environmental Affairs & Tourism - national minimum standardDepartments of the Environment - specific provincial standards | X | X | X | X |
| Norms and standards for environmental management systems (EMS) | National Dept of Enviroal Affairs & Tourism | X | X | X | X |
| Norms and standards for resource use | National Dept of Environmental Affairs & Tourism - national minimum
standards, and sectoral lead agents,(eg the Dept Water Affairs & Forestry for water
quality). Provincial Departments of the Environment - specific provincial standards |
X | X | X | X |
| Integration and coordination of environmental management functions | National Dept of Environmental Affairs & Tourism | X | X | X | X |
| Monitoring | National Dept of Environmental Affairs & Tourism and provincial environment departments, and sectoral lead agents, (eg Dept Water Affairs & Forestry for water resource management) | X | X | ||
| Plus civil society | |||||
| Enforcement | national Dept of Environmental Affairs & Tourism and provincial environment departments, and sectoral lead agents, (eg Dept Water Affairs & Forestry for water resource management). | Legislation and regulations | |||
| X | X | X | |||
| Bylaws | |||||
| Management of the Receiving Environment | Sectoral departments (eg Dept Water Affairs and Forestry, Dept of Agriculture) | X | X | ||
| Remediation | National Dept of Environmental Affairs & Tourism and provincial environment departments. Dept Water Affairs & Forestry i.r.o. water quality | X | X | X | |
Location of Powers and Responsibilities for Indirect Measures |
|||||
| Powers and responsibilities | Lead agent | Implementing government institutions |
|||
| DEAT | Provincial enviro depts | Local enviro depts | Sectoral national depts | ||
| Formal environmental education | Intergovernmental cooperation between departments of Environment and Education at National and provincial level. | X | X | X | |
| Non-formal education | Intergovernmental cooperation between sectoral departments and National and Provincial departments of the Environment | X | X | X | X |
| Plus civil society | |||||
| Informal education | National Dept of Environmental Affairs & Tourism and provincial environment departments | Intergovernmental and civil society cooperation | |||
| Auditing | National Dept of Environmental Affairs & Tourism. Dept Water Affairs & Forestry for water resource management. | X | X | ||
| Capacity for participation - national programmes | National Dept of Environmental Affairs & Tourism | X | X | ||
| Plus civil society | |||||
| Capacity for participation - provincial programmes | Provincial departments of the environment | X | X | ||
| Plus civil society | |||||
Location of Powers and Responsibilities for Supportive Measures |
|||||
| Powers and responsibilities | Lead agent | Implementing government institutions |
|||
| DEAT | Provincial enviro depts | Local enviro depts | Sectoral national depts | ||
| Information | National, sectoral, provincial and local spheres Potential target groups include:
|
x | x | x | x |
| All civil society sectors | |||||
| State of the Environment Report | National Dept of Environmental Affairs & Tourism | x | |||
| Guidelines | Intergovernmental cooperation between sectoral departments and national and provincial departments of the environment | x | x | x | x in national and provincial spheres |
| Participation | national Dept of Environmental Affairs & Tourism | x | x | x | x |
| All interested and affected parties | |||||
| Tools and instruments | Intergovernmental cooperation between sectoral departments and national and provincial departments of the environment and agreements with all interested and affected parties | x | x | x | x |
| Parties contracted under agreements | |||||
| Institutional capacity building - human, financial and physical resources and skills | National Dept of Environmental Affairs & Tourism and provincial environment departments and sectoral departments. Dept Water Affairs & Forestry for water resource management. | x | x | x | x |
| Research and development | national Dept of Environmental Affairs & Tourism through agreements with sectoral departments, parastatals, research institutions, business and industry, NGOs, governments and institutions in other countries | ||||
| Plus parastatals, research institutions, business and industry and NGOs | |||||
This section sets out a number of mechanisms and instruments that will be used in implementing government's national policy on environmental management. In many cases they can be used in different combinations or ways depending on the requirements of a particular situation.
Integrated framework legislation
The lead agent will develop a single framework law to provide for:
This framework legislation will provide the basis for subsidiary regulation by the lead agent, other departments and other spheres of government.
The criteria for determining the most effective regulatory mechanisms will be based on the policy principles and include:
The lead agent will undertake the necessary coordination between affected government agencies to provide accessible, uniform one