Questions and Replies

Reply:

aa) Department of Environmental Affairs

a) i) Two (2) cases have been reported to SAPS.

ii) Four (4) cases have been reported to DPCI.

b) i) Four (4)

ii) Six (6)

iii) As far as the Department is aware, none of the cases have been finalised by the SAPS/DPCI.

bb) South African National Biodiversity Institute (SANBI)

a) i) No cases have been reported to SAPS.

ii) No cases have been reported to DPCI.

b) i) Not applicable.

ii) Not applicable.

iii) Not applicable.

iSimangaliso Wetland Park

a) i) No cases have been reported to SAPS.

ii) No cases have been reported to DPCI.

b) i) Not applicable.

ii) Not applicable.

iii) Not applicable.

South African Weather Service (SAWS)

a) i) Five (5) cases have been reported to SAPS.

ii) No cases have been reported to DPCI.

b) i) Five (5).

ii) Five (5).

iii) Cases are still under investigation.

South African National Parks (SANParks)

a) i) Four (4) cases have been reported to SAPS.

ii) No cases have been reported to DPCI.

b) i) Four (4).

ii) Four (4).

iii) Cases are still under investigation.

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Reply:

(1) (a) One hundred and sixty eight (168) landfill sites exists in the Northern Cape, of which 26 are private owned and 142 belongs to different municipalities.

(b) Minister has issued 128 licenses for landfill while MEC in Northern Cape issued 40 licenses

(i) MEC issued 11 Licenses in 2014/2015 financial year; 2015/16 MEC issued 4 Licenses; 2016/2017 MEC issued 24 Licenses. The minister issued 1 licence in 2015/2016 financial year. No licence was issued by the Minister for the landfill sites in 2016/2017 financial year.

(ii) MEC issued 01 Licence in 2017/2018. The Minister did not issue any licence in 2017/2018 financial year.

(2) (a) There are 26 Municipalities in Northern Cape

(i) Twenty four (24) municipalities in the Northern Cape have licences, however, the sites are partially complying with the landfill legislation and/or licence/permit conditions.

(ii) 24 Twenty four (24) municipalities have licences.

(b) The following are the names of Municipalities that have licensed landfill sites: Richtersveld; Sol Plaatjie; Kamiesberg; Siyathemba; Kai !Garib; Ga-Segonyana; Emthanjeni; Nama Khoi; Kareeberg; Renosterberg; Gamagara; Dikgatlong; Magarageng; Phokwane; Joe Morolong; Hantam; Karoo Hoogland; Khai-ma; Siyancuma; Themelihle; Umsobomvu; Dwid kruiper; !Kheis; Kgatelopele.

(3) (a) There are 26 Municipalities in Northern Cape

(i) 2.

(ii) 2

(b) Tsantsabane (Postmasburg site) and Ubuntu Local Municipalities (Richmonds site)).

(c) Funding and capacity constraints have been indicated for these sites not having licences in place.

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Reply:

1. All SMS members declared their interests

(a) Not applicable

(b) Not applicable

(c) (i) Not applicable

(ii) Not applicable

2. Not applicable

3. (a) 1 Employee on Salary Level 12

(b) (i) Not applicable

(ii) Not applicable

(iii) Not applicable

(iv) 1 Employee

4. R597 966.00

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Reply:

No, the mandate of the department has not changed.

The mandate of the Waste Management Bureau is outlined in the National Environmental Management Waste Amendment Act, Act 26 of 2014 (NEMWAA). Part 7A, Section 34A of NEMWAA refers to the establishment of the Waste Management Bureau.

Section 34D relates to some of the objects of the Waste Management Bureau as listed below.

“34D. The objects of the Bureau are to—

(a) function as a specialist implementing agent within the Department in respect of matters delegated to the Bureau in terms of this Act;

(b) promote and facilitate minimisation, re-use, recycling and recovery of waste;

The presentation to the committee reflected on a transitional phase in the management of waste tyre operations. It was indicated that National Treasury gave an approval for the appointment of service providers that had been contracted through Recycling & Economic Development Initiative of SA (REDISA) without following an open tender for a maximum period of twelve (12) months.

Contracts were subsequently entered into for 3-12 months period. All contracts are coming to an end on 30 September 2018 and the Bureau is following an open competitive process to ensure continuity and improve the management of waste tyres in South Africa.

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Reply:

1(a) 22

1(a)(i) 2015/2016 - 10

2016/2017 - 7

2017/2018 - 4

1(a)(ii) 2018/2019 - 1

YEAR	COST
2015/2016	R 194 875
2016/2017	R 84 121
2017/2018	R 182 016
2018/2019	R 41 607
TOTAL	R 502 619

1(b)

1(c)(i) 3

1(c)(ii) Vehicles not economically repairable

2 None of the Departmental vehicles are currently fitted with tracking devices

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Reply:

(a) The remuneration to participants is dependent on budget allocation, which is not necessarily linked to the levy. Therefore current and future sustainability is determined on the basis of budget allocation.

(b) refer to (a).

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Reply:

a) (i) No, the stockpiles must be dealt with by the stockpile owners who must fund the management of their stockpile.

(ii) No, the Waste Bureau has not issued any such authorisation.

b) The stockpile owners, on approval of their stockpile abatement plans, are issued with an approval letter, with conditions. These conditions include time-frames for the implementation of the abatement plan. The letter requires the submission of annual reports to enable the Department and the Waste Management Bureau to track progress.

c) 3 stockpile abatement plans were submitted and approved by the Minister. Only 1 plan has submitted the annual report. Letters of non-compliance have been issued to the remaining 2 approved abatement plan owners requesting submission of the report by July 2018.

d) Letter requesting annual reports have been sent to the owners for submission by July 2018.

e) DEA is engaging with historical stockpile owners (stockpiles before November 2012) with regard to their responsibility on submission of receipt of the annual reports as per their approved abatement plans. Site visits are part of the standard operating procedures for compliance monitoring to verify the information contained in the annual reports, and consequent compliance against the Waste Tyre Regulations is determined accordingly.

f) The stockpiles created by REDISA as well as waste tyres collected from collection points are sorted and pre-processed at depots prior to being delivered to processors and/or secondary industries. The Waste Bureau is gradually increasing its OTR pre-processing capability by incrementally procuring preprocessing equipment, as well exploring markets for the pre-processed OTR material. These efforts will then enable the Bureau to address the post levy stockpiles. Stockpiles which do not fall within the category above (Historical waste tyre stockpiles) are dealt with in terms of Regulations 7, 8 and 9 of the Waste Tyre Regulations of 2017. Owners of Historical waste tyre stockpiles are expected to register with the Minister, as well as submit abatement plans to the Minister for approval.

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Reply:

(a) There is no total budget allocated to Mogalakwena project. The service provider is contracted to preprocess post levy tyres at an agreed rate per kilogram.

(b) (i) Refer to a

(ii) Refer to a

(iii) Refer to a

(iv) Refer to a

(v) Refer to a

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Reply:

The process associated with the time-frames for possible take-over of contracts will depend on my decision as the Minister, relating to the submitted plan/s, once the current process is complete.

The approval and/or rejection of Industry Waste Management Plans is regulated by section 32(1) of National Environment Management: Waste Act (Act no 59 of 2008) as amended. The Department is currently consolidating the comments received and as the Minister I will consider the four (4) tyre Industry Waste Management Plans received in terms of section 28(1) terms of section 28(2) or 29(2), and may:

a) approve the plan in writing, with any amendments or conditions, and give directions for the implementation of the plan;

b) require additional information to be furnished and a revised plan to be submitted within timeframes specified by the Minister for approval;

c) require amendments to be made to the plan within timeframes specified by the Minister; or

d) reject the plan with reasons if it does not comply with the requirements of a notice in terms of section 28(1).

The final decision will be issued and communicated in terms of section 32(6), which requires that such notice be given in the Government Gazette.

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Reply:

(a) The sustainability of the remuneration to participants is dependent on budget allocation.

(b) Redisa did not adequately address the recycling of waste tyres. The stockpiles created by Redisa as well as waste tyres collected from collection points are sorted and pre-processed at depots prior to being delivered to processors and/or secondary industries. The Waste Bureau is gradually increasing its OTR pre-processing capability by incrementally procuring pre-processing equipment as well as exploring markets for the pre-processed OTR material. These efforts will then enable the Bureau to address the post levy stockpiles. Stockpiles which do not fall within the category above (Historical waste tyre stockpiles), are dealt with in terms of Regulations 7, 8 and 9 of the Waste Tyre Regulations of 2017. Owners of Historical waste tyre stockpiles are expected to register with the Minister as well as submit abatement plans to the Minister for approval.

(c) The Bureau has lease agreements in place with the depots in the attached list.

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Reply:

The Waste Bureau has to issue new tenders for storage and preprocessing facilities because most of the contracts with current owners are expiring on 30 September 2018 and cannot be extended further due to the fact that National Treasury only permitted the contracts to be for a maximum period of
12 months, which 12-month period now expires on 30 September 2018.

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Reply:

The fence at Klerksoord Depot was erected in March 2018. The depot landlord has arranged to be in compliance with fire safety requirements by end of June 2018. The process of erecting a borehole following a lack of response to an application for water connection from City of Tshwane is underway.

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Reply:

(a) The table below shows the comparison between the Waste Bureau and Redisa in term of waste tyres processed on an annualised basis. It shows that if exports are excluded, then the Waste Bureau performs better than Redisa.

	Oct17-Mar18 Annualised	Dec16-Jul17 Annualised
	Recycled (Tons)
Category	Waste Bureau	Redisa
Re-use	3 277	78
Crumbing	7 945	4 482
Pyrolysis	3 616	6 357
TDF	21 772	14 426
Sub-Total (excl Exports)	36 610	25 343
Exports	0	12 473
Total incl Exports	36 610	37 816
Estimated waste tyres arising	170 226
Recycling as % waste tyres arising (excl exports)	21,5%	14,9%
Recycling as % waste tyres arising (incl exports)	22,5%	22,2%

(b) As shown in (a) above, the recycling rate as % of waste tyres arising is 21.5%. The recycling rate is 22% for both the Waste Bureau and Redisa if exports are included.

(c) The stockpiles created by Redisa as well as waste tyres collected from collection points are sorted and pre-processed at depots prior to being delivered to processors and/or secondary industries. The Waste Bureau is gradually increasing its OTR pre-processing capability by incrementally procuring pre-processing equipment as well exploring markets for the pre-processed OTR material. These efforts will then enable the Bureau to address the post levy stockpiles. Stockpiles which do not fall within the category above (Historical waste tyre stockpiles), are dealt with in terms of Regulations 7, 8 and 9 of the Waste Tyre Regulations of 2017. Owners of Historical waste tyre stockpiles are expected to register with the Minister as well as submit abatement plans to the Minister for approval.

(d) 874 tons of OTR were recycled during the period from Oct 2017 to March 2018.

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Reply:

Department of Environmental Affairs

1) (a) (i) Nil

(ii) Four (4).

(b)	Two (2) Incidencies reported	against the same manager, of sexual assault and/or harassment.
	One (1) incident reported	against a manager making sexual advances.
	One (1) incident reported	against an official, of touching of shoulders when walking by/past the complainants work station.

(2) Yes.

	Two (2) Incidencies reported	Basis established.
	One (1) incident reported	Basis established.
	One (1) incident reported	Mediation to caution the implicated officials to refrain from touching the complainant.

iSimangaliso

(1) (a) (i) Nil

(ii) Nil

(b) Not applicable

(2) Not applicable

South African National Biodiversity Institute (SANBI)

1) (a) (i) Nil

(ii) One (1).

(b)

One (1) Incident reported

A male staff member allegedly touched a female intern in an inappropriate manner.

(2) Yes.

One (1) Incident reported

An investigation was conducted and the offender (a male staff member) resigned immediately, before the institution of the disciplinary process.

South African National Parks (SANParks)

(1) (a) (i) Nil

(ii) Nil

(b) Not applicable

(2) Not applicable

South African Weather Service (SAWS)

(1) (a) (i) Nil

(ii) Nil

(b) Not applicable

(2) Not applicable

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Reply:

(1). The mandate of the Waste Management Bureau is outlined in the National Environmental Management Waste Amendment Act, Act 26 of 2014 (NEMWAA). Part 7A, Section 34A of NEMWAA refers to the establishment of the Waste Management Bureau.

Section 34D relates to the objects of the Waste Management Bureau as listed below.

“34D. The objects of the Bureau are to—

(a) function as a specialist implementing agent within the Department in respect of matters delegated to the Bureau in terms of this Act;

(b) promote and facilitate minimisation, re-use, recycling and recovery of waste;

(c) manage the disbursement of incentives and funds derived from waste management charges contemplated in sections 13B and 34D for the minimisation, reuse, recycling, recovery, transport, storage, treatment and disposal of waste and the implementation of industry waste management plans;

(d) monitor implementation of industry waste management plans and the impact of incentives and disincentives;

(e) progressively build capacity within the Bureau to provide specialist support for the development and implementation of municipal waste management plans and capacity building programmes; and

(f) support and advise on the development of waste management plans, tools, instruments, processes, systems, norms, standards and municipal waste management plans and capacity building programmes.”

Section 34E relates to the functions of the Waste Management Bureau and is listed below.

“34E. (1) The Bureau must—

(a) implement the disbursement of incentives and funds derived from waste management charges contemplated in sections 13B and 34D;

(b) identify and promote best practices in the minimisation, re-use, recycling or recovery of waste;

(c) progressively build capacity of the Bureau to support municipalities in the development and implementation of integrated waste management plans and capacity building programmes;

(d) support and advise on the development of industry waste management plans, integrated waste management plans and other tools, instruments, processes and systems, including specialist support for the development of norms or standards for the minimisation, re-use, recycling or recovery of waste and the building of municipal waste management capacity;

(e) monitor the implementation of industry waste management plans;

(f) monitor and evaluate the impact of incentives and disincentives; and

(g) perform any other task or function that the Minister may assign or delegate to the Bureau in relation to the implementation of this Act.

(2) The Bureau may—

(a) invest any of its money, after having complied with section 34F(2); and

(b) charge fees for services rendered, other than services rendered in terms of section 13A or to the Minister or the Department.”

(2) The Bureau will manage operations of the tyre industry until there is a new industry waste tyre management plan approved by the Minister. The Bureau will also be monitoring implementation of various other industry plans that the Minister will be approving in due course. The Minister has already called for three industry plans to be implemented in the short to medium term once approved. There will be many other plans that the Minister may approve in future and the Bureau will monitor implementation of all these plans.

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Reply:

(a) The process to fill the key positions in the Waste Management Bureau is underway and this is in line with Section 34D of the National Environmental Management Waste Act. The department is anticipating to conclude the process once the listing of the Bureau is effected.

Section 34D of the Act states that “the objects of the Bureau are to –

(e) progressively build capacity within the Bureau to provide specialist support for the development and implementation of municipal waste management plans and capacity building programmes.”

(b) The Bureau does not have the Board due to the delays with the listing process.

(c) Currently the Bureau does not have the Chief Executive Officer.

Section 34A states that;

“in the event of absence of a functional Bureau or a Chief Executive Officer, the powers and duties of the Bureau revert to the Director-General of the Department contemplated in section 34G(1), who, in such a case, must exercise those powers and perform those duties until the Bureau is functional or a Chief Executive Officer is appointed. Therefore, the Director-General is currently performing these duties.”

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Reply:

(a) The Department refers to the Waste Pickers as Micro-Collectors.

(b) refer to (a)

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Reply:

1. (a) The said person is appointed on the official position of Executive Programme Manager additional to the establishment.

2. (a). The second person reffered to is a Senior Executive Manager: Extended Producer Responsibility (EPR), and the third person is an Executive Manager: Business Development and Knowledge Management, The fourth person is the Head: EPR General Waste.

(b) The Director-General of the Department did not state that the Executive Programme Manager is acting as Chief Executive Officer.

3. (a) (i) The processing machinery/equipment is in the name of the two awarded companies, thus Treecycle (Pty) Ltd and Mfangano Solutions (Pty) Ltd;

(ii) The registration of the processing machinery/equipment will be done upon delivery.

(b) The processing equipment is made in the United States of America;

(c) No, refer to 3b.

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Reply:

Department of Environmental Affairs

1. (a) (i) (aa) None

(bb) None

(b) Not applicable

(2) Not applicable

iSimangaliso

1. (a) (ii) (aa) None

(bb) None

(b) Not applicable

(2) Not applicable

SOUTH AFRICAN NATIONAL BIODIVERSITY INSTITUTE

1. (a) (ii) (aa) None

(bb) None

(b) Not applicable

(2) Not applicable

SOUTH AFRICAN NATIONAL PARKS

1. (a) (ii) (aa) None

(bb) None

(b) Not applicable

(2) Not applicable

SOUTH AFRICAN WEATHER SERVICE

1. (a) (ii) (aa) None

(bb) None

(b) Not applicable

(2) Not applicable

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Reply:

a) Environmental Management Inspectors (EMIs) of the Department of Environmental Affairs investigates non-compliance with Regulations under the National Environmental Management: Biodiversity Act and the National Environmental Management: Protected Areas Act such as the Threatened or Protected Species Regulations (ToPS) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The department has not been informed of the neglect of Clivia plants by Customs officials at OR Tambo International Airport. Please note that only one Clivia species, namely Clivia mirabilis or "Oorlogskloof" Bush Lily is listed on ToPS as protected. If the plants which were neglected by Customs at OR Tambo International have been identified as Clivia mirabilis then the departmental EMIs can investigate what has transpired and why the plants were neglected.

b) As indicated above, the Department of Environmental Affairs is responsible for the regulation of restricted activities relating to species listed under, among others, ToPS and CITES. The South African Revenue Service (SARS) Customs and Excise is the only body which can clear goods being imported into the country. You will thus need to request SARS Customs and Excise to assist with (i) clearance procedures for these Clivia plants and to ensure that (ii) due diligence is practised to ensure their well-being when these plants are being held in the Customs area.

c) It is not possible for the department to give any assurance to breeders attending the International Conference of Clivia Breeders taking place in South Africa in September 2018, that their Clivia plants will be treated with the necessary care by Customs. This request needs to be made to SARS Customs and the Department of Finance.

d) Similarly, the question would need to be referred to SARS Customs and the Department of Finance in relation to any recourse that plant breeders may have if an entire consignment is lost due to neglect at Customs.

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Reply:

1. (a) and (b)

The Parliamentary question should be answered by the Department of Water and Sanitation as it does not fall within the mandate of Environmental Affairs.

2. The Parliamentary question should be answered by the Department of Water and Sanitation as it does not fall within the mandate of Environmental Affairs.

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Reply:

a) The report was received on 09 April 2018.

b) The report will be released as soon as the process of developing a policy response to key policy messages as contained in the report has been finalised. Such requires consultation with affected sector departments, provincial conservation authorities and relevant stakeholders. However, there is a special publication on the African Biodiversity and Conservation Journal (open access) titled “Contributions to the National Status Report on Biological Invasions in South Africa” consisting of various scientific papers that informed the development of the status report.

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Reply:

(a) (i) EThekwini Municipality has a total number of:

• fourteen (14) continuous ambient air quality monitoring stations;
• ten (10) non-continuous “bubbler SO2” stations; and
• six (6) Dust Fallout Monitors.

(ii) The non-continuous and dust fallout network are working optimally. However, the continuous monitoring network is ageing and requiring more attention from both an Operational and Capital perspective.

(b) Of the fourteen (14) continuous ambient air quality monitoring stations, nine (9) are fully operational, one (1) has an electricity supply problem at the moment whilst four (4) stations have problems with the NOx analysers. A service provider has recently been appointed to repair, service and calibration of these analysers. In addition, a service provider was awarded the contract to upgrade the Data Acquisition System and ensure that the stations are communicating reporting information online. Capital Funding has been made available in the 2018/2019 financial year to commence the replacement process.

The Department of Environmental Affairs (DEA) has initiated a project of establishing the new South African National Air Quality Indicator (NAQI) stations across the country. In this program, four (4) stations from eThekwini Metropolitan Municipality located at City Hall, Ganges, Settlers and Southern Works were identified as suitable stations to be utilised for the reporting of the NAQI. DEA has appointed a service provider to assist with implementation of this project over a period of five (5) years of which the four (4) stations listed above form part of this project. Some of the activities to be undertaken by the service is to carry out activities relating to this project which include, but are not limited to the following:

• Installation and commissioning of new PM10, PM2.5 and SO2 instruments;
• The assessment of the NAQI stations;
• Development of an Air Quality Monitoring Plan;
• NAQI stations data management and reporting; and
• Capacity building for handover to network owners.

(c) The Air Quality Management Plan (AQMP) was approved by council during May 2018 together with a Capital and Operational Budget over a five (5) year period commencing on 01 July 2018. This includes a five year capital recommendation to refurbish the entire network over the period of the AQMP.

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Reply:

(1)

Ambient air quality has been monitored at 14 stations in the EThekwini Municipality for 12 years to date. A range of pollutants are measured. Two stations, Southern Works and Wentworth are located in the South Durban Basin. Since 2008, particulate matter concentrations at these stations have come down and are now in compliance with South Africa national ambient air quality standards. Ganges ambient monitoring station, which falls outside the basin, is however in non-compliance with particulate matter ambient standards, and this is mostly due to the vehicle emissions from the busy Southern Freeway close to this station.

In terms of sulphur dioxide, the three stations in the basin, namely, Settlers, Southern Works and Wentworth have also reported significant decreases in the sulphur dioxide annually over the years. The reduction in pollution seen in most stations since 2008 to 2010 over eThekwini are as a result of regulatory interventions such as the Scheduled Trade Permitting system and Atmospheric Emission Licensing programs implemented by the city, to target industrial emissions within the South Durban Basin.

(2) Health studies require special scarce skills and are relatively expensive to undertake. In the recent years, the Department of Environmental Affairs has spent over 8 Million Rands on health studies. Unfortunately, for financial reasons, the department has to prioritise study areas to focus on at a given time. To date, the Department has completed a health study in the Vaal Triangle Priority area. The department is currently conducting a health study in the Highveld Priority Area (HPA). In addition to being costly, these studies also takes time to complete. The current HPA health study will only be completed in late 2019, and only after then can the Department consider other priority areas. In the meantime, provinces and municipalities are encouraged to conduct local health studies.

A South Durban Health study was conducted in 2007 to determine the health status of the Durban South residents with specific focus on respiratory diseases and to determine an association between these diseases and environmental pollution. The study also assessed the range of ambient air pollutants to determine the potential risk they pose on the health of the Durban South community. The study revealed that moderate ambient concentrations of nitrogen dioxide (NO2), nitric oxide (NO) sulphur dioxide (SO2) and PM10 were strongly and significantly associated with decrements in lung function among children with persistent asthma and/or polymorphism associated with the ability to respond to oxidative stress. Children attending school in the south of Durban as compared to the north, were significantly associated with the increased risk of persistent asthma and for marked airways hyper reactivity. For adults, residing in the south was significantly associated with hayfever and marginal associated with chronic bronchitis, wheeze, shortness of breath and hypertension.

In addition, a joint Health study was completed in the early 2000’s. This study included National, Provincial, and the Local sphere of government as well as academia, industry and international partners. The primary intervention post the study was to reduce the levels of SO2 in the area as this pollutant is a known trigger for asthma. Significant reductions for this pollutant have been achieved. The eThekwini Municipalities AQMP which has a five year life span has included a further Health study in the financial year 20/21. This will need to include multiple stakeholders as the municipality could not fund a study of this nature in isolation.

(3)(a) Since the study, a number of interventions have been deployed at national, provincial and municipal level. Below are just a few.

• A tightening of controls on large industrial emitters with specific reference to SO2, Benzene, NOx and PM.
• The Department of Environments Affairs developed Minimum Emission Standards to control industrial emissions. The notice in this regard was published in 2010 and finalised in 2013. There were no previous standards in this regard and this promulgation and this allows for far tighter regulation of industries. Regulatory air quality management including the assessment of all new developments by means of Specialist Studies together with the Licensing of all Listed Activities as defined in NEM; AQA (39 of 2004) have resulted in an improvement in the air quality in the area.
• Enforcement inspections are being conducted to ensure compliance with the legislation and that conditions of the atmospheric emission licenses are adhered to.
• Continuous monitoring of criteria pollutants to determine if the national ambient air standards are not exceeded. Since then there has been some improvements as shown below:

(b) is the role played by the licensing authority in addressing the cumulative impact of air pollution in the area:

• The licensing authority continue to monitor the industry to ensure that they adhere to conditions of the atmospheric emissions licenses.
• Cumulative impacts are generally considered during the approval of new developments. This is often approached by the introduction of specialist studies conducted during the EIA process

(4) The minutes of the AQO forum can be obtained from the Provincial Air Quality Officer at the provincial department responsible for environmental affairs.

(5) The intervention for addressing air pollution and therefore reducing the health risks posed are stipulated in the eThekwini Metro’s air quality management plan (AQMP). According to the said AQMP, the eThekwini Municipality Health Study is planned for 20/21. The National Department will support this process.

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Reply:

(1) (a)

(i) No rhinos were translocated by South Africa to the Republic of Chad in the past five financial years.

(ii) Six black rhinos were translocated on 03 May 2018.

(b)

To the Zakouma National Park in the Republic of Chad.

(2) The six black rhinos were part of the Custodianship Programme with the Republic of Chad for the purpose of reintroducing black rhinos in the Republic of Chad following the loss of their native subspecies 46 years ago. Secondly, the reintroduction of six black rhinos in the Republic of Chad is also aimed at growing the continental meta-population of black rhinos and to contribute to the conservation of black rhinos on the African continent. This is in line with the African Range States African Rhino Conservation Plan aimed at re-establishing rhino populations in former range states.

The Custodianship Agreement was part of the other two Co-operative Agreements, namely:

• Memorandum of Understanding on Biodiversity Conservation and Management; and
• Memorandum of Understanding on the Reintroduction of Black Rhinoceros in the Republic of Chad.

Key to the Custodian Agreement are the following arrangements:

• South Africa will continue to own the black rhino while their offspring will be owned by the Republic of Chad.
• Chad (in case of a dire need for re-introduction of black rhinos to South Africa in the future) will make available the progeny/offspring of the black rhinos, either to supplement or re-establish South Africa’s black rhino population.

(3) The Government of the Republic of Chad paid for the transportation costs in line with the Memorandum of Understanding signed between the Governments of South Africa and Chad.

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Reply:

1. (a) and (b) The formula used for the diversion rate is informed by the estimated waste tyres arising, taking into account the availability of financial resources.

Indicator title	Percentage increase in waste diverted from landfill
Short definition	Measure the amount/increase in waste which has been diverted (i.e. waste re-used, recycled and recovered)
Purpose/importance	To reduce the amount of waste going to landfill sites and protect the environment by ensuring that set targets on management of waste, as per approved industry waste management plans, are achieved and that the intended objectives are realized
Source/collection of data	Monthly operational reports from WB operations
Method of calculation	[(Waste tonnages re-used, recycled and used for energy recovery)/waste arising per annum)*100] Waste tonnages re-used, recycled and used for energy recovery = waste tyres pyrolysed, crumbed and TDF Waste arising = total tonnages of tyres introduced into the market Q1: March&April&May Q2: June&July&August Q3: September&October&November Q4: December&January&February
Type of indicator	Output
Calculation type	Cumulative
Reporting cycle	Annually (linked to the Year Plan, i.e. Dec – Nov)
New indicator	No
Desired performance	Achieve planned targets
Indicator responsibility	DDG: Chemicals and Waste Management

2. (a) The Waste Bureau salaries were determined based on a market research study, in comparison to the pay scales of the Department of Environmental Affairs (DEA) public entities (iSimangaliso, SANParks, SANBI and SA Weather Service).

(b) The pay scales were benchmarked against all DEA public entities based on the inputs from market research study.

3. (a) Pay scales are attached.

(b) Advisors and Consultants are paid in accordance with the Department of Public Service’s approved rates.

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Reply:

1. According to reports received from REDISA, the 2016 volumes were impacted by shortage of depot storage space and slow uptake in demand. The figures also excluded the OTR tyres, and the reporting in the late 2016/17 excluded waste tyre exportation; and when we include the figures for export, the performance exceeds the target.

2. Yes, OTR tyres are included in the target.

(a) Refer to a response in 2 above.

(b) The OTR tyre collections is already taking place, although at the slow pace. The new equipment for pre-processing of OTR tyres has been procured and is expected to be delivered in a month or two. This, together with Waste Bureau actions, will improve waste tyre processing capacity in the near future; and will also enable the organisation to improve OTR collections and processing capacity.

3. The budget will not be sufficient and, in this regard, National Treasury is being engaged.

4. The collection and recycling of OTR is currently taking place, but at a small scale. When the new equipment arrives (referred to in 2b above), then the Waste Bureau will be able to increase the OTR collection and pre-processing rate. The current initiatives by the Waste Bureau to increase the processing capacity (including going out on tender) will lead to an improved OTR recycling rate.

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Reply:

Department of Environmental Affairs

1. (a) (i) None

(ii) None

(b) (i) Not Applicable.

(ii) Not Applicable.

(2) (a) None

(i) Nil.

(ii) (aa) Not Applicable.

(bb) Not Applicable.

South African Weather Service (SAWS)

1. (a) (i) Nil, SAWS has no vacant land (SAWS owns 59,29 hectares in Gauteng Province).

(ii) None.

(b) (i) Not Applicable.

(ii) Not Applicable.

(2) (a) None.

(i) Nil.

(ii) (aa) Not Applicable.

(bb) Not Applicable.

iSimangaliso

1. (a) (i) None.

(ii) None.

(b) (i) Not Applicable.

(ii) Not Applicable.

(2) (a) None.

(i) Nil.

(ii) (aa) Not Applicable.

(bb) Not Applicable.

South African National Biodiversity Institute (SANBI)

1. (a) (i) No land owned by SANBI is vacant. All land owned by SANBI is used as national botanical gardens for environmental education, nature-based tourism, conservation, display and research purposes.

(ii) No land owned by SANBI is unused or has no purpose. All land owned by SANBI is used as national botanical gardens for environmental education, nature-based tourism, conservation, display and research purposes.

(b) (i) Not Applicable.

(ii) Not Applicable.

(2) (a) Two (2) 3-year leases with a combined land area of 612 ha.

(b) (i) Lease 1- R134 280 per annum

Lease 2 - R12 480 per annum

(ii) (aa) Both leases are located in the Hantam National Botanical Garden, Nieuwoudtville, Northern Cape.

(bb) Lease 1 - 500 ha

Lease 2 - 112 ha

South African National Parks (SANParks)

1. (a) (i) No land owned by SANParks is vacant. All Land is used as National Parks or for Conservation Purposes (3 721 192 hectares owned).

(ii) No land owned by SANParks is unused or has no purpose.

(b) (i) Not Applicable.

(ii) Not Applicable.

(2) (a) 7 146 hectares leased to private entities. These are farms that were purchased as part of the expansion plans of the national parks. They are leased out because they are currently detached from the national park boundaries and will only be incorporated into the national park once the properties that join them to the national park boundary have also been acquired.

(b) (i) Not applicable

(ii) (aa) Not applicable

(bb) Not applicable

Park	Description of Property: farm, portion	District	(2) (b) (ii) (bb) Size (Ha)	(2) (b) (i) Rand Value
Mt Zebra NP	Farm 387	Cradock	857.9595	R196 992.00 (Vat Incl.) p.a.
	Remainder of Farm 385	Cradock	94.2214	R92 340.00 (Vat Incl.) p.a.
	Portion 6 of Stapelbergskraal 239	Cradock	521.9335
	Remainder of Groot Hoek 267	Cradock	1181.5530	R120 000 (Vat Incl.) p.a.
	Portion 3 of Middelwater 415	Cradock	317.2380
	Portion 4 of Middelwater 415	Cradock	1034.4265
	Portion 1 of the Farm No.413	Cradock	325.4822
	Remainder of the Farm No.413	Cradock	312.0060
Addo Elephant NP	Remainder of Zuurkloof 17	Uitenhage	180.5959	R35 000 (Vat Incl.) p.a.
	Portion 2 of Farm 52	Uitenhage	396.8827
	Portion 1 of Wortel Kuil 225	Jansenville	613.4796	R35 000 (Vat Incl.) p.a.
	Erf 142; Waterford	Jansenville	1311.1482	R35 000 (Vat Incl.) p.a.

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Reply:

Sections 3 and 6 and subsequent subsections of the Ministerial Handbook allows the Executive Members to be accompanied by their spouses or an adult family member instead of their spouses in their official journeys abroad at departmental expenses/costs. Yes, the Minister has been accompanied to a Conference of the Parties (COP) of the United Nations Framework Convention on Climate Change (UNFCCC) by her son and daughter (on separate occasions) as per the Ministerial Handbook.

Details of expenses incurred for such trips for the years in question form part of the departmental audited annual reports submitted to Parliament yearly.

All international trips for members of the executive are processed and approved by the State President.

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Reply:

1. The stockpiles created by REDISA, as well as waste tyres collected from collection points, are sorted and pre-processed at depots prior to being delivered to processors and/or secondary industries. Stockpiles which do not fall within the category above (Historical waste tyre stockpiles) are dealt with in terms of Regulations 7, 8 and 9 of the Waste Tyre Regulations of 2017. Owners of Historical waste tyre stockpiles are expected to register with the Minister, as well as submit abatement plans to the Minister for approval.

2. (a) As explained above, in the absence of sufficient processing capacity, storage of waste tyres in depots does ensure that collection depots are continually serviced that waste tyres are removed from the environment and put in a controlled environment to minimise their impacts on the environment. There is no dumping of tyres happening.

(b) Diversion from landfill includes recycling.

3. The target of diverting 50% of tyres from landfills in the 2018-19 financial year amounts to 85 133 tons.

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Reply:

(1) (a) The depots which were existing and operational with REDISA are currently being operated by the Waste Bureau on the basis of a closed tender which was approved by Treasury.

(b) The criteria below was considered for the depots:

• • Depot to be registered with REDISA.
  • Have space to operate the depot from.
  • Display knowledge (what will be needed at a new place to be used) and compliance (Display level of compliance of the current space being used) with relevant waste tyre storage legislation and requirements.

(2) No, there is no relationship declared (through tender declaration of interest documents) by any depot owners and/or employees of the depots. There is currently no mechanism of determining the extent of relationships between anyone contracted to the Department and depot owners and /or employees.

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Reply:

Government has put in place a Financial Disclosure Framework for all Middle Management Staff (MMS), Senior Management Staff (SMS) and all employees entrusted with public funds. This framework is aimed at preventing conflict of interests by requiring designated employees to disclose their financial interests.The said employees are required to disclose shares and other financial interests held in any private or public company or any other corporate entity recognised by the law.

The said employees are also required to disclose their directorships, partnerships the name, and type of business activity, of the corporate entity or partnership and the amount of any remuneration received for such directorship or partnership.

Designated employees are further required to disclose details with regard to remunerated work outside the public service, consultancies and retainerships;

Sponsorships, Gifts and hospitality from a source other than a family member with a value in excess of R350; discount prices or rates that are not available to the general public; interests in land and property (residential or otherwise both inside and outside the Republic.

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Reply:

(a) (i) and (ii)) According to the results of inspection conducted by the officials, twenty five (25) exhibit bags from OR Tambo International Airport Cargo office for the Department of Environmental Affairs were analysed by the National Zoological Garden (NZG) forensic laboratory in April 2018. A ziplock bag was used to randomly collect DNA samples of the pieces of lion bones exported. Each ziplock bag contained a piece of a bone.

(b) All the twenty five (25) DNA result submitted to the NZG forensic laboratory were found to be the specimens of Lion (Panthera leo), which is in compliance with the export permit.

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Reply:

The Department of Environmental Affairs (DEA) does not regulate domestic animals:

• The welfare of both domestic and wild animals is regulated by two Acts of Parliament, namely the Animals Protection Act, 1962 (Act No. 71 of 1962) and the Performing Animals Protection Act, 1935 (Act No. 24 of 1935 as amended).
• Both the above acts fall under the administration of the Minister of Agriculture, Forestry and Fisheries (DAFF).

Therefore, the welfare issues for domestic and wild animals should be directed to the DAFF as this falls under its mandate.The Society for the Prevention of Cruelty to Animals (SPCA) may also have jurisdiction on such matters.

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Reply:

There has not been an annual agreement to export 800 lions, but a lion bone quota for export of 800 Lion skeletons as set for 2017. The export of such lion skeletons or bones were as follow:

Year	Country	Total
2017	Vietnam	422
2017	Laos	291
2017	Thailand	87
TOTAL		800

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Reply:

The Department is responsible for the allocation of the lion bone quota to provincial authorities who are responsible for the issuance of the export permit. As per the information received from the provinces, the Department does not have records of any of the provinces having issued an export permit for lion bone trade to the person referred to.

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Reply:

(a) (i) The current estimate is that there are 300 lion breeding facilities in South Africa. This is based on reports provided by the provincial issuing authorities.

(ii) (aa) the lion breeding facilities register with the Provincial Authorities as competent Authorities; hence the data referred to in (a) (i) (the Department, therefore, does not have information on the detailed breakdown of the number of the specified facilities registered with SA Predators Association and other associations. Such information on the registration aspects to respective associations can be sourced from associations themselves;

(bb) As indicated above, information on any other associations is also not available to DEA.

(b) Information on the names of other associations is not available to DEA. However, DEA works, or cooperates, with a number of associations individually or through various forums, depending on issues at hand.

(c) (i) Information on the type of each predator is not available to DEA and are closely connected with and under the control of the Provincial Issuing Authorities

(ii) Information on the number of each type of predator found at each specified facilities is not available to DEA and are closely connected with and under the control of the Provincial Issuing Authorities.

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Reply:

(1) An investigated was initiated on 22 February 2016.

(2) Yes, the investigation has been finalised.

(a) 01 July 2016.

(b) The findings are as per the table below:

	Allegation	Finding
1	Unlawful/unilateral powers of the Executive Committee to change moderated performance scores. The CEO has powers to award discretionary bonuses.	The allegation was unfounded.
2	Unilateral blanket correction of scores.	The allegation was substantiated. Senior management scores adjusted downwards (3%) by the Moderating Committee without justification. Error in the calculation and award of a bonus to the General Manager: Operations (employee underpaid by R47 400.12). Error subsequently corrected: R47 400.12 retrospectively paid to the General Manager: Operations.
3	Implementation of performance-based salary increases.	The allegation was unfounded. Executive Management, however, incorrectly applied Board Resolution in determining salary increases (upward adjustment of 0.16%), without justification.
4	The CEO sets commercial targets for SAWS in terms of organisational performance.	The allegation was unfounded.
5	The former General Manager: Corporate Affairs was awarded a performance bonus despite being on a prolonged leave of absence during the assessment period.	The allegation was unfounded. The former General Manager: Corporate Affairs was, however, overpaid by an amount of R9 270.22 and the money was refunded to the SAWS.

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Reply:

The Government of South Africa manages its species in line with the provisions of the provisions of Chapter 4 of of National Environment Act: Biodiversity Act, 2004 (Act No.10 of 2004). NEMBA has its objectives framed in the context of conservation, sustainable use and equitable sharing of benefits arising from the use of biological resources. The relationship between captive bred predators and the survival of wild populations is not simplistic or linear and therefore requires an understanding of interacting underlying factors as well as the potential risks. A precautionary approach which is evidence based and supported supported by regulatory tools and management systems constitute the government orientation.

The key wild predators that the South African government instituted additional protection measures on, include Lion, Leopard, Brown and Spotted Hyena, Cheetah and African Wild Dog. All of these are listed as threatened or protected species in line with the Threatened or Protected Species (TOPS) Regulations, 2007, and their trade is also regulated through the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).  These regulatory tools accord additional conservation, hunting and trade restrictions to the use of these species. South Africa, cooperates with the SADC countries on approaches and conservation of predators in Southern Africa especially on areas of common interest. This is done despite the varying conservation philosophies of each country.  South Africa adopts an evidence-based approach which is anchored on the regular advisories that are presented in the form of Non-Detrimental Findings(NDFs) from the established National Scientific Authority. The Scientific Authority has to date developed the NDFs for Leopard and Lion. The determination of the Leopard Quota was evidence-based precautionary approach and such led to the allocation of zero quota for 2016 and 2017, as well as a proposal for a limited quota in 2018. The government further developed and is finalizing the Draft Norms and Standards(N&S) for the Management and Monitoring of the Hunting of Leopards in South Africa for Trophy Hunting Purposes. These N&S are aimed at managing the impact of trophy hunting on the wild Leopard population. This is a clear demonstration of the government commitment to facilitating sustainable use while ensuring adequate protection and the survival of leopard population in the wild.

The relationship between captive bred predators and survival of wild populations in southern Africa may be best analysed in the context of lions in South Africa. Lion, like any other predator is managed with the aim, of safeguarding the survival of lion population in the wild. The South African population of Panthera Leo (African lion) is included in Appendix II to the Convention on International Trade in Endangered Species of Wild Fauna and Flora(CITES).  In terms of Article IV of the Convention, an export permits shall only be granted for an Appendix II species when a Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species. Government published the NDF for lion for implementation on 23 January 2018. The NDF analysed the threats to lions in South Africa in the wild and also presented a view on whether the hunting of captive bred lions in South Africa poses a threat to the survival of the wild lion population. The Scientific Authority determined that the trophy hunting of captive bred lions poses no threat to the survival of the wild lion population within South Africa. Furthermore, is the view that captive lions, may in fact serve as a buffer to potential threat to wild lions by being the primary source of hunting trophies and other associated derivatives.

The reference to the two species referred above may also be relevant to the other predators, however Government addresses each of the species and populations on their own merits. Government has since commissioned a research study to investigate how the international trade in products from the captive bred lions under an export quota system impacts on wild lion population. This will further assist in informing the policy orientation in the management of captive bred predators and ensuring the survival of lion population in the wild.

Reply:

The Department of Environmental Affairs is committed to utilising resources allocated through the Parliament appropriation process in the most cost effective and responsible way. As a first priority the Department utilises public servants in the department to do the work. Only if the specific expertise is not available internally, will the department consider using the services of consultants.

In making use of consultants, the department ensures cost effectiveness. Where possible, we aim to ensure that consultants transfer these skills to departmental officials. The Department will continue to ensure that the use of consultants are in line and guided by the PFMA and the relevant Treasury Regulations. The use of consultants is reported in our quarterly financial reports to the Portfolio Committee on Environmental Affairs (PCEA), and in our annual financial statements. These are audited by the Auditor General and are tabled in Parliament as part of our Annual Report.

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Reply:

(1) (a) There is a total of 1 471 protected areas in South Africa.

(b) A list of all protected areas are kept in the Register of Protected Areas in line with the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003), Section 10, and can be downloaded from https://egis.environment.gov.za/. All the information on (i) and (ii) are contained in the file.

(2) (a)(b) Protected areas are managed by either goverment departments, statutury bodies or by a suitable person, organisation or organ of state as assigned by the Minister or Member of Executive Council in terms of Section 38 (1) and (2) of the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003).

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Reply:

1 (a) and (b)

There is currently no universally agreed figure on the total economic revenue generated by the predator breeding industry in South Africa. However, the recent International Journal of biodiversity and conservation as appearing on the academic journal of the Northwest University by Peet Van der Merwe et al, 2017, purported that the lion breeders alone contribute R500 million annually to South African economy in each of the past three financial years: According to information supplied by Provincial Conservation Management Authorities, It is estimated that an amount of R110 729 285.00 was generated from hunting activities during 2016 and R180 967 456.00 during 2015 respectively. The information for 2017 hunting activities will only be available after the end of June 2018. Please note that at the National level we do not have statistics. Such stats are compiled by Provincial nature conservation authorities on an annual basis.

Information on tourism activities, including the sale of predators to other hunting facilities; bone sales; and tax revenue contributed by the predator breeding industry to the National Revenue Fund in each of the specified financial years, is not available to the Department of Environemntal Affairs at the moment, but may be available to the Provincial Coservation Managemnt Authorities.

(2) The Department does not have, at its disposal, data on the number of job opportunities (a) created and (b) sustained by the predator breeding industry in each of the specified financial years; however, the same study by Van der Merwe et al, 2017, indicated that a total of 1 162 jobs are sustained in the economy due to lion breeding activities alone. Cadman (2009) indicated that 900 people are employed in the lion breeding industry alone.

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Reply:

a) The planning for the Tsitsikamma restaurant precinct development has been completed following the fire in November 2016 and is ready to be subjected to a tender process. After the restaurant was destroyed by the fire, SANParks decided to upgrade the entire restaurant precinct to include all infrastructure.

The project scope includes the following:

• Restaurant that accommodates 250 seats
• Curio shop with offices and stores
• Information centre as first point of arrival for visitors
• Multi use Boat house
• General Amenities for visitors that includes play areas, picnic areas as well as beach showers and dressing areas
• Bulk Services (Electricity, water and sewer)

b) It is envisaged that the tender and contracting process will take six months from May 2018 to October 2018. Construction is scheduled to commence in January 2019 after the peak tourism season. The estimated construction period is 18 months due to the difficult site and visitor management requirements, with estimated completion in September 2020.

The clients are being serviced from provided marquee since 10th December 2016

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Reply:

(a) (i) (ii) (iii) and (iv) Attached find the spreadsheet as an Annexure containing the names of young persons incubated through the Groen Sebenza Programme, including those employed by different organisations and those unemployed.

(b) Some chose to further their studies while others were self-employed at the end of the programme. However, as indicated previpusly, the ongoing Tracer Study will provide the status quo in this regard.

(c) Opportunities are shared with young people as and when they arise through various platforms.

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Reply:

1. No, South Africa has not signed the petition with the Presidents of Uganda, Gabon and Botswana calling on the European Union to close its ivory market as South Africa’s Constitution allows for the sustainable utilisation of the country’s natural resources - ivory is one of these natural resources. South African National Parks and some of the provincial conservation authorities have stockpiles of ivory which have been legally obtained through natural deaths and/or hunting of problem elephants. If the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) approves the international sale of ivory (through the appropriate proposals), the government can then access much needed funds which would result from such sales to be ploughed back into conservation of our natural resources.

(2) The Department of Environmental Affairs has not taken any steps to close the legal ivory trade in South Africa as the legal trade in ivory is regulated under the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) and the Threatened or Protected Species (ToPS) Regulations. Retailers in South Africa who are selling ivory must be registered as traders under ToPS to sell ivory, and a buyer needs a permit to buy and to possess the ivory. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) recommends that Parties to the Convention close domestic ivory markets that are contributing to poaching or illegal trade. There is no evidence that the legal trade in ivory in South Africa is contributing to poaching and illegal trade and, accordingly, the legal ivory trade has not been closed.

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Reply:

The Department of Environmental Affairs size of the land occupied is 3.1 hectares (ha).

(b) 1. South African National Biodiversity Institute (SANBI)

(i) 6 397ha (for use as national botanical gardens)

(ii) 991ha (for use as part of national botanical gardens) and 85ha (for use by the National Zoological Garden)

(iii) Not applicable

(aa) 1 390 ha (to use and occupy as part of South Africa’s national botanical gardens) and 200 ha (to use and occupy as part of South Africa’s national botanical gardens).

(bb) 1 390ha (to use and occupy as part of South Africa’s national botanical gardens) 1 390 ha and 200 ha (to use and occupy as part of South Africa’s national botanical gardens).

2. South African Weather Services (SAWS)

1. The South African Weather Service owns 59,29 hectares.
2. Not applicable
3. Not applicable

(aa) Not applicable.

(bb) Not applicable.

3. iSimangaliso Wetland Park

(i) Not applicable

(ii) 332 000ha, managed by iSimangaliso Wetland Park Authority (appointed as a Management Authority in accordance with the proclamation in terms of the World Heritage Convention Act, 1999).

(iii) Not applicable

(aa) Not applicable.

(bb) Not applicable.

4. South Africa National Parks (SANParks)

(i) South African National Parks owns 3 721 192 hectares of Land.

(ii) SANParks have exclusive rights to 4 026 040ha of Land for use as National Parks/Conservation Purposes.

(iii) SANParks leases approximately 304 848ha of land.

(aa) The hectares of land mentioned above are used as National Parks for Conservation Purposes.

(bb) Not applicable

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Reply:

(a) Yes. An environmental authorisation should be required for seismic activities utilising sonic signal methodologies as these methodologies could impact negatively on marine species, including whales.

(b) Seismic surveying that forms part of an application for an exploration or production right for oil or gas in terms of the Mineral and Petroleum Resources Development Act, 2002, is currently listed under section 24(2) of the National Environmental Management Act, 1998 (Act No. 107 of 1998) and therefore requires an environmental authorisation.

However, seismic surveying using sonic signal methodologies as part of reconnaissance activities under the Mineral and Petroleum Resources Development Act, 2002, is currently not listed as an activity that requires an environmental authorisation under the National Environmental Management Act, 1998.

With regard to the question as to whether an EIA was conducted for offshore drilling which may be

commencing soon, the Petroleum Association of South Africa was contacted and it was determined

that there is currently an EIA underway for offshore petroleum drilling proposed by ENI and Sasol.

The EIA is at the scoping phase and it is being undertaken by the consulting company ERM. At the time of the application for the exploration right (that is, in September 2012), the environmental requirements were still regulated under the Mineral and Petroleum Resources Development Act (MPRDA). Consequently, the Environmental Management Programme (EMPr) to undertake the 2D seismic survey programme (work programme applied for) as required by section 79(4) of the MPRDA was compiled and submitted for approval. The said EMPr was supported by two specialist studies assessing the impacts of the proposed seismic surveys on marine fauna and on fisheries. Accordingly, an EIA was carried out prior to the granting of the right under the MPRDA dispensation and not under NEMA.

Currently reconnaissance, which includes seismic activities is not covered under the EIA regulations and a process between PASA, DEA and DMR to list this activity is underway.

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Reply:

In the process of the construction of the N2 Wild Coast Toll Road, the Departmental Environmental Management Inspectors conducted periodic site visits on the N2 Wild Coast Highway where it was found that the South African National Roads Agency (SANRAL) has omitted to fulfil some of the conditions of the Environmental Authorisation. These non-compliances were further highlighted in the reports presented by the Environmental Control Officer (ECO) at the Environmental Management Committee’s quarterly (EMC) meeting. . The following are some of the conditions of the Environmental Authorisation that were not complied with by SANRAL:

a) Condition 6.2.11.1 which provides as follows:

The applicant must ensure that no construction camps, dumping or stockpile of construction material is allowed in or close to the wetlands and other watercourses.

SANRAL has contravened this condition in that construction material was found stockpiled near the wetland. The contravention was observed during the site visit by officials mentioned above and was also reported by the Environmental Control Officer (ECO) during the meeting of the Environmental Management Committee (EMC) held on the 14 February 2018.

b) Condition 6.2.12.3 which stipulates as follows:

All rare, endangered and endemic species and species of conservation value in the road reserve must be translocated, in close cooperation with South African National Biodiversity Institute (formerly National Botanical Gardens), to a suitable nursery with the aim to be re-establish them in a national botanical garden that was is to be created in Pondoland Centre of Endemism or a suitable existing conservation area.

SANRAL has removed the species en route to the Botanical garden. All the endemic species that have been removed alongside the hauling roads are currently kept in temporary holding areas.

c) Condition 6.2.7.1. SANRAL commenced with the construction without finalising the Biodiversity Offset Agreement resulting in the Biodiversity Offset Agreement being implemented after it was signed by all relevant parties.

We will continue to monitor all these conditions stated above including those of other departments in order to ensure continuous full compliance at every stage.

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Reply:

1. (a, b, c and d)

The complaint in relation to this matter was not received by the Department of Environmental Affairs, and we have recently become aware of it through media articles. Although one article indicates that the matter was reported to “the Blue Scorpions of the Department of Environmental Affairs”, it is likely that the matter was rather reported to the Department of Water and Sanitation (DWS) as the Blue Scorpions reside under that Department.

2. Environmental Management Inspectors (EMIs) of the Department of Environmental Affairs have now commenced with a preliminary investigation. Following the site investigation which will be undertaken soon, as well as further discussions with the DWS, a decision will be made on further action required.

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Reply:

a) The objective of the SANBI Groen Sebenza Programme, funded through the Jobs Fund, was to support 800 unemployed youth by equipping them with the skills and experience needed to access jobs in ecosystem management. Section 2.1.53 of the contract between the Development Bank of South Africa (DBSA) and SANBI provided for the “sourcing assessment, selection, training and placement of the applicants in an incubator programme” During their 2.5 years in the scheme these participants recieved mentoring, training and rotational placements with the goal of improving their employability in the environment sector. The placement of these young people took place through 46 partners in the ecosystem management sector, with SANBI playing an overall coordination role. While the target was to incubate 800 young persons to prepare them for full time employment, the programme exceeded the target by incubating 955 unemployed youth.

b) The programme envisaged the creation of 800 jobs through this incubation programme, and a total of 645 youth were employed by partner organisations or beyond the partner organisations immediately on conclusion of the programme, reflecting a successful conversion rate of experiential learning into permanent employment. While we appreciate the external dynamics with some partner organisations, we duly acknowledge the role of these partners especially for taking this mammoth task and responsibility of creating envisaged permanent jobs as part of this programme.

c) The fact that some of the participants were not in permanent employment at the end of the programme relates to a situation where some of these young persons chose to further their studies, some are self employed whereas some are not yet employed. SANBI is currently busy with a Tracer study on those not yet employed. Government will continue to follow due processes as guided by relevant policies to ensure tranperancy and fairness in training, placements and appointments. This programme provided the much needed experiential learning which newly qualified graduates generally lack, and it positioned them to take advantage of potential opportunities that may emerge in the sector and beyond.

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