THE MINISTER OF WATER ENVIRONMENTAL AFFAIRS GAZETTES AMENDMENTS TO THE THREATENED OR PROTECTED SPECIES REGULATIONS, 2007

Environmental Panorama
International
August of 2012


03 August 2012 - The Minister of Water and Environmental Affairs, Ms Edna Molewa published under section 97 of the National Environmental Management Biodiversity Act, 2004 (Act No. 10 of 2004), non-substantive amendments to the Threatened or Protected Species (ToPS) Regulations in Gazette No. 35565 of 2 August 2012, for immediate implementation.

The original Regulations provide for certain legal responsibilities to be carried out specifically by provincial departments where “provincial department” is defined in the ToPS Regulations as being the provincial department responsible for the conservation of biodiversity in a province. However, in the case of Mpumalanga, Western Cape and KwaZulu-Natal, the function of biodiversity conservation are performed by organs of the state and not the provincial department. Therefore the definition of “provincial department” was not clear and capable of different interpretations as it could be argued that an organ of state in the above-mentioned provinces do not have the legal mandate to perform specific functions in terms of the ToPS Regulations, and are also not in a position to comply with the ToPS Regulations. The amendments published today rectify this with a definition of provincial departments that is inclusive of an organ of state responsible for the conservation of biodiversity in a province.

In the original version of the ToPS Regulations, only the Minister was the issuing authority for restricted activities carried out by national and provincial departments on land under their jurisdiction; and in national protected areas. This provision was therefore not clear as to whom the issuing authority was when provincial officials are tasked with carrying out restricted activities on private land. Consequently, the amendment of regulation 3(2) of the ToPS Regulations clarifies that the Minister is the issuing authority for permits relating to the carrying out of restricted activities involving any listed threatened or protected species: in a national protected area; by an official of an organ of state and by an organ of state for the control of damage causing animals originating from protected areas or private land.

Furthermore, regulation 3(3) of the ToPS Regulations has been amended to provide clarity. The MEC is the designated issuing authority for permits relating to the carrying out of restricted activities involving specimens of any listed threatened or protected species, excluding permits relating to: restricted activities carried out in a national protected area; restricted activities carried out by an official of an organ of state; listed threatened or protected marine species and the control of damage causing animals by an organ of state originating from protected areas or private land in compliance with regulation 14.

On 14 May 2012 the Minister published in Gazette No. 35343 the “Prohibition of trade in certain Encephalartos (Cycad) Species”; this notice was found to be in direct conflict with ToPS Regulations 25 and 71(3). Accordingly, Minister Molewa has now repealed the above-mentioned regulations.

In order to facilitate effective implementation of the ToPS Regulations, these amendments will become effective immediately on the date of publication.

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South Africa to sign MoU with Vietnam to address ongoing scourge in poaching and other environment crimes

03 September 2012 - South Africa’s efforts to address the ongoing poaching of rhino for its horns will be taken to a new level when South Africa signs a Memorandum of Understanding (MoU) with Vietnam at the 11th meeting of the Conference of the Parties (COP 11) to the Convention on Biological Diversity (CBD).

COP 11 will be held in Hyderabad, India, from 8 to 19 October 2012.

This comes as the latest rhino poaching statistics indicate that a total of 373 rhinos have been killed since the beginning of this year. The total number of arrests stands at 199.

Thus far, the Kruger National Park has lost 229 rhinos to poaching. Limpopo, KwaZulu-Natal and the North West provinces continue to be the hardest hit by poachers- collectively accounting for the loss of 117 rhinos.

The Memorandum of Understanding on Cooperation in the field of Biodiversity Conservation and Protection will coverco-operation between South Africa and Vietnam in the field of biodiversity management, law enforcement, compliance with the Convention on International Trade in Endangered Species (CITES)and other relevant legislation.

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Deputy Minister Mabudafhasi to lead the Women in Water & Environment Dialogue at Birchwood Hotel Boksburg

17 August 2012 - The Deputy Minister of Water and Environmental Affairs, Ms Rejoice Mabudafhasi, will lead the Women in Water and Environment Dialogue at Birchwood Hotel, Boksburg, Gauteng Province on 20 and 21 August 2012.

The objective of the Dialogue is to explore the extent of women's involvement in the water and environmental sectors and Green Economy business enterprises, assess level of support such as funding mechanisms, the challenges encountered and recommend solutions to help women get into mainstream economy.

The theme for the conference is “Addressing unemployment, poverty and inequality: together contributing towards the progressive future for women.”

The conference also aims to provide a platform to encourage women to share knowledge, expertise, skills and success stories to increase impact and benefits of those still developing.The building and strengthening of relationships will be achieved by bringing under one roof women professionals coming from diverse backgrounds such as government, NGOs, private sector, experts, academics, business leaders and other women in South Africa

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The Minister of Water and Environmental Affairs gazettes the Integrated Industry Waste Tyre Management Plan of REDISA for immediate implementation

01 August 2012 - The Minister of Water and Environmental Affairs, Ms Edna Molewa published the Integrated Industry Waste Tyre Management Plan (IIWTMP) of the Recycling and Economic Development Initiative of South Africa (REDISA) in terms of Regulation 11(4) of the Waste Tyre Regulations, 2009 in Gazette No 35534 of 23 July 2012 for immediate implementation.

The Minister approved the REDISA IIWTMP in a letter dated 15 November 2011 and published it in Gazette No 34796 of 28 November 2011.

The approval of this plan was subsequently withdrawn through a notice in theGazette on 26 January 2012. The approval was withdrawn to ensure that all stakeholders and the public were given more opportunity to make comments on the proposed plan since some industry members had raised concerns regarding the consultation process that was followed for this plan. REDISA then advertised the availability of their plan and called for comments in a range of newspapers between January and February 2012.

Comments received through this process were considered and a comments and response document was prepared and submitted together with the plan to the Department on 10 February 2012. The Minister subsequently published the revised plan in the government Gazette No. 35147 of 17 April 2012 to afford the general public a period of 30 days to make further inputs on this plan. The comments received were reviewed and the plan was revised accordingly, and thus published for implementation.

The National Environmental Management: Waste Act 2008 (Act No. 59 of 2008) clearly anticipates the need to address national issues with holistic national plans and the REDISA plan was drafted taking cognisance of this. Over and above the obvious objective of managing waste tyres in a manner that minimises their negative impacts on the environment and human well-being, the REDISA Plan is centred around; amongst others, job creation, the need to include and empower the existing informal sector as well as sustainability. These are key aspects necessary to meet the transformative social-economic objectives of the country.

This plan will be funded through a per-kilogram levy on tyres manufactured in or imported into South Africa. The rand per-kilogram cost is determined on the basis of all operational and capital costs required to make the plan work and is currently set at R2.30/kg.

The benefits of an IIWTMP include, but are not limited to, ensuring that the negative environmental impacts of tyres are minimised as well as ensure co-ordinated industry action.

The intention is to ensure that the management of waste tyres follows the waste hierarchy which advocates for avoidance of waste, re-use, recycling and recovery of energy and disposal as the last option. This will in turn curb the well known impacts of waste tyre stockpiles such as human health risks associated with mosquito and vermin breeding as well as air pollution impacts from burning of tyres and fire hazards.

Furthermore, this approach will extend the life spans of landfill sites, especially in this age when land contestation is high and hence land availability for development of landfill sites is scarce. The plan aspires to, through its research and development initiative, establish and encourage a vibrant recycling sector. Examples of products that can be derived from recycling tyres include rubber, oil, bricks and tiles.
To access the gazette notice, click on the link below:
http://www.environment.gov.za/sites/default/files/gazetted_notices/nemwa_redisa_g35534gon564.pdf

Background information

South Africa produces close to 200 000 tonnes of waste pneumatic tyres annually of which only 5% of the waste tyre are presently utilized for grinding or recycling. Waste tyres do not compact and are therefore not welcome in landfill sites, waste tyres are either burnt for the small amount of metal that can be retrieved from them or are piling up in illegal storage sites, which spans over several very large tracks of land all over the country. These sites are a fire hazard and provide a breeding ground for mosquitoes.

In order to address this situation, the Department of Environmental Affairs (DEA) promulgated Waste Tyre Regulations on 13 February 2009, which came into effect on 30 June 2009. The regulations give effect to the principles of Producer Responsibility whereby producers are provided an opportunity to determine the manner in which they would manage and finance the management of tyres once they become waste. In terms of Regulation 6 of the Waste Tyre Regulations, 2009, tyre producers are required to register with the Minister of Environmental Affairs and thereafter prepare and submit to the Minister an IIWTMP for approval. In response to this regulation, an IIWTMP was received from REDISA.

 
 

Source: South African Environmental
Press consultantship
All rights reserved

 
 
 
 

 

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