DWAF Environmental Management Framework

DEPARTMENT OF WATER AFFAIRS AND FORESTRYENVIRONMENTAL

MANAGEMENT

FRAMEWORK

First Draft

(A strategy to align Integrated Environmental Management principles, Environmental Assessment processes and other environmental management tools and processes with the functions and responsibilities of DWAF)

May 2002

The commitment of the Department of Water Affairs and Forestry to sustainable is reflected in the following vision statement

Our Vision

We have a vision of a democratic, people-centred nation working towards human rights, social justice, equity andprosperity for all.

We have a vision of a society in which all our people enjoythe benefits of clean water and hygienic sanitation services.

We have a vision of water used carefully and productivelyfor economic activities which promote the growth, developmentand prosperity of the nation.

We have a vision of a land in which our natural forests andplantations are managed in the best interests of all.

We have a vision of a people who understand and protectour natural resources so as to make them ecologically stableand safeguard them for current and future generations.

We have a vision of a Department that serves the public loyally,meets its responsibilities with energy and compassion and actsas a link in the chain of integrated and environmentallysustainable development.

We have a vision of development and co-operation throughoutour region; of playing our part in the African Renaissance.

Preface

The following document has been prepared in Draft format for discussion purposes. The authors would appreciate any constructive comment and review that will enhance the applicability of the Environmental Management Framework for the Department. All comments will be noted and responded to, either through corrections in the text, or through response in a Comments Response Report.

DEPARTMENT OF WATER AFFAIRS AND FORESTRY

ENVIRONMENTAL MANAGEMENT FRAMEWORK

FIRST DRAFT

Table of Contents

11.INTRODUCTION

11.1Overview and background

21.2Vision of the EMF

21.3Aims and objectives of the EMF

32.USERS GUIDE

32.1Purpose of this document

32.2Who should use this document?

42.3EMF structure and contents

52.4How to use this document

63.DWAF FUNCTIONS AND ACTIVITIES, AND THEIR ENVIRONMENTAL LEGAL COMPLIANCE REQUIREMENTS

63.1Introduction and overview of DWAF structure, functions and activities

93.1.1Water Resource Management functions and activities

93.1.1.1WRM Impacting Functions

93.1.1.2WRM Managing Functions

163.1.2Water Services

163.1.2.1WS Impacting Functions

173.1.2.2WS Managing Functions

223.1.3Forestry

223.1.3.1Forestry Impacting Functions

233.1.3.2Forestry Management Functions

263.2Environmental legislation and policy overview

263.2.1Environmental laws, other than those administered by DWAF, which may have an influence on activities undertaken by DWAF in the execution of their statutory mandate

263.2.1.1Water Services

273.2.1.2Water Resource Management

283.2.1.3Forestry

293.2.2Environmental laws administered by DWAF

323.2.3International conventions, common law and important legislative developments that may influence DWAF

364.ENVIRONMENTAL ASSESSMENT AND MANAGEMENT TOOLS

364.1Introduction

374.2The Evolution of Environmental Assessment

384.3Environmental Assessment Tools

384.3.1Strategic Environmental Assessment

424.3.2Environmental Impact Assessment

434.3.3Environmental Management Systems

454.3.4Environmental Economics

464.3.5Life Cycle Assessment

474.3.6Risk Assessment

474.3.6.1Health Risk Assessment

484.3.6.2Ecological Risk Assessment

514.3.7Cumulative Effects Assessment

535.THE ENVIRONMENTAL MANAGEMENT FRAMEWORK

535.1Introduction

535.2Environmental Management and the Policy Formulation & Review Process

535.2.1Introduction

545.2.2Environmentally Sound Policy Formulation and review

555.2.2.1Step 1: The identification of a broad goal

565.2.2.2Step 2: Policy development

575.2.2.3Step 3: Implementation

575.2.2.4Step 4: Monitoring and review

585.3Environmental Assessment and management for plans and programmes

585.3.1Introduction

585.3.2Conducting an SEA

585.3.2.1Creating the Organisational Framework

595.3.3Co-ordinating the SEA

595.3.3.1Project Leader

595.3.3.2The SEA Team

595.3.3.3Description of the SEA process

605.4Undertaking development projects

605.4.1Introduction

615.4.2EIA in the Project Life-cycle

645.4.2.1Roles and responsibilities in the EIA process

645.4.2.2Proponent

655.4.2.3Consultant

675.4.2.4Interested and affected parties

675.4.2.5Competent Authority

685.4.3The EIA process

685.4.3.1Pre-screening consultation

715.4.3.2Screening

725.4.3.3Scoping

755.4.3.4Impact Assessment

785.4.3.5Record of decision and appeal

785.4.3.6Conditions of approval

795.4.3.7Auditing

795.4.4Regulatory Authorities in the EIA process

805.5Revisions in IEM

816.RECOMMENDATIONS

827.REFERENCES

APPENDIX 1: SCREENING CHECKLIST

List of Figures

36Figure 4.1Broadening participation in project design and evaluation

38Figure 4.2Hierarchy of Environmental Assessment and Management Tools

38Figure 4.3The Environmental Assessment Process and relationships

41Figure 4.4Generic SEA process diagram

50Figure 4.5Risk assessment process

54Figure 5.1EMF Structure Diagram

55Figure 5.2Generic Policy formulation process in South Africa (after CSIR, 2002)

62Figure 5.3EIA in the DWAF project lifecycle

64Figure 5.4Engineering and environmental feasibility studies linkages

List of Tables

6Table 3.1Structure and organization of the Water Resource Management Chief Directorates, Directorates and Sub-Directorates as at 1 September 2001.

8Table 3.2Structure and organization of the Water Services Chief Directorates, Directorates and Sub-Directorates as at 1 September 2001.

8Table 3.3Structure and organization of the Forestry Chief Directorates, Directorates and Sub-Directorates as at 1 September 2001.

12Table 3.4Details of Water Resource Management functions and activities (DWAF 2000)

19Table 3.5Details of Water Services functions and activities (DWAF 2000)

24Table 3.6Details of Forestry functions and activities (DWAF 2000)

30Table 3.7Legal requirements for DWAF to administer statutory mandates

32Table 3.8International conventions and agreements for which DWAF is responsible

37Table 4.1Positive and negative aspects of Environmental Assessment

38Table 4.2Comparing SEA and EIA

Glossary

Affected environmentThose parts of the socio-economic and biophysical environment impacted on by the development

AlternativesA possible course of action, in place of another, that would meet the same purpose and need. Alternatives can refer to any of the following but are not limited hereto: alternative sites for development, alternative site layouts, alternative designs, alternative processes and materials. In Integrated Environmental Management the so-called "no action" alternative may also require investigation under certain circumstances.

AssessmentThe process of collecting, organising, analysing, interpreting and communicating data that are relevant to some decisions.

ActivityA development action, either planned or existing, that may result in environmental impacts through pollution and/or resource use.

AuditingThe process through which an EIA is inspected which then provides an opportunity and mechanism to learn from experience and to refine project design and implementation procedures.

Compliance

To act in accordance with the rules and regulations.

DevelopmentThe act of altering or modifying resources in order to obtain potential benefits.

EnvironmentIn its broadest sense, the word environment embraces the conditions and / or influences under which any individual or thing exists, lives or develops. These surroundings can be placed into three categories:

The combination of physical conditions that affect and influence the growth and development of an individual or community;

The social and cultural conditions that affect the nature of an individual or community; and

The surroundings of an inanimate object of intrinsic social value.

The environment of the human being includes the abiotic factors of land, water, atmosphere, climate, sound, odour and taste. The biotic factors being, fauna, flora, ecology, bacteria and viruses, and social factors that make up the quality of life.

The European Commission defines the environment as the combination of elements whose complex interrelationships make up the settings, the surroundings and the conditions of life of the individual and of society, as they are or as they are felt.

Environment includes the land, water and air, including all layers of the atmosphere, all organic and inorganic matter and living organisms, and the interacting natural systems

Environmental impactThe degree of change in an environment resulting from the effect of an activity on the environment, whether desirable or undesirable. Impacts may be the direct consequence of an organisations activities or may be indirectly caused by them.

Environmental impact A process of examining the environmental effects of an activity,

Assessment

such as development

Environmental impact A report describing the process of examining the

statementenvironmental effects of a development proposal, the expected impacts and the proposed mitigating measures

Environmental aspect

A human activity or environmental element

Environmental issueA concern felt by one of more parties about some existing, potential or perceived environmental impact.

Environmental impactA report describing the process of examining the environment

reporteffects of a development proposal, the expected impacts and the proposed mitigating measures.

EvaluationThe process of weighing information, the act of making value judgements or ascribing values to data in order to reach a decision.

Independent environmental A consultant not in the permanent service of the applicant. In

consultantaddition a consultant ceases to be independent if:

Involved in any design or work of the same project;

Earns more than 50% of his or her work from the same company;

Payment depends on the successful authorisation of the application.

Consultants in the permanent services of the applicant are referred to as "in house" consultants.

Integrated environmentalIEM provides an integrated approached for environmental

management (IEM)assessment, management, decision-making and to promote sustainable development and the equitable use of resources. Principles underlying IEM provide for a democratic, participatory, holistic, sustainable, equitable and accountable approach.

Interested partyIndividuals or groups concerned with or affected by an activity and its consequences. These include the authorities, local communities, investors, work force, consumers, environmental interest groups and the general public.

Irreversible impactWhen the character, diversity or reproductive capacity of an environment is permanently lost.

Land use

The activities that take place within a given area or space.

List of activitiesDevelopment actions that are likely to result in significant environmental impacts as identified by the Minister of Environmental Affairs and Tourism in terms of sections 21 of the Environment Conservation Act, 1989.

Mitigation

Measures designed to avoid, reduce or remedy adverse impacts.

MonitoringThe repetitive and continued observation, measurement and evaluation of environmental data to follow changes over a period of time to assess the efficiency of control measures.

Negative impactA change that reduces the quality of the environment (for example, by reducing species diversity and the reproductive capacity of the ecosystem, by damaging health, property or by causing nuisance).

ParticipationInterested and affected individuals and groups will have an opportunity to participate in decisions about ways in which environmental concerns are addressed

Positive impactA change that improves the quality of the environment (for example, by increasing species diversity and the reproductive capacity of the ecosystem, by removing nuisances or improving amenities).

Pristine

Undisturbed natural landscape.

Pro-active:Taking action in anticipation of a problem rather than in reaction to the problem.

RehabilitationRestoration of landscape more or less to is former scenic appearance.

Relevant authorityThe environmental authority on national, provincial or local level entrusted in terms of the Constitution and in terms of the designation of powers in Notice No. R. 1184 of 5 September 1997 with the responsibility for granting approval to a proposal or allocating resources.

ResortPlace frequented by people for holiday, sport, recreation, health or similar purpose.

ScopingThe process of identifying the significant issues, alternatives and decision points, which should be addressed by a particular EIR, and may include a preliminary assessment of potential impacts.

Significant impactAn impact that, by its magnitude, duration or intensity alters an important aspect of the environment.

ScreeningThe process whereby the responsible department(s) decides whether or not a project requires assessment, and the level of assessment that may be required.

Scheduled activitiesDevelopment actions that are likely to result in significant environmental impacts.

UpgradeIncludes the enlargement or expansion of an activity, but excludes regular or routine maintenance and the replacement of inefficient or old equipment, plants or machinery where such does not have a detrimental effect on the environment.

Value JudgementA statement of opinion or belief, which is not capable of being falsified by comparison with fact.

1. INTRODUCTION

1.1 Overview and background

The Department of Water Affairs and Forestry (DWAF) has endeavoured to apply elements of the Integrated Environmental Management (IEM) process to the development and implementation of the Departments development projects prior even to the establishment of environmental management and assessment regulations in South Africa. The following DWAF initiatives provide an indication of the Departments past and ongoing commitment to IEM:

Formulating Departmental procedures for applying the IEM process in 1989;

Compiling a manual for applying the IEM process in 1990;

Amending the 1989 Departmental procedures to comply with the National IEM Guideline Series of 1992;

Amending and documenting the DWAF IEM procedure again in 1995;

Developing and documenting the Relevant Environmental Impact Prognosis (ROIP) Manual in 1995; and

Updating the DWAF IEM procedures through the development of an EMF for application and implementation at a strategic level by the Water Resource Management Branch (2001 ongoing).

New environmental management practices, which received prominence in South Africa after 1995 together with recent South African environmental legislative developments, have necessitated the updating and alignment of the DWAFs existing IEM procedures with current national environmental assessment and management requirements, and international trends. The need for integrated and overarching Departmental IEM procedures is strengthened by the overlapping environmental considerations of several Departmental policies, strategies, guidelines and regulations including the Integrated Catchment Management Strategy, Resource Directed Measures and the Stream Flow Reduction Activities (SFRA) Water Use Licensing System.

DWAF aims to proactively address these needs through its five-phase project entitled Revision of the Integrated Environmental Management and Development of an Environmental Management Framework within the Department of Water Affairs and Forestry. The first phase of this project includes developing an Environmental Management Framework (EMF) (this document) for application specifically in the Departments Water Resource Management Branch. The remaining phases will focus on implementation, application and capacity building.

From a national environmental perspective, this initiative will help to ensure that DWAF abides by the National Environmental Management Act (Act No. 107 of 1998) (NEMA) principles (refer to Chapter 3) and the current NEMA Chapter 5 IEM provisions. It will also satisfy the anticipated requirements of the redrafted Chapter 5 of NEMA and its associated national IEM Regulations (which have not as yet been released).

The EMF will also assist DWAF to abide by international conventions and international environmental considerations, provisions and requirements for water resource projects, while also complying with international trends that promote environmental sustainability through responsible cradle-to-grave integrated environmental management. Pertinent international examples include the World Commission on Dams working paper Environmental and Social Impact Assessment for Large Dams (Sadler et al., 2000) and the World Banks Environmental Assessment Sourcebook (World Bank 1997). Chapter 8 of the Sourcebook provides environmental assessment guidance for irrigation and drainage projects, large dams and reservoirs. Chapter 9 provides guidance for water supply and sewerage, while Chapter 10 provides guidance for hydroelectric projects.

1.2 Vision of the EMF

The EMFs vision is to ensure that environmental considerations and the associated legal compliance requirements are efficiently and adequately addressed during all stages of the development processes undertaken through DWAF related functions, activities and projects.

1.3 Aims and objectives of the EMF

The objectives of the EMF include (DWAF CEIMP, 2001):

Aligning and optimising the environmental management processes required by the relevant legislation, including inter alia the National Water Act (Act No. 36 of 1998), National Forest Act (Act No. 84 of 1998), Water Services Act (Act No. 108 of 1997), National Environmental Management Act (Act No. 107 of 1998) and the Environment Conservation Act (Act No. 73 of 1989);

Ensuring that environmental considerations are efficiently and adequately taken into account during all stages of development and implementation processes within DWAF, which will assist to effectively perform Departmental environmental functions;

Ensuring that activities and projects are compatible with the environmental legislation and meet the environmental requirements, thus ensuring compliance;

Ensuring that in-house and funded DWAF Water Resource Management projects apply, and thus conform, to minimum environmental standards through the use of environmental procedures;

Ensuring the integration, development and implementation of environmental management tools and processes within DWAF, thus promoting the National Environmental Management principles as set out in NEMA; and

Encouraging integrated resource management, sustainable environmental development and utilisation and sound environmental management practices within DWAF.

The EMF aims to promote and facilitate these objectives by serving as a strategic environmental decision-support framework for the Water Resource Management Branch of the Department. Ultimately, it is hoped that an overarching EMF, that takes cognisance of all DWAF related activities and functions will be developed, thus ensuring the application of sound integrated environmental management practices throughout the Department.

2. USERS GUIDE

2.1 Purpose of this document

This Environmental Management Framework document is intended to inform and guide the Department of Water Affairs and Forestry (DWAF) Water Resources Management Branch at a strategic decision-making level. The document has been developed with the purpose of promoting and ensuring environmental legal compliance and achieving environmental sustainability through the promotion of sound environmental management practices by the Water Resources Management Branch of the Department.

As a strategic environmental decision-support framework, the document is neither prescriptive nor does it include excessive information or detailed guidelines on any of the EMF components. The provision of more detailed information and application/implementation guidance forms part of the capacity building and implementation phases (Phases Two, Three, Four and Five) of the overall project to revise the IEM procedures within the DWAF. Phase Two and Phase Three deliverables will include a Manual for Application of Environmental Management within DWAF and an Implementation Strategy for Integrated Environmental Management within DWAF respectively.

2.2 Who should use this document?

This document is intended for use by anyone who:

Is directly involved in any of the current DWAF Water Resource Management functions, activities and projects;

Requires an understanding of the environmental legal compliance requirements for DWAF functions, activities and projects;

Needs to know how Integrated Environmental Management is applied within the Department;

Needs to know the recommended DWAF Water Resource Management related environmental management roles and responsibilities;

Needs to understand which environmental management and assessment tools are incorporated in the EMF and how they are integrated with the project lifecycle approach as applied by DWAF; and

Requires an understanding of the structure and functioning of the Water Resource Management EMF.

The users, therefore, may include:

DWAF national and provincial water resource management branch staff;

Water Resource Management activity and project consultants, sub-consultants, contractors and sub-contractors;

Environmental consultants; and

Members of the general public.

2.3 EMF structure and contents

The EMF document is structured in a sequential manner to assist the reader to understand the background to, and basis for, developing the EMF, through to understanding what components make up the EMF and how these components are integrated..

Chapter One provides background information to the need for the EMF and an introduction to some of the more important considerations for developing the EMF. The chapter also provides an overview of the Departments past and current approaches to IEM and the environmental management requirements as detailed in key DWAF documents including the Environmental Implementation and Management Plan (DWAF, 2001) and the Strategic Plan 2000/2001 (DWAF, 2000).

Chapter Two (this chapter) contains document user information.

Chapter Three documents the key DWAF Forestry, Water Services and Water Resource Management branch functions and activities. The chapter also highlights the applicable legislation, bills, common law, regulations, ordinances and conventions that the Department should consider for ensuring environmental compliance. This Chapter is supported by the EMF Legal Register.

Chapter Four presents an overview of the Integrated Environmental Management (IEM) concept, including an overview of past and present South African IEM developments such as the 1992 Integrated Environmental Management Guideline Series (DEA, 1992), the current EIA Regulations (DEAT, 1998), the National Environmental Management Act (Act No. 107 of 1998)(NEMA), the current revision of NEMA and the associated current drafting of IEM guidelines. The application of IEM by DWAF is also discussed.

Chapter Five outlines how the EMF integrates and aligns IEM with the DWAF project lifecycle approach and associated project engineering phases. The chapter details how and where IEM and the relevant Environmental Assessment and Management (EA & M) tools should be included as part of the project lifecycle approach The chapter details various aspects associated with the different stages of the IEM lifecycle including their aims, their application and the associated roles and responsibilities. The environmental assessment and management tools incorporated in the EMF are discussed in terms of their definitions, aims and objectives, principles, benefits and weaknesses, applications and associated roles and responsibilities.

The Chapter considers the most appropriate way to align the DWAF Resource Directed Measures (RDM) activities as well as the current DWAF licensing procedures with the broader IEM requirements for ensuring that they can be integrated with the EMF.

Chapter Six draws the previous chapters together to indicate how their respective components combine to form the EMF. The chapter outlines how the EMF:

Fits the functions of DWAF and covers all DWAF Water Resource Management activities;

Complies with the principles and requirements of IEM;

Considers all components of the environment, all development phases and all I&APs, including national, provincial and local authorities, key stakeholders and the general public; and

Focuses on sustainable development rather than on environmental conservation.

2.4 How to use this document

Readers requiring details of the structure and function of the EMF should only read Chapter Six. The chapter contains an overview of the EMF in the form of a summary of the salient EMF points contained in the previous chapters. The reader should refer to the respective chapters indicated below where more information on the different EMF components is required.

Chapter One should be consulted to familiarise the reader with the requirements of Phase One of the DWAF IEM procedure revision project.

Chapter Three will help the reader to identify potential environmental legal liabilities and associated compliance requirements when deciding on and planning any of the listed Water Resource Management functions and activities.

The reader should consult Chapter Four when planning Water Resource Management functions and activities to ensure that they take the EMF requirements into account.

Chapter Five will assist the reader to identify how to go about ensuring that the relevant functions, activities and projects achieve environmental compliance. The reader will be able to identify what IEM steps need to be incorporated into the project lifecycle phases and which environmental tools would be most appropriate for satisfying the relevant environmental best practice requirements.

Chapter Six should be referred to by readers involved in DWAF RDM functions and activities, as well as readers involved in water resource management activities and projects that must take cognisance of the DWAF licensing procedures.

3. DWAF FUNCTIONS AND ACTIVITIES, AND THEIR ENVIRONMENTAL LEGAL COMPLIANCE REQUIREMENTS3.1 Introduction and overview of DWAF structure, functions and activities

The Department of Water Affairs and Forestrys strategic vision includes A society in which all people enjoy the benefits of clean water and hygienic sanitation services; water used carefully and productively for economic activities which promote the growth, development and prosperity of the nation; and a land in which our natural forests and plantations are managed in the best interest of all (DWAF, 2001).

This vision is achieved primarily through the functions and services of the Departments three core branches, namely:

Water Resource Management;

Water Services; and

Forestry.

Each of these branches is organised into Chief Directorates, which in turn comprise a number of Directorates and Sub-Directorates (refer to Table 3.1, Table 3.2 and Table 3.3).

Table 3.1Structure and organization of the Water Resource Management Chief Directorates, Directorates and Sub-Directorates as at 1 September 2001.

Chief Directorate

Directorate

Sub-Directorate

Planning

Strategic Planning

Water use studies

Water resources management

Policy formulating

Sub-sahara

Planning systems

Project planning

4 regions

Water resources planning

4 regions

Development

Civil design

Canal systems

Earth and rockfill dams

Concrete dams

Region water supply

Civil contract administration

Dam safety

Building materials laboratory

Hydraulic studies

Structural studies

Drawing services

Mechanical/electrical engineering

Technical design services

Dam outlets

Pumping projects

Special projects

Heavy current electrical plant

Radio telemetry systems

Mechanical engineering services

Electrical engineering systems

Technical support services

Construction

Construction equipment and drilling services

Construction projects A, B and C

International projects

LHWP

Dam contracts

Tunnel contracts

International liaison

International relations

Dam safety office

Scientific services

Hydrology

Hydrometry

Water resources studies

Network services

Flood studies

Hydrological data quality

Hydrological data management

Geohydrology

Ground water information

Geohydrological information

Groundwater resource assessment

Groundwater studies

Geomatics

Land information

Photogrammatry

Specialised surveys

GIS (data management)

Regions

Social and ecological services

Institute for water quality studies

Analytical services

Water quality monitoring

Information systems development

Water resource quality assessment

Water use and conservation

Water utilization

Operation systems

Irrigation

Water loss control

Water apportionment

Water pricing

Stream flow reduction allocation

Water quality management

Urban development and agriculture

Mines

Waste management

Management systems

Water conservation

Catchment management

Working for water

Table 3.2Structure and organization of the Water Services Chief Directorates, Directorates and Sub-Directorates as at 1 September 2001.

Chief directorate

Directorate

Sub-directorate

Water services

Macro planning and information support

Macro planning head office

Information support

Local development planning

Local institutional and social development

Water institutions support

Sanitation support

Technical support

Training and capacity building

Project development support

Business plan appraisals

Development support

Contract administration support

Donor co-ordination

Intervention and operations support

Commercial services

Water services regulatory intervention

Operation and maintenance support

Policy co-ordination and communications support

Table 3.3Structure and organization of the Forestry Chief Directorates, Directorates and Sub-Directorates as at 1 September 2001.

Chief directorate

Directorate

Sub-directorate

Forestry

Forestry policy

National planning

Technology and information

International liaison

Community forestry

Policy and planning

Technical assistance

Commercial forestry

Production

Processing

Harvesting/mechanical

Forestry northern regions

Northern area

Mpumalanga

Corporate services

Forestry southern regions

Commercial forestry east griqua

Commercial forestry matiwane

Commercial forestry kei area

Community and conservation forestry western cape area

Community and conservation forestry umzimvubu area

Corporate services

Forestry central regions

Commercial forestry marketing and processing

Commercial forestry KZN northern region

Conservation and community forestry central regions

Corporate services

Indigenous forest management

Conservation forestry scientific services

Operations

Legislation implementation

Forestry regulations

3.1.1 Water Resource Management functions and activities

The historical focus of the Water Resources Management Branch has been on the development of systems to store and transport water. This included the construction and operation of large dams, tunnels and pipelines, and the local construction of systems of weirs, pump stations and irrigation canals. In recent years, the Water Resources Management focus has changed from constructing major structures to alleviating water shortages and to a more balanced approach of equity in access to water, as well as to water conservation and demand management (DWAF, 2001).

The Water Resources Management Branch is mandated by the National Water Act (NWA) (Act No. 36 of 1998) to ensure that South Africas water resources are protected, used, developed, conserved and controlled in an integrated, sustainable, equitable, efficient and optimal manner, to the benefit of all persons.

From a broad environmental perspective, the Water Resources Management Branch functions can be divided into those that impact on the environment and those related to managing the environment. Impacting functions include water resource infrastructure planning, development and operation, while managing functions include policy and strategy development, water resource protection and regulating water use.

3.1.1.1 WRM Impacting Functions

Water Resource Infrastructure Planning, Development and Operation

This function entails the implementing actions related to the management and development of water resources and involves the planning, design, implementation and operation of water resources infrastructure and intervention programmes, to ensure sufficient water availability of adequate quality (DWAF 2001).

The infrastructure of large dams, canals, tunnels, pump-stations and pipe-lines required to ensure the reliable abstraction and availability of bulk unpurified water supplies is referred to as water resource management (WRM) infrastructure (DWAF 2001).

The purification works, pump-stations, reservoirs, pipelines and reticulation networks required to carry purified water from bulk raw water sources to the individual domestic and industrial end-users, are referred to as water services (WS) infrastructure (DWAF 2001). Such infrastructure ensures that the availability of water is not interrupted or uncertain.

Although the broader objective of the implementation and operation of WRM infrastructure is of benefit to society at large, it impacts on the environment. These impacts are addressed via environmental impact assessments and related procedures and the subsequent development and implementation of environmental management plans in co-operation with the National DEAT and its provincial counterparts (DWAF 2001).

3.1.1.2 WRM Managing Functions

The NWA mandates National Government as the public trustee of the countrys water resources and states that water resources are a national asset to be utilised in the best interests of all citizens in a sustainable manner to guarantee the needs of future generations (DWAF 2001).

The needs of the environment are also guaranteed in the Act, flowing from the Constitutional right of all to a safe, healthy environment. This means that Government is tasked to ensure that water resources, as well as water users, are protected (DWAF 2001).

Water resources are protected through Chapter 3 of the NWA and water use is controlled and regulated through Chapter 4 of the Act, which outlines permissible water use and all matters pertaining to authorisation of water use (DWAF 2001).

Policy and Strategy Development

This function entails developing coherent policies, strategies and regulatory frameworks for other functions to implement, and includes:

Long-term strategic planning and visioning for the WRM function;

Developing legislation and regulations, ensuring coherence and integration;

Developing the National Water Resource Strategy, e.g. undertaking water situation assessments, developing and applying a National Water Balance Model, and developing national scenarios for reconciling water requirements with available resources;

Developing Catchment Management Strategies, which include water use allocation plans, at a regional or water management area level;

Developing methodologies and guidelines for WRM;

Financial planning and business planning for the WRM function;

Formulating the organisational roles and responsibilities of water institutions; and

Formulation of the national pricing strategy for water use.

Water Resource Protection

The water resource protection function is fundamental to the new approach to water resource management and compliance with sustainability principles. This function includes the following components:

1. Implementing Resource Directed Measures (RDMs). These measures focus on the water resource as an ecosystem rather than on just water itself as a commodity. They serve as tools to determine the sustainable levels of water use. The following RDMs are specified by the NWA:

A national classification system for water resources;

Determining the Reserve; and

Setting Resource Quality Objectives (RQOs).

2. Implementing Source Based Controls (SBCs). SBCs are used to control the sources of impacts in such a way that any impact on a water resource does not exceed the requirements set by the RDMs. They include the following measures:

Standards to regulate the quality of waste discharges to water resources;

Requirements for on-site management practices (e.g. to minimise waste at source and to control diffuse pollution);

Requirements to minimise impacts of water use generally, not just water quality aspects; and

Requirements for clean-up and rehabilitation of water resources that have already been polluted.

These measures are implemented, inter alia, through their incorporation in licence conditions.

Other protection measures include economic incentives to foster the development of low-waste and non-waste technologies. These measures also include mandatory and voluntary water conservation and demand management (WC/DM).

WC/DM strategies will form part of the National Water Resource Strategy as prescribed in the NWA and will identify national objectives and goals that will lead to the development of action plans and key measures to be implemented by the various water institutions.

DWAFs role in the above is to:

Promote institutionalisation of WC/DM;

Develop policies, strategies and regulations;

Integrate WC/DM in DWAFs other relevant functions;

Undertake capacity building, awareness creation and communication activities; and

Monitor and evaluate compliance and performance.

Regulating Water Use

This function comprises giving effect to the policies, strategies, frameworks, plans and regulations for managing the use of water resources, and includes:

Authorising and registering water use

Section 21 of the NWA lists eleven broad categories of water use, including water abstraction and storage, waste discharges and disposal, and instream activities.

Authorisation of water use (through general authorisations and licences etc.) is a mechanism that will enable the Department to give effect to the principles of sustainable utilisation of water resources.

Registration of water use is conducted prior to authorising water use, and is one of the highest priority actions currently being undertaken by the Department as part of the implementation of the national water policy (DWAF 2001).

Waste management

This component deals with the permitting of waste disposal sites as required by Section 20 of the Environment Conservation Act (Act No. 73 of 1989) (ECA). DWAF has been acting as an agent to DEAT in the permitting of waste disposal sites. The two departments signed a co-operative agreement on 4 February 2000, whereby DWAF will continue to act on behalf of DEAT.

Setting and collecting water use charges

Table 3.4Details of Water Resource Management functions and activities (DWAF 2000)

Responsible Chief Directorates

Functions

Activities

Planning

Determine the availability of water resources, project future water requirements, and identify structural and non-structural options to reconcile water requirements with available resources

Undertake water situation assessments for 19 water management areas

Develop the National Water Balance Model

Develop national scenarios for reconciling water requirements with available resources

Undertake international joint studies on the Limpopo, Inkomati and Maputo river basins

Undertake catchment planning studies and provision of inputs to Catchment Management Strategies

Investigate management and development solutions for bulk water supply problems, and recommend measures to be taken in the public interest

Ensure progress on joint pre-commitment study with Lesotho on Lesotho Highlands Water Project (LHWP) Phase II

Complete joint pre-feasibility study with Namibia on the Lower Orange River

Complete Phase 2 of the Mooi-Mgeni Transfer feasibility study

Complete Thukela-Vaal Water Transfer feasibility study

Complete Eastern Highveld System Augmentation feasibility study

Complete Southern KwaZulu-Natal pre-feasibility study.

Review, amend and revise existing internal policies, develop new internal policies and implementation strategies, and analyse the implications of externally-developed policies and legislation

Prepare the National Water Resource Strategy

Establish Departmental disaster management structures

Co-ordinate municipal water management software (Muniwater)

Participate in the South African Rainfall Augmentation Project

Ensure progress on feasibility studies for the National Water Utility

Co-ordinate strategies to implement the National Water Act

Develop, implement and maintain appropriate and cost-effective information systems and information technology infrastructure, and support information technology users

Ensure web-enabling of the Water Quality Management System

Complete the hard-rock module of the National Groundwater System

Complete the supply and demand module of Muniwater

Complete the Regional Office support module of the Water Supply and Sanitation Information System

Complete the Spatial Data Engine (SDE) component of the Integrated Water Management System

Ensure progression of the Water Authorisation Management System Second Release

Complete the Afforestation Permit System

Development

Undertake civil design for the development of water resources and the surveillance of state dams

Design dams and betterments

Design canal systems and betterments

Design regional water supply schemes

Administer civil contracts

Undertake dam safety evaluations

Provide professional services to other Directorate.

Provide technical support services

Undertake mechanical / electrical and electronic design and professional services for the betterments to, and maintenance of, water works

Undertake design and implementation

Provide professional services towards the betterments to and maintenance of projects

Implement and monitor the Occupational Health and Safety Act in the Department

Construct water works and support services in respect of drilling services, workshops and construction machinery

Construct Dams

Construct Weirs

Reconstruct existing schemes

Construct Water Treatment Plants

Construct community Water Supply Schemes

Safeguarding of dams

Provide support services in respect of drilling and workshop, and the purchase, refurbishment and management of capital equipment

International Projects

Facilitate the implementation of the Lesotho Highlands Water Project (LHWP)

Formulate policy and procedures for implementation

Consider budgets

Consider claims and variation orders

Negotiate agreements

Resolve disputes and maintain good working relations at LHWC level

Promote the image of the LHWP

Advise Senior Management

Monitor project implementation

Facilitate the implementation of the Komati River Development Project

Facilitate, advise and monitor implementation of Komati River Development Project

Investigate social and development programmes to be linked to above capital development

Facilitate good relations between the Department and external bodies and other countries

Formulate policy, strategy and procedures

Coordinate participation in Southern African Development Community Water Sector activities

Facilitate contact with foreign delegations

Facilitate activities of bi-national and multi-national Committees / Commissions

Facilitate contact with donors

Monitor implementation (for compliance) of Agreements with other countries / donors

Provide secretariat services

Maintain database

Enhance safety of dams in South Africa

Classify and register dams.

Consider applications for licences (permits) to construct, alter, impound, abandon dams

Manage dam safety inspection programme

Address shortcomings at dams

Revise dam safety regulations

Audit status of dam safety

Scientific Services

Monitor and assess water resources

Maintain national and regional resource monitoring networks

Maintain water resource and related databases, digital cartographic data and geo-spatial data systems

Provide scientific and technical support for water resources management

Assess license applications

Implement Resource Directed Measures

Provide analytical laboratory services

Undertake water quality assessments

Provide geohydrological service

Provide survey and mapping service

Provide hydrological service

Provide environmental service

Undertake special surveys

Undertake development in support of water resources management

Develop information systems and tools for implementation of provisions and requirements of the National Water Act

Develop resource monitoring and assessment strategies

Water Use and Conservation

Facilitate and co-ordinate catchment management and institutional development

Facilitate establishment of Catchment management Agencies (CMAs)

Transform irrigation boards (IBs) to Water User Associations (WUAs), and establish new WUAs

Build catchment management capacity nationally

Monitor and audit catchment management, and develop information systems

Promote and institutionalise water conservation and water demand management (WC / DM)

Develop policies, strategies and regulations

Integrate WC / DM into all relevant departmental functions

Undertake education, capacity building, awareness creation, marketing and communication activities

Provide support to water services institutions

Develop sectoral WC / DM strategies: Mining, Power and Industry, Agriculture and Forestry

Undertake monitoring and evaluation

Promote international Cupertino

Promote equitable allocation, and beneficial and sustainable utilisation of water resources

Promote efficient use of water for irrigation

Implement raw water pricing strategy

Review catchment and systems operation

Promote water loss control in bulk water systems

Develop strategic framework for stream flow reduction activities

Register and authorise water use: water abstraction and storage.

Promote integrated sustainable protection and management of the water quality of water resources

Develop water quality elements of NWRS

Develop policies and strategies for water resource protection

Develop pollution prevention strategies, guidelines and support

Review licensing procedures

Develop pricing strategy for waste discharges and provide financial assistance for water quality protection

Monitor, audit and assess Regional offices

Promote sustainable control of invading alien plant species

Clear invasive alien vegetation and maintain cleared areas

Develop bio-control methods

Develop legislative tools

Raise awareness of the negative impacts of invading alien plants

3.1.2 Water Services

While the responsibility for ensuring the provision of services to communities in an equitable and sustainable manner falls on Local Government (Section 152 [1] of the Constitution), Section 155 gives National Government (DWAF) the legislative and executive authority to ensure that Local Government provides adequate and effective water services to communities (DWAF 2001).

In this context, the Department currently performs the following functions in terms of water services delivery:

DWAF is the custodian and regulator of water service delivery, in terms of an interim Cabinet mandate (managing function);

Implementation of projects in the rural areas due to the lack of capacity and backlog of service provision by Local Government (impacting function); and

Operation and maintenance of inherited schemes from the former homelands.

The future long-term role of the Department will be to monitor and regulate basic and high-level water services for both rural and urban areas (DWAF 2001).

As for the Water Resource Management functions, DWAF's Water Services (WS) functions can be divided into those that impact on the environment and those that manage the environment.

3.1.2.1 WS Impacting Functions

Project Development and Implementation

This function includes the following components:

Sustainable implementation of the water and sanitation capital programme via development and implementation of water services business schemes; and

Co-ordination with other infrastructure programmes (DWAF 2001).

Implementation of the above programmes is controlled through a decision making process. All potential negative impacts of these programmes are highlighted by feasibility studies and environmental impact studies, which are conducted for all sanitation projects and are the responsibility of District Councils management (DWAF 2001).

Operation and Maintenance of Schemes

This function includes the following components:

Operating and maintaining water and sanitation schemes from the former homelands; and

Transferring of works to Water Services Authorities (WSAs) and providing them with technical, commercial, institutional and regulatory support.

3.1.2.2 WS Managing Functions

The following DWAF functions manage the environment and mitigate significant impacts on the environment. These functions support the DWAFs custodianship role mandated by the Constitution and the Water Services Act (Act No. 108 of 1997).

Water Services Planning

The Department is responsible for overseeing national planning for water services. This function includes:

Overseeing and the effective planning for sustainable water services provision on a national, provincial, regional, and local government, planning, project and scheme level;

Developing and maintaining a framework for effective project and scheme selection;

Assisting the WSAs to develop a planning culture and assisting them in the preparation of their Water Services Development Plans (WSDPs); and

Developing an appropriate sanitation programme in co-ordination with, amongst others, the National Sanitation Co-ordinating Office (DWAF 2001).

Developing and Maintaining Policy and Strategy

This entails the development of coherent policies, strategies and frameworks to create an enabling environment for the water services sector. It also includes developing the tools required to support and regulate the water services sector, e.g.:

Norms and standards for tariffs;

Compulsory national standards for water services;

Model contracts and bylaws; and

Development of policies, guidelines and regulations (DWAF 2001).

Regulation and Intervention

The Water Services Act was promulgated to provide a supportive regulatory structure for the provision of water services by clearly defining the roles and responsibilities of the different sector institutions. Even though the Department currently performs a dual function (being both manager and implementer), the future role of the Department, in terms of water services, will change to that of monitoring and regulation (DWAF 2001).

Monitoring and Auditing

The Department is responsible for developing and maintaining systems that will provide information to the WSA, the Water Service Provider (WSP) and other water services institutions. Examples of such systems and databases are:

The National Information System (an umbrella system), required by both the NWA and the Water Services Act. This system enables understanding, alignment, integration and sustainable development in addition to monitoring the performance and compliance of the water services sector, as well as national water resources;

The Monitoring and Evaluation system. In line with the requirements of the Water Supply and Sanitation White Paper (DWAF 1994), it was essential to develop an effective Monitoring and Evaluation system (M&E) which ensures that all projects meet the required standards and that the goals of the White Paper are met; and

A monitoring system for WSDPs (this system has been developed and is operational along with a database on Local Governments and their WSDPs) (DWAF 2001).

Table 3.5Details of Water Services functions and activities (DWAF 2000)

Responsible Chief Directorates

Functions

Activities

Water Services

Ensure effective planning for sustainable water services provision

Oversee national planning for water services establish and maintain national, provincial and regional water services strategies

Support water services development planning (WSDP) processes through

Further developing WSDP framework and process, and

Continuing to support the development of WSDPs

Support project selection and scheme planning for next round of projects through the development of appropriate systems

Create national information systems and related monitoring and evaluation systems

Ensure effective implementation of the capital programme for water and sanitation services provision

Support Regional staff in sustainable implementation of water and sanitation capital programme in terms of

functions decentralised and training received,

defining scope of work for Institutional and Social Development staff,

developing contractual documentation,

defining scope of work for Project and Programme managers,

implementation of Build, Operate, Train and Transfer (BoTT) process,

refining design guidelines,

ensuring management support,

ensuring capital budget allocation,

establishing policy for budget allocation to WS, sanitation, manage and BoTT, and

developing multi-year programme to enhance sanitation infrastructure development.

Facilitate external funding and promote the capital development programme to donors, and concessionary and commercial financiers in order to access funding

Develop and implement a monitoring and evaluation system through creation of Capital Programme Monitoring and Evaluation (M&E) Unit at Head Office and in the Regional Offices, and through ongoing evaluation studies

Co-ordinate with other infrastructure development programmes through

ongoing bi-laterals with other departments and the Policy Unit of the Presidency,

reviewing of implementation strategy on impact of poverty alleviation, and

participating in SDI initiatives.

Enhance business planning process by

establishing / empowering Regional Appraisal committees,

identifying gaps between policy and implementation by examining Business Plans (BPs) with budget > R30m, and

communicating documentation.

Provide assistance to water services institutions in developing capacity to fulfil their obligations in terms of the Water Services Act, and ensure the integration of sanitation issues into all planning and implementation processes

Monitor performance of water boards through

assessing technical, legal, financial, and institutional performance,

evaluating BPs and policy statements,

integrating water board (WB) activities with WSDPs, and

establishing/disestablishing WBs, as required.

Develop capacity building and training (CB&T) approaches and strategies for local government through

providing institutional support / capacity building services,

developing a support system to provide advice to WSAs through Regional departmental offices, and

liaising with institutions working in the local government and capacity building sector.

Provide technical and financial support through

approving subsidies to local authorities,

supporting evaluation of Consolidate Municipal Infrastructure Programme (CMIP) applications,

supporting the preparation of guidelines for engineering services for implementation and operation of community water supply and sanitation (CWSS) for human settlements,

supporting the development of WSDP guidelines, and

advising on refurbishment of transfer schemes and water loss programmes.

Develop an appropriate sanitation programme in co-ordination with National Sanitation Co-ordinating Office through :-

supporting policy development and guidelines for implementation of the rural programme,

advocating for and developing the health and hygiene programme,

supporting Regions to implement programme, and

developing appropriate M&E tools, and ensuring evaluations and alignment with CWSS M&E system.

Provide technical, commercial, institutional and regulatory support to water services institutions to ensure water services works and systems give rise to sustainable water services

Develop tools, policy, guidelines and regulations to support a business approach to water services.

Facilitate and support institutional arrangements for viable water services providers for sustainable operations.

Provide technical expertise to support improved efficiency (including water loss management, Operation and Maintenance promotion, and improving water quality).

Develop policy and strategy in respect of the Water Services Regulator.

3.1.3 Forestry

DWAF forestry functions include managing commercial and indigenous forests, providing community forestry services, and providing the policy and regulatory framework for the forestry sector.

As for both the Water Resource Management and Water Services functions, DWAF's forestry functions can also be divided into those that impact on the environment and those that manage the environment.

3.1.3.1 Forestry Impacting Functions

Forestry functions that impact significantly on the environment include facilitating and supporting community forestry and the development of the industrial/commercial forest sector. It should be noted that these functions have both management and impacting dimensions and that their focus will gradually shift towards that of regulation and management.

Facilitating and Supporting Community Forestry

DWAF community forestry facilitation and supporting functions include:

Managing DWAF-owned woodlots;

Managing the process of devolving ownership, control and management of woodlots to communities;

Supporting the development of new afforestation, both commercial and for community needs in accordance with the NWA;

Promoting the sustainable use of natural forest and woodland resources by working in partnership with Local Government and other service providers;

Assisting Local Government in the development of the urban forestry aspects of urban greening;

Supporting Local Government and other service providers in working with communities to develop sustainable rural livelihoods; and

Providing information and promoting the implementation of appropriate legislation, particularly the NVFFA.

Industrial/Commercial Forest Sector Development

This function entails ensuring the sustainable, profitable and scientific management of State forest timber plantation areas and participation in general business matters pertaining thereto. Further commercial forestry functions include:

Promoting the sustainable development of the wider industrial forest sector;

Achieving an agreed basis for managing the impacts of forest sector development on water resources and the environment;

Promoting value addition to the industrial forest sector;

Assisting South Africas industrial forest sector to realise its full potential in global markets;

Promoting the participation of small-scale growers in the forest sector;

Development of appropriate timber-products standards for South Africa; and

Regulating negative impacts of industrial forestry and create conditions for positive impacts.

3.1.3.2 Forestry Management Functions

Sustainable Management of Natural Forests

This function entails ensuring the conservation, optimal utilisation and scientific management of State forest conservation areas and participation in general nature conservation matters and includes:

Actively managing all assets in a participatory manner through, for example, developing a National indigenous forest database and management plans for all indigenous forests;

Issuing licences and facilitating community use within a framework for Participatory Forest Management. The current licensing/permitting system for access and use of state forests is, however, still based on the old Forestry Act;

Overseeing Provincial forests as well as delegations and assignments based on environmental management audits; and

Undertaking ongoing research, observations and rehabilitation.

Fire Management

This function includes aspects such as:

Developing and maintaining a fire danger rating system;

Developing a framework for and forming fire protection associations as well as registering these associations;

Developing and maintaining a framework for fire information and statistics;

Undertaking National public awareness campaigns; and

Providing advice to communities (DWAF 2001).

Table 3.6Details of Forestry functions and activities (DWAF 2000)

Responsible Chief Directorates

Functions

Activities

Forestry

Manage and later sell/lease remaining commercial (Category A and B) plantations

Category A plantations are regarded as the most commercially viable plantations

Category B plantations are considered to be potential vehicles for local and regional entrepreneurial development

Transfer Category A forests

Transfer and re-deploy Category A employees

Prepare Category B forests for sale

Negotiate with unions on labour consequences

Offer Category B plantations

Transfer Category B forests

Transfer and re-deploy Category B employees

Oversee the lease on state forest land

Establish Forestry Land Management Unit

Establish systems for lease management

Implement lease management on all leased forests

Manage and later devolve community woodlots

Manage woodlots actively

Establish database and strategy for each woodlot

Devolve to community ownership and/or benefit wherever possible

Negotiate with unions on labour consequences

Provide services to communities in forestry related matters

Undertake urban greening initiatives

Undertake rural livelihood interventions and greening

Explore new afforestation through corporate public-private partnerships (CPPPs) and joint ventures

Provide woodland advice

Plan for Arbor Week

Manage indigenous forest areas and oversee management of forests delegated or assigned to provinces

Actively manage all assets in a participatory manner

Issue licences and facilitate community use

Oversee provincial forests

Undertake ongoing research, observations and rehabilitation

Regulate forestry through the National Forests Act

Promulgate all sections of the Act

Publish regulations

Establish all regulatory systems under the Act

Provide appropriate licences

Regulate fire management in forestry, agriculture and rural land through the National Veld and Forest Fire Act

Develop Fire Danger Rating System (FDRS)

Develop framework for Fire Protection Associations (FPAs)

Develop framework for fire information and statistics

Implement systems

Undertake public awareness campaigns

Develop and review Forestry policy and support information and research on forestry

Provide information and statistics on SA forests

Undertake research on environmental, economic, social aspects of Forestry

Undertake ongoing policy development

3.2 Environmental legislation and policy overview

3.2.1 Environmental laws, other than those administered by DWAF, which may have an influence on activities undertaken by DWAF in the execution of their statutory mandate

The vision for DWAF in terms of compliance with environmental legal compliance is primarily achieved through the functions and services of the Departments three core branches namely:

Water Services

Water Resource Management and;

Forestry

While the responsibility for ensuring the provision of services to communities in an equitable and sustainable manner falls on Local Government , Section 155 gives National Government (DWAF) the legislative and executive authority to ensure that Local Government provides adequate and effective water services to communities.

3.2.1.1 Water Services

The purpose of the Water Services Act NO 108 of 1997 is to provide legislative significance to water service provision.

The main objectives of this Act are to provide for : (Source: - Section 2 Register of Environmental Laws)

(a)the right of access to basic water supply and the right to basic sanitation necessary to secure sufficient water and an environment not harmful to human health or well-being;

(b)the setting of national standards and norms and standards for tariffs in respect of water services;

(c)the preparation and adoption of water services development plans by water services authorities;

(d)a regulatory framework for water services institutions and water services intermediaries;

(e)the establishment and disestablishment of water boards and water services committees and their duties and powers;

(f)the monitoring of water services and intervention by the Minister or by the relevant Province;

(g)financial assistance to water services institutions;

(h)the gathering of information in a national information system and the distribution of that information;

(i)the accountability of water services providers; and

(j)the promotion of effective water resource management and conservation.

The water services act which is administered by DWAF currently makes provision for 55 activities, roles and functions of DWAF. The mandate for these functions are fulfilled by the chief directorates and subsequent directorates below.

3.2.1.2 Water Resource Management

The water resource management branch is mandated by the National Water Act (NWA) No. 36 of 1998. The Act ensures that South Africas water resources are protected, used, developed, conserved and controlled in an integrated, sustainable, equitable, efficient and optimal manner to the benefit of all persons.

Some of the important activities, roles and functions administered by DWAF in terms of the NWA include the following : (Source : section 2 Register of laws

A) Establishment of a national water resource strategy Sec 5 (1) and (3) obliges the minister to establish a national water resource strategy in accordance with which the water resources of the country must be protected, used and controlled.

B) Establishment of catchment management strategy- Sec 8 (1) obliges CMAs to establish catchment management strategies for the management and control of water resources within its water management area. It is important to note that catchment management strategies may not be in conflict with the national water resource strategy.

C) Developing a classification system for SAs water resources - Sec 12 (1) obliges the Minister to prescribe a system for classifying water resources. The system for classifying water resources should establish guidelines and procedures for determining different classes of water resources.

D) Exercising any power or performing any duty in terms if the NWA Sec 15 allows for DWAF as well as any other organ of state and a water management institution, when exercising any power/ duty in terms of the Act, must give effect to any determination of a class of a water resource and the resource quality objective.

E) Determination of the reserve- Sec 16 (1) obliges the Minister to determine the reserve after fixing the class and resource quality objectives.

F) Enforcing pollution prevention measures- Sec 19 imposes pollution prevention obligations on landowners, persons in control of land and those occupying land on which situations exist which cause, have caused or may in the future cause pollution on a water resource

G) Licensing of water use Sec 21 describes all aspects of water use that require the responsible authoritys consent. Sec 22 (1) describes the circumstances under which a licence for water use listed in section 21 is not required. Sec 22 (4) empowers DWAF to promote arrangements with other organs of state to combine their respective licence requirements into a single licence requirement.

H) Making regulations on water use Sec 26 describes the types of regulations that DWAF may make in order to achieve the purpose of the Act.

I) Regulating stream flow reduction activities Sec 36 defines stream flow reduction activities and enables the Minister to declare additional activities as stream flow reduction activities from time to time.

J) Power to expropriate land for the purposes of the Act Sec 64 enables the Minister of Water Affairs or a water management institution authorised by the Minister in writing, to expropriate property for any purpose contemplated in the Act, provided that purpose is a public purpose or is in the public interest. The provisions of the Expropriation Act of 1975 must guide such expropriations.

K) Seeking assistance with the implementation of international agreements Sec 102 enables the Minister to establish a body to implement and international agreement entered into by the SA government relating to water resource. The information that must be contained in the notice of establishment (to be published in the Government Gazette) is listed in Sec 103.

L) Considering the continued existence of international implementation bodies established prior to the commencement of the Act - Sec 108 provides for the continued existence of existing international implementation bodies.

M) Development of national monitoring systems Sec 137 imposes an obligation on the Minister to establish a national monitoring system to assess the quantity, quality, use, rehabilitation and compliance with resource quality objectives, as well as the health of aquatic ecosystems.

N) Development of National information systems Sec 139 imposes an obligation on the Minister to establish a national information system regarding water resources. The information system may include, amongst others,

1. a hydrological information system;

2. a water resource quality information system;

3. a groundwater information system; and

4. a register of water use authorisation

The summary of activities presented above is by no means a comprehensive overview of the various roles and responsibilities administered by DWAF. A synthesis of these issues ie. functions and activities conducted by DWAF is provided in chapter 3. The focus of this chapter is to highlight the water resource management issues that are impacting on water use with regards to planning, development, international projects, scientific services and water use and conservation within DWAF. Other critical issues include the policy and strategy developments as well as water resource protection. It should be unequivocally stated that DWAF has over the past few years managed to incorporate many of its environmental management objectives and has been instrumental in striving towards sustainable water resource management. Some of the points to note has been an increases understanding of the water resource base , management imperatives that impact or potentially impact and ensuring environmental considerations are not neglected in planning and development initiatives.

3.2.1.3 Forestry

The forestry sector within DWAF is mandated and governed by the legislative significance provided by the National Forests Act No 84 of 1998. The purpose of this Act is to :

The purposes of this Act are to-

(a)promote the sustainable management and development of forests for the benefit of all;

(b)create the conditions necessary to restructure forestry in State forests;

(c)provide special measures for the protection of certain forests and trees;

(d)promote the sustainable use of forests for environmental, economic, educational, recreational, cultural, health and spiritual purposes;

(e)promote community forestry;

(f)promote greater participation in all aspects of forestry and the forest products industry by persons disadvantaged by unfair discrimination.

DWAFs forestry activities, roles and functions include some of the following key issues:

The exercise of any power or the performance of any duty in terms of this Act;

The development and implementation of government policies affecting forests;

The exercise of any power or the performance of any duty in terms of any other legislation where the exercise of that power or the performance of that duty will impact on a natural forest or woodland;

The issuing of a license or other authorisation relating to the use of water for afforestation or forestry in terms of section 39(1) or 40(1) of the National Water Act, 1998; and

Carrying out an environmental impact assessment in respect of any activity which will or may have an effect on natural forests or woodlands.

Promoting and enforcing sustainable forest management

Promotion of research

Monitoring forests

Enforcing the prohibition on destruction of trees in natural forests

Declaring & managing land as

(i) a forest nature reserve;

(ii) a forest wilderness area; or

(iii) any other type of protected area which is recognized in international law or practice

Declaration of trees as protected

Controlling and remedying deforestation

Granting access to State forests for recreation, education, culture or spiritual fulfilment

Granting servitudes in State forests

Leasing of State forests

Negotiating agreements to sell forest produce in State forests

Establishment of institutions

Enforcing the Act

Other associated legislation linked with the forestry sector include the National Veld and Fires Act No 101 of 1998. The purpose of the Act is to prevent and combat veld, forest and mountain fires throughout the Republic. The forestry sector has also recognised the need to fulfil its mandate with giving environmental considerations to all of its proposed plans and developments.

3.2.2 Environmental laws administered by DWAF

Section 2 identifies all the environmental laws that could potentially influence DWAF in the execution of its statutory mandate, these include:

Constitution of 1996;

Atmospheric Pollution Prevention Act 45 of 1965;

Public Health By-laws and Regulations;

National Building Regulations and Building Standards Act 103 of 1977;

Environment Conservation Act 73 of 1989;

Advertising on Roads and Ribbon Development Act 21 of 1940;

Occupational Health and Safety Act 85 of 1993;

Hazardous Substances Act 15 of 1973;

Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947;

National Road Traffic Act 83 of 1996;

Municipal by-laws relating to flammable substances;

Health Act 63 of 1977;

National Parks Act 57 of 1976;

Conservation of Agricultural Resources Act 43 of 1983;

Provincial Nature Conservation Ordinances;

Lake Areas Development Act 39 of 1975;

Mountain Catchment Area Act 63 of 1970;

National Heritage Resources Act 25 of 1999;

Planning laws;

Promotion of Access to Information Act 2 of 2000;

Water Services Act 107 of 1998;

National Water Act 36 of 1998;

National Forests Act 84 of 1998; and

National Veld and Forest Fire Act 101 of 1998.

Table 3.7 depicts the activities roles and functions of DWAF, as well as the legal requirements to administer their statutory mandate. (Source : Section 1)

Table 3.7Legal requirements for DWAF to administer statutory mandates

LEGAL ISSUES, FUNCTIONS AND ACTIVITIES

LEGAL REQUIREMENT

ATMOSPHERIC POLLUTION

Control of noxious or offensive gases

Smoke control

Dust generation during the construction and demolition of structures, roads, etc and when installing or refurbishing pipes

Vehicle emissions

Impacting on the health/well-being of people working or living in the vicinity of DWAF operations

Penalties for air pollution

WASTE MANAGEMENT

Disposal of waste to permitted landfill sites

Littering

Asbestos waste

Disposal of empty pesticides/herbicides containers

Disposal of waste that may impact on water resources

Disposal of hazardous chemical waste

HAZARDOUS WASTES

Identification, classification and handling of hazardous chemical substances

Use of herbicides and pesticides

Major hazard Installation

Transportation of hazardous substances (including off-loading)

Storage & handling of flammable liquids and substances

WATER CONSUMPTION AND DISPOSAL

Prevention and remedying the effects of pollution

Control of emergency incidents

Licensing requirements for water use

Purification and disposal of water used for industrial purposes and effluent

Wastage of water (water balance)

Dams with a safety risk

Water care works

Wilful or negligent pollution of water by DWAF employees

Water supply and sanitation services

Storm water discharges into drainage installations

Water use rights of landowners riparian to streams/rivers falling within national parks

DWAF-owned land under irrigation

Diverting run-off water from one water resource to another

Obstructing the natural flow pattern of water

NOISE

Noise presenting a nuisance to others

Noise that may present a risk to health of others

FAUNA & FLORA (INCLUDING PROTECTED AREAS AND NATIONAL HERITAGE RESOURCES)

Damage to rare/endangered plant species

Cultivation of land with a slope (forestry)

Erosion caused by the action of wind and water

Rehabilitation of disturbed land

Combating of weeds and invader plants

Prevention of veld fires from land owned or controlled by DWAF

Activities in/near protected lake areas

Activities in/near protected mountain catchment areas

Discovering areas of potential special significance to the public

THE PLANNING OF NEW

ACTIVITIES

Planning of new activities that may detrimentally impact on the environment

Considering the location of new dams, forest and any infrastructure developments

GENERAL OBLIGATIONS THAT MAY INFLUENCE ENVIRONMENTAL MANAGEMENT

Enforcement of the laws administered by DWAF

Responding to requests for environmental information

DWAF actions that may significantly affect the environment. Decisions concerning the protection of the environment. Development of environmental management implementation plans

Functions of the Committee for Environmental Co-ordination, of which DWAF is a member

Development, submission & publication of an environmental implementation plan and an environmental management plan

Compliance with environmental implementation plans and environmental management plans

Differences or disagreement arising in the exercise of DWAFs functions. Decisions involving the Development Facilitation Act 67 of 1995

DWAF activities that require authorisation or permission by law which may significantly affect the environment. Activities authorised by DWAF which may significantly affect the environment

Receiving requests for information from the Minister of Environmental Affairs and Tourism

Compulsory environmental protection measures and methods

Protection of workers refusing to do environmentally hazardous work

Emergency incidents

Increased exposure to litigation

Section 2 highlights the laws which are not currently administered by DWAF. The table also indicates those laws which need to be further expanded upon and the DWAF mandate to fulfil these laws will depend on the interpretation and compliance with these laws in the future.

Many of the legal requirements outlined above are governed by legislation for eg the Atmospheric Pollution Prevention Act as well as many other pieces of environmental legislation. The key mechanism to implement efficient and effective regulation and legal compliance of these issues will be the need to source out the management structures ie. (the directorates within DWAF) which will be mandated to research possible future developments of these laws and provide existing knowledge of issues which have not been incorporated as yet. A comprehensive and in depth analysis such as that conducted with the existing laws administered by DWAF will be beneficial in compiling an overall registry of environmental laws which are applicable to DWAF presently as well as in the near future. However, the inventory is by no means a complete assessment of DWAF environmental obligations but rather a start point which should be periodically reviewed and revised.

3.2.3 International conventions, common law and important legislative developments that may influence DWAF

South Africa has become a signatory to variety of international agreements relating to the environment, the more important of which are highlighted below. These conventions impose specific environmental management requirements and obligations on the South African government. Although DEAT is responsible for administering and implementation of these conventions, DWAF needs to identify and highlight opportunities for co-operation with a view to assisting DEAT in the successful implementation of the Countrys obligations.

Table 3.8International conventions and agreements for which DWAF is responsible

Aims and Objectives of Conventions and Agreements

Profile in South Africa

Summary of relevant provisions of the Convention

Convention of Biological

Diversity

DWAF area of Application :Forestry

The objective of this convention is to achieve international co-operation on the conservation of biological diversity

Convention emphasises the fact that natural resources are the property of individual countries,

Decision making powers lie at the national level.

South Africas response to requirements is contained in the White Paper on the Conservation and Sustainable use of South Africas Biological Diversity.

Policy has not yet been translated into legislation and organs of state are bound by the provisions of the White Paper.

White paper outlines policy and strategy and divided into various sections and focuses on 6 goals

Convention places duties on all parties to conserve biological diversity within their jurisdiction in the case of processes and activities under their control

Requires co-operation between parties in preserving diversity out of national jurisdiction

Parties should exchange information and consult on national projects likely to

have adverse impacts on biological diversity

Montreal Protocol

(Protection of the Ozone layer)

DWAF area of application : Water treatment works and possibly forestry

The protocol is aimed at the protection of the ozone layer

Major substances to be regulated under the protocol include:

1) CFCs

2) halons

3) methyl chloroform

4) carbon tetrachloride

5) HFCs and methyl bromide

South Africa has been reclassified under the protocol as a developing country

South Africa will retain it commitment as a developed country but more flexibility may be allowed when additional regulations are introduced

Parties agree to control annual consumption and production of substances listed in accordance with agreed levels.

An allowance for delayed compliance with the obligations imposed under the protocol is granted to developing countries consuming less that 0.3 kg per capita of the controlled substances

Parties are prohibited from importing substances from a non-party to the protocol and developing countries may not export such substances to a non-party.

The protocol also provides measures to exchange technology and information for the calculation of control levels for assessment and review of the progress achieved

Basel Convention

Control of Transboundary Movements of Harzardous Wastes

DWAF area of application: Regulating waste disposal practices

The main objectives of the convention are the reduction of the production of waste and the restriction of transboundary movement and disposal of waste.

South Africa has never ratified the amendments I,II,III of the convention which means in effect that the classification contained in the amendments is not binding on the South African government

The provisions of the convention apply to hazardous waste by national legislation

South Africas failure to sign the initial Annexes no longer excludes us from the provisions of the convention

Transboundary movement of harzardous wastes will be allowed only if required as a raw material for recycling or recovery industries in the state of import subject to the provisions of the convention

Parties prohibiting import of wastes shall inform other parties of their decisions. Parties which are so informed shall either permit or prohibit the export of hazardous wastes.

Parties are to prohibit the export of wastes if the state of import does not consent in writing to the specific import, where the state of import has not prohibited the import of such wastes

Parties are to designate or establish one or more competent authorities as focal points to receive notifications

Parties are to cooperate with each other to improve or achieve the environmentally sound management of hazardous wastes

Framework Convention of Climate Change

DWAF areas of application: Water services Provision and Forestry