DEPARTMENT OF ENVIRONMENTAL AFFAIRS

The mandate and core business of the Department of Environmental Affairs is underpinned by Section 24 of the Constitution which provides everyone with the Right to an environment that is not harmful to their health or well-being. The Section places an obligation on the State to progressively ensure that the environment is protected for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

Since 1994, the Department of Environmental Affairs has, in fulfilling its Constitutional obligations, passed a number of policies and regulations to guide its work.

Legislation and Policies since 2010: LEGISLATION

South African Weather Service Amendment Act (Act No. 48 of 2013); 2013:

Extends the powers, functions and objectives of the Weather Service so as to provide the Weather Service with a legal mandate to provide ambient air quality service and to act as custodian of the South African Air Quality Information System.

National Environmental Management: Air Quality Amendment Act (Act No. 20 of 2014); 2014: Provides for the establishment of the National Air Quality Advisory Committee; and for the Minister of Environmental Affairs as the licensing authority under certain circumstances.

National Environmental Management Laws Amendment Act (Act No. 25 of 2014); 2014: Provides for the implementation of the One Environmental System in the Republic of South Africa.

National Environmental Management: Waste Amendment Act (Act No. 26 of 2014); 2014: Establishes of the Waste Management Bureau and matters connected therewith.

REGULATIONS

Environment Impact Assessment (EIA) Regulations; 2014: Regulates procedures and criteria for the submission, processing, consideration and decision of applications for environmental authorisations of activities and for matters pertaining thereto.

Environmental Impact Assessment Regulations Listing Notice 1 of 2014; 2014: Identifies activities that would require environmental authorisations prior to commencement of that activity and to identify competent authorities [basic assessment].

Environmental Impact Assessment Regulations Listing Notice 2 of 2014; 2014: Identifies activities that would require environmental authorisations prior to commencement of that activity and to identify competent authorities [scoping and environmental impact reporting].

CITES Regulations; 2010: Regulates the conservation and sustainable utilisation of plants and animals within the Republic in accordance with the Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973.

Alien and Invasive Species Regulations; 2014: Prescribes monitoring, control and eradication plans, risk assessment framework and the permitting system for the alien and listed invasive species.

Bioprospecting, Access and Benefit-Sharing Regulations; 2015: Prescribes the notification process for the discovery any indigenous genetic and biological resources to be used in bioprospecting, the permits required, and requirements and criteria for benefit-sharing and material transfer agreements; and the administration process of the Bioprospecting Trust Fund.

The National Air Quality Management Framework; 2013: Which provides mechanisms, systems and procedures to attain compliance with ambient air quality standards by providing national norms and standards for the control of emissions, as well as air quality monitoring, management planning and information management.

National Greenhouse Gas Emission Reporting Regulations; 2017: Which introduces a single national reporting system for the transparent reporting of greenhouse gas emissions.

National Pollution Prevention Plans Regulations; 2017: Which prescribe the requirements that pollution prevention plans of greenhouse gases declared as priority air pollutants need to comply with.

List of Waste Management Activities that have, or are likely to have, a detrimental effect on the environment; 2013: Which provide for waste activities that require a waste management licence.

Dumping at Sea Regulations; 2017: The regulations to regulate the application, consideration and assessment of application for permits for dumping at sea.

Reclamation of land from coastal waters Regulations; 2018: The regulations regulates reclamation of land from coastal waters.

The Department has also ratified a number of multilateral environmental agreements. These include:

International Convention for the Regulation of Whaling; Convention on the High Seas; The Antarctic Treaty;

Vienna Convention for the Protection of the Ozone Layer;

Montreal Protocol on Substances that Deplete the Ozone Layer;

Protocol on Environmental Protection to the Antarctic Treaty;

United Nations Framework Convention on Climate Change; Convention on Biological Diversity; Convention to Combat Desertification in those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa;

Agreement on the Conservation of African-Eurasian Migratory Waterbirds;

Rotterdam Convention on the Prior Informed Consent Procedures for Certain Hazardous Chemicals and Pesticides in International Trade;

Protocol on Wildlife Conservation and Law Enforcement in the Southern African Development Community;

Cartagena Protocol on Biosafety to the Convention on Biological Diversity;

Stockholm Convention on Persistent Organic Pollutants;

Basel Convention on the Transboundary Movements of Hazardous Wastes and their Disposal.

Paris Agreement on Climate Change.