Integrated Environmental Management Series - … 2 - Legal Guid… · Sub-Series 1.10 Environmental...
Transcript of Integrated Environmental Management Series - … 2 - Legal Guid… · Sub-Series 1.10 Environmental...
Module 2
Environmental Legal Guide Booklet
Integrated
Environmental
Management
Series
2
Sub-Series 1.10 Environmental Legal Guide Booklet
• Identifies all applicable legislation related to DWA’s activities (and
process lifecycles), it’s administrative mandates, roles, functions and
responsibilities.
Purpose
• Reference guide and register of probable legal outcomes for a given
activity and lists both direct and indirect legislation that an official needs
to consider for compliance -
Direct (legislation administered by DWA)
Indirect (legislation which influence DWA functions, but is
administered by other organs of state)
Description
Written in 2004; revised – 2007
MPRDANHRANEMA CARAE.g.
R&R
Status
Development: E&R
Implementation: Organisation-wide
Review: E&R in co-ordination with Directorate: Legal Services
Training: E&R
National Water Act
(No. 36 of 1998)
Water Services Act
(No. 108 of 1997)
WRM WS
Legal
Guide
What legislation is applicable to DWA’s
activities??
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What legislation is applicable to
DWA’s activities?MODULE
Environmental
Legal Guide
2
Impacting Function OR Management Function?
Projects, plans, water
resource infrastructure
development
Policies, regulating
water use, authorising
services
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What legislation is applicable to
DWA’s activities?
Constitution
MODULE 2
Environmental
Legal Guide
(administered by DWA)
Environmental Legislation
(administered by other organs of state)
Dire
ct
In-d
irect
WRM
WS
National Water Act (No. 36 of 1998)
Water Services Act (No. 108 of 1997)
Examples:
• Environment Conservation Act (73 of 1989)
• National Heritage Resources Act (25 of 1999)
• Minerals and Petroleum Resources Development
Act (28 of 2002)
• National Environmental Management: Biodiversity
Act (10 of 2004)
• Conservation of Agricultural Resources Act (Act
43 of 1983)
• Other
Water Policy (Principles 7 & 17)
IEM Mandate
Minister of Justice acts as
Appeal Authority in instances
where DWA acts as Implementor
Legal
Guide
What legislation is applicable to DWA’s
activities?
How can DWA’s relevant legislation be
identified?
?
?
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MODULE 2
Environmental
Legal Guide
How can DWA’s relevant
legislation be identified?
Step 1 :
Identify the particular DWA Activities from the scenario at hand by using the Key to DWA Activities on pages 5-7.
Step 2:
Note the relevant legislation references that relate to the identified DWA Activity, by using the Key further.
Step 3:
Visit each legislation reference obtained from the Key, in the Legislation Register (Direct legislation (page 8) and Indirect legislation (page 112).
Step 4:
Visit Appendices reference to be aware of gazetted and operational policies, Provincial and Local Government legislation to be considered and international Treaties and Conventions that South Africa is signature to.
Sub-Series 1.10 Environmental Legal Guide Booklet
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If it is related to
Water Resource Management...
MODULE 2
Environmental
Legal Guide
How can DWA’s relevant
legislation be identified?
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If it is related to Water Services...
MODULE 2
Environmental
Legal Guide
How can DWA’s relevant
legislation be identified?
MODULE 2
Environmental
Legal Guide
Database
• Electronic database of legal guide avaiable on DWA’s
intranet.
• The database can be accessed as follows:
1. Access DWA intranet:
http://www.intranet.dwaf.gov.za/documents
2. Scroll to IEM Servies Sub-series 1.10
3. Click on database
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Worked Example MODULE
Environmental
Legal Guide
2
Scenario:A municipality intends to develop a 4-lane road that traverses a
watercourse. Identify the relevant environmental legislation pertaining to
this activity.
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MODULE
Environmental
Legal Guide
2
1. Is this a WRM or WS related development and why?
Worked Example
WRM
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MODULE
Environmental
Legal Guide
2
1. Is this a WRM or WS related development and why?
WRM
2. Does DWA have an regulating or implementation function and why?
Worked Example
Regulating function
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MODULE
Environmental
Legal Guide
2
1. Is this a WRM or WS related development and why?
WRM
2. Does DWA have an regulating or implementation function and why?
Regulating function
3. What are DWA’s activities for this scenario and why?
Worked Example
Controlling and Regulating water use Authorising and regulating
water use Altering the banks, bed and characteristics of a
watercourse
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MODULE
Environmental
Legal Guide
2
1. Is this a WRM or WS related development and why?
WRM
2. Does DWA have a regulating or implementation function and why?
Regulating function
3. What are DWA’s activities for this scenario and why?
Controlling and Regulating water use Authorising and regulating
water use Altering the banks, bed and characteristics of a
watercourse
4. What are the relevant legislation keys and why?
Worked Example
B:5,7,10,12,14,15,17 ...
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Scenario:
The Department of Water Affairs plans to build a dam for
municipal water supply.
Task:
• Identify the relevant legislation for the scenario provided.
• Present your findings.
Implementor
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Scenario:
DWA has received a licence application for a proposed
residential development within a wetland.
Task:
• Identify the relevant legislation for the scenario provided.
• Present your findings.
Regulator
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End – Module 2
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ANSWER
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Answers:
1- WRM;
2- Implementation function;
3- Construction, upgrading and maintenance of bulk water
resource infrastructure;
4- Direct = e.g. B:6,24,53; Indirect = e.g. BB:4 (construction
phase), LL:1, LL:6
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Answers:
1- WRM;
2- Regulating Function;
3- Controlling and Regulating water use
Authorising and regulating water use
Impeding and diverting flow in a watercourse;
4- Direct = e.g. B:5,7,10, etc.; Indirect = e.g. LL:1, RR:1