Draft Status Quo Report for the Pixley Ka Seme ... - SRK Consulting

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SRK Consulting in association with BKS Pixley Ka Seme Local Municipality EMF – Draft Status Quo Report Page 3 wants to conduct such an activity is required to complete an assessment of potential effects (positive and negative) of that activity on the environment and is subject to prosecution if he/she does not complete this assessment. The Atmospheric Pollution Prevention Act (Act No. 45 of 1965) regulates the control of noxious and offensive gases emitted by industrial processes, the control of smoke and wind borne dust pollution, and emissions from diesel vehicles. Duty of Care Section 28 of the Act states that: Every person who causes, has caused or may cause significant pollution or degradation of the environment must take reasonable measures to prevent such pollution or degradation from occurring, continuing or recurring, or, in so far as such harm to the environment is authorised by law or cannot reasonably be avoided or stopped, to minimize and rectify such pollution or degradation of the environment. 1.4.3 National Environmental Management: Biodiversity Act (Act No. 10 of 2004) The main objectives of this Act are to provide for the management and conservation of biodiversity and the sustainable use of natural resources. The Act was established under the framework of the NEMA and deals with biodiversity planning and monitoring, protection of threatened ecosystems and species, possible invasive species, bio-prospecting and permitting. 1.4.4 National Environmental Management: Protected Areas Act (Act No. 57 of 2003) The purpose of this Act is to provide for the protection and conservation of ecologically viable areas which represent the biological diversity, natural landscapes and seascapes of South Africa. It also provides for the establishment of a national register of all protected areas, whether national, regional or local, for the management of those areas according to national standards and for the cooperation between government departments and public consultation in matters regarding protected areas or matters in connection thereto. This Act was also established under NEMA. 1.4.5 National Environmental Management: Air Quality Act (Act No. 39 of 2004) A shift from national air pollution control based on source-based controls to decentralised air quality management through an effects-based approach is supported by the Air Quality Act (AQA), promulgated in terms of NEMA. An effects based approach requires the setting of ambient air quality standards. Ambient standards that define satisfactory air quality to ensure human health and welfare, the protection of the natural and build environment, and finally the prevention of significant decline in the quality of air may be established. Such standards provide the objectives for air quality management. Multiple levels of standards provide the basis for both ‘continued improvements’ in air quality and for long term planning in air quality management. Although maximum levels of ambient concentrations should be set at a national level, more stringent ambient standards may be implemented by provincial and local authorities. Source-based controls, including best practicable means and best available technology not entailing excessive cost, cannot ensure air quality but rather represents one means of achieving and attaining ambient standards. Provision is also made for implementation of alternative regulatory approaches in programmes aimed at the attainment and maintenance of ambient standards. Such alternative approaches include proactive controls, market incentives and disincentives, self-regulation, community-based initiatives and awareness and education campaigns. The integration of diverse emission reduction approaches is required to ensure innovative and flexible policies and plans of action tailored to suit local circumstances. The control and management of all sources of air pollution relative to their contributions to ambient concentrations is required to ensure that improvements in air quality are secured in the timeliest, evenhanded, and cost-effective way. The need to regulate diverse source types reinforces the need for varied management approaches ranging from command and control methods to voluntary measures. KILI/BEAT G:\404946_PIXLEY EMF\7REPORTS\Status Quo report\Draft report\Draft status quo report, July 2010.docx July 2010
SRK Consulting in association with BKS Pixley Ka Seme Local Municipality EMF – Draft Status Quo Report Page 4 Public participation in the air quality management process and public access to information, including information on environmentally harmful practices will be a crucial component of future legislation. It is recognised that the integration of public participation into the decision-making process will be enhanced through education and awareness programmes aimed at the empowerment of communities. Emphasis is to be placed on the integration of air quality issues into the transportation, housing and land use planning processes in order to ensure that air quality issues are addressed in the long term. Under the AQA local authorities are held responsible for air quality management planning. The decentralisation of air quality management has enabled management strategies aimed at securing ambient standards to be geared towards local environments. Decentralised air quality management is also more conducive to effective public participation in the management process. In decentralised air quality management, caution is however needed to ensure a basis for effective air quality management, in terms of expertise, funds, and the consistent implementation of tools. Priority areas By notice in the government gazette the Minister may declare an area a priority area (PA) if the minister or member of executive council (MEC) reasonably believes that ambient air quality standards are/may be exceeded in an area, and specific management actions need to be implemented in order to rectify the situation. An area may be prioritised if it is considered that it is or may be impacting on the air quality of neighbouring countries, or if it affects the national interest. The MECs of two or more adjoining Provinces may by joint action declare an area falling within those Provinces a PA. Once an area has been declared a PA, an air quality management plan needs to be prepared and submitted to the relevant authority within the timeframe specified by that authority. Before approval of the plan a consultative process needs to be followed. The plan must aim to co-ordinate air quality management in the area, address issues related to air quality and provide for the implementation of the plan by a committee. The committee appointed should be representative of the relevant role players. During the writing of this report only two air quality PAs had been declared under the AQA, namely the Vaal Triangle and Highveld Priority Area (HPA), with PKSLM falling within the HPA. An air quality management plan is still under development for this area, with monitoring of key pollutants being undertaken within GSDM to inform the development of intervention strategies aimed at reducing ambient pollution levels in the region. 1.4.6 National Environmental Management: Waste Management Act (Act No. 59 of 2008) This Act was established to reform the laws regulating waste management in order to protect the health and the environment by implementing reasonable measures for the prevention of pollution and ecological degradation and for ensuring sustainable development. It aims to establish national standards for the regulation of waste by all levels of government, provide for control of all waste management activities and implement remediation measures and compliance enforcement for land which has been impacted by waste. 1.4.7 National Water Act (Act No. 36 of 1998) The national importance of water and the provision thereof has been acknowledged in the Constitution as a basic human right. The aim of the National Water Act (Act No. 36 of 1998) (NWA) is to ensure that the water resources are protected, used, developed, conserved and controlled by all reasonable measures. The NWA deals with the development of strategies to facilitate the proper management of water resources, provides for the protection of water resources, regulation of water use and other matters relating thereto. Water use is defined to incorporate surface and groundwater, and includes the act of taking water from a water resource, storing water, impeding or diverting the flow of a water course, engaging in stream flow reduction activities, discharging water containing waste or water that has been heated in an industrial process, altering the physical structure or character of a water course or removing, discharging or disposing of underground water for safety purposes. KILI/BEAT G:\404946_PIXLEY EMF\7REPORTS\Status Quo report\Draft report\Draft status quo report, July 2010.docx July 2010
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Draft Status Quo Report for the Pixley Ka Seme ... - SRK Consulting

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