PUTTING A STING IN ENVIRO CRIME

5
FOR the last six years, the na- tional Department of Environmen- tal Affairs (DEA) has collaborated with its provincial counterparts and statutory bodies to develop the National Environmental Com- pliance and Enforcement Report (Necer). “The department has seen an emphasis in this financial year on joint operations, which highlight the importance of working together with other enforcement agencies in order to ensure that we extend our efforts across a larger area and focus on high priority issues,” said Ishaam Abader, the Department’s Deputy Director-General of Legal Authorisa- tions, Compliance and Enforcement. Such priority areas include tan- neries and the taxidermist sector, sand mining and the reptile trade, among others. The Necer is a joint publication that aims to provide an overview of environmental compliance and en- forcement activities undertaken over the period of a financial year. This year’s report outlines the work and achievements of the envi- ronmental compliance and enforce- ment sector over the 2012/2013 pe- riod, and is the sixth of its kind since the inception of the Environmental Management Inspectorate (EMI), otherwise known as the Green Scor- pions. “As the EMI institutions become better at reporting the information each year,” explained Abader, “so the accuracy of the statistics in the report improve, providing us with a more comprehensive understanding of the important work being done by the en- vironmental compliance and enforce- ment sector.” He noted that substantial efforts were also made during the year to fo- cus enforcement activities in order to combat rhino poaching. “It is clear from the direct im- prisonment sentences that are being handed down by our courts, that the justice system is also now recognis- ing the devastating impact associat- ed with environmental crime and un- derstanding the important deterrent effect of the punishment associated with convictions,” Abader said. He explained that a review of the statistics set out in the report shows an increase in much of the work be- ing undertaken by the Inspectorate. “We have embarked on an impor- tant project to assess the impact of the work of the inspectorate since its creation and to develop a strategy to guide this work into the future. “I would like to commend the EMIs for their dedication and for the valuable contribution they are mak- ing to upholding and protecting the environmental rights in our Constitu- tion.” The Necer is aimed at a broad spectrum of stakeholders and is de- signed to meet this objective by pro- viding: • The general public with an overview of the measures being taken by the environmental compliance and en- forcement sector; Community-based, non-govern- mental organisations with informa- tion related to specific compliance and enforcement activities being taken in respect of certain sectors or facilities; • National, provincial and local envi- ronmental authorities with an overall perspective of their compliance and enforcement performance, both in relation to previous financial years as well as in relation to their counter- parts; and • A deterrence for would-be offend- ers. Constraints that should be noted are the fact that the report focuses solely on the activities of “environ- mental” authorities, and does not reflect the compliance and enforce- ment work being undertaken by other “related” sectors. In addition, the indicators includ- ed in the report are primarily output- based. Finally, the statistics reflected in the report emanate directly from the input received from environmental authorities – no independent verifica- tion is conducted. Despite these constraints, the department hopes Necer 2012/13 will continue to be a valuable information source for its readers and highlight the critical work currently being un- dertaken by the environmental com- pliance and enforcement sector. Ditaba tsa Tikologo Blitz Report & FREE Poster Drive to upskill EMIs SA receives funding for species barcoding Page 4 and 5 Page 2 Page 7 Izindaba ngeZemvelo Omgewingsnuus Access the full report from our website www.environment.gov.za ENVIRONMENTAL CRIME www.environment.gov.za REPORT ENVIRONMENTAL CRIME 0800 205 005 PUTTING A STING IN ENVIRO CRIME NECER shows increase in environmental compliance and enforcement activities in the last financial year ALL IN A DAY’S WORK: Gauteng’s environmental management inspectors carrying out their dues on site

Transcript of PUTTING A STING IN ENVIRO CRIME

Page 1: PUTTING A STING IN ENVIRO CRIME

FOR the last six years, the na-tional Department of Environmen-tal Affairs (DEA) has collaborated with its provincial counterparts and statutory bodies to develop the National Environmental Com-pliance and Enforcement Report (Necer). “The department has seen an emphasis in this fi nancial year on joint operations, which highlight the importance of working together with other enforcement agencies in order to ensure that we extend our efforts across a larger area and focus on high priority issues,” said Ishaam Abader, the Department’s Deputy Director-General of Legal Authorisa-tions, Compliance and Enforcement. Such priority areas include tan-neries and the taxidermist sector, sand mining and the reptile trade, among others. The Necer is a joint publication that aims to provide an overview of environmental compliance and en-forcement activities undertaken over the period of a fi nancial year. This year’s report outlines the work and achievements of the envi-ronmental compliance and enforce-ment sector over the 2012/2013 pe-riod, and is the sixth of its kind since the inception of the Environmental Management Inspectorate (EMI), otherwise known as the Green Scor-pions. “As the EMI institutions become better at reporting the information each year,” explained Abader, “so the accuracy of the statistics in the report improve, providing us with a more comprehensive understanding of the important work being done by the en-vironmental compliance and enforce-ment sector.”

He noted that substantial efforts were also made during the year to fo-cus enforcement activities in order to combat rhino poaching. “It is clear from the direct im-prisonment sentences that are being handed down by our courts, that the justice system is also now recognis-ing the devastating impact associat-

ed with environmental crime and un-derstanding the important deterrent effect of the punishment associated with convictions,” Abader said. He explained that a review of the statistics set out in the report shows an increase in much of the work be-ing undertaken by the Inspectorate. “We have embarked on an impor-

tant project to assess the impact of the work of the inspectorate since its creation and to develop a strategy to guide this work into the future. “I would like to commend the EMIs for their dedication and for the valuable contribution they are mak-ing to upholding and protecting the environmental rights in our Constitu-

tion.” The Necer is aimed at a broad spectrum of stakeholders and is de-signed to meet this objective by pro-viding:• The general public with an overview of the measures being taken by the environmental compliance and en-forcement sector;• Community-based, non-govern-mental organisations with informa-tion related to specifi c compliance and enforcement activities being taken in respect of certain sectors or facilities;• National, provincial and local envi-ronmental authorities with an overall perspective of their compliance and enforcement performance, both in relation to previous fi nancial years as well as in relation to their counter-parts; and• A deterrence for would-be offend-ers. Constraints that should be noted are the fact that the report focuses solely on the activities of “environ-mental” authorities, and does not refl ect the compliance and enforce-ment work being undertaken by other “related” sectors. In addition, the indicators includ-ed in the report are primarily output-based. Finally, the statistics refl ected in the report emanate directly from the input received from environmental authorities – no independent verifi ca-tion is conducted. Despite these constraints, the department hopes Necer 2012/13 will continue to be a valuable information source for its readers and highlight the critical work currently being un-dertaken by the environmental com-pliance and enforcement sector.

D i t a b a t s a T i ko l o g o

Blitz Report & FREE Poster

Drive toupskillEMIs

SA receives funding for species barcoding

Page 4 and 5 Page 2 Page 7

I z i n d a b a n g e Ze m v e l o O m g e w i n g s n u u s

I K E E : I X A R RA I I KE

environmental affairsDepartment:Environmental AffairsREPUBLIC OF SOUTH AFRICA

Access the full report from our websitewww.environment.gov.za

ENVIRONMENTAL CRIME

www.environment.gov.za

REPORT ENVIRONMENTAL CRIME

0800 205 005

PUTTING A STING IN ENVIRO CRIMENECER shows increase in environmental compliance and enforcement activities in the last fi nancial year

ALL IN A DAY’S WORK: Gauteng’s environmental management inspectors carrying out their duti es on site

Page 2: PUTTING A STING IN ENVIRO CRIME

KEY FINDING:There has been a 22% increase in the total number of EMIs on the national register from 1 399 in 2011/12 to 1 705 in 2012/13.

KEY FINDING:Of the 1 705 EMIs on the national register, 1 055 (62%) are Grade 5 EMI/fi eld rangers employed at national and provincial parks authorities.

NATIONAL ENFORCEMENT STATISTICS:

• There has been a 13.85% increase in the number of re-ported environmental incidents, from 3 944 in 2011/12 to 4 479 in 2012/13.

• There was a general increase in the number of criminal dockets registered in the three-year cycle, from 718 in 2010/11, to 1 080 (50.42% increase) in 2011/12 and 1 488 (37.7%) in 2012/13 fi nancial years.

• The total number of J534s issued dramatically increased by 389% from 1 498 in 2011/12 to 58 25 in 2012/13.

• The number of criminal dockets handed to the National Prosecuting Authority increased by 33.33%, from 201 in 2011/12 to 268 in 2012/13.

• The total number of arrests by EMIs increased by 35.77% from 1 399 in 2011/12 to 1 818 in 2012/13.

• The total number of acquittals increased from seven in 2011/12 to eight in 2012/13.

• Convictions reported have slightly decreased from 82 re-ported in 2011/12 to 70 in 2012/13.

• There has been a 7.69% (14) increase in the number of plea and sentence agreements reached in 2012/13, com-pared to the 13 reported in 2011/12.

• The total value of admission of guilt fi nes paid in 2012/13 was R654 250, which has increased by 39.17% from R470 080 in 2011/12.

• The total number of warning letters issued has signifi cant-ly decreased from 495 in 2011/12 to 187 in 2012/13 which equates to a 62% drop.

• The total number of administrative notices issued has in-creased slightly from 521 in 2011/12 to 577 in 2012/13.

• The number of civil court applications launched decreased from seven in 2011/12 to four (42.86%) in 2012/13.

• There was a dramatic decrease in the total value of sec-tion 24G administrative fi nes paid from R17 627 233 in 2011/12 to R5 385 215 in 2012/2013 (69.4%).

GREEN scorpions or Environmental Management Inspectors (EMIs) are a network of environmental compliance and enforcement offi cials. Green Scorpions have been in-troduced as a result of the lack of a compliance monitoring and enforce-ment system to address environmental crimes. In addition, the work of the Green Scorpions promotes consistency in which compliance and enforcement ac-tivities are carried out in terms of na-tional environmental legislation. They are appointed and tasked with ensuring that environmental legislation aimed at protecting the environment is followed and enforced. A Green Scorpion may investigate any act or omission in respect of which there is a reasonable suspicion that it might constitute an offence in terms of environmental laws or a breach in terms of a permit or environmental authorisa-tion.

Green Scorpions do their work through four methods: routine inspec-tions; investigations; criminal investiga-tions and administrative enforcement. Routine inspections involve EMIs entering premises sometimes with-out a warrant to ascertain compliance with environmental laws. Investigations entail questioning witnesses, copying documents, taking photographs and samples, as well as seizing evidence. Enforcement involves seizing items and arresting those guilty of breach-ing environmental laws. Some of the administrative powers of the Green Scorpions include issuing compliance notices and directives. In cases of serious non-compliance with environmental legislation, the Green Scorpions may decide to sus-pend the operations of a facility in order to prevent further harm to the environ-ment. In the case where the facility is operated by a listed company, this type of enforcement action may impact neg-

atively on its triple bottom line reporting. There are Green Scorpions sta-tioned across the country at municipal offi ces, provincial environment depart-ments, provincial parks boards, the na-tional Department of Environmental Af-fairs and other organs of state including the South African National Parks (SAN-Parks) and iSimangaliso Wetland Park. If you are in school and are interest-ed in becoming a Green Scorpion, you should ensure you are taking biology, chemistry and physics as subjects. If available, environmental science, phys-iology and statistics are a good choice. At tertiary level, the requirement is a diploma in biology, environmental sci-ences or related fi elds. Many EMIs undertaking enforcement also have a law enforcement or legal qualifi cation. EMIs have to be skilled, knowledgeable and professional, no person may be designated as an EMI without having received the required training.

SA NATIONAL PARKS:1. Addo Elephant National Park2. Agulhas National Park3. Augrabies Falls National Park4. Bontebok National Park5. Camdeboo National Park6. Garden Route (Tsitsikamma, Knysna, Wilderness) National Park7. Golden Gate Highlands National Park8. Karoo National Park9. Kgalagadi Transfrontier Park10. Kruger National Park11. Mapungubwe National Park12. Marakele National Park13. Mokala National Park14. Mountain Zebra National Park15. Namaqua National Park16. Table Mountain National Park17. Tankwa Karoo National Park18. West Coast National Park19. |Ai-|Ais/Richtersveld Transfrontier Park

Learn more about the SA National Parks, visit: http://www.sanparks.co.za

WHAT IS A GREEN SCORPION AND WHY ARE THEY IMPORTANT?

THE Environmental Management Inspectors (EMIs) continually undergo capacity-building interventions that seek to enhance their roles as protectors of the environment. In the current fi nancial year, it is envis-aged that there will be a continued effort to develop EMI capacity. Some of the training interventions un-dertaken recently include EMI basic training, EMI bridging course for environmental health practitioners (EHP), EMI specialised training, and magistrates and prosecutors courses. During the EMI basic training course, the EMIs are afforded an opportunity to interact with external presenters as well as experi-enced EMIs on issues ranging from admin-istrative enforcement to conducting compli-ance inspections and criminal investigations. The objective of the bridging training course for EHP’s is to provide a gateway for Environmental Health Practitioners, who will undertake compliance and enforcement du-ties with national environmental legislation at local authority level, to become qualifi ed to be designated as EMIs. This initiative will cre-

ate much needed capacity to tackle air qual-ity and waste contraventions. The EMI Grade 5 training programme is designed for fi eld rangers. The programme involves theoretical training, practical scenar-io work as well as proper assessment upon completion of the course. The EMI specialised training courses are designed to provide EMIs with in-depth and topic specifi c training. The administrative enforcement course for EMIs focuses on proper legally defensible administrative enforcement in terms of the Promotion of Justice Act, 2000 and the Na-tional Environmental Management Act, 1998. The environmental impact assessment listed activity specialised training provide EMIs with an understanding of the authorisa-tion process. The magistrates and prosecutors work-shops seek to raise the awareness amongst these criminal justice role-players of the nature, scope and impact of environmental crimes; as well as the legislation and offens-es related to these types of contraventions.

Specialised courses and interaction with presenters en-hance inspectors’ effi ciency in the fi eld

HITTING THE BOOKS: Environmental management inspectors undergo training

WORKING TOGETHER: Skill capacity development through interacti on with other EMIs CLEAN-UP: Illegally disposed medical waste

ILLEGAL: Unlawful storage of Health Care Risk Waste

ON THE JOB: Proper site inspecti ons are of invaluable importance

BECOME A SANPARKS HONORARY RANGER TODAY

MANY South Africans are concerned about the plight of our wildlife and would like to make a difference through being actively involved in conservation. If you are passionate about this cause, join the South African National Parks (SANParks) Honorary Rangers. The SANParks Honorary Rangers is a vol-unteer organisation providing citizens the op-portunity to support the country’s national parks while expanding their skills. The organisation consists completely of volunteers in various regions, donating their time and efforts towards ensuring the future

sustainability of the country’s national parks. While each region engages in its own pro-jects and initiatives, there are several national projects that transcend regional boundaries. The SANParks Honorary Rangers organi-sation is a registered public benefi t and non-profi t organisation. Its vision is to be a world class eco-volun-teer organisation, and to serve as an integral, strategic partner to SANParks in support of their strategic objectives. The Honorary Rangers organisation is open to citizens of all ages, with the only re-quirement being that the applicant is perma-nently resident in South Africa. The programme is ideal for involving the whole family, as adults (aged 18 and older), may apply for an appointment as an Honorary Ranger, while youngsters, under the age of 18, may enrol as Junior Rangers. There are more than 1 000 SANParks Honorary Rangers in 31 regions nationwide. SANParks’ Honorary Rangers play a very

important role in the con-servation and management of the various national parks. There are over 1 800 Junior Rangers who participate in activities such as planting school gardens, doing litter patrols and visit-ing our National Parks. The Junior Rang-ers is a combined effort of SANParks and the Honor-ary Rangers to encourage the youth to become SAN-Parks and ecological am-bassadors. The Honorary Rangers also participate in outreach projects run by many of the regions to edu-cate and raise awareness

about the environment and the role we play in it.

WHAT DO I NEED TO APPLY?

A specifi c qualifi cation in nature con-servation is not required to join the Honorary Rangers. The only requirement is enthu-siasm and a willingness to get in-volved.

THE APPLICATION PROCESS

To become an Honorary Ranger one must fi rst become an applicant to a region by complet-ing an application form for submission to the regional management committee. You will then be invited for an interview to ascertain where your skills may be best placed. Applicants generally have a certain fi eld or as-pect of conservation in which they would like to get involved. However, courses are available to help de-velop an interest in various aspects of conser-vation. Once the application has been approved, the applicant will be required to attend and suc-cessfully complete the SANParks Honorary Rangers Membership course. The new applicant also needs to attend the regional meetings in his/her area; active partici-pation in projects and activities will count in the applicant’s favour. Once the applicant has com-pleted the compulsory course and received a favourable recommendation by the Regional Management Committee, the appli-cation form will be for-warded to SANParks for approval and ap-pointment.

Once the applicant is successfully ap-pointed, their appointment will be subject to re-appointment on an annual basis. SANParks also maintains the right to terminate any appointment. To join the SANParks Honorary Rangers, complete the application form which can be downloaded from the following website: http://www.sanparksvolunteers.org/i-want-to-join-the-hrs and post it to:The National CoordinatorSANParks Honorary RangersSouth African National ParksPO Box 787Pretroia0001Or e-mail: [email protected] Or fax: (012) 343-4605

HOW CAN YOU MAKE A DIFFERENCE?

INFORMATION: The environment as a career is shown to the public

Rangers Membership course. The new applicant also needs to attend the regional meetings in his/her area; active partici-pation in projects and activities will count in the

Once the applicant has com-pleted the compulsory course and received a favourable recommendation by the Regional Management Committee, the appli-cation form will be for-

ON THE JOB: The value of fi eld work

IT’S ALL ABOUT HONOUR

I K E E : I X A R RA I I KE

environmental affairsDepartment:Environmental AffairsREPUBLIC OF SOUTH AFRICA

For more informati on contact:

Department of Environmental Aff airs

Mr Thomas Mathiba

Director: Sector Educati on, Training and

Development

Tel: 012 310 3653

Email: [email protected]

Call Centre

Tel: 086 111 2468

Email: [email protected]

Switch Board: 012 310 - 3911

Physical Address

315 Pretorius street

cnr Pretorius & Lillian Ngoyi Streets

Fedsure Forum Building

North Tower

2nd Floor (Departmental recepti on) OR

1st Floor (Departmental informati on

center) Pretoria, 0001.

Postal Address

Private Bag X447

Pretoria

0001

Ke wena... if you choose an environmental career!

Do you want to manage, conserve and protect the environment? Do you want to work with either plants, wildlife, air, water, soil, as well as people? Do you see environmental problems as opportuniti es for improving the environment as well as people’s quality of life?

If you have answered YES to one or more of the above, then an environmental career could be right for you! You could be employed as a technician, technologist, scienti st, or at managerial level in one of the many careers in this exciti ng sector! If you have a drive for entrepreneurship and innovati on, you could be an inventor or pioneer in the sector, leading your own company and creati ng green jobs. Fresh young minds like yours are needed to revoluti onise the way we travel, the energy we use, minimize our waste as well as sustainably feed our people and build our houses and towns amongst others.

To pursue a career in the sector, students you would generally need to study certain subjects at Grade 12 level in high school, depending on the specifi c career you have in mind. Most programmes that are relevant to environmental careers are classifi ed as Science Programmes. Relevant subjects in Grade 12 include Mathemati cs, Biology, Physical Sciences, English and/or Geography. The required minimum score for each subject is usually adequate achievement. It is however an advantage to have higher scores in your fi nal matric marks, as most universiti es select students with higher than the minimum scores. Universiti es and universiti es of technology will have more informati on on courses and degrees.

Contact the Department of Environmental Aff airs for more informati on as well as the requirements and ti melines of the annual internship programme’s intake. The call for applicati ons is usually sent out in September each year.

CAPACITY BOOST THROUGH EMI TRAINING

Page 3: PUTTING A STING IN ENVIRO CRIME

I K E E : I X A R RA I I KE

environmental affairsDepartment:Environmental AffairsREPUBLIC OF SOUTH AFRICA

www.environment.gov.za

REPORT ENVIRONMENTAL CRIME

0800 205 005KEY FINDING:There has been a 25% (214) increase in the number of Grade 5 EMI fi eld rangers from 841 in 2011/12 to 1 055 in 2012/13.

KEY FINDING:Of the EMIs who reported their sub-sectoral mandates, 21% are responsible for brown (waste and pollution), 76% for green (biodi-versity); and 3% for blue (coastal manage-ment) legislation. The ratio of males to females comprising the Environmental Management Inspectorate stands at almost 5:1, revealing a sector that continues to be dominated by males.

THE REPO

RT

In order to respond to key threats to the environment in

a coordinated manner, the Environmental Management

Inspectors (EMIs) plan and implement joint compliance and

enforcement operations that involve various spheres of

government. In the last fi nancial year, illegal sand mining,

illegal trade in reptiles and the tanneries and taxidermist

industries were highlighted for a number of joint operationsSAND MINING BLITZ

OPERATION SKHUMBA OPERATION COLD BLOODDATE: February 26-28 2013

WHERE: Northern Cape, Mpumalanga, KwaZulu-Natal, Limpopo and Free State

WHO: The Environment Management Inspectors (EMI) at provincial and nation-

al government departments and other relevant government stakeholders

including the Department of Water Affairs

Unlawful sand mining causes harmful impacts on the environment. Sand mining is

the extraction of sand, which generally takes place in or under the ground, in water

courses or in coastal areas. Unlawful sand mining result in rivers being diverted,

and eventually resulting in the loss of ecosystem services. More common impacts

include undermining the structural integrity of bridges and compromising the quality

of water.

KWAZULU-NATAL:Search warrants were obtained to enter sand mining operators along the Umkomaas

and uMvoti rivers. Three operators were found without the requisite environmental

authorisation. The KwaZulu-Natal Department of Agriculture and Environmental Af-

fairs issued a sand mining operator along the UMvoti River with a Compliance No-

tice. The operator refused to comply with this notice. Subsequently, the matter was

transferred to the Department of Environmental Affairs who conducted a site inspec-

tion and issued the operator with a new compliance notice. Criminal investigations

were initiated and are at an advanced stage.

LIMPOPO:EMIs targeted the Mogalakwena River in Steilloop, Klein Lethaba River, Bungeni and

Indermark in the Capricorn District. A criminal docket was opened in relation to the

Mogalakwena River operation as sand mining is being conducted without the neces-

sary authorisation. Four arrests have been effected in relation to the operations at

Indemark and the criminal investigation is ongoing.

MPUMALANGA:Sand mining operators in the Sikhwahlane area were not in possession of the re-

quired environmental authorisation, which resulted in the destruction of 3.6 hectares

of indigenous vegetation including a wetland. As such, 19 arrests were made and

vehicles were seized.

NORTHERN CAPESand mining operations in Stryd River and Buffels River were targeted. The cases

are being investigated by the Northern Cape Department of Environmental Affairs

and Nature Conservation.

FREE STATE:The EMIs sought to monitor compliance with the instructions contained in a Com-

pliance Notice issued to a sand mining operator in Aliwal North. The operator was

found to be fully compliant and the affected area was rehabilitated.

DATE: August 13-17 2012

WHERE: Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpuma-

langa, North West and Western Cape

WHO: The Environment Management Inspectors (EMI) at the

Department of Environmental Affairs and its provincial

counterparts

Operation Skhumba focuses on the taxidermy and tannery indus-

tries. Skhumba is an Nguni word meaning “animal hide”. The blitz

was executed following an increase in the number of rhinos poached.

The Green Scorpions conducted inspections in about 28 facilities to

assess compliance with the legal requirements related to waste, pol-

lution and biodiversity.

With regards to biodiversity, the inspections had two main aims.

Firstly, to assess compliance with the Threatened or Protected Spe-

cies Regulations (ToPS) and secondly, to assess compliance with

the amended norms and standards for the marking of rhinoceros and

rhinoceros horn and for the hunting of rhinoceros for trophy hunting

purposes.

The role of the taxidermist is to manage the processing and exporta-

tion of the horns. Taxidermists are also required to report all horns

received to the respective provincial conservation authorities and are

required to keep a register detailing the date of receipt of the horns,

its weight, micro chip numbers as well as the hunting permit, trans-

port permit and professional hunting register numbers. The operation

sought to ensure that the norms and standards were adhered to.

Operation Skhumba also focussed on some of the country’s tanner-

ies to ensure adherence to environmental legislation. Many were

found to be incompliant, with the most frequent transgression being

poor waste management processes.

The Environmental Management Inspectors

(EMI) have, for years worked tirelessly at en-

suring companies comply with South African

legislation regulating Health Care Risk Waste

(HCRW – medical waste) in relation to disposal

and management of such waste.

As a result of these efforts, the EMIs are

pleased at the level of compliance achieved by

most of the treatment facilities operating in this

sector. The EMIs are also seeing less illegal

disposal of HCRW in the open veld. Follow-

up inspections will be undertaken to determine

whether these levels of compliance are being

maintained. A database of all HCRW offenders

is also being developed (including members of

close corporations and directors of companies)

WHAT: Burial of largest volume of health-

care risk waste

DATE: November 27 2009

WHERE: WelkomWHO: The National Department of Envi-

ronmental Affairs (DEA), through

its Environmental Management In-

spectorate (EMI)

After executing a search warrant at Maximus

Bricks, a brick manufacturing facility and there-

after on three other properties, the discovery

of the illegal medical waste disposal sites were

highlighted as well as the enforcement actions

initiated by the department.

In response to a compliance notice issued

by the DEA, Wasteman, through the services

of an independent waste management com-

pany, began the clean-up and rehabilitation

operation of the four sites in Welkom in March

2010. The excavated materials consisted pre-

dominantly of chemical waste, sharps which

included syringes, blood vials, needles and

other general medical waste, such as swabs,

intravenous bags, pharmaceutical matter and

even anatomical waste.

The removal of the HCRW was closely mon-

itored by an independent specialist as well as

the authorities and the waste was safely dis-

posed of at authorised high hazard landfi ll sites.

The clean-up and rehabilitation operations

were completed at the end of October 2010,

with a total volume of about 18 000 tons (waste

mixed with soil) being removed from the af-

fected properties. During this enforcement process, a total of

16 administrative enforcement notices (includ-

ing pre-notices) were issued, of which four of

the fi nal notices were not complied with by

other parties involved in the illegal operations.

The total cost of the clean-up and reme-

diation was in the region of between R50 and

R60-million. Although the criminal case was

struck off the court roll as further investigation

was required, the National Prosecuting Author-

ity is aiming to enroll the case in the High Court

in Bloemfontein in 2014.”

TRENDS OBSERVED IN RELATION TO THE

HCRW SECTOR:

• More illegal activities linked to landfi ll sites -

untreated HCRW disposed at landfi lls;

• Individuals who are associated with compa-

nies being investigated - create new entities

and continue with illegal activities;

• Businesses being awarded tenders that do

not always have the necessary infrastruc-

ture / licensed facilities / contracts;

• Increased enforcement against generators

of waste who must take more care in ap-

pointing legally compliant service providers.

DATE: April 8-19 2013

WHERE: KwaZulu-Natal, Northern Cape, Eastern Cape,

Free State, Gauteng, Limpopo and Mpumalan-

gaWHO: The Environmental Management Inspectors

(EMI) at the Department of Environmental Af-

fairs and its provincial counterparts.

Operation Cold Blood focussed on the illegal trade of rep-

tiles. A number of facilities, including pet shops and reptile

keepers, were inspected. Numerous exotic and indigenous

species were found and the blitz was used as an opportu-

nity to raise awareness regarding the legislative require-

ments related to reptiles.

OVERVIEW OF REQUIREMENTS FOR PET OWNERS

AND TRADERS:• Permits are required for all indigenous reptiles in all

provinces except KwaZulu-Natal, with the exception of

Gaboon vipers, monitors, tortoises, African Rock Python

and crocodiles, where a permit in KZN is required as

well; • It is illegal to collect an indigenous reptile without a

permit in another province and transport it to KwaZu-

lu-Natal; • A permit is needed to export an indigenous reptile out

of KwaZulu-Natal; • A permit is needed to import any exotic amphibian,

invertebrate or reptile into KwaZulu-Natal;

• It is a criminal offence to provide false information on

a permit application;

• All South African tortoise species are protected by law;

• For a permit, contact your nearest nature conservation

offi ce;• Gauteng Nature Conservation allows the public to keep

Leopard tortoises with a permit, if they can be legally ac-

quired. However, one may only keep one

sex of Leopard Tortoise and

breeding is not allowed;

• Gauteng does not require per-

mits for exotic reptiles, only

indigenous;• The Western Cape re-

quires that all reptiles

are on permit, whether

indigenous or exotic; • In the Northern Cape

you need a permit for

all reptiles or any action

with them;• Matters of the environ-

ment are a concurrent

competence between na-

tional and provincial gov-

ernment. The implication of

this is that some species are

governed by national legislation and

some by provincial legislation, and in some

cases both. It is the responsibility of the permit applicant

to obtain the correct permits; and

• A permit is subject to the provisions of any applicable

law in force during the period of the validity of the permit.

For detailed information on the regulations for reptiles,

contact your provincial offi ce of Environmental Affairs. htt-

ps://www.environment.gov.za/contacts/provincial_offi ces

quired. However, one may only keep one

sex of Leopard Tortoise and

• Gauteng does not require per-

mits for exotic reptiles, only

competence between na-

tional and provincial gov-

ernment. The implication of

this is that some species are

governed by national legislation and

some by provincial legislation, and in some

cases both. It is the responsibility of the permit applicant

to obtain the correct permits; and

• A permit is subject to the provisions of any applicable

law in force during the period of the validity of the permit.

For detailed information on the regulations for reptiles,

contact your provincial offi ce of Environmental Affairs. htt-

ps://www.environment.gov.za/contacts/provincial_offi ces

HEALTH CARE RISK WASTE

Illegal sand mining

Tree and river

disposal of HCRW in the open veld. Follow-

up inspections will be undertaken to determine

whether these levels of compliance are being

maintained. A database of all HCRW offenders

is also being developed (including members of

close corporations and directors of companies)

of the illegal medical waste disposal sites were

highlighted as well as the enforcement actions

initiated by the department.

In response to a compliance notice issued

by the DEA, Wasteman, through the services

of an independent waste management com-

pany, began the clean-up and rehabilitation

Illegal sand mining

Veld & wetlands - East London

Page 4: PUTTING A STING IN ENVIRO CRIME

GOOGLE, the giant search engine, has made $3 million avail-able for the DNA Barcoding and Endangered Species Project. The Google grant is conferred through the Global Impact Award to the Smithsonian Institution in Washington, DC. This project seeks to standardise the tools from biotechnology and web-based informatics, that would enable the protection of en-dangered species around the world. South Africa is among six countries in the world selected to partake in this initiative. It is aimed at developing DNA bar-cod-ing as the global standard for identifying and clamping down on the illegal trade in endangered species. The DNA Barcoding and Endangered Species Project is intended to run for a period of two years, from 2013 to 2015. This project is closely linked to the Convention on Interna-tional Trade of Endangered Species in Wild Fauna and Flora (CITES) and was initiated by the Consortium for the Barcode of Life (CBOL), the United States National Museum of Natural History and the Smithsonian Institution in Washington, DC. The goal of the project is to initiate a chain reaction that would elicit participation from other countries towards using DNA barcodes for improved species protection through bor-der inspection and the investigation and prosecution of illegal poaching and traffi cking. The project aims to see the introduction of DNA barcode evidence in courtroom prosecutions of wildlife crime. South Africa recognises the importance of establishing such a reference library and therefore, a National Project Com-mittee has been established. The short-term goals are to employ the use of DNA bar-code evidence in investigations, prosecutions and convictions by November 2014 and to construct a reference barcode library containing 200 priority endangered species and 8 000 closely related or look-alike species to support partner countries.

KEY FINDING: Designated EMIs within each institution: SANParks (670), KZN Wild-life (423) and Eastern Cape Park and Tourism Agency (107) have the most EMIs (majority are Grade 5 fi eld rangers) followed by Limpopo (92), the DEA (63) and Western Cape (57). Mpumalanga (12), Mpumalanga Tourism and Parks Agency (11) and Isimangaliso (5) have the least.

KEY FINDING:Eastern Cape Parks and Tourism Agency showed an annual increase from 62 EMIs in 2011/12 to 107 in 2012/13, followed by Gaut-eng with an increase of 63%. CapeNature re-corded a 175% increase from eight to 22 EMIs and KZN Wildlife, which had a 36% annual in-crease of EMIs.

BETWEEN April 2012 and March 2013, both the higher and lower courts considered and pro-nounced on several cases involving the interpreta-tion and application of en-vironmental law. The cases summa-rised below are just two examples of both civil and criminal cases heard dur-ing the reporting period.

FIVE BUSTED FOR CY-CAD POACHING:The Eastern Cape Depart-ment of Economic Affairs Environment and Tourism received information relat-ing to a syndicate that was alleged to have been poach-ing cycads in the Eastern Cape. The department’s en-vironmental management inspectors acted on the in-formation and Loyiso Booi and Fexele Mafuya were arrested in the Kei Bridge area in possession of 35 cy-cads valued at R150 000. Further information was re-ceived, and three more peo-ple were arrested. Frederick Small, Lenathi Khumalo and Daniel Mbosa were found in possession of 43 cycads originating from Uitenhage and Nqamakwe. On December 13 2011, Booi and Mafuya were found guilty and sentenced to R3 000 or three months imprisonment, wholly sus-pended for fi ve years. Small was sentenced to six years imprisonment of which three years were sus-pended for fi ve years, and an LDV Bakkie and trailer was forfeited. Khumalo and Mbosa were sentenced to R12 000 or three years imprison-ment, wholly suspended for fi ve years.

TIMBER COMPANY COUGHS UP R450 000:The Nelspruit Regional Court recently passed a groundbreaking judgment which granted a confi sca-tion order worth R450 000 against York Timbers (Pty) Ltd. This follows a sentence of R180 000 to York Tim-bers, after the company pled guilty to the commencement of a listed activity in the ab-sence of an environmental authorisation. York Timbers operates a saw mill and plywood manufacturing facility in Mpumalanga. The payment of the R450 000 is due to the amount that York Timbers saved by failing to obtain an environmental authorisa-tion. York Timbers began to widen a forest road in 2007 without having employed the services of an environ-mental assessment practi-tioner or obtaining an envi-ronmental authorisation. When York Timbers eventually did submit an ap-plication for such an authori-sation, it omitted to inform authorities that it had actu-ally already commenced with the activity more than six months prior to the ap-plication. The court awarded a punitive order of costs. Department of Envi-ronmental Affairs spokes-man Albi Modise explained: “Although this type of order has previously been used to deprive offenders of the benefi ts obtained from wild-life crimes, this is the fi rst successful application for such an order relating to a contravention of environ-mental impact assessment legislation in South Africa.”

LANDMARK ENVIRONMENTAL CASES

EMI ENFORCERS: Protecti ng our nati ons highly endangered Cycads

ARCHIVE: The Nati onal Museum of Natural History has over 60 000 bird specimens representi ng more than 80% of the world’s known species

STOPPING CRIME WITH TECHNOLOGY: A handheld barcoder, as shown here, has many uses. Promoti ng technology development of portable devices for fi eld use iS a major initi ati ve

GOD’S WONDER: Earth is home to an esti mated 10 million spe-cies of plants and animals

DNA BARCODING USED TO PROTECT LIVES

ENVIRONMENTAL MANAGEMENT INSPECTORATE Q&A

CECILIA PETLANEDIRECTOR:COMPLIANCE MONITORING GDARD

Project aimed at clamping down on illegal trade of endangered species

WHAT IS CITES? CITES is an acronym for the Conven-tion on International Trade in Endan-gered Species of Wild Fauna and Flo-ra. CITES is a United Nations Treaty ratifi ed by 175 countries, including South Africa. CITES states: Annually, international wildlife trade is estimated to be worth billions of dollars and to include hundreds of millions of plant and animal specimens. The trade is diverse, ranging from live animals and plants to a vast array of wildlife products derived from them, including food products, exotic leather goods, wooden musical instruments, timber, tourist curios and medicines.

NUMBERS:• 1.8 million – The number of for-

mally named and described spe-cies on Earth;

• 33 000 – The amount of species that have been categorised as being in danger of extinction by CITES;

• 1200 – Are protected by CITES;• 5500 – The number of known

mammals on Earth;• 800 – of the 5500 are protected

under CITES;• 1100 – of the 5500 are catego-

rised as threatened by CITES;• 256 – the amount of barcode re-

cords for mammals available; and• 24% - Of bird species have been

barcoded.

WHAT IS DNABARCODING:A DNA barcode is a short gene se-quence taken from standardised por-tions of the genome, used to identify species.

F CT BOX CT BOX

Hermit Thrush

Diff erences in DNA barcodes help create trees showing geneti c dis-tances between species.

American Robin Bumblebee Honey Bee

Q: Why or what made you interested in becoming a part of the Gauteng provin-cial department?

A: I was interested in joining the then GDACE in 2004 due to the great reputation the or-ganisation had gained. The culture within the organisation assists people to become the best that they can be in ways that ena-bles them to align their natural strengths and preferences with the needs of the in-stitution.

Q: How long have you been an EMI?A: Since July 2006, which is now seven

years. I formed part of the initial cohort of EMIs trained nationally and provincially.

Q: Being one of the fi rst group of desig-nated EMIs, can you give us some in-sight into how you have perceived the growth and development of the inspec-torate?

A: The Gauteng Inspectorate has grown considerably in terms of numbers, with the number of designated EMIs rising from 15 in 2006 to 70 at present. There has also been growth in terms of the expertise and knowledge acquired, as well as equip-ment. Our presence is seen and felt all over the province and beyond the provin-cial borders.

Q: As an EMI focused on doing compli-ance monitoring, can you share with us some of the problems you face in the fulfi llment of your functions?

A: Dealing with diffi cult and arrogant devel-opers. EMIs are still experiencing some pockets of resistance from the regulated communities. Some property owners still refuse to allow EMIs entry onto their prop-erties for the purpose of inspections and investigations. In some instances, EMIs even face life-threatening situations where they are pointed at with fi rearms.

Q: What kind of suggestions or advice would you have for newly appointed EMIs?

A: To be passionate about your work and to keep your ethics and good values as EMIs at the helm of your career.

Q: What is your worst quality? A: Sometimes I can be very impatient and

anxious to get the results of the work that is being done in a short space of time. This tends to put unnecessary pressure on many offi cials.

Q: Who is your role model and why?A: My mom, who taught me that hard work

has not killed anyone. She also taught me to treat others with respect.

RYNO SERFONTEINENVIRONMENTAL MANAGEMENT INSPECTOR

Q: Why did you decide to become an EMI?A: The environmental legislation and the en-

forcement thereof was a new fi eld at that stage and posed new challenges, which I like.

Q: How long have you been designated as an EMI?

A: 5 years.Q: You were a member of the SAPS prior

to joining the department. How did you fi nd the transition from being a police offi cer to an EMI?

A: The transition was quite easy because I am doing the same kind of work that I did in the SAPS, just working with different legislation.

Q: What is the most embarrassing thing that ever happened to you as an EMI?

A: The deputy minister called me on my cell-phone one evening to establish the facts in a case that I was investigating. At that stage, I had problems with a female re-porter calling me from a newspaper on a regular basis who wanted information regarding the matter, and I kept referring her to our department’s communications section. The lady from the newspaper had the same name as the deputy minister. When the deputy minister called me that evening I thought it was the lady from the newspaper again, and referred the deputy minister to our communications section. The deputy minister then politely informed me that she was the deputy minister and just wanted to know about the status of the case.

Q: What part of this job is most satisfy-ing? And what part of it is the most challenging?

A: Satisfying: The environment that I work in, as well as securing convictions in cases which I have worked on. Many suspects think that our kind of work is not important and that we are stupid. These are the best cases to investigate because you can al-

ways catch them off guard. Challenging: I must say it has improved, but I still fi nd it frustrating that court rolls are so full and that cases are remanded for long periods.

Q: Who would you say has been the most helpful in your career? How did they help you?

A: I would defi nitely say my wife, because without her support I would not have been where I am today.

Q: What do you see as major problems for those working in this fi eld today?

A: We are working with big companies, which are getting cleverer by the day. EMIs should not be intimidated by the compa-nies or their legal representatives. Know your legislation and always act profes-sional and calm.

PASSIONATE: Determined to protect

Honey Bee

C = BlueA = Green

T = RedG = Black

Mitochondrial Gene COINucleoti de Sequence

American Robin

TOP CROP: Cecilia Petlane with fellow EMIs

Page 5: PUTTING A STING IN ENVIRO CRIME

I K E E : I X A R RA I I KE

environmental affairsDepartment:Environmental AffairsREPUBLIC OF SOUTH AFRICA