status quo report · objectives of the report • to raise awareness amongst a wide range of...

Status Quo Report

Content

• Introduction and Overview;

• Industrial Compliance Inspections;

• Pollution, Waste and EIA Administrative and Criminal Enforcement Actions;

• Biodiversity Compliance and Enforcement Activities.

Introduction to the 2010-11 Report

• The 2010-11 report is the 04th National Compliance and Enforcement Report to be published;

• Project initiated in conjunction with commencement of the Environmental Management Inspectorate;

• Report represents the work of 9 provincial environmental and 4 provincial parks authorities, DEA, Sanparks and the Isimangaliso Wetland Park Authority.

Objectives of the Report

• To raise awareness amongst a wide range of stakeholders (including regulatory authorities, the public, NGOs as well as the regulated community) of the activities and performance of the environmental compliance and enforcement sector.

• To provide a comparison on key compliance and enforcement indicators between various EMI Institutions and between financial years (within institutions).

Methodology

• Excel spreadsheet reporting template designed and agreed upon through MINTECH WGIV;

• Reporting template includes numerous data fields/performance indicators related to compliance and enforcement activities;

• At the end of each financial year, DEA requests the reporting institutions to submit their templates;

• Data is collated, analysed and a consolidated national report is compiled.

Constraints

• The national report is a relatively new publication (4th year) and EMI institutions are constantly working to improve the accuracy of the statistics reflected therein;

• The report is compiles solely on the input received by the reporting institutions – no independent verification/auditing process takes place.

• The performance indicators are purely output driven (i.e number of inspections, investigations etc.) – have not yet reached the stage where outcome analysis can be performed and included.

Content Overview

The report includes sections dealing with:

the compliance and enforcement capacity in the country;

the enforcement (criminal, administrative, civil) and compliance monitoring activities (proactive, reactive inspections);

Content Overview

the most prevalent types of environmental crimes per institution

the legislation; court cases and sentences relating to environmental matters

the capacity-building interventions and joint operations with key stakeholders

EMI Capacity

INSTITUTION 2008-2009 2009-2010 2010-2011

SANPARKS 634 782 603

National DEA 44 57 51

Isimangaliso WPA 1 1 1

Western Cape 39 40 43

Cape Nature 4 3 2

KwaZulu-Natal 21 25 25

Ezemvelo KZNW 22 23 159

Gauteng 38 32 51

Limpopo 16 15 33

Eastern Cape 24 22 26

Eastern Cape Parks and Tourism Agency ₋ ₋ 3

Free State 15 15 21

Mpumalanga 14 14 14

Mpumalanga T& PA 11 11 11

Northern Cape 13 12 11

Northwest 7 21 22

TOTAL 903 1073 1076

EMI Capacity • Focus only on Environmental Management Inspectors –

does not include other national (e.g. Fishery Control Officers) provincial (under ordinances) and local authorities (under municipal bylaws).

• Green sector (Sanparks, Isimangaliso and provincial parks boards) = 72% (779) while the Brown sector (DEA and provincial environmental authorities) = 28% (297)

• Sanparks (603)KZN Wildlife (159), national DEA (51) and Gauteng (51)provincial department have the most EMIs, while Cape Nature (2), ECPTA (3) and Isimangaliso (1)have the least.

National Statistics - Enforcement 2008-9FY 2009-10FY 2010-11FY*

Criminal Enforcement

Criminal dockets ₋ 2877

738

J534s issued 1615

Cases handed to NPA - 282 234

Arrests by EMIs 2547 2384 1988

NPA declined to prosecute (“nolle

prosequi”) 100 214 22

Acquittals 18 1026 22

Convictions 258 673 72

Section 105A agreements (plea

bargains) 4 134 19

Amount of admission of guilt fines

paid (total amount) R 824 886 R 2 509 793

R 867,010.00

(1245)

Administrative Enforcement and Civil Actions

Warning letters written 109 827 176

Pre-directives issued 179 249

60

Pre-compliances notices issued 266

Final Directives issued 94 172

95

Final compliance notices issued 126

Civil court applications launched 3 10 6

S24G administrative fines paid

(total amount and number)

R 15 499 518.19

(440)

R 8 874 966.10

(53)

R 8,364,870.00

(58)

Possible explanations…

The 2010-11 national statistics excludes Marine and Coastal Management who reported the following for the 2009-10 FY (latest figures received on 29/08/11):

• Criminal dockets and J534 registered – 689

• Cases handed to the NPA – 12

• Summons/Arrests – 901

• Acquittals – 381

• Convictions – 290

• Admission of Guilt Fines paid – R1 832 558

• Warning letters issued – 613

Possible explanations… LIMPOPO DEPARTMENT OF

ECONOMIC DEVELOPMENT,

ENVIRONMENT AND TOURISM

2008-9FY 2009-10FY 2010-11FY

Criminal Enforcement

Criminal dockets

462 1315 83

J534s issued 762

Cases handed to NPA - 107 51

Arrests by EMIs 930 1315 832

NPA declined to prosecute (“nolle

prosequi”) _

201 6

Acquittals 2 643 20

Convictions 11 534 16

Section 105A agreements (plea

bargains) - 92 2

Admission of guilt fines paid

R 182,730.00 (391) R 118 070.00

R 298,960.00

(754)

Most prevalent reported environmental contraventions

PROVINCE INSTITUTION PREVALENT CRIMES

National Institutions SANParks Illegal hunting of rhino

Environmental Quality and Protection Unlawful commencement of listed activity

Western Cape Department of Environmental Affairs and Development

Planning

Unlawful commencement of listed activity

Cape Nature Angling without a permit

Kwa-Zulu Natal Department of Agriculture, Environmental Affairs and Rural

Development


Ezemvelo KZN Wildlife Permit contravention / No permit

Isimangaliso Wetland Park Authority Unlawful commencement of listed activity

Gauteng Department of Agriculture and Rural Development Unlawful commencement of listed

activity/export and import contraventions

Limpopo Department of Economic Development, Environment and

Tourism

Unlawful commencement of listed

activity/Illegal cutting and collection of wood

Eastern Cape Department of Economic Development and Environment Affairs Unlawful commencement of listed activity

Eastern Cape Parks and Tourism Agency Illegal hunting with a trap

Free State Department of Economic Development, Tourism and

Environmental Affairs

Unlawful commencement of listed

activity/Illegal hunting

Mpumalanga Department of Economic Development, Environment and

Tourism


Tourism and Parks Agency Rhino poaching

Northern Cape Department of Environment Affairs and Nature Conservation Hunting of game animals without permit

North West Department of Agriculture, Conservation, Environment and

Rural Development


Examples of Court Sentences

Department Sentence Description

Limpopo 10 years imprisonment without option of a fine

Illegal possession: Cycads

National DEA R2 000 000 of which R1 000 000 suspended for 5 years

Health Care Risk Waste

SANParks Accused 1 and 3 sentenced to 9 years imprisonment;

Poaching of rhino in a National Park

Isimangaliso 5 years imprisonment

Poaching of Loggerhead Turtle

National Complaints and Incidents Hotline

Nature of

Complaint

Financial Year

Total 2008-2009 2009-2010 2010-2011

Air pollution 58 64 78 200

Noise pollution 1 0 14 15

Illegal dumping 53 60 130 243

Illegal development 13 14 58 85

Illegal operation 56 58 33 147

Mining 4 20 24 48

Water pollution 18 44 123 185

Others 3 40 62 105

Poaching 4 21 30 55

Deforestation 3 0 15 18

Spillage 3 29 3 35

Cycads 3 1 0 4

Emergency

Incidents

16 38 42 96

Total 235 389 612 1236

Capacity – Building: Magistrates/ Prosecutors

• During the course of 2010/11, 67 magistrates and 177 prosecutors received training/awareness-raising interventions aimed at developing their capacity to understand the nature, scope, impacts and legislation related to environmental crimes.

• Included the advanced training course of prosecutors = focussed on those prosecutors that have been identified by the NPA as undertaking environmental crime prosecutions:

Magistrates Awareness –Raising Workshop: Mpumalanga, May 2010

Pro-active Compliance Inspections

Proactive compliance monitoring and enforcement work in relation to the following priority sectors is ongoing:

• Ferro-Alloy, Steel and Iron Sector • Refineries Sector • Cement Sector • Paper and Pulp Sector • Health Care Risk Waste Treatment / Disposal • Hazardous landfill sites • Power Generation

2010/11 Strategic projects • Monitoring and enforcement processes stretch over a period

of time and cross over from one reporting period to the next. • During 2010/11 financial year the following facilities were

inspected: Refineries

• Follow-up inspections: PetroSA; Chevron and Sasol Secunda • Facilities are battling to comply with National Environmental

Management: Waste Act • Pre-compliance notice / pre-directive issued to PetroSA and

enforcement strategies for Chevron and Sasol Secunda will be initiated during 2011/12 financial year

2010/11 Strategic projects Ferro Alloy, Iron and Steel • Follow-up inspections: Samancor Middelburg; ArcelorMittal

Vanderbijlpark; ArcelorMittal Vereeniging; ArcelorMittal New Castle and Scaw Metals

• Pre-compliance notice / pre-directive issued to Samancor Middelburg and Scaw Metals during the 2011/12 financial year. Decisions on actions to be taken against other facilities will be made during the 2011/12 financial year.

• Criminal investigation has been initiated against Samancor Middelburg

• Action plans being provided in response to administrative enforcement action by Highveld Steel and criminal investigation has recently commenced

• Baseline inspections: ASA Metals; Columbus Stainless Steel and Assmang Machadodorp. Inspection reports and enforcement strategies are to be finalised and issued during 2011/12 financial year

2010/11 Strategic projects

Hazardous waste

• The Pikitup and EnviroServ incinerators in Gauteng used to dispose of Health Care Risk waste were shut down following administrative enforcement action

• Criminal investigation against Wasteman in respect of Bulbul Drive Hazardous Disposal site and a pre-compliance notice / pre-directive followed by a notice to submit a waste impact report were issued to Wasteman


Pulp and Paper • Follow-up inspection at Sappi Ngodwana and an

enforcement strategy to be finalised • Criminal investigation that was initiated for Sappi

Enstra is currently suspended in order to allow for submissions to be made by the sector as a whole in relation to the performance of Copeland Reactors. The investigation will resume once decisions have been made in line with this process.

• Follow-up inspection at Mondi Richards Bay – enforcement strategy to be developed


Power Generation

• Several non-compliances were found during the baseline inspections of these plants

• Enforcement action will depend on representations from the facility


Cement

• Pre-notices were issued to NPC Simuma and PPC New Brighton

• PPC provided a response and the Department found that the concerns were adequately addressed by the facility

• Non-compliances for Afrisam Ulco; Lafarge Lichtenburg; PPC Riebeeck West; PPC De Hoek and PPC Slurry have been referred to respective licencing authorities to take enforcement actions

Conclusion • Approach of providing the facilities a period of time to come

into compliance is not achieving the desired results in most cases

• Follow-up inspections are identifying the need for enforcement action, particularly in relation to contraventions of the National Environmental Management: Waste Act

• Some positive results of enforcement action taken in previous years: – ArcelorMittal Vereeniging, in response to enforcement notice

commissioned a secondary extraction system to address the significant fugitive emissions at a cost of R220 million

– Assmang Cato Ridge spent R100 million to commission its extraction system in response to enforcement action taken by the DEA

ArcelorMittal Vereeniging - 2007

ArcelorMittal 12 January 2010 Result of enforcement action

Aid Safe Healthcare Risk Waste Incinerator

• Medical waste incinerator • Permits in place but non-compliance with

conditions • Notice to shut down and suspend permit • Criminal case:

– Pleaded guilty – Company – R2 million (R1 million suspended for 5 years) –

deferred fine – One manager – R100 000 for illegal dumping

• Clean up of associated illegal dumping and storage – R5.5 million

• Re-build and upgrade of incinerator – R17 million • Proof of performance (ROD suspended)

Aid Safe – criminal case

Pan African Parliament

S v Mpofu and S Frylinck

• Guilty of providing the Department with incorrect or misleading information as part of EIA process

• Wetland on site • Accused 1: R80 000 or 2 years imprisonment • Accused 2: R80 000 • Half of fine suspended for 5 years • Clear message to consultants – harsh action

will be taken if accurate information is not submitted

Welkom – medical waste

• Welkom administrative enforcement – Approx. 18 000 tons (soil + HCRW)

– Clean up completed at end of October 2010

– Cost of approximately R54 million

• Welkom criminal case – 7 arrests

– 17 accused at the last court appearance

– Struck off the roll – additional information led to further investigation

– To be arraigned in the High Court in Bloemfontein

• Vierfontein

• Klerksdorp landfill site

Wasteman – buried healthcare

risk waste

Coal of Africa – Vele Colliery

ACTIVITIES CONSTITUTING A SCHEDULED

PROCESS IN TERMS OF THE NEM:AQA SLUDGE DAM

SLUDGE DAM AND ACTIVITIES THAT MIGHT TRIGGER ADDITIONAL ENVIRONMENTAL AUTHORISATION

Vele Colliery

• Compliance notice issued – 5 August 2010

• Instructed to, among others, cease with all activities unlawfully commenced and prohibited use thereof

• Required to submit s24G NEMA application

• Administrative fine paid – R9.2 million

• Criminal case – investigation finalised and NPA are deciding whether or not to prosecute

BIODIVERSITY ENFORCEMENT AND COMPLIANCE REPORT 2010-2011

DEA NECER PRESS BRIEFING

3 November 2011

Introduction Statistics for the financial year 1 April 2010 to 31 March 2011

• 389 Rhino’s were illegally hunted • 202 of these animals were illegally hunted in the Kruger

National Park (KNP) • 214 suspected rhino poachers were arrested in this

period • 92 of these suspects were arrested in KNP • 16 suspected rhino poachers were fatally wounded in

armed contact with officials in KNP KwaZulu Natal Province and North West province

· ·

Introduction continues

Convictions for the financial year 1 April 2010 to 31 March 2011 • 3 Mozambique nationals were found guilty on charges of illegal hunting of rhino

in a national park and possession of unlicensed firm arms and ammunition and were sentenced to imprisonment ranging from 5 to 9 years each without the option of a fine

• A Vietnamese national arrested at OR Tambo International Airport for illegal possession of 1 rhino horn was found guilty and sentenced to a fine of R300 000 or 5 years imprisonment, which was suspended for 5 years

• A man accused of illegally trading and transporting of 2 rhino horns pleaded guilty and was sentenced to R130 000 or 5 years imprisonment

• 2 men accused of illegally dehorning 5 rhino’s, -possessing 8 horns and respectively selling 8 and 3 horns pleaded guilty and in terms of a plea and sentence agreement, were sentenced to 6 years imprisonment which was suspended for 5 years on certain conditions

• A man convicted on charges of illegal hunting of a rhino and illegal possession of a firearm was sentenced to 10 years imprisonment of which 3 years was suspended for 5 years

• A man convicted on charges of illegal hunting of a rhino was sentenced to R50 000 or 2 years imprisonment or 2 years imprisonment of which R30 000/2

years suspended for 5 years

· ·

Initiatives to reduce poaching activities • Established a Directorate: Biodiversity Enforcement and Compliance to

coordinate enforcement and compliance with the National Environmental Management: Biodiversity Act and its related regulations and norms and standards as well as the National Environmental Management: Protected Areas Act;

• Established an interim National Wildlife Crime Reaction Unit (NWCRU) to

investigate rhino related crimes in cooperation with SANPARKS, the South African Police Service (SAPS), Conservation authorities, National Prosecuting Authority and the Defense Force;

• Developed the National Strategy for the Safety and Security of Rhinoceros

Populations and horn stocks in South Africa;

• Coordinated participation of provincial conservation authorities in three international INTERPOL Operations during 2010, namely Operation Mogatle in which wildlife crime were targeted across southern Africa, Operation TRAM where the illegal traditional medicine trade were targeted and Operation RAMP where the illegal trade in reptiles and amphibians were targeted;

· ·

Initiatives to reduce poaching activities cont.

• Organised a Rhino Summit in October 2010 to augment and endorse the DEA’s initiatives against rhino poaching, to afford stakeholders a high level opportunity to reflect on the current interventions and harness further political and broader stakeholder commitment;

• Facilitated a visit to Vietnam to discuss issues of concern regarding the smuggling of rhino horn and the legal export of sport hunted White rhino trophies;

• Plays an active role and contribute to international meetings and forums including INTERPOL Wildlife Crime meetings, Rhinoceros Task Force of CITES, the regional Rhino and Elephant Security Group and Rhino Management Group;

• Rhino poaching issue elevated to highest security management structures

• A National Joints Committee agreed to incorporate Operation Rhino into the NATJOINTS committee as a standing agenda item.

• A Priority Committee focusing on Rhino poaching was established comprised of SANDF, SAPS, DEA, NWCRU, DAFF, CAA and Medical Council

• Priority committee putting strategic plan into an Action Plan

• During November, 2010, the Botswana Government invited the NWCRU to assist with the update and drafting of a rhino protection strategy for that country.

• A strategic planning and intelligence coordination session was held between all stakeholders of the NWCRI

• SANDF took over international borderline control, phased deployment in Kruger National Park

National Wildlife Crime Reaction Initiative

1. Implementing an immediate action plan aimed at mitigating the current escalation;

2. Securing the shared commitment of government (at national and provincial level), private land owners local communities and international stakeholders;

3. Supporting a national coordination structure for information management, law-enforcement response, investigation and prosecution;

4. Developing an integrated national information management system for all information;

5. Investigating proactive security measures aimed at facilitating regulated and controlled international trade in the species, and any associated by-products.

Objectives

National Strategy: Safety and Security of Rhinoceros Populations in SA

NATIONAL WILDLIFE CRIME REACTION INITIATIVE

• Focus - policy is on safety and security;

• Recognize - marked escalation in the threat to the security of rhino;

• Accept - resourcing of the initiatives & backed by political will is paramount;

• Accept - positive interaction and relationships with all stakeholders facilitates effective and efficient information exchange;

• Support - development of an environmental crime investigation unit;

• Support - national crime investigation and information management mechanism;

• Accept - highly motivated, well trained, resourced and equipped personnel, are the single most important factor ensuring the success; Accept - research data is currently not adequate;

• Adhere - to accepted and lawful criminal investigation procedures;

• Recognise - need for research and development of new investigation techniques;

• Recognise - monitoring and evaluation systems are essential;

• Accept - understanding of the end-user demand is required;

• Adopt - relationship with all recognized NGO stakeholder groups;

Principle Statements

National Strategy: Rhino Poaching

NATIONAL WILDLIFE CRIME REACTION INITIATIVE

THANK YOU

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