• whether existing environmental legislation complies with the Constitution
• how existing environmental legislation can be consolidated and streamlined
• key legislative needs requiring immediate attention.
• To use the results of this audit to develop relevant and effective environmental legislation, norms and standards.

Reviewing and updating policies, plans and programmes

• To conduct regular reviews of the relevance and appropriateness of all government policies, strategies, plans, programmes, legislation, norms and standards with an impact on the environment in order to update them in line with progress in environmental management.

Reallocation of resources

• To effect planned and measurable shifts in budgetary and resource allocations in all departments and spheres of government. This must be directed to meet the need for people-driven, sustainable resource management and the redress of past injustices and inequalities.

Capacity building in government

• To allocate adequate government resources in all departments and other organs of state in all spheres to build capacity for effective implementation of government's national policy on environmental management.

Research and development

• To identify priorities, set an agenda, and facilitate relevant research and development.
• To expand government capability to study environmental problems, evaluate trends and identify and analyse existing and emerging environmental issues by providing adequate financial and human resources.

Goal 2 Sustainable Resource Use and Impact Management

Supporting objectives

Sustainable resource use

• the interests and needs of present and future generations
• all environmental impacts related to resource exploitation
• the potential for developing alternative sources and technologies with lesser environmental impacts before the resource is exhausted.

• the interests and needs of present and future generations
• all environmental impacts related to resource exploitation
• the carrying capacity of the environment and concerns for the maintenance of biodiversity
• the potential for developing alternative sources and technologies with lesser environmental impacts.
• To ensure the integration of environmental considerations into macro economic and resource planning.

Alienation of natural and cultural resources and land

• that investment policies and programmes do not result in the transfer of ownership of all the nation's natural and cultural resources and land
• equitable access to these resources and land

Improving environmental performance

• To encourage wider involvement by industry and other stakeholders in agreements and partnerships with the aim of improving environmental performance and developing and adopting best practice standards that exceed minimum requirements.

Subsidies

• To review direct and indirect subsidies and eliminate those that conflict with the principles of this policy.

Conservation of biodiversity

• conserving the diversity of landscapes, ecosystems, habitats, biological communities, populations, species and genes throughout South Africa
• using biological resources sustainably and minimising adverse impacts on biological diversity
• ensuring that benefits derived from the use and development of South Africa's genetic resources serve national interests
• expanding the human capacity to conserve biodiversity, to manage its use, and to address factors threatening it
• creating and implementing conditions and incentives that support the conservation and sustainable use of biodiversity
• promoting the conservation and sustainable use of biodiversity at the international level.

Coastal zone management

• To ensure that the management, development and use of the coastal zone is integrated and environmentally sustainable.

Water resource management

• To ensure that the quantity, quality and reliability of water required to maintain ecological functions is reserved, so that the human use of water does not individually or cumulatively compromise the long term sustainability of aquatic and associated ecosystems.

Sustainable agriculture and forestry

• To ensure the sustainable use of natural resources in the agricultural economy and sustainable forest development.
• To promote and encourage sustainable low input farming systems.
• To regulate the use of toxic and hazardous chemicals in agriculture to protect human health and the environment.

Sustainable fisheries resource management

• To ensure that the exploitation of fisheries resources is sustainable and not damaging to the environment, and that previously disadvantaged communities benefit from the sustainable utilisation of fisheries resources.

  Pricing natural resources

• To investigate the potential and limitations of reflecting environmental costs in the price of goods and services and introduce any appropriate measures that are identified.

• To investigate systems of cost-benefit analysis and risk assessment for assessing economic, social and environmental costs to improve decision making on environmental and developmental issues.
• To ensure that life support resources are affordable for poor people, pricing structures for such resources must be equitable.

Integrated pollution control and waste management

• To prevent, reduce and control pollution of any part of the environment due to all forms of human activity, and in particular from radioactive, toxic and other hazardous substances.
• To set targets to minimise waste generation and pollution at source and promote a hierarchy of waste management practices, namely reduction of waste at source, reuse, recycling and safe disposal as the last resort.
• To regulate and monitor waste production, enforce waste control measures, and coordinate administration of integrated pollution control and waste management through a single government department.
• To set up information systems on chemical hazards and toxic releases and ensure the introduction of a system to track the transport of hazardous materials.
• To ensure the protection and proactive management of human health problems related to the environment in all forms of economic activity.
• To promote cleaner production.

Energy resources

• To promote energy efficiency.
• To promote the use of renewable energy resources.

Transport

• To ensure the inclusion of environmental considerations in integrating transport planning into the spatial planning framework.
• To support the introduction of integrated environmental management in developing an environmentally sustainable transport system.

Population and environment

• To ensure environmental sustainability through comprehensive population strategies which address population, production and consumption patterns independently, as well as in their interactions.

Cultural resource management

• To ensure that the needs and values of affected communities are considered when assessing the impacts of developments and activities on cultural landscapes and sites.
• To ensure that the development and use of cultural resources in the environment is sustainable and addressed as an integral part of environmental management.

Tourism and local participation

• To ensure that tourism is sustainable and not damaging to the environment.
• To ensure that local communities, particularly previously disadvantaged communities, benefit through active participation in tourism associated with protected areas and sites.

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

• To incorporate integrated environmental management (IEM) principles and methodologies inspatial development planning and in plans for the use of natural and cultural resources.
• To develop management instruments and mechanisms for the integration of environmental concerns in development planning and land allocation.
• To develop standards for environmental management systems, environmental impact assessments, monitoring and audit procedures and reporting for all activities including government activities that impact on the environment.
• To develop agreed, appropriate indicators to measure performance in all areas of national, provincial and local environmental policies.
• To develop transparent review processes for all aspects of environmental management.

Environmental development and rehabilitation fund

• assist in developing sustainable environmental management practices for emergent and subsistence enterprises
• support job creation and worker retraining in restructuring processes resulting from national environmental policy
• assist with the rehabilitation of degraded environments.

Coordination and integration

• integrate environmental considerations in all activities
• ensure effective integrated and holistic environmental management

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

• To establish multi-sectoral advisory structures in all spheres of government to enable all interested and affected parties to participate in environmental governance.
• To develop public participation mechanisms and processes that are fair, transparent and effective, and will promote the participation of marginalised sectors of society.
• To allocate government resources (financial and human) to build institutional capacity in national, provincial and local government spheres for effective management of participation in environmental governance.

Communication and participation

• To ensure that communication strategies in all spheres of government address public participation needs.

Strategic alliances

• To encourage alliances between government and interested and affected parties in implementing this policy to ensure environmental sustainability in achieving sustainable development.

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

• To integrate environmental education in all programmes, levels, curricula and disciplines of formal and non-formal education and in the National Qualification Framework.
• To integrate environmental education into all training and unemployment relief programmes.
• To enhance environmental literacy through the use of all forms of media.
• To ensure that environmental education programmes and projects foster a clear understanding of the inter-relationship between economic, social, cultural, environmental and political issues in local, national and global spheres.

Empowerment of citizens through capacity building

• To promote capacity building programmes and projects that assist people, particularly those from disadvantaged sectors of society, in developing social and organisational skills to employ local and other knowledge in assessing and addressing their environmental concerns.
• To assist small, medium and micro enterprises in developing appropriate environmental management procedures.

Marginalised and special interest groups

• To encourage and support the involvement of special interest groups such as women, workers, the unemployed, the disabled, traditional healers, the elderly and others in the design, planning and implementation of environmental education and capacity building programmes and projects.

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

• To conduct an information audit with the aim of developing an effective information management system directed at meeting user needs.
• To establish effective and efficient information systems, including the development of appropriate environmental indicators, to ensure informed decision making, measure progress in policy implementation and enable public participation in environmental governance.
• To strengthen and optimise the capacity of government to collect, analyse and use relevant information and knowledge for environmental management from all sources including formal, non-formal and traditional sources.
• To disseminate information through formal and informal channels including mass media in an accessible format.

State of the environment report

• To provide accurate, timely and accessible information about the condition and prospects of the South African environment
• To increase public understanding of these issues
• To report on the effectiveness of policies and programmes designed to respond to environmental change, including progress towards achieving environmental standards and targets.

Goal 7 International Cooperation

Develop mechanisms to deal effectively and in the national interest with international issues affecting the environment.

Supporting Objectives

International agreements

• To ensure South Africa acts in accordance with national environmental policy in dealing with international treaties and agreements and that environmental considerations are included in all international negotiations.
• To ensure adequate opportunity for consultation with all relevant interested and affected parties before negotiating, entering and implementing international agreements.
• To meet all requirements arising from international environmental agreements and obligations.

International cooperation

• To cooperate internationally on shared environmental concerns, giving priority to the Southern African region.

Maintaining environmental integrity

• To ensure that foreign investment does not compromise the environmental integrity of South Africa, people's environmental rights, the principles and obligations established in this policy and national environmental norms and standards set in terms of this policy.

Transboundary impacts

• To adopt appropriate measures to prevent transboundary environmental harm, incorporating the prevention of transboundary movement of hazardous and toxic waste.
• To ensure that international trade does not lead to wasteful use of natural resources or interfere with their conservation or sustainable use.

Ozone depletion and climate change

• To take appropriate measures to prevent the depletion of stratospheric ozone and contribute to the stabilisation of greenhouse gases in the atmosphere.

5. GOVERNANCE

This chapter describes the constitutional setting for environmental policy and sets out:

• the essential requirements for effective environmental governance
• the powers and responsibilities of the lead agent
• the coordination of functions
• an integrated and comprehensive regulatory system
• regulatory mechanisms
• programmes for delivery

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.

Bill of Rights

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:

• when Parliament intervenes by passing legislation on a matter falling within a functional area listed in Schedule 5 in order to, amongst other things, maintain essential national standards
• where national and provincial legislation conflict over a matter falling within a functional area listed in Schedule 4, national legislation that applies evenly to the country as a whole prevails over provincial legislation in a wide range of circumstances, many of which would apply to environment-related legislation
• where a by-law conflicts with national or provincial legislation it is invalid
• and probably most importantly, section 125(b) provides that provincial Executive Councils should implement all national legislation within the functional areas listed in Schedules 4 and 5 except where the Constitution or an Act of Parliament provides otherwise.

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:

• developing and implementing an integrated and holistic environmental management system
• coordinating and supervising environmental functions in all spheres of government
• developing and enforcing an integrated and comprehensive regulatory system
• enforcing compliance with this policy
• The role of the lead agent and nature of the regulatory system are dealt with below.

Lead Agent

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

• Develop and implement a National Environmental Strategy and Action Plan (NES&AP). The NES&AP is dealt with in the chapter on strategic goals and objectives.
• Enact legislation establishing national norms and minimum standards. Norms and standards governing water quality, water quantity control and water resource protection will be developed by the Department of Water Affairs and Forestry in concurrence with the Department of Environmental Affairs and Tourism. This will ensure that there is no conflict with environmental norms and standards and that the goal of integrated environmental management of all environmental resources and media is achieved.
• Develop guidelines that apply between departments and across all spheres of government.
• Review and develop policies, strategies, plans, programmes, legislation, norms and standards for effective environmental management.

Coordination

• Ensure the integration and coordination of environmental management functions within and between government departments and other organs of state in all spheres.
• Negotiate and enter into international agreements, ensuring their coordinated implementation and meeting reporting requirements.
• Establish mechanisms and procedures for the resolution of intergovernmental disputes.

Enforcement

• Regulate and enforce environmental matters that are not dealt with by provincial environmental departments and local government.
• Determine the mode of, and mechanisms for interventions that will be made where provincial environment departments or local government cannot or do not fulfill their environmental functions.
• Consult and coordinate with other national departments on the enforcement of environmental functions that directly affect their core business or line functions, to ensure compliance with environmental norms and standards and achieve integrated environmental management of all environmental resources and media.

Information and reporting

• Develop information management systems to collect and process information, disseminate it and make it accessible to interested and affected parties.
• Report regularly and transparently on the state of the environment.
• Take the lead in setting up mechanisms and processes for information exchange and consultation between all government agencies with environmental functions.

Participation and appeals

• Establish mechanisms and processes that facilitate public participation in environmental governance.
• Set up procedures for appealing against environmental management decisions made by administrative agencies.

Monitoring and review

• Monitor and review the environmental performance and activities of other national departments to determine whether they are complying with government's national policy on environmental management, legislation, norms and standards.
• Supervise and review the environmental performance of provincial and local government institutions.
• Ensure that provincial and local government set up mechanisms for effectively monitoring all environmental management activities.

Capacity

• Assist provincial and local government environment departments to develop environmental management capacity.

Powers of the lead agent

• In order to fulfil its responsibilities as lead agent, the Department of Environmental Affairs and Tourism will have statutory powers to:
• enforce compliance by the public with national policy on environmental management, legislation, norms and standards
• bind all spheres of government and organs of state to comply with and give effect to national environmental legislation, norms, standards and guidelines in performing their environmental functions
• enforce compliance with national policy on environmental management and legislation, norms and standards by all spheres of government and organs of state
• review the environmental impacts of all government policies, strategies, plans, programmes and actions and ensure that they conform with national policy on environmental management, legislation, norms and standards
• enact legislation giving the national Department of Environmental Affairs and Tourism the power of coercive action to protect the environment in cases of conflict between national and provincial law as provided for in section 146 of the Constitution
• enact legislation to give the national Department of Environmental Affairs and Tourism standing to enforce national norms and standards in terms of all legislation that has an effect on the environment
• arbitrate irreconcilable conflicts of interest between national departments that may have a detrimental impact on the environment
• intervene in instances where provincial or local governments fail to fulfil an executive obligation in respect of an environmental function as provided for in section 100 of the Constitution.

Examples of instances that require intervention include where:

• a provincial nature conservation department fails to meet its obligations under provincial legislation in managing provincial nature reserves
• a provincial nature conservation department fails to meet its obligation in terms of section 16 of the Environment Conservation Act (73 of 1989) to participate in the management of a protected natural environment
• a provincial executive fails to meet executive obligations contained in national legislation

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.

• To achieve sustainable development and improve environmental governance, government must ensure that:
• its officials are diligent, accountable and committed to the principles set out in this policy
• it employs sufficient personnel with the necessary skills to carry out its functions effectively
• it uses financial resources efficiently in giving effect to this policy.

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 development of policies, strategies and legislation
• compliance with national environmental norms and minimum standards
• enforcement of environmental legislation, regulations and guidelines
• all environmental matters of common interest

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:

• coordinate their actions and integrate environmental concerns into all government policies, plans, programmes and activities with an environmental impact
• work together to integrate and coordinate legislation
• make every reasonable effort to settle intergovernmental disputes by using established mechanisms and procedures before resorting to mediation and court action
• adhere to agreed processes and procedures
• negotiate cooperative agreements, through relevant integrating structures such as MINMEC, on the implementation of government's national policy on environmental management
• consult each other before issuing and withdrawing authorisations, permits and exemptions, or proceeding with prosecutions

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:

• developing and implementing environmental policy
• developing legislation
• setting norms and standards
• monitoring environmental impacts.
• Government will enact legislation to ensure that:
• people have legal standing to take action to protect their environmental rights
• every person and organisation acts with due care, according to their capacity, to avoid environmental damage.

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:

• immediate neighbours
• Southern African Development Community region
• African continent
• developing countries
• other countries

Coordination of Functions

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:

• effectiveness in ensuring environmentally sustainable development
• effectiveness in achieving integrated and coordinated environmental management
• the need to resolve conflicts of interest
• the ability to secure participation by interested and affected parties in environmental governance
• giving effect to the people's environmental rights and constitutional requirements for national supervision, concurrent competencies and cooperative governance
• existing environmental management capacity in government institutions and the potential for developing this capacity in the future.

These criteria will direct government in determining whether the most effective means of achieving integrated environmental management and ensuring environmentally sustainable development will be:

• the concentration of environmental management functions within the national Department of Environmental Affairs and Tourism
• or the extension of environmental management functions to other departments and organs of state in all spheres of government through inter-governmental agreements and accords.

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

• These measures usually take the form of laws, regulations and directives prescribing behaviour. Direct measures can be proactive, designed to prevent or preempt environmental impacts, or reactive, designed to deal with impacts that have already occurred. Pro-active regulatory measures include:
• a register of hazardous substances and processes
• permitting conditions
• environmental charges and incentives
• integrated planning regulations
• Re-active regulatory measures include:
• compensatory payments
• responsibility for remediation and clean up costs
• administrative controls
• rehabilitation and mitigation programmes
• criminal prosecution of transgressors and their judicial punishment, including:
• fines
• imprisonment
• alternative sanctions
• conflict resolution
• appeals
• liability

Some measure can be either proactive or reactive depending on their use. Examples include:

• monitoring to record emissions or discharges at source or to establish ambient levels in air or water
• negotiation and mediation
• Environmental Management Programmes (EMP)
• Effective direct measures require:
• a regulator with the capacity to set and maintain norms and standards
• an efficient enforcement system to ensure adherence to norms and standards

Indirect measures

These measures encourage people to change their behaviour in return for the benefits derived from sustainable development.

Proactive indirect measures could include:

• education and capacity building programmes to encourage active engagement in environmental management
• market based instruments aimed at including externalities in market prices
• covenants and agreements to improve environmental management standards and achieve cleaner production
• consultation
• eco-labelling

Reactive indirect measures could include:

• compliance auditing to ensure that a proponent complies with conditions of a permit or minimum standards
• management auditing to verify records, reports and other documentation
• performance auditing to measure environmental management performance against objectives.
• Some indirect measures can be both proactive and reactive, for example:
• a toxic release inventory

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.

• Supportive measures that facilitate informed decision making include:
• Strategic environmental assessments (SEA)
• environmental impact assessments (EIA)
• cost benefit analyses
• risk assessment
• integrated environmental planning
• integrated resource planning
• exchange of environmental information
• Supportive measures that facilitate impact management include:
• institutional capacity building for effective environmental management
• support for development of cleaner technology
• support for development of renewable energy resources
• support for sustainable resource management
• environmental management systems (EMS)

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:

• effectiveness in ensuring environmental sustainability
• the ability to secure participation by interested and affected parties in environmental governance
• giving effect to the constitutional rights and requirements for national supervision, concurrent competencies and cooperative governance
• existing capacity and the potential for developing capacity in the future.

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.

Regulatory Mechanisms

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:

• the required degree of regulatory integration between national government departments and other spheres of government
• the statutory integration of functions where necessary
• national norms and minimum standards.

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:

• effectiveness in ensuring environmental sustainability
• the ability to secure participation by interested and affected parties in environmental governance
• giving effect to the constitutional rights and requirements for national supervision, concurrent competencies and cooperative governance
• existing capacity and the potential for developing capacity in the future

The lead agent will undertake the necessary coordination between affected government agencies to provide accessible, uniform one-stop permitting and the review of environmental impact assessments and audits.

Integrated environmental management and planning

Integrated Environmental Management (IEM) will be a prerequisite for government approval of all activities with potentially adverse environmental impacts. The lead agent will set the norms and standards for IEM, applying the principles in this policy. The purpose of making IEM compulsory is to give decision makers at all levels adequate information on possible adverse environmental effects of the activity. This will enable them to make decisions on possible alternatives to mitigate impacts or to adopt the 'no go' option. The IEM process must provide for the participation of interested and affected parties in the planning, assessment and implementation of activities.

Tools and instruments that may be used in securing integrated environmental management and planning include:

• Environmental Impact Assessment (EIA)
• Risk Assessment.
• Market Based Instruments (MBIs)
• Environmental Management Systems (EMSs)
• Environmental Management Programmes (EMPs)

Economic policies and strategies and spatial development plans impact on the environment and must be dealt with in the context of IEM. In order to ensure sustainable development, environmental issues have to be integrated into all development processes at all levels of decision making. Mechanisms and instruments to integrate environmental concerns include:

• Strategic Environmental Assessment of policies, plans and programmes (SEAs)
• Strategic Environmental Plans (SEPs)

Enforcement

In enforcing regulations, the role of government is to:

• promote, protect and enhance the environment in accordance with the Constitution
• protect common rights and interests
• regulate impacts of human activities on the environment fairly and consistently
• facilitate the management of conflict by providing for due process, conflict resolution and the right of appeal
• enforce regulations and legislation through prosecutions, fines, litigation and any other necessary measures
• carry out its functions in accordance with national policy on environmental management
• Government will develop uniform and consistent administrative control procedures. They must provide for good administration and rapid results and should include:
• permitting conditions
• powers of investigation
• abatement notice procedures
• suspension or cancellation of authorisation
• detention or seizure of articles

To ensure effective enforcement, government must:

• follow a cooperative national approach to intergovernmental enforcement of environmental legislation, and in doing so reduce the potential for conflicts and competition
• better define the roles of respective levels of government in enforcing environmental legislation
• provide for greater integration and coordination of environmental functions at both central and provincial levels

Punishment of environmental transgressions

To secure sustainable development and protect the well-being of citizens, punishment of environmental crimes will reflect the gravity and extent of the degradation and abuse of the environment. Government will investigate methods of determining fines and prison sentences linked to the cost of living and to the cost of the offence to the environment. Government will also explore the feasibility and desirability of alternative sanctions, for example, community service, seizure of assets used to cause environmental harm, penalties based on the value of benefits accruing to the accused as a result of the transgression, withdrawal of permits and/or licenses.

Reviews and appeals

The lead agent will investigate options to provide for the review of, and appeal against, decisions concerning:

• policy development processes
• development plans, programmes and projects
• environmental management and impact management activities
• permitting and enforcement.

Government will establish appropriate and accessible procedures, mechanisms and processes to manage conflicts. They will be integrated into environmental management processes in all spheres of government and will make provision for interested and affected parties and expert input. An appeal mechanism will provide for referral of conflicts that cannot be resolved in a particular sphere to the higher sphere. There will be provision to refer conflicts that cannot be resolved in the national sphere to an independent body.

Information management

Until the new legislation envisaged under Section 32 (2) of the Constitution is developed, Section 23 (2) (a) of Schedule 6 governs the right of access to information. This states:

Every person has the right of access to all information held by the state or any of its organs in any sphere of government in so far as that information is required for the exercise or protection of any of their rights.

Once the new legislation is developed it will govern the right of access to information.

Information on the state of the environment and activities with an adverse or damaging effect on it is essential for effective environmental management, protection and coordination. This information is necessary for developing and implementing environmental standards and legislation. The availability and accessibility of such information allows for prevention and mitigation. It also facilitates compliance monitoring and successful participation by interested and affected parties. Information may influence consumer behaviour and raise public and business awareness, encouraging compliance and the prioritisation of environmental issues.

Ways to promote the accessibility of information include the following:

• environmental audits and reviews
• eco-labelling
• eco-accounting
• institutional and community monitoring
• public education, awareness and debate
• industry education and awareness
• reporting and publication of information
• information exchange
• consultation
• notification of emergency situations.

Achieving effective environmental management and improving decision making requires good information. Government will commit itself to collecting, analysing and disseminating information.

Information is transmitted in a variety of forms including written, electronic and oral. Information collection strategies should aim to harvest information from a variety of sources including:

• scientific
• traditional
• local
• non-formal.

The format and process for disseminating information must be accessible to the particular user group concerned. In this respect attention must be given to both the content and the form or media used for transmitting information.

To meet user information needs the national Department of Environmental Affairs and Tourism will establish an information clearing house. It will also develop information management products to support decision making that will promote sustainable development.

Research and development

Policy development and decision making for environmental management need to be supported by research. This should be directed to the development of appropriate technologies and methodologies to ensure sustainable resource use, manage impacts and achieve cleaner production. Research and development must make use of all sources of information, forms of knowledge and research methodologies, including participatory research.

Government will support both applied and basic research in searching for solutions to identify and prioritise issues confronting policy development and environmental management. It will give particular attention to addressing environmental justice concerns, environmental sustainability and administrative efficiency.

Areas needing research include:

• state of the environment
• cleaner production
• best practice
• monitoring environmental quality
• determining carrying capacity and sustainability indicators
• risk assessment
• sustainable resource use.

Partnerships and participation

The effectiveness of governance structures is influenced by the capacity of civil society to work with government. In keeping with international trends and Agenda 21, the government will affirm, strengthen and establish partnerships with interested and affected parties including:

• non governmental organisations (NGOs), and/or NGO associations
• affected communities and community based organisations (CBOs)
• organised labour
• business and industry, and/or industrial associations with special attention to the needs of small, medium and micro enterprises
• other departments and levels of government
• other interest groups.

Government must therefore establish national, provincial and local advisory structures, mechanisms and processes to foster public participation in defining environmental problems and seeking solutions. These structures will:

• provide for good governance
• ensure that there are platforms for interested and affected parties to contribute to the development of policy, legislation, standards and decision making processes by expressing their views and voicing their concerns
• advise and inform government
• seek to achieve co-ownership for policy development.

The mechanisms and processes must ensure:

• timely communication of data and information
• effective and efficient participation
• fair notice and practice
• balanced representation of interested and affected parties
• transparency.

Agreements

Government may enter into transparent agreements to promote performance that exceeds minimum standards by encouraging innovation and the development of best practice. The scope of activities covered, the aims of the agreement and the time frame for achieving those aims will be clearly specified.

Agreements can only be considered where:

• compliance with the national policy on environmental management, legislation, norms and standards has been clearly demonstrated for a reasonable period of time
• effective and transparent monitoring and audit systems and structures are in place
• interested and affected parties support the agreement

Agreements will be entered into in accordance with the principles of open information and participation.

Programmes to Deliver Functions

The National Department of Environmental Affairs and Tourism must identify and implement programmes for the delivery of all functions needed to develop and implement environmental management. Programmes give government the space to identify specific initiatives that will focus delivery and improve practice within set time frames. Programmes must address the following priority areas:

• environmental issues that address people's basic needs and affect the quality of their lives on a daily basis, such as infrastructure, service and job creation programmes (They include recycling, domestic waste, low input sustainable agriculture in rural and urban areas, energy efficient low cost housing and Agenda 21 initiatives)
• development and implementation of reporting and review mechanisms
• development of norms, standards, guidelines, best practice and instruments
• development and implementation of procedures and mechanisms to ensure the integration of environmental concerns into other departments' development planning processes
• building capacity in all spheres of government and all government agencies with environmental responsibilities
• greater and improved information dissemination and management
• development of commitment and capacity for environmental management in all organisations and areas of activity that impact on the environment with particular attention to the needs of small, medium and micro enterprises and disadvantaged communities
• enhancing the involvement of marginalised groups in environmental management
• development and implementation of subsidiary environmental policies within the framework of this policy
• audit, review and, where necessary, reform of environmental legislation
• develop indicators for state of the environment reporting and to measure success or failure in achieving policy goals
• process of organisational reform and internal transformation of the Department of Environmental Affairs and Tourism
• reconstruction, growth and development programmes that are environmentally sustainable and ensure sustainable resource use
• community access to environmental information
• community monitoring of local health and environmental impacts of pollution and other activities that impact on the sustainable development of communities
• developing and implementing a policy framework for participation in environmental governance.

Major areas of concern

CONNEPP has identified a wide range of environmental concerns amongst people from all sections of our society. South Africa faces enormous challenges in addressing these concerns. In addition to addressing the many problems created by previous generations, we must meet the future needs of all the people in the country in an economically and environmentally sustainable way.

The historical legacy
South Africa's economy and society have been shaped by centuries of colonial rule that led to the apartheid system. This has had an enormous negative impact on the interaction between people and the environment, particularly for those denied citizenship rights and, in many cases, forced to live in degraded environments. The authoritarian nature of past governments shaped the environmental policies they pursued.

The purpose of this appendix

At present there is no comprehensive and systematically analysed information available on the state of the environment to use in developing policy and identifying priorities. The overview that follows identifies important issues that government and environmental managers must take into account when deciding on priorities, strategies and interventions. As better information becomes available it will be necessary to review and update environmental policy and goals.

The information base

Socio-economic information on South Africa varies from one source to another. Reasons include the problems of producing consolidated national statistics from fragmented apartheid records. The coverage of different topics also varies. For example there is considerable information available on soil types and vegetation, but relatively little information on levels of pollution in the air, water and soil. The quality of information and the norms used to analyse information vary between sources and information is often difficult to verify.

Despite variations, the sources consulted support the broad picture presented in this section. The main sources used are the Central Statistical Services, The Department of Finances's 1997 Budget, and policy documents produced by various government departments.

Social Issues

Population

All people impact on their environment. The nature and extent of impacts depends on factors such as the type of economic activity, distribution of wealth and resources, cultural values, and lifestyles. Because of this, the size, distribution and level of development of South Africa's population has important implications for patterns of resource use and impacts on human health and the environment.

Size and growth

South Africa's total population is around 43 million. It is a relatively young population, with 37% under 15 years old. This age profile will contribute to future increase in population size. However, the average population growth rate, presently standing at 2,17%, is declining. At the current growth rate the population will double over the next 32 years. United Nations projections put the total population at 46 million in 2000 and over 56 million in 2010.

Urbanisation

Large urban areas consume vast quantities of natural resources which may be transported from hundreds or even thousands of kilometres away. They also produce vast quantities of waste. People living in these urban areas often have little contact with the natural environment and may have little knowledge of, or concern for, their impact on it. At present around 52% of South Africa's total population live in metropolitan and urban areas. By 2010 over 60% of the population will live in these areas. Reasons for urbanisation include exclusion from farming land and overcrowding in under-serviced and degraded rural environments with few job opportunities.

Recently the pace of urbanisation has slowed. This is ascribed to lack of jobs, high levels of crime and violence and the huge backlog of housing and other services in urban areas.

Health and mortality

Life expectancy and infant mortality are important indicators of the level of development in a country and the quality of life, including environmental quality, that people enjoy. There are significant differences in life expectancy and disease profiles for different population sub groups. Overall life expectancy was 64 years in 1994. On average Whites live nine years longer than Africans. Women average six years more than men, while overall life expectancy is lower in the less developed provinces.

Infant mortality is highest for Africans at around 42 per thousand live births and lowest for Whites at around eight per thousand. AIDS is expected to become a major cause of premature adult death in the future.

Policy focus areas

Concerns include:

• the growth rate of the population and of the labour force, relative to the growth of the economy, the backlog in meeting social needs, the level of unemployment and the aspirations of the people
• limited use of population data in formulating, implementing, monitoring and evaluating development plans and programmes for the entire population
• the pressure of population, production and consumption patterns on the environment.
• the question of equitable access to land and other resources.

Education

Education is a key element in determining economic performance and equitable income distribution in the long term. Overall education levels are low with high levels of inequality between population sub groups. Even where years of formal schooling are high, as with the white group, education standards are not always good.

Literacy

A survey of national literacy by Harvard University and the University of Cape Town in 1995 found that 80% of Africans and 40% of whites lacked basic literacy and numeracy skills according to a standard test.

Policy focus areas

Capacity building and retraining programmes, and educational programmes to increase environmental awareness and public involvement will have to take account of the low overall education levels if they are to reach the disadvantaged.

Economic Issues

In this section we give a brief picture of the economic sectors, their role in the economy and some of their main environmental impacts. Further details on environmental management in the economy are contained in the section on Present status of environmental management.

Real Gross National Product (GNP) per capita, which measures the income of South Africans produced locally and abroad per head of population, grew by about 1.5% in 1996. Added to increases in '94 and '95 this makes a total increase of around 4.5% since 1993. However this growth has not yet offset the decline in the early 1990s and GNP per capita is still lower than it was in 1989.

Employment and unemployment

In the year to September 1996, employment in mining, construction and manufacturing fell by about 1,5 % to 5,24 million. Public sector employment grew by about 47 000. The Central Statistical Services 1995 October Household Survey indicates total employment of around 10,15 million. This includes employment in agriculture, the informal sector and private services. Unemployment is estimated at 29% of the economically active population.

Policy focus areas
The high level of unemployment and the need to maintain the upward trend of GNP to keep pace with population growth are major factors in determining the present priorities for economic policy set out in the Growth and Development Strategy (GDS) and in the Growth, Employment and Redistribution Strategy (GEAR). At present economic policy gives little consideration to the need to integrate and address environmental considerations in pursuing sustainable development.

Economic Sectors

The South African economy was built on mining and agriculture, both activities that can have major environmental impacts. These sectors remain important although the processing, manufacturing and service sectors have overtaken them in size. These latter sectors can also have major environmental impacts.

Mining
Mining and minerals beneficiation accounted for 11% of GDP and over 50% of foreign exchange earnings in 1995. Employment in the mining sector peaked in the 1980s and then declined to slightly over 600 000 in 1994. The sector's contribution to government income in the form of taxation has declined considerably.

Mining has a number of environmental impacts ranging from contamination of soil, air and water to impacts on the cultural and visual environment. Worker health and safety is an important environmental concern for this industry.

Agriculture, forestry and fishing
Employment in the sector has been declining since the 1970s. In 1997 it stood at about 800 000. The distribution of agricultural land is a major political issue currently being addressed by the Department of Land Affairs.

While commercial agriculture meets needs for food and raw materials, unsustainable practices by some farmers have led to erosion, loss of soil fertility, crusting, compaction, salinisation, acidification, and erosion, as well as the pollution of surface water supplies.

Agriculture and forestry have contributed to loss of biodiversity and cultural resources, and the displacement of rural populations. Urban expansion is estimated to encroach on agricultural land at the rate of 30 000 hectares a year. The working and living environment of farm workers and their health and safety are important environmental issues. Commercial forestry plantations of exotic species reduce the habitat for indigenous species and can have negative effects on run-off and water tables

Commercial and sport fisheries have depleted stocks of some marine species. There is ongoing controversy about the distribution of fishing quotas.

Industry
Industry has a key role to play in reconstruction and development. It has become more sophisticated, with advanced technological capabilities in some areas and has increased its contribution to GDP and employment creation. However, as the table above indicates, employment in the sector has declined in the last decade. Minerals beneficiation and chemical processing, both activities with major environmental impacts, dominate South African industry. GEAR states that trade and industrial policies will seek to enhance the competitiveness and employment absorption of manufacturing.

Energy
Most of South Africa's energy is supplied in the form of electricity generated by coal burning power stations. Oil supplies 10% of energy requirements, biomass 10%, nuclear power 1% and hydroelectricity less than 1%.

At the end of 1995 about 50% of households had access to electricity, but it accounted for only 17% of total household energy use. Most household energy comes from fuel wood, coal and paraffin. Use of fuel wood, coal and paraffin leads to health problems and deforestation. Energy policy has identified the need to look at appropriate fuels and appliances to meet the energy needs of low income households.

Low coal and electricity prices have contributed to the development of a large, energy intensive primary industrial sector. According to the Council for Scientific and Industrial Research, energy intensity has increased by 15% since 1970. On the other hand, lack of access to electricity in many urban and rural areas has limited the development of small, medium and micro enterprises (SMMEs). Government policy identifies cheap energy as a source of competitive advantage for South African industry. Little has been done to promote energy efficiency in industry and households.

Tourism
Government has identified tourism as an activity with major potential for job creation and economic growth. South Africa's competitive advantage in this area stems from its combination of a relatively sophisticated infrastructure with ready access to areas containing a rich diversity of fauna, flora, cultural resources and geographical features.

Realising the potential for tourism development will depend largely on ensuring that development is environmentally sustainable and does not degrade the environment or reduce biodiversity. Poorly managed tourism can have major negative environmental impacts.

Transport & communication
Road transport is a significant source of air pollution. Past development focussed on meeting the needs of private vehicle owners and neglected more environmentally friendly public transport. Present transport and energy policies have identified the need to improve public transport and the energy efficiency of transport.

There is a sophisticated communication infrastructure but its reach is largely limited to historically white areas. Present policy aims to increase the coverage of telephone and telecommunications networks.

Retail
Sophisticated retail outlets with a wide range of goods, many of them imported, serve the relatively small but affluent upper and middle sections of the market. At present, despite some isolated initiatives, the sector has not realised its considerable potential to influence consumers, marketers and suppliers. National policy can assist this process by the use of suitable market based instruments and other regulatory controls.

The large lower end of the market is served by street vendors and small neighbourhood spaza shops. There is considerable potential for local government and NGOs to work with SMMEs and with consumers to improve environmental management and reduce waste.

Source: Growth, Employment and Redistribution Strategy (GEAR), June 1996

Policy focus areas

Economic activity, wealth and poverty all have impacts on the environment and must be considered in developing environmental policy. At present economic activity is not governed by comprehensive environmental performance norms and standards, regulatory controls, management practices, reporting requirements and programmes to promote and improve best practice. Policy must address equity in access to natural resources for all activities including:

• mining
• agriculture
• energy
• fisheries
• manufacturing
• retail
• services.

Natural Resources

This section looks at the state of natural resources in the country, including the environmental media of air, water and land/soil, mineral and energy resources, and the world of living things (plants and animals). In many cases accurate and comprehensive information on the state of natural resources is not readily available. In some cases there is no information, in others the information is not easily accessible or verifiable.

Air

Air is essential for life on earth. Economic activity introduces pollutants into the atmosphere that pose threats to human health and other life forms and have the potential to change the climate with unpredictable, but potentially severe consequences. Because large bodies of air cannot be contained, atmospheric pollution can only be controlled at source.

Policy focus areas
At present there is no comprehensive information on air quality or on the levels of emissions entering the atmosphere from different sources. Major areas of concern are the high levels of smoke and other pollutants in poorer urban and rural households without electricity and the impacts of the mining, energy, mineral and petro-chemical industries on air quality standards.

Water

South Africa is a relatively arid country with average annual rainfall of around 500mm ­ 60% of the global average. Rainfall is highest between the eastern seaboard and the Drakensberg Mountains, declining the further West one moves. In many areas there is a poor match between water supply and demand.

The Department of Water Affairs estimates South Africa is using about two thirds of annual average rainfall. Irrigation (52,2%) is the largest user. Water demand is increasing rapidly for domestic and industrial uses. Inadequate sanitation is a particular concern because of its impact on water quality and health. At present an estimated 21 million South Africans do not have adequate sanitation. Because water is a scarce resource, effluent must be purified and returned to the rivers. Owing to inadequate treatment and illegal discharges, water quality is deteriorating in many areas. Water quantity and quality issues are interrelated. There is concern that too little water is allocated to sustain the natural environment.

Policy focus areas
Present water policy emphasises the environment's role as the source of water rather than a user competing for the resource, and the need to identify a reserve of water to meet environmental and domestic consumption needs. Water quality management now embodies the principles of pollution prevention, a precautionary approach and receiving water quality standards to meet user needs.

Land/soil

Land is the source of most of our food and raw materials and also provides us with living space. It is also the final resting place of 90% of the waste we produce. As population and economic activity increase there is growing competition for the limited land available. South Africa has limited high potential agricultural land, most of it already cultivated. Future increases in production must come from greater output on existing land rather than bringing new areas under cultivation. In many parts of the country soil is being eroded faster than it can be replaced, undermining long term fertility.

Policy focus areas
At present environmental concerns are not integrated into spatial planning practices, raising concerns about the appropriate use of land. Concerns include the loss of the limited amount of high potential agricultural land to urbanisation and industrialisation and threats to biodiversity conservation posed by residential and economic development. Sustainable use of agricultural land also requires attention.

Protected areas

Terrestrial reserves
There are 422 formally protected areas in South Africa, covering 6% of the land. These areas fall into 21 different categories administered by a wide range of bodies including national and provincial parks boards, government departments, local authorities and private and public landowners subscribing to various conservation schemes.

All seven major habitat types are represented in protected areas but the lowland fynbos, succulent Karoo, Nama Karoo, highveld grassland and thicket biomes are not adequately protected.

Marine reserves
Marine protected areas along South Africa's coastline cover most marine ecosystems. However, the reserves were mainly established to secure fish stocks rather than to conserve biodiversity.

Specific characteristics of marine environments, including invisibility and continuity with global oceans complicate management. In addition they are affected by many of the same sources of pollution as the land environment. These include domestic sewage and industrial waste, infrastructural development and mining, over-exploitation of resources and the accidental and deliberate introduction of alien species through activities such as mariculture.

Policy focus areas
Many protected areas are isolated due to the lack of a holistic and integrated conservation strategy.

Cultural Resources

South Africa's cultural resources span a period of about two million years and include rock art, archaeological and palaeontological sites, sites of conflict, oral histories and traditions, historic buildings, movable and immovable structures and objects, burial sites and marked graves, place names, social and economic processes and domesticated plants and animals.

The National Monuments' Council (NMC) is responsible for the administration of the National Monuments Act (No 28 of 1969) and the protection and conservation of monuments and sites of significance. The NMC is a statutory body funded through the Department of Arts, Culture, Science and Technology. The protection and conservation of cultural resources fall into seven different categories. These are:

• the permanent declaration of objects, sites and properties of historical, cultural, spiritual, aesthetic or scientific significance as national monuments
• the provisional declaration of national monuments
• the designation of any conservation-worthy rural, urban, archaeological and/or natural area as a conservation area
• the listing of structures or sites of cultural, historical or aesthetic interest in the National Register of Conservation worthy Immovable Property
• general protection of a wide range of sites and objects such as meteorites; fossils and palaeontological sites and objects; rock paintings or engravings; archaeological objects and sites; the anthropological or archaeological contents of graves, caves, rock shelters and middens and historical sites and shipwrecks older than 50 years
• the protection and maintenance of war graves
• the protection and control of the export of movable cultural property.

In addition, the Environment Conservation Act, (No 73 of 1989), provides for the integration of cultural resources in environmental management processes.

Nationwide, systematic information on the distribution, quantity, condition and significance of cultural resources is sketchy and often not readily accessible. For example, less than 5% of the coastal zone has been surveyed for archaeological sites, and less than 1% systematically surveyed.

Policy focus areas
Cultural resources are affected directly by development and planning policies, programmes and projects. Development can damage and destroy cultural resources and diminish their value. Mechanisms must be developed to ensure that the impacts of development projects and activities are addressed as an integral part of integrated environmental management and that the use of cultural resources is sustainable.

Present Status of Environmental Management

Government

There is a widespread view that environmental issues in South Africa have had low priority, being narrowly defined as relating mainly to nature conservation. This is reflected by a failure to integrate environmental concerns into economic planning and decision making at all levels in society. Sustainable development and effective integrated environmental planning and management are seriously impeded by:

• fragmented policy and ineffective legislation
• uncoordinated planning
• ineffective enforcement of regulations
• institutionalised conflicts of interest in regulating environmental impacts and promoting resource exploitation
• confusion about the assignment of functions at different levels of government
• limited capacity and resources in government and civil society, and
• limited public participation.

At present Government policies plans and programmes are not subject to strategic environmental assessment (SEA). There are no requirements for government institutions to implement environmental management systems (EMS), monitor impacts, conduct audits or carry out environmental impact assessments.

Capacity building

Little attention has been given to the understanding and awareness of environmental issues amongst the general populace or to their ability to play a role in effective environmental management. Capacity issues that require attention include:

• capacity problems in government
• lack of readily available and understandable public information on the environment
• lack of appropriate information and training for workers in production sectors with environmental impacts
• lack of human, financial and organisational resources to enable civil society, and community based organisations in particular, to participate in environmental management and policy development
• inadequate researching of appropriate research and development.

Participation

In the past many interested and affected parties have been excluded from decision making and information processes relevant to the environment and there has been little if any public participation in environmental governance.

Information

Information is a basic requirement for environmental governance. Where interested and affected parties do not have access to information, effective participation cannot take place. At present much important information is:

• inaccurate
• incomplete
• contradictory
• inaccessible
• technical and scientific.

Economic activity

Apartheid policy often distorted industrial developments for political reasons with serious implications for environmental management and protection. For example, secrecy surrounded strategically important industries such as the petroleum and nuclear industries. The drive for economic self sufficiency in response to sanctions, along with the attempt to implement 'separate development', resulted in subsidies to maintain unsustainable sectors and to promote industrial decentralisation. Maintaining the apartheid system took precedence over threats to human health and negative environmental impacts.

Economic activity plays a vital role in the quest for sustainable development. It creates jobs, generates wealth, earns foreign exchange, pays taxes, provides goods and services, and sustains national prosperity. However, most economic activities also create waste and pollution. As the most organised area of human activity, the economy has the potential to manage its environmental impacts better. It can build on initiatives like the Industrial Environmental Forum, the Responsible Care Programme and others that work to promote awareness, communicate best practice and encourage improved environmental management.

Present practice
The following information is drawn from a study on corporate environmental responsibility in South Africa. The study was based on 107 companies that responded to a questionnaire on environmental management practices sent to 419 companies registered on the Johannesburg Stock Exchange in the mining, minerals, financial and industrial sectors. (M Shotter, Die Sosiale Verantwoordelikheid van Genoteerde Sakeondernemings in die Republiek van Suid-Afrika, MCom, (Accounting) School of Economics and Management Science, University of Pretoria, 1994) The study is based on the premise that in order to meet environmental responsibilities an enterprise must have a management system specific to these goals.

Formal environmental policies
Only 44% of respondents had a formal, written environmental policy. Twenty seven per cent of those with formal policies had consulted workers, 11% clients, 3% shareholders and none the general public in developing their policies. Sixty six percent said they had measurable goals and 55% said that environmental performance played a part in measuring overall performance.

Reporting and auditing
Thirty three percent of respondents reported to workers on potential negative environmental impacts arising from activities undertaken by the enterprise. Five percent reported monthly, 11% between two to six monthly and the rest less frequently. Fifty five percent did not report and 12% were unsure if they reported. Thirty five percent reported to workers on positive environmental impacts with roughly the same percentage of frequencies. Fifty three percent did not report and 12% were unsure whether they reported.

Thirty one per cent conducted annual or bi-annual internal environmental audits and 19% annual or bi-annual external environmental audits.

Environmental impact assessment
Twenty five percent spent less than 1% of establishment costs on environmental impact assessments for new activities and 13% between 2 to 4%. Sixty per cent were unsure what percentage of costs went to environmental impact assessments.

Waste management
Forty three per cent of respondents indicated daily monitoring of emissions, 4% weekly, 14% monthly and 10% yearly. Thirty nine percent did not monitor emissions and 16% were unsure whether they did. Forty three per cent of respondents
 

responsible for toxic and/or radioactive emissions reported no action to monitor them, 13% monitored them daily, 10% hourly and 27% were unsure of the monitoring frequency.

Thirty one percent were unwilling to spend anything on equipment to limit emissions, 16% were prepared to increase expenditure for this purpose and 47% were unsure. Thirty one percent did not recycle any waste, 36% recycled from 1 to 19% of waste, 16% were unsure whether they recycled waste and 8% recycled more than 60% of waste.

Thirty percent spent nothing on rehabilitating disturbed land, 35% were unsure of their expenditure. Ten percent spent less that 0,5% of profits generated by the responsible activity on rehabilitating land and 15% spent more than 1,5% of these profits.

Research
Forty four percent of respondents did research to contain negative environmental impacts, 52% did no research and 4% were unsure if they did research. Of those doing research 30% spent less than 0,01% of turnover, 35% were unsure of expenditure and 16% spent more than 0,05% of turnover on this research.

Policy focus areas
The study indicates wide variations in environmental management practices in the context of a lack of comprehensive and well enforced regulatory controls. In general the mining and mineral sectors performed best in the study. This may be due to the statutory requirements regarding environmental management procedures for mining activities in a well established industry. The financial and industrial sectors, where no statutory requirements apply, did not perform as well. The financial sector had the worst performance.

The study found that enterprises placed more emphasis on social responsibility programmes directed at workers than those directed at the environment. This was ascribed to greater pressure exerted on enterprises on worker issues than on environmental issues.

This information points to the importance of regulation and statutory procedures covering environmental impact assessments, audits pollution control and other areas of environmental management and regulatory controls to ensure that all enterprises address their environmental responsibilities adequately.

Controls and remedies

Minimum standards, compliance monitoring, regulation and enforcement relating to the environmental impacts of industry in South Africa are inadequate and uneven. Provisions for rehabilitating and remediating environmentally degraded sites need to be improved.

Workers in industry, agriculture, mining and transport are the first to feel the impacts of unsafe and unhealthy work environments and procedures. Their work often involves them in activities that harm the environment. At present a lack of job security and information inhibits workers from playing a major role in protecting the environment.

Environmental administration

The complexities and inefficiencies of environmental administration, the lack of clear priorities, targets and goals frustrate managers in business and industry, resulting in poor environmental performance and consequent degradation. Enterprises that make real attempts to improve environmental standards feel that lack of recognition discourages others from following their lead.

Pollution and waste

South Africa has relatively high levels of waste and pollution impacting on air, land and water. Waste disposal practices are unsatisfactory. Ineffective waste management and poor regulatory controls allow waste producers to externalise waste management costs on to the environment and society.

Health and environmental impact

Poorer communities bear the greatest impact from wastes because many are near to industrial areas and waste disposal sites. Workers in all sectors may face exposure to toxic and hazardous substances. Those in sectors like waste disposal, agriculture, mining, mineral refining, chemicals and nuclear energy are especially vulnerable due to potential exposure in the workplace.

Waste reduction

There are no effective incentives to encourage all waste producers to adopt cleaner production processes and minimise waste generation. A number of public and commercial recycling initiatives have achieved results matching those in other parts of the world. Materials recycled include glass, paper, plastics, metals and oil. However government policy does not systematically encourage waste minimisation, reuse and recycling and, apart from a few isolated instances, local authorities do not encourage these practices at household level.

Waste industry/environment services

The handling and disposal of toxic and hazardous waste is in crisis. Many existing sites have closed for environmental and social reasons. Waste site management is complicated by the failure of producers to disclose the composition of toxins and hazards contained in waste. Toxic and hazardous materials are frequently dumped illegally, and sometimes dumped along with domestic refuse in open disposal sites. There is little control over the transport of, and trade in, waste.

Conclusion

South African society and economy are characterised by the inequitable distribution of wealth and resources. A minority enjoy high living standards, with sophisticated infrastructure and services, while the basic needs of the majority are not adequately met.

The range from First to Third World lifestyles and circumstances creates particular problems for the protection of the environment and the promotion of sustainable development.

Businesses range from large corporations with vast resources to micro enterprises surviving from day to day. In this situation, environmental policy must face the challenge of addressing both the basic needs and survival strategies of the poor and the impacts of the industrial consumer economy.

Trends

Trends contextualise the framework within which the environmental policy must function and against which government will measure the success or failure of policy implementation.

Globalisation

Globalisation is increasingly seen as having both positive and negative implications for sustainable development. Its major driving force is the concern to create a single global market place. Major characteristics include:

• the movement towards free trade
• computerisation and automation in world industries
• new information and communication channels
• the disappearance of Cold War power blocs
• global environmental issues like climate change and ozone depletion
• world population growth
• massive urbanisation and population migration between countries

These phenomena challenge the foundations of society, including economic activity, education systems, the role of government, and people's access to and choice of information.

Contact between previously separate ecosystems and the integration of different societies can have dramatic and unpredictable results, such as biological invasion or species extinction and the collapse of local markets and cultures. The drive for a single lifestyle around the globe can override social and environmental considerations and lead to inappropriate growth and development strategies that prejudice sustainability.

Globalisation also presents potentially positive opportunities for developing countries including the opening of markets, access to information, technology and other resources.

As a developing country with high technology capabilities, South Africa has the potential to play a leading role. It can pioneer appropriate solutions for developing countries trying to balance their environmental responsibilities with national development needs. However, in order to do this it must develop its own capacity for effective environmental management.

Environmental issues
Some environmental issues such as climate change can only be dealt with on a global scale. Agenda 21 provides a framework for regional and global cooperation on environmental matters while recognising the right of nations to determine their own economic, social, cultural and political goals.

South Africa's energy sector is the largest single source of green house gases in Africa. As a developing country it is likely to escape more stringent international measures to control these gases for the present. However the medium to long term effects of energy intensive development based on low energy prices must be considered both from the viewpoint of environmental impacts and international economic competitiveness.

Industrialisation and the environment

Consumerism and materialism drive industrialisation. Global competition, computerisation, automation and mature markets also exercise an influence. These factors all contribute to higher levels of natural resource exploitation and increased levels of pollution and waste with negative impacts on the environment and human health. The development of industrial technology can also contribute to improved management of environmental impacts.

Growth and physical development

Economic growth leads to pressure to exploit resources, develop infrastructure, provide services and change land use patterns. Within this framework environmental concerns may be marginalised and development may degrade the environment.

Trade and the environment

Trade liberalisation has internationalised the issue of economic activities that cause uncompensated environmental damage to others. These environmental externalities, which are not reflected in market prices, include depletion of natural resources, impacts on human health, destruction of cultural resources and the pollution of air, water and land. Externalities can be internalised through regulation or market based instruments.

Internalisation and externalisation can affect the competitiveness of industries. Trading interests are concerned that regions, countries or even provinces may use internalisation to create barriers to market entry. From an environmental viewpoint the concern is that trade policies and agreements that prevent internalisation of environmental costs may lead to environmental harm and consequent costs to society.

Macro economic trends

Macro economic trends influence the kind of environmental impacts resulting from economic activities. Major trends in South Africa that affect the environment include:

• shifts in the contributions of different sectors to economic growth. Over the past fifteen years secondary industrial activity and services have increased as a percentage of Gross Domestic Product, whilst primary industries like mining and agriculture have declined
• employment in the formal private sector has declined
• growth and income distribution affect consumer spending patterns and the resulting demand on environmental resources
• the gross geographic product of regions in relation to population densities and available natural resources are crucial in determining the potential for sustainable development
• shifts in population distribution alter the pressure on environmental resources in different areas.

Demographic phenomena

Demographic factors can cause or increase environmental degradation and resource depletion. This inhibits sustainable development. Population size and movement must be seen in the context of a country's access to resources, both domestic and global, patterns of production and consumption, distribution of wealth and resources and environmental management practices. Population movements in a country are a major concern in managing impacts in affected regions.

Fiscal shrinking

This refers to government spending cuts and the effects of inflation which reduce real government funding for environmental management. Greater efficiency and a search for alternative sources of funding will be essential to offset these cuts while ensuring more effective environmental management.

Increased environmental consciousness

Democratisation and growing public awareness of environmental issues means that government must give higher priority to environmental concerns at all levels of decision-making. Government must become more transparent and provide adequate opportunity for participation in environmental governance. Promoting environmental understanding will increase the capacity of people to participate effectively in environmental decision-making.

Information technology

The trend towards increasing information intensity in all aspects of the national Department of Environmental Affairs and Tourism's work is likely to result in increased demands for accessible and affordable information from all interested and affected parties and particularly those at community level. The ability to transfer useful environmental technologies and knowledge from external sources and to disseminate best environmental practice nationally will be one of the national Department of Environmental Affairs and Tourism's key national services.

Biodiversity

Population pressure and exploitative use of natural resources has resulted in a loss of genetic resources and species and a steady deterioration of habitats and ecosystems. To halt this degeneration of our living resource base, urgent and coordinated action to conserve natural resources and use them sustainably is essential. The present protected area system is uncoordinated, its total size is inadequate and it does not adequately represent the diversity of ecosystems and species. The establishment of botanical and zoological gardens and gene banks is also largely uncoordinated. Furthermore, concerted efforts are necessary to educate the South African public to use biological resources sustainably outside protected areas, and to control the largely unregulated access to our genetic resources.

Competition for resources

Steady population increase continuously intensifies the competition between people, other animals and plants for environmental resources. This is already evident in the case of two of the basic environmental media, namely land and water. In the case of water the new policy developed by the Department of Water Affairs and Forestry recognises the scarcity of the resource. The Department is taking steps, including a shift to demand management, to ensure its sustainable use. In the case of land, environmental considerations have not yet been integrated into spatial planning processes. The result is that the competing demands of agricultural, mining, industrial and residential land use are not being addressed within a framework of sustainable development.

Competition over environmental resources is nothing new for Africa and its peoples. Much of the continent's recorded history is dominated by this competition, and it lies at the root of present conflicts.

International environmental governance and management

Since the 1970s governments around the world have established dedicated structures in government to deal with environmental management. Difficulties experienced in addressing the broad range of environmental concerns effectively has led recently to attempts to integrate the work of these structures with that of other government structures. This has included the adoption of:

• approaches to development planning that integrate environmental considerations into spatial planning frameworks
• approaches to pollution control and waste management that integrate the control of ambient standards in all three environmental media, namely air, water and land/soil with source based controls for specific activities
• strategic environmental assessment of policies, plans and programmes to overcome the limitations of project based environmental impact assessments in dealing with cumulative emissions and discharges to the environment, and the cumulative impact of developments on land use, employment creation, transport systems, ecosystem functioning and biodiversity conservation.

Increasingly governments are looking to a mix of regulatory methods including both traditional command and control approaches and market based instruments to achieve improvements in environmental quality appropriate to specific situations and user needs. The development of environmental capacity in civil society and the private sector has led to alliances, agreements and joint initiatives to improve existing standards of control and best practice.

The Southern African region
Within the Southern African region, the Southern African Development Community (SADC) set out its Policy and Strategy for Environment and Sustainable Development in 1994. Major factors inspiring the development of a framework policy for the region include the need to arrest the acceleration of unsustainable development in the region, the lack of action on environmental issues and the failure to harness the energies of ordinary people for environmental management through participatory processes. It seeks to bring together concerns for environmental, economic and social sustainability in striving towards equity led growth. The policy has established a committee of ministers of the environment and technical committees for land management, environment management and water resources management.

Appendix 2 
GLOSSARY 

Ambient standards

ambient standards define maximum pollutant levels in water, air or land/soil in order to ensure that these media are fit to meet user needs, and avoid unreasonable or significant environmental impacts or health hazards.

Biodiversity

biodiversity is an abbreviation of biological diversity. The Convention on Biological Diversity defines it as:

The variability among living organisms from all sources including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within, between species and of ecosystems.

Coastal zone

the area of land and sea along the coast including estuaries, onshore areas and offshore areas, wherever they form an integral part of the coastal system.

Cost benefit analysis

an economic analysis of an undertaking, involving the conversion of all positive and negative aspects into common units (for example money) in order to compare the total benefits and the total costs.

Cultural resources

a broad, generic term covering any physical, natural and spiritual properties and features adapted, used and created by humans in the past and present. Cultural resources are the result of continuing human cultural activity and embody a range of community values and meanings. These resources are non-renewable and finite. Cultural resources include traditional systems of cultural practice, belief or social interaction. They can be, but are not necessarily identified with defined locations.

Demand management

applying measures to ensure the equitable distribution of a resource to meet needs and the limitation of total consumption to sustainable levels.

Development

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.

Due process

following set or agreed procedures and processes in environmental governance.

Ecolabelling

a system of approved labels on consumer products confirming that they meet specific criteria of environmental friendliness.

Ecological cycles

a variety of processes, driven ultimately by solar energy that maintain ecosystems by sustaining life and replenishing renewable resources. They include:

• nutrient cycles
• the carbon cycle
• the nitrogen cycle
• the oxygen cycle
• the water (hydrological) cycle.

Ecosystem

a dynamic complex of plant, animal and microorganism communities and their non-living environment interacting as a functional unit. The major parts of an ecosystem are the producers (green plants), the consumers (herbivores and carnivores), the decomposers (fungi and bacteria), and the nonliving or abiotic component, consisting of dead organic matter and nutrients in the soil and water. Ecosystem inputs include solar energy, water, oxygen, carbon dioxide, nitrogen and other elements and compounds. Outputs include heat, water, oxygen, carbon dioxide, and nutrient losses.

Environmental Audit

a systematic, documented, regular and objective evaluation to see how well an organization or facility is operating in terms of its Environmental Management Systems (EMS), and is complying with statutory requirements and the organisation's environmental policy.

Environmental Impact Assessment (EIA)

A detailed study of the environmental consequences of a proposed course of action. An environmental assessment or evaluation is a study of the environmental effects of a decision, project, undertaking or activity. It is most often used within an Integrated Environmental Management (IEM) planning process as a decision support tool to compare different options.

Environmental Management Programmes (EMP)

Every mine must submit an EMP in terms of the Minerals Act 50 ( of 1991) to the Department of Mineral and Energy Affairs. It contains elements of environmental assessment (see EIA) plus management plans. Once approved, it has the force of law.

Environmental Management Systems (EMS)

documented procedures drawn up as described in a South African Bureau of Standards (SABS) code of practice to implement the requirements of ISO 14000. Operating, emergency, data collection and documentation procedures are set out, along with procedures for training, the transfer of information and all the elements of a complete management and quality control system.

Environmental Sustainability

the ability of an activity to continue indefinitely, at current and projected levels, whilst maintaining or substituting for social, cultural and natural resources required to meet present and future needs.

Externalities

economic activities that cause uncompensated environmental loss or damage to others.

Genes

coded units of information about characteristics passed from parents to offspring. They consist of segments of deoxyribose nucleic acid (DNA) molecules found in chromosomes.

Globalisation

the drive to create a single world market, mainly by large corporations with global interests, mostly situated in the developed world. It encourages conformity to global standards and economic approaches by governments and promotes a single global lifestyle.

Governance

governance means setting policy to guide an activity and then making sure that the money, people and institutions to do the work are in place. It also means making sure that people are accountable for the work they do, monitoring what happens and making new plans to carry the work forward.

Green-house gases

gases in the Earth's lower atmosphere that trap heat causing an increase in the Earth's temperature. These gases include carbon dioxide, methane, nitrous oxides and other synthetic chemicals.

Gross Geographic Product (GGP)

the sum of all economic activity in a defined geographic area.

Habitat

the place, characterised by its physical properties and other life forms present, where an organism or community occurs

Hazardous waste

any waste, other than radioactive waste, which by reason of its chemical reactivity, ecotoxicity, explosive character, corrosivity, carcinogenic qualities, or other characteristics, may cause significant danger to, or impact adversely on human health or the environment.

Holism

the term holism is derived from the Greek holos, meaning complete, integrated. Holism is a world view that sees all things as interconnected and getting their meaning mainly from their connections with other things.

Integrated Environmental Management (IEM)

a code of practice ensuring that environmental considerations are fully integrated into the management of all activities in order to achieve a desirable balance between conservation and development.

Intergovernmental

this refers to relations between spheres of government and to relations between government agencies in the same sphere of government.

Internalisation

the incorporation of externalities into market prices (see externalities).

Market based instruments

an umbrella term for environmental taxes designed to generate income and environmental charges designed to change behaviour.

MINMEC

the Committee of Ministers and Members of the Executive Councils: Environment and Nature Conservation.

Natural resource

any resource provided by the bio-physical environment

Non-renewable resource

a resource that has a finite stock and either cannot be reproduced once it is used or lost, or cannot be reproduced within a time span relevant to present or future generations.

Ozone

see stratospheric ozone.

Radio-active

substances emitting radiation due to the disintegration of unstable atomic nuclei. Exposure to high levels of radiation is fatal, while lower doses can cause cancers and genetic mutations.

Renewable resource

a resource produced as part of the functioning of natural or managed systems at rates comparable with its rate of consumption. Such resources can provide a sustained yield.

Risk assessment

a process of gathering data and making assumptions to estimate short- and long-term harmful effects on human health or the environment from exposure to hazards associated with a particular substance, product or technology.

SADC

Southern African Development Community

Social resources

people, their knowledge, skills, capacities, cultures and technologies, organisational and institutional structures, political and economic systems

Spatial development planning

a participatory process to integrate economic, sectoral, spatial, social, institutional, fiscal and environmental strategies in order to support the optimal allocation of scarce resources between sectors and geographic areas, and across the population, in a manner that promotes sustainable development, equity, and empowerment of poor and marginalised communities and groups.

Strategic Environmental Assessment (SEA)

Strategic Environmental Assessment is a process to assesses the environmental implications of a proposed strategic decision, policy, programme, piece of legislation or major plan. It may be used within an IEM planning process as a decision support tool to compare different options.

Stratospheric ozone

ozone, a colourless gas with a harsh odour, is an unstable form of oxygen made up of three oxygen atoms. It is mainly found in the stratosphere, the atmospheric layer roughly between 15 and 50 kilometres above the earth. This 'ozone layer' absorbs much of the UV-B radiation from the sun. Exposure to UV-B can cause skin cancer and excessive exposure can cause mutations in plants and other life forms. Small amounts of ozone also occur at ground level where it is a corrosive pollutant and irritant.

Sustainable Development

in the context of this policy sustainable development is defined as development which seeks to integrate environmental, social and economic concerns, now and in the future, and to keep within the carrying capacity of the environment. The focus is on ensuring that environmental sustainability, health and safety are not compromised, and that natural and cultural resources are not endangered. Sustainable development must ensure that the direction of investments, the orientation of technological developments and institutional mechanisms work together towards the goal of the sustainable use of environmental resources in a way and at a rate that will meet present and future needs. Sustainable development requires that particular attention be given to addressing the needs of previously disadvantaged communities.

Toxic substance

toxic substances are chemicals and mixtures of chemicals whose manufacture, processing, distribution, use and disposal present a risk to human health and the environment.

Toxic wastes

a form of hazardous waste that causes death or serious injury such as burns, respiratory diseases, cancers or genetic mutations.

1 Ministry

Minister Z Pallo Jordan
Deputy Minister Peter 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 CONNEPP process and chaired MAT for the first half of the process

2 Department of Environmental Affairs and Tourism

Dr Colin Cameron - Director-General
Dr Francois Hanekom - Deputy Director-General
All members of the department who contributed in whatever way during the CONNEPP process

3 National Portfolio Committee on Environment and Tourism, National Council of Provinces and MINMEC: Environment and Nature Conservation

Ms Gwen Mahlangu - Chairperson Portfolio Committee
Adv Stefan Grové - National Council of Provinces
Dr Tienie Burgers - MEC Northern Province
Mr Tate Makgoe - MEC Free State
Mr David Makwanazi - MEC Mpumalanga
Mr T Makweya - MEC Northern Cape
Dr Matlaopane - MEC Northern Cape
Mr JWH Meiring - MEC Western Cape
Ms Nomvula Mokonyane - MEC Gauteng
Ms Edna Molewa - MEC North West Province
Mr Smuts Ngonyama - MEC Eastern Cape
Nkosi Ngubane - MEC Kwazulu Natal
Members of the MINMEC Technical Committee and the provincial departments who assisted the MECs in the process. Also all MECs who were involved in MINMEC at the beginning of the process.

4 Donors

International Development Research Centre (IDRC)
Mr Marc van Ameringen - Regional Director
Mr Wardie Leppan - Programme Officer responsible for CONNEPP
All staff members who assisted with the administration of the project
Danish Cooperation for Environment and Development (DANCED)
Mr Einar Jensen - Environmental Attaché
Mr Peter Lukey - Programme Officer
All support staff who assisted with project administration.

5 Management and Advisory Team (MAT)

Mr Chris Albertyn - EJNF (environmental NGOs)
Dr Garth Batchelor - Mpumalanga Province
Ms Thandi Bosman - SANCO (community based organisations)
Dr David Fig - GEM (environmental NGOs)
Mr Wynand Fourie - DEA&T
Dr Francois Hanekom - DEA&T (co-chairperson of MAT)
Ms Karin Ireton - IEF (business and industry)
Mr Tinus Joubert - DEA&T
Ms Margie Keeton - IEF (business and industry)
Mr Molefi Kubuzie - Northern Province
Mr Wardie Leppan - IDRC (donor)
Mr Peter Lukey - DANCED (donor)
Ms Shirley Miller - COSATU (organised labour)
Mr Chris Warner - formerly from Gauteng Province

6 Liaison Group

Mr Chris Badenhorst - Department of Foreign Affairs
Mr A Clark - Department of Mineral and Energy Affairs
Mr C Grobbelaar - Department of Mineral and Energy Affairs
Dr R Kok - Department of Labour
Dr L Kriel - Department of Education
Mr S Mapaha - Department of State Expenditure
Mr B Memela - Department of Arts, Culture, Science and Technology
Ms N Mene - Department of Sport And Recreation
Ms I Mentz - Department of Welfare (Population)
Mr EH Meyer - Department of Home Affairs
Mr O Moletsani - Office of The Minister for The Public Service and Administration
Mr Indran Naidoo - Department of Land Affairs
Mr JJA Nel - Department of Health
Mr E R Obermeyer - Department of Finance
Dr Laurine Platsky - Department of Constitutional Development
Mr T Quinn - Department of Transport
Advocate Pieter A du Rand - Department of Justice
Mr Tami Sokutu - Department of Water Affairs and Forestry
Mr K Taylor - Department of Agriculture
Mr ML te Water Naudé - Department of Foreign Affairs
Lt-Colonel WC Theunissen - Department of Correctional Services
Capt E Van Blerk - National Defence Force
Mr L van der Walt - Department of Housing
Ms M J Visagie - Department of Trade And Industry
Mr J Wessels - Department of Public Works

7 Discussion Document Drafting Team and Reference Group

The CONNEPP MAT appointed the following people to draft the Discussion Document: Towards a new Environmental Policy for South Africa :

Mr Dick Cloete - Umanyano Media Service (editor)
Dr Yemi Katerere - IUCN Southern Africa
Dr Graham Noble - CSIR
Prof Kingston Nyamapfene - University of Fort Hare
Ms Sue Posnik - Steffan, Robertson and Kirsten
Mr Peter Pouplier - Danish Ministry of Environment
Dr Bob Scholes - CSIR
Mr Rob Short - CRM International

A Reference group was appointed to give input during the drafting process of the Discussion Document:

Dr Piet Aucamp (air)
Mr Mark Butler (institutions)
Mr Siva Chetty (air)
Dr Rod Crompton (mining)
Mr Malcolm Draper
Dr Anton Eberhard (energy)
Mr Saliem Fakir (land/soil)
Ms Jenny Hall (waste)
Dr Tim Hart (urban environment)
Dr Lynn Jackson (fisheries)
Dr John Kilani (mining)
Dr Fred Kruger (forestry)

Mr Hartmut Krugmann (international -IDRC EARO)
Mr Ian Lax (forestry)
Dr John Ledger (institutions)
Mr Troels Madsen
Prof MM Maema
Mr Rufus Maruma
Ms Maria Mbengashe
Mr Patrick Morant (coastal zone management)
Prof Jonathan Myers (health)
Mr Jay O'Keefe (water)
Mr Joyti Parikh (international, Indira Gandhi Institute of Development Reserach)
Dr Guy Pegram (water resource management)
Mr JP Purshotam (law)
Ms Meena Raman (international, Consumer's Association of Penang)
Ms Barbara Schreiner (institutions)
Ms Meena Singh (rural development)
Mr Tami Sokutu
Dr Petro Terblanche (health)
Mr Clive van Horen (energy)
Dr Alex Weaver
Ms Terry Winstanley (law)


Words in brackets indicate either a specific area of expertise, or in the case of international representatives, organisational affiliation. All members of the Management and Advisory Team were included in the Reference Group with the following members taking responsibility for specific fields: David Fig (energy), Jon Hobbs (industry) and Shirley Miller (health and environment).

8 Green Paper Drafting Team

The CONNEPP management team nominated the following people to draft the Green Paper :

Mr Mark Butler - Community Agency for Social Enquiry (CASE) (environmental NGO sector)

Mr Dick Cloete - Umanyano Media Service (editor)

Ms Ingrid Coetzee - Department of Environmental Affairs and Tourism (national government)

Dr Mike Cohen - CEN Integrated Environmental Management Unit (provincial government)

Ms Jenny Hall - CRM International (community based organisations)

Mr Arend Hoogervorst - Eagle Environmental (business and industry)

Ms Shirley Miller - COSATU (organised labour)

Dr Dan Walmsley - Steffan, Robertson and Kirsten (drafting manager)

9 White Paper Drafters

The Department of Environmental Affairs and Tourism appointed Ingrid Coetzee to draft the White Paper and CONNEPP contracted Dick Cloete of Media Directions cc as drafting assistant and editor.

10 Provincial Multi-stakeholder Steering Committees

The hard work and dedication of the multi-stakeholder steering committees and/or Provincial Environmental Advisory Forums, who organised and managed the provincial participation processes, contributed to the success of CONNEPP.

11 Others

Special thanks to:

Prof Cheryl Loots - for commenting on the constitutionality of the Draft White Paper
Mr Paul Smith - Government Printer, for printing the Discussion Document, Green Paper and Government Gazette in record time
Mr Jacques du Plessis - J-Print, for printing all the newsletters and the CONNEP II proceedings
The Technical Study Team - for drafting the first Discussion Document for the CONNEP I Conference.
The CONNEP I Organising Committee, with Ms A Hugo who took overall responsibility for this from DEA&T.

12 Connepp Secretariat

Ms Christelle van der Merwe - National Coordinator
Ms Charmain Kruger - Deputy Coordinator
Mr Andrew Sithole - Project Assistant

13 All the people who submitted written comments on the CONNEPP Green Paper

The comments are contained on an electronic database at the Department of Environmental Affairs and Tourism in Pretoria.