ENVIRONMENTAL AUTHORISATION, MINING AND WILDLIFE: A DIVERSE MANAGER
The memory of working with an individual with the ability to understand, and then champion, diverse issues from opposite ends of the spectrum such as environmental impact assessment, legislation, litigation and wildlife crime, is one that will be cherished, says the Deputy Director-General of Legal, Authorisations, Compliance and Enforcement in the Department of Environmental Affairs, Mr. Ishaam Abader.
“One of the more significant achievements of Minister Edna Molewa’s tenure was the development and implementation of the One Environmental System. An important outcome of the One Environmental System was that the environmental impacts of mining-related activities, were now being addressed in terms of the environmental legislation,” he said.
Mr. Abader added that the One Environmental system ensured closer co-operation between the Departments of Environmental Affairs, Water Affairs and Sanitation and Mineral Resources on mining-related matters. Its purpose was, among other things, to ensure that the time periods within which environmental authorisations (EAs),waste management – and water use licences are issued, are capped at 300 days, and that appeals are dealt with expeditiously. This system was designed to bring certainty to the mining industry on the duration for the issuing of EAs or similar authorisations under the National Environmental Management Act and related environmental management legislation.
In 2015 the Minister, in line with her commitment to environmental protection, also issued the Financial Provisioning Regulations for prospecting and mining activities. This was the first set of Regulations to comprehensively regulate the financial provisioning for rehabilitation, decommissioning, closure and postclosure activities to ensure remediation, rehabilitation and mitigation of adverse environmental impacts from mining. These Regulations are currently under revision and will shortly be published for comment.
During her tenure, Renewable Energy Development Zones and Electricity Grid Corridors were developed to support infrastructure development and reduce the timeframes for implementation. These initiatives also reduced the complexity of environmental impact assessments and the number of amendments required and helped to fast-track clean energy supply for the country – all in line with the mandate that she had committed to.
In addition, the Minister has introduced measures that reduced the environmental impact assessment burden for developments, without compromising the environment.
Under the Minister’s guidance, a number of pieces of legislation have been developed, implemented, and reviewed. The National Environmental Management: Biodiversity Act had been revisited and the Bill will be taken through the Cabinet processes shortly. The Marine Spatial Planning Bill was developed and is currently being considered by Parliament. This will ensure coherent and integrated development planning within the marine space. Another pertinent example, is the Climate Change Bill, the first of its kind for South Africa, which was developed during her tenure and is currently being taken through the Cabinet process for tabling in Parliament.
Minister Molewa was the driving force behind the fight to save South Africa’s rhino population from poaching. She ensured that rhino poaching was declared as a priority crime and that Cabinet became aware through co-ordination of the Integrated Strategic Management Approach for rhinoceros involving the Justice, Crime Prevention and Security Cluster Departments and a number of State Agencies, namely the Departments of Defence, Environmental Affairs, Justice, Constitutional Development and Correctional Services, the SAPS, Ministry of State Security and its Agency, SANParks, SARS, as well as provincial conservation authorities.
Minister worked tirelessly and was always looking for opportunities to meet with other government Ministers, both nationally and internationally, as well as other stakeholders, to make them aware of the poaching crisis in South Africa. She encouraged South Africa’s signature of Memoranda of Understanding in the field of Biodiversity and, in particular, implementation, compliance and enforcement with Multilateral Environmental Agreements such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) which plays an important part in the trade in species listed on its Appendices.
“When we attended international meetings with Minister, she encouraged bilateral meetings with her counterparts from other countries to ensure that they are aware and that their countries co-operate with South Africa on wildlife crime and sustainable use issues,” said Mr Abader.
Minister Molewa had been at the forefront of increasing the political focus and momentum on the need to effectively tackle environmental crime at the national, regional and international level. Her tireless work contributed to the recognition of Environmental Crime as a serious global issue, with numerous resolutions and commitments being made, as part of the collaborative international effort. Her support for the International Consortium on Combatting Wildlife Crime (made up of INTERPOL, CITES, World Customs Organisation, UN Office on Drugs and Crime and the World Bank) gave further recognition to the importance of the work of these organisations and led the way for South Africa to play a lead role, influencing and supporting the work undertaken at a regional and international level.
Dr Molewa was adamant that natural resources must be used sustainably, but above all, that these resources be shared equally, that communities benefit and that trade in these resources are legal.