Mpumalanga Business 2020-21 edition

Companies and the EMI
The biggest exposure most companies have is
from technical non-compliances with conditions
imposed in an Environmental Authorisation
(often called RoDs) issued in terms of NEMA or
similar permit conditions, such as the conditions
contained in a Waste Management Licence
issued in terms of the National Environmental
Management, Waste Act, 2008 and others.
For this reason, it is important to carefully
design an environmental management
programme to ensure awareness and ongoing
compliance with each of the conditions in any
authorisation which the company has. A further
exposure is undertaking a listed activity without an
environmental authorisation.
There have been a number of changes to the
activities which are listed over the years and it is
important for companies to keep up to date with
these changes and re-examine their operations
from time to time, especially when undertaking
any sort of expansion of an existing activity.
Issue of a Directive
The DEA also has empowered EMIs to issue
directives. Unlike a compliance notice, the
authorities may only issue a directive if they
believe that actions by the company are causing
pollution or other damage or degradation to the
environment. The obligation in the statutes is to
take reasonable measures to avoid such pollution
or damage. ■
Issue of a Compliance Notice
Where a company is failing to comply with a
permit condition or with some other provisions
of an environmental statute, a non-compliance
notice may be issued by the DEA. When issuing
a non-compliance notice, the DEA does not
have to believe there is any actual harm to the
environment from the transgression but simply
that there is non-compliance with a technical,
legally-binding requirement.
Contact details
Postal address: PO Box X11214, Nelspruit 1200
Physical address: MAXSA Building, 13 Streak
Street, Nelspruit. Tel: +27 13 753 9000
Email: information@iucma.co.za
Website: www.iucma.co.za
25 MPUMALANGA BUSINESS 2020/21