Questions & Replies: Water and Environmental Affairs

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2010-11-05

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QUESTION NO 2187

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 20 AUGUST 2010

(INTERNAL QUESTION PAPER NO. 23)

2187. Mrs A T Lovemore (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether all wastewater treatment plants have been issued with permits to allow the discharge of effluent into the environment; if not, why not; if so, what are the relevant details;

(2) whether compliance with permitted discharge standards is monitored; if not, why not; if so, what action has been taken to address trends of noncompliance with discharge standards at each specified plant;

(3) whether this information for each wastewater treatment plant is available to the public; if not, (a) why not and (b) what are the relevant details of each plant's noncompliance with discharge standards during the period 1 January 2010 to 31 July 2010; if so, from whom? NW2693E

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REPLY:

(1) No. Not all the waste water treatment works (WWTWs) have licenses or authorizations (permits), usually due to the following reasons:

(a) Some municipalities that own the WWTWs have not yet applied for a licence;

(b) Many applications are not meeting the requirements to enable my Department to issue a license;

(c) Insufficient capacity in municipalities to submit the required information to allow for the processing and finalisation of the applications.

Project Letsema, as a special project in my Department, has the aim to address the current backlog in licences.

(2) Yes. My Department performs audit monitoring of wastewater discharges as part of its pollution controlling function (against the relevant authorization limits) but augments this with the introduction of the Green Drop Certification program. This regulation approach ensures that municipalities reveal compliance at higher frequencies as well as to be subjected to intense auditing which will inform the most appropriate form of regulatory action required.

Regulatory action is executed according to the Enforcement Protocol (which details the path for uniformity in regulation activity) to ensure that all avenues are explored prior to litigation, which is a last resort. There are various forms of regulatory interaction regarding municipal wastewater discharges that are at various stages of the mentioned protocol.

(3) No, such detail information is not available to the public.

(a) Revealing details of such a high technical nature will lead to unnecessary additional administrative challenges and serious misinterpretation.

(b) What is available and was published for the first time in South Africa in the 2009 Green Drop Report is the summary of the performance of each of the 449 WWTWs that were assessed. The performance was evaluated under nine key criteria and a score has been published for each of the criteria including the "Waste Water Quality Compliance". (The report is available on my Department website under www.dwa.gov.za/greendropsystem and click on the News link)

QUESTION NO 2184

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 20 AUGUST 2010

(INTERNAL QUESTION PAPER NO. 23)

2184. Mrs A T Lovemore (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether, with reference to sections 12 to 17 of the Water Services Act, Act 108 of 1997, all water service authorities have compiled and submitted water services development plans since the proclamation of the Act on 19 December 1997; if not, (a) which water services authorities have not submitted such plans and (b) what action is being or has been taken to ensure compliance with the relevant sections of the Act; if so, what are the relevant details;

(2) whether, with reference to section 18 of the said Act, all water service authorities report annually on the implementation of the relevant water services development plan; if not, (a) which water service authorities do not comply with the annual reporting requirement and (b) what action is being or has been taken to ensure compliance with the relevant sections of the Act; if so, what are the relevant details;

(3) whether (a) all water services development plans submitted to her department are assessed for feasibility in line with national and regional water demand and supply scenarios and (b) water service authorities are engaged with regard to possible changes required in plans to conform to national and regional water supply and demand scenarios; if not, why not; if so, what are the relevant details? NW2690E

REPLY:

(1) With the proclamation of the Water Services Act in 1997, there were 843 Local Government Structures in South Africa. Based on the type of municipal structures and to facilitate effective facilitation of Water Services Development Plans, the then Department of Water Affairs and Forestry targeted 640 municipal authorities to develop Water Services Development Plans. Based on extensive and dedicated support, more than 400 actively participated and submitted draft reports. The balance of municipalities was excluded due to uncertainty of their Water Services functions. In 2001 a new municipal system was created changing the then 843 municipalities to 284 municipalities with new boundaries and compositions. Due to new boundary changes and amalgamations, the whole process had to be restarted. It must also be noted that at that point in time only the Metros and District Municipalities were formally regarded as Water Services Authorities. During the period 2001 – 2003 all the then Water Services Authorities submitted draft reports. In 2003 the Water Services Authorities function were finalized, authorizing the Water Services Authorities functions to 169 Municipalities. This required major rework of all Water Services Development Plans, as well as building new institutional capacity and ownership. Over this period until now, all these Water Services Authorities have submitted Water Services Development Plans, ranging from draft to those adopted by Council.

(1)(a) Yes, over this period all Water Services Authorities have submitted plans.

(1)(b) Assessment of these plans revealed that not all aspects have been properly addressed, some of the plans have not been maintained and kept up to date, and in some cases challenges were experienced in terms of quality and completeness of specific aspects in the plans. To address this, a special national support programme with associated guidelines is in place focusing on selected municipalities. In the year 2009/10 more than 40 Water Services Authorities have been supported and another 40 are targeted for this year 2010/11. Special focus is also given to priority areas such as addressing the Basic Services Targets, Municipal Turn Around Strategy, Waste Water Management, Water Use Efficiency, Infrastructure Asset Management, and alignment with the Integrated Development Plans. A special tracking system is also in place to monitor the submissions and Water Services Authorities are continuously encouraged to improve and submit their plans.

(2) In general the majority of Water Services Authorities (WSA) do not submit reports annually as required by the Act. In selected areas such as the Western Cape, committed Water Services Authorities do submit reports.

(2)(a) Currently there are no formal structured annual reporting procedures in place in terms of Section 18. However a system has been developed and will be rolled in 2011 which will focus on the commitments and outputs of the IDP's and WSDP''s. As part of our regulatory responsibility, a Regulatory Performance Management System (RPMS) is in place and functional which tracks whether WSA's are reporting as well as tracking specific areas of performance. Over above this, thematic specific monitoring and reporting systems have been developed and are functional, such as: Drinking Water Quality reports, Financial Performance, Municipal Self Assessment of services quality, Basic Services delivery and Waster Water Management.

(2)(b) This is a major concern for the Department, and various actions are undertaken to address this. Awareness campaigns are continuously run to obtain ownership, commitment and compliance. A formal reporting framework and process is under development and roll-out to facilitate effective reporting is scheduled for 2011. A formal regulatory performance management system (RPMS) has also been developed and is fully implemented. These systems will monitor inter alia planning compliance, as part of the overall regulatory function of the Department.

(3)(a) The Water Services Development Plan framework and guidelines makes pertinent provision for effective Water Resource Planning and there are dedicated and focused chapters for Water Use Planning as well as Water Use Efficiency Management. As part of the All-Town and Regional reconciliation studies, Water Services Development Plans are used and assessed to facilitate such reconciliation and development planning.

(3)(b) In conducting these reconciliation studies, relevant Water Services Authorities are invited to engage in the relevant Planning Forums and Committees. With regards to specific Water Resources Development Planning and Feasibility Studies, extensive effort is going into involving all municipalities and those with water services responsibilities (Water Services Authorities) in detail planning, ownership and implementation thereof. All municipalities must develop integrated development plans (IDP's) and must have associated development plans. Special emphasis is also placed on ensuring that the outcomes and implications of water planning studies and strategies are reflected in the relevant Water Services Development Plans. In general, the Water Resource Management Aspects is not well reflected and addressed in the Water Services Development Plans.

QUESTION NO. 2154. INTERNAL QUESTION PAPER NO. 21 NW2596E

DATE OF PUBLICATION: 13 August 2010

Mrs H N Ndude (Cope) to ask the Minister of Water and Environmental Affairs:

Whether any survey has been conducted into the services delivered by ecosystems in order to determine whether any of these ecosystems have been subjected to degradation or ecologically unsustainable uses; if not, why not; if so, (a) when were these surveys conducted, (b) who conducted these surveys, (c) in which geographical areas were these surveys conducted and (d) what were the findings of these surveys?

Mrs H N Ndude (Cope) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

2154. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

Two notable assessments were conducted; one regional and the other national.

Regional assessment

The Southern African Millenium Ecosystem Assessment as part of the Millenium Ecosystem Assessment (a) 2004

(b) R.J Scholes and R Biggs, CSIR

(c) A regional assessment of ecosystem services in Africa south of the equator was conducted as part of the Millenium Ecosystem Assessment.

(d) Freshwater: Most of Africa south of 17degrees is already water-scarce and is becoming progressively more vulnerable as a result of increasing population, water use per capita and the anticipated effects of climate change.

Food: Freshwater fisheries are overexploited in the region. Furthermore, there is a large reliance on wild plants and animals as food sources, this is by poorly documented. Domestic livestocks is a central component of the livelihoods and identity of rural communities.

Biodiversity: The biodiversity of southern Africa is relatively high both in terms of species and ecosystems. With certain notable exceptions, the regions' biodiversity is in a fairly good condition.

Woodfuel: There are many examples of local to district shortages which is a significant cause of woodland and forest degradation around urban areas.

Cultural, spiritual, aesthetic and recreational services: These ecosystem services are highly valued by all communities, of all income levels. These forms of ecosystem use have a positive effect on ecosystem resilience and reduce the vulnerability of ecosystems and people in the region.

National assessment

A National Spatial Biodiversity Assessment was conducted.

(a) 2004

(b) The South African National Biodiversity Institute

(c) A national assessment, covering all geographical areas in South Africa (440 terrestrial ecosystems, 120 river signature, 259 estuaries and 34 marine biozones) was conducted.

(d) Of South Africa's 440 terrestrial ecosystems, 34% of terrestrial ecosystems are threatened, with 5% critically endangered; 13% endangered, and 16% vulnerable

Of South Africa's 120 river signatures, 82% are threatened, with 44% critically endangered, 27% endangered, 11% vulnerable and 18% least threatened.

Of the 259 estuaries, 3% are critically endangered and 5% endangered.

Of the 34 marine biozones, 12% are critically endangered, 15% are endangered, 38% are vulnerable and 35% least threatened.

QUESTION NO 2153

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 13 AUGUST 2010

(INTERNAL QUESTION PAPER NO. 20)

2153. Mrs H N Ndude (Cope) to ask the Minister of Water and Environmental Affairs:

(1) Whether her department has taken any steps to prevent the pollution of water which will be used for domestic, agricultural and commercial consumption; if not, why not; if so, what are the relevant details; if not, why not; if so, what are the relevant details;

(2) whether her department has any educational programmes in place to prevent people from disposing of sewage into the waterways; if not, why not; if so, what programmes? NW2595E

REPLY:

(1) My Department has taken many steps and is busy with several programs to prevent pollution of water.

· It is a requirement of the National Water Act (Act 36 of 1998) and its related processes that all persons and institutions undertaking waste discharge and disposal related activities must obtain an authorisation from my Department. This authorisation or licence as it is commonly known requires the person, company or institution to put measures into place to improve on the quality of the treated effluent that is being discharged or disposed into the rivers and streams of the specific catchment. This authorisation process also ensures that activities like the Waste Water Treatment Works (WWTWs) have mitigation measures in place to prevent the inflow of raw sewage into the water resources.

· My Department as the water regulator is monitoring all water users to ensure that there is compliance with the conditions of the licenses. If conditions are breached or should persons, institutions or companies pollute any river or stream without a license then a directive is issued. Currently, there are 23 cases which my Department has started with legal process where there was non compliance with the directives as issued.

(2) My Department does from time to time run campaigns through the nine regional offices where the public is made aware of cholera and other waterborne diseases, where basic health and hygiene education has been done and pamphlets, soap and Jik were handed out to the communities.

Communities were also made aware of the potential health impacts of faecally polluted water through industrial theatre group performances. Posters, booklets and pamphlets were handed out to the schools in the communities. Clean ups at nearby streams were done with the cooperation of the municipalities after the performances. The waste bags were disposed of by the municipalities after the clean ups.

QUESTION NO. 2139. INTERNAL QUESTION PAPER NO. 24 NW2579E

DATE OF PUBLICATION: 27 August 2010

2139. Mrs S V Kalyan (DA) to ask the Minister of Water and Environmental Affairs:

(1) What (a) plan governs the removal of trees from the (i) Tokai and (ii) Cecilia plantations and (b) who was responsible for drawing it up;

(2) whether her department will revisit the decision to end commercial forestry at these locations; if not, why not; if so, what are the relevant details;

(3) (a) what funding is available under the current plan for the rehabilitation of the land to fynbos and (b) what is the expected cost per hectare for rehabilitation?

Mrs S V Kalyan (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

2139. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) (a) (i) and (ii) and (b)

The harvesting of the Tokai and Cecilia plantation trees is governed by the 20 year lease between the then Minister of Water Affairs and Forestry and the forestry company, MTO Forestry (Pty) Ltd. The Department of Water Affairs and Forestry was responsible for the sale of the standing timber by public tender and for drawing up the lease which was signed in 2005. This 'exit' lease has been assigned by the Minister to SANParks for Tokai and Cecilia to be managed by SANParks as part of the Table Mountain National Park.

(2) The sale of the timber by public tender, and the lease which provides for the harvesting of the plantations, are legally binding undertakings to which Government is committed by legal contract. In addition, the Tokai and Cecilia plantation areas are located within the designated Cape Peninsula Protected Natural Environment (CPPNE) which is the area that Government is committed, by Cabinet resolution, to establish as a National Park. A primary objective in doing so, is the restoration of critically endangered, irreplaceable fynbos vegetation which is found naturally in the plantation areas. As compartments are harvested, they are handed over to SANParks for management and rehabilitation.

(3) (a) and (b)

Government has made available R5million through the Expanded Public Works Programme, and SANParks has made available R3million in the current period for the rehabilitation of the land to fynbos and indigenous Afromontane forest. The current post harvesting cost is approximately R2 500 per hectare (paid for by MTO Forestry) with a further biodiversity rehabilitation cost of R5000 to R8000 per hectare.

QUESTION NO. 2138. INTERNAL QUESTION PAPER NO. 21 NW2578E

DATE OF PUBLICATION: 13 August 2010

Mr G R Morgan (DA) to ask the Minister of Water and Environmental Affairs:

How many environmental management inspectors (a) (i) have completed their training to date

and (ii) will have completed their training by 31 March 2011 and

(b) how is the figure for environmental management inspectors broken down per relevant authority?

Mr. G R Morgan (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

2138. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(a) i. As from December 2005 until March 2010, approximately 996 officials have received their Environmental Management Inspectors (EMI) bridging or basic training.

ii. From 31 March 2010 until 31 March 2011, it is estimated that an additional 150 officials will have completed their basic training at the Universities of Pretoria, South Africa and Cape Peninsula University of Technology.

(b) Environmental Management Inspectors per Institution

INSTITUTION

2007-2008

2008-2009

2009-10

SANParks

630

634

782

National Department of Environmental Affairs (DEA)

48

44

57

Isimangaliso Wetland Park Authority

1

1

1

Western Cape Department of Local Government, Environmental Affairs and Development Planning (DLGEADP)

23

39

40

Cape Nature

6

4

3

KwaZulu-Natal Department of Agriculture, Environmental Affairs and Rural Development (DAEARD)

27

21

25

Ezemvelo KZN Wildlife

26

22

23

Gauteng Department of Agriculture and Rural Development (DARD)

32

38

32

Limpopo Department of Economic, Development and Tourism (DEDET)

20

16

15

Eastern Cape Department of Economic Affairs, Environment and Rural Development (DEDEA)

15

24

22

Free State Department of Economic Development, Tourism and Environmental Affairs (DETEA)

10

15

15

Mpumalanga Department of Economic Development, Environment and Tourism (DEDET)

10

14

14

Mpumalanga Tourism and Parks Agency

11

11

Northern Cape Department of Environmental Affairs and Nature Conservation(DEANC)

12

13

12

Northwest Department of Agriculture, Conservation Environment and Rural Development (DACERD)

6

7

21

TOTAL

866

903

1073

Graph 1: Comparison of EMIs per institution NB: Excluding SANParks (782).

QUESTION NO. 2137.

INTERNAL QUESTION PAPER NO. 21 NW2577E

DATE OF PUBLICATION: 13 August 2010

Mr. G R Morgan (DA) to ask the Minister of Water and Environmental Affairs:

(1) What (a) was the status of the air quality in the Durban South Basin as at the latest specified date for which information is available and (b) were the various measurements related to individual measured components in the overall assessment of air quality;

(2) whether there is any mechanism to conduct an ongoing epidemiological assessment of the local population to determine the effect of air quality on human health; if not, why not; if so, what are the relevant details;

(3) whether she has found the air quality in the Durban South Basin to be acceptable; if not, what steps will she take to rectify the situation; if so, what was her findings based on;

(4) whether the refineries in the Durban South Basin are compelled to release regular results from their own air quality monitoring stations; if not, why not; if so, what are the relevant details;

(5) whether her department has (a) issued any (i) notices of noncompliance or (ii) directives or (b) brought any criminal charges against the refineries in the Durban South Basin since 1 January 2009; if not, why not; if so, what are the relevant details?

Mr. G R Morgan (DA) SECRETARY TO PARLIAMENT HANSARD

PAPERS OFFICE

PRESS

NATIONAL ASSEMBLY

QUESTION 2137

NW2577E

2137. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

1.

(a) The major ambient air quality problem with refineries in the South Durban basin has been Sulphur Dioxide (S02). However, with the implementation of the South Durban Basin Multi­Point Plan (SOB MPP), a staggering 40% reduction in S02 source emissions has been achieved over the last seven years. This emissions reduction achievement has led to a reduction in ambient S02 concentration levels. This is clearly demonstrated by a six year S02 annual average concentration trend as reflected in the 2009 Air Quality Annual report as published by the eThekwini Metropolitan Municipality (EMM) including observed reduction in the number of exceedances of the S02 standard. Other Priority pollutants have shown improved compliance with ambient air quality standards.

For the week of the 02-08-2010 to 08-08-2010, there were no observed exceedances for S02, Nitrogen Dioxide (N02), and there were only four observed exceedances on the 24-hour standard for Particulate Matter (PM 1 0). This is quite an improvement considering that August is a Winter Month.

(b) The e Thekwini Municipality (EMM) manages a continuous air quality monitoring network, consisting of twelve air monitoring stations, three of which are background stations, and seven meteorological stations. The network comprises of instrumentation owned and operated by e Thekwini Municipality, Health Unit, Pollution Control Support Section. The primary objectives of the network are to quantify the quality of air in South Durban in particular and eThekwini in general, measure compliance with air quality standards and provide a means of verification for dispersion models,

The network consists of twelve air monitoring stations, three of which are background stations, and six meteorological stations. The network instruments continuously measure the Priority pollutants Sulphur Dioxide (S02), Oxides of Nitrogen (NOx), particulate matter with an aerodynamic diameter less than 10 microns (PM1O), particulate matter less than 2,5 microns (PM2.S), Ozone (03) and Carbon Monoxide (CO) and total reduced Sulphur (TRS) measurements are also conducted.

The measurements also include meteorological parameters such as Wind Direction, Wind Speed, Ambient Temperature and Humidity. The relationship between air pollution components and meteorological parameters has assisted EMM to trace the ambient levels of pollution back to the point of origin (sources).

2. The intergovernmental South Durban Basin (SDB) Multi-point Plan (MPP) of action was initiated by National Cabinet in 2000, with an objective to undertake a comprehensive epidemiological study of the South Durban Basin. One of the goals of the MPP was to identify linkages between health effects and environmental pollution exposure. This study was concluded in 2005/6 at a cost of R7million.

On an ongoing basis, the strategic approach is to reduce exposure concentrations to below health based guidelines and standards. This has been accomplished as the data reported in the annexure attached illustrates, Our premise is that air quality guidelines are derived from health based data based on research and epidemiological assessments. Hence the strategy is to focus on continuous monitoring and emission reduction efforts.

3. Based on historical trends, air quality in the South Durban Basin has shown considerable improvements and demonstrates consistent compliance with the recently promulgated national ambient air quality standards. The air quality in the SOB has improved in terms of the priority pollutants as defined in the National Air Quality Act and is in compliance with legislation as well as the local Schedule Trade Permit Conditions.

4. In the development of the SOB MPP, the eThekwini Metropolitan Municipality worked closely with all stakeholders including refineries. Through the SOB MPP, refineries were encouraged to report regularly on their air quality measurements to complete the municipality's air quality monitoring network. In addition, in the development of the network, the refineries were encouraged to participate in the siting of the municipality's stations to ensure accurate coverage of the SOB in terms of air quality monitoring and avoid duplication,

To date, the refineries are reporting on a regular basis to the municipality's air quality data portal and the results of air quality from the municipality's network are published via an online near-real time reporting system which uses a novel air quality index that the municipality has developed with the Norwegian Institute for Air Research.

5.

i + ii

Sapref Refinerv:

A comprehensive environmental compliance inspection has been conducted by Environmental Management Inspectors (EMIs) at the Sapref Refinery. During this inspection EMIs identified a number of contraventions and non-compliances by the facility. These contraventions and non-compliances were included in a Compliance Inspection Report, which was issued to Sapref, affording the facility a specified time period within which to submit representations. The non-compliances included contraventions with some conditions of the APPA (Atmospheric Pollution Prevention Act) permits (including lack of records to verify compliance with the emission limits), storage of hazardous waste without the required authorizations and the potential for water and soil pollution as a result of improper storage of hazardous waste.

Sapref submitted its representations in December 2009, which included various undertakings that certain measures would be implemented to address a number of the contraventions. The representations were scrutinized by officials from this Department and in some instances; it was felt that they did not adequately address the non-compliances identified in the Compliance Inspection Report. A letter was issued to Sapref on 6 June 2010, requesting further information on these inadequacies. This information has been received and is currently being scrutinized. Following this review, a decision will be taken on whether or not to take more stringent enforcement action against Sapref.

Enqen Refinerv:

A comprehensive environmental compliance inspection has also been conducted by EMIs at the Engen Refinery. During this inspection, EMIs identified certain non-compliances by the facility, which were identified in the Compliance Inspection Report issued to Engen. These non-compliances included Engen's failure to submit certain reports, the commencement of certain activities (storage tanks I decommissioning) without the required permits and the storage of hazardous chemicals in unbunded areas.

Engen's representations and undertakings in response to the Inspection Report were received by the Department in October 2009. These representations were scrutinized by officials and were found to adequately address the non-compliances identified during the inspection. A letter was issued to Engen, in April 2010 informing the facility that enforcement action against the facility was not being considered based on the findings of the Inspection Report. However, Engen was informed that its operations would be closely monitored through the quarterty compliance meetings with officials from this Department as well as other organs of state.

b) No, please see explanations at (a) i+ii above.


QUESTION NO 2136

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 13 AUGUST 2010

(INTERNAL QUESTION PAPER NO. 20)

2136. Mrs S V Kalyan (DA) to ask the Minister of Water and Environmental Affairs:

(1) (a) What are the current efforts by the Hartebeespoortdam remediation programme to raise money other than that received from the Treasury and (b) what is the total amount of money raised to date;

(2) whether staff of her department or consultants to the programme raised money through civil society organisations; if so, what are the relevant details? NW2576E

REPLY:

(1)(a) The Hartbeespoort Dam Remediation Programme (Harties Metsi a me) has developed a strategy to mobilise support from the Corporate and Private fraternity, inclusive of the estates around the dam. The rationale behind the strategy was to pursue and realise additional sources of support to enable fast tracking of projects and activities into the implementation phase. Support and sponsorship could include the performing of activities aligned with the remediation programme, funding, material or equipment. Important in this process was to:

· unlocking Social and Economic commitments;

· identify and facilitate the minimum support required to enable the sustainable implementation of the remediation programme in the absence of a Resource management Plan (RMP);

· identify priority projects that could enhance the remediation programme and package a feasible business opportunity around each;

· identify the external support that may be interested to fund or co-fund these projects and activities;

· establish a legal structure and institution that could manage and secure the flow of external funding, and

· finally to monitor, manage and report on process flow and expenditures for each opportunity separately.

The focus on potential sponsors evolved around the following:

Contributions in kind – The Implementing Agent (Rand Water) became involved in the Harties Metsi a me in 2006. Rand Water is managing the programme without charging my Department's Implementing Agent fees as per the contract. In addition to this, a full time Project Manager with other administrative and management support were also provided. The total contribution over this period of four years adds up to approximately R8.1 m.

Residents and estate owners around the dam – A very concerted effort was put in place to mobilise support from residents and home owners around the dam. An initial antagonistic view from these stakeholders due to the poor state of the water in the dam was turned into a positive and co-operative spirit.

The result of the survey revealed that an amount in excess of R2,0 million was spent in 2008 collectively by residents around the dam to supplement the efforts of the Harties Metsi a me team. In 2009 to February 2010, stakeholders became actively involved in shoreline remediation, debris and hyacinth removal in front of estates with an estimated contribution of R 3,2 million. Their support programme will include the establishment of floating wetlands, shoreline restoration and promotion of wetlands, waste minimisation and improvement of storm water management on properties.

Potential Corporate Sponsors – The following corporate sponsors who through their business ventures reinforced the aims of the Harties Metsi a me programme:

· The Oppenheimer Foundation – The Oppenheimer Foundation has shown interest to sponsor projects on the Programme. The initial communication process was stalled by the current economic climate in South Africa and it will be revisited upon recovery of the climate.

· The local Mining sector– There is synergy in certain Programme activities with the mines. A sponsor for a pilot project has been received from Elands Mine for possible use of organic enriched sediments (jelly layer) at the dam wall zone for rehabilitation of tailings dams and disturbed areas. eg Elands Mine has signed an agreement to the tune R94 500 of with Rand Water.

· Financial Sector – The financial sector such as Nedbank has been approached to solicit their interest in sponsoring certain activities through their eco-friendly banking approach.

· Business Sector - Coca Cola was also earmarked as potential sponsor.

· Potential and existing International Sponsors – The underlisted international donors that are highly involved with water projects in Africa have been approached. Namely,

v Finnish Government – specialist guidance and support as well as contributions towards the establishment and equipping of the Communication Centre.

v Belgium and UNESCO – knowledge transfer program including the development of information materials and equipment at the Communication Centre.

v Infrastructure Consortium for Africa (ICA) for funding of infrastructure development projects.

(1)(b) The total estimated funding / support to date from sponsors mentioned above is approximately R19,85m. The figure was compounded as follows:

· Support in kind is estimated at R8.1m+

· Contributions from residents around the dam is estimated at R5,2m for the last 2 financial years.

· Corporate support - amount transfer to Rand Water R0,35m

· International Donors- R6,2m donated at Treasury

All indications are that a positive swing in the current economic climate will certainly release more support from the Corporate and Private Sector towards the Programme.

(2) No staff of my Department or consultants to the programme raised money through civil society organisations. This is because the Civil Society Organisations in the Region of North West called the Hartbeespoort Dam Water Action Group (HWAG) has been involved in the programme since inception.

QUESTION NO 2135

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 13 AUGUST 2010

(INTERNAL QUESTION PAPER NO. 20)

2135. Mr M J Ellis (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether, with reference to the Hartbeespoort Dam remediation programme, there is any current involvement of Finnish scientists in the programme; if not, when was the last association of Finnish scientists in this programme; if so, what are the relevant details;

(2) what (a) is the current area covered by floating islands in the dam, (b) is the optimal area of the dam that needs to be covered by these islands for this programme to be successful and (c) methodology is used to determine the optimal area of the dam that should be covered by floating islands;

(3) (a) what (i) number and (ii) type of fish was caught as part of the remediation programme in each year since the inception of the programme and (b) what was the target for fish catches in each case;

(4) whether the targets for fish catches have been achieved in each year since the inception of the this programme; if not, why not, in each case? NW2575E

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REPLY:

1) Yes, the Harties Metsi a Me Programme has regular interactions and involvement with the Finnish Scientists, namely;

· Dr Keto: Limnologist

· Mr Porra: Environmental Director, Lahti-Technical and Environmental Affairs

· Mr Malin -Head of Water Protection, Lahti City,

· Mr Sjoberg -Project Manager, Finnish Environmental Institute

(2)(a) The current area covered by single floating islands, as per the present design, is 16m2 of which there are 357. This totals 5712 m2 of floating area with an estimated equivalent wetland functionality of about 856,800 m2 of land bound wetland. This equates to approximately 85 hectares of land bound wetland.

(2)(b) The estimated optimal coverage of floating wetlands and shoreline vegetation in, and on the dam alternatively is 200 hectares (125 000 of the 16 m2) over the next ten years (approximately 10% of the dam's surface area).

(2)(c) The two main aspects used to determined the optimal area that could be covered by floating wetlands were (i) the potential coverage that could potentially / or had been established naturally along the shoreline according to the depth and slope before the distortion / destruction of the shoreline conditions in the past, (ii) the estimated optimal areas that would be operated and managed sustainably along the shoreline, given the frequency of fluctuation / changing water levels of the dam. Any significant fluctuations would require that the anchors of the floating wetlands be moved, or the anchoring ropes be lengthened to adjust the position of the wetlands accordingly.

(3)(a)(i) The total number of fish caught as part of the remediation programme is 65.8 tons.

(3)(a)(ii) The type of fish caught as part of the remediation programme are Carp, Catfish and small amounts of Blue Kurper and Bass.

(3)(b) The targets for fish caught in each case are 200-300 tons in 2008 and 400-600 tons in

2009.

(4) No, the set targets were not achieved primarily as a result of under performance by the appointed contractor. Steps were taken to remedy the situation which includes the dismissal of the contractor.

QUESTION NO 2134

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 13 AUGUST 2010

(INTERNAL QUESTION PAPER NO. 20)

2134. Mr M J Ellis (DA) to ask the Minister of Water and Environmental Affairs:

(1) What is the maximum monetary amount for expenditure over which a certain person (details furnished) has signing authority;

(2) whether, since the inception of the Hartbeespoort Dam remediation programme, the said person has exceeded his signing authority for expenditure; if not, how was this conclusion reached; if so, what are the relevant details;

(3) whether Rand Water appoints the contractors to the remediation programme; if not, why not; if so, what are the relevant details;

(4) what is Rand Water's responsibility regarding the remediation programme? NW2574E

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REPLY:

(1) According to Treasury Regulation 8.2.1 of the Authority for Financial Matters, Deputy Directors or equal ranks are delegated to spend or commit public money up to the value of R5 000 000 while the Directors' are delegated "more than R5 000 000". Mr Petrus Venteer is employed by my Department as a Deputy Director and in some instances has acted for long periods as a Director.

(2) No, Mr Petrus Venter has not exceeded his signing authority for expenditure as he is authorised the signing of expenditure within his delegated authority.

(3) Yes, Rand Water appoints contractors to the remediation programme in accordance with their procurement policy. Such is in line with the terms and conditions of the agreement as an Implementing Agent for the Harties Metsi a Me Integrated Biological Remediation Programme.

(4) The responsibility of Rand Water regarding the remediation programme involves the day to day management of the programme primarily based on the implementation and management of all activities undertaken as part of the Harties Metsi a Me programme. This relates to finances, procurement and agreed deliverables in terms of the signed Implementing Agent Agreement.

QUESTION NO 2121

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 13 AUGUST 2010

(INTERNAL QUESTION PAPER NO. 20)

2121. Mrs S P Kopane (DA) to ask the Minister of Water and Environmental Affairs:

What are the relevant details of systems and programmes currently in place in the Working for Water programme to (a) assist and (b) incentivise private landowners to clear alien vegetation? NW2561E

REPLY:

(a) My Department through Working for Water (WfW) Programme instituted the following assistance to private landowners for the clearing of invasive alien plants:

· Provision of herbicide and labour cost for alien plants clearing and monitoring arrangement to ensure that the herbicide is correctly applied.

· Technical and management advices to ensure efficacy of the clearing.

(b) The assistance indicated in paragraph (a) above can also be viewed as incentives. Private land owners can have the ability to access natural resources such as water freed up through clearing operations. Of importance, private landowners are also able to qualify for tax and other fiscal incentives where they have entered into conservation agreements with the state. e.g. management expenses on their properties such as clearing of invasive alien plants can be viewed as a tax deductible expense.

QUESTION NO. 2120. INTERNAL QUESTION PAPER NO. 19 NW2560E

DATE OF PUBLICATION: 13 August 2010

Mrs A T Lovemore (DA) to ask the Minister of Water and Environmental Affairs:

(1) (a) What are the relevant details of her department's investigation into the operation of a certain company (name furnished) in Olifantsfontein and (b) what was the outcome of the investigation;

(2) whether her department has laid any charges against the said company for non-compliance with the requirements of environmental legislation linked to the Olifantsfontein, Gauteng operation of the said company; if not, what action has been taken to ensure compliance with legislative requirements; if so, what (a) is the current status of the case and (b) are the further relevant details of the charges laid;

(3) whether the said company was prohibited from operating; if so, what alternative arrangements have been made for the treatment of the health care risk waste previously handled by this company?

Mrs A T Lovemore (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

2120. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

1 (a) The Department of Environmental Affairs' (DEA) current role in this matter is limited to the monitoring of the conditions of the waste authorisation that was granted.

(b) However, in line with the requirements for sound co-operative governance, the DEA is working with the Ekurhuleni Metropolitan Municipality (EMM) and the Gauteng Department of Agriculture and Rural Development ("GDARD") in addressing air quality complaints which fall within the mandate of the local sphere of government. A strategy has been developed to properly investigate these complaints so that objective and verifiable information can be utilized to inform a decision on whether enforcement action is required.

2. The DEA initiated a criminal investigation in relation to the Thermo power facility in Olifantsfontein, Gauteng towards the end of 2006, specifically in relation to non-compliance with the permits that had been issued to the facility.

(a) The case has been postponed to 1 September 2010. Thermopower has been given an opportunity

to make representations to the Director of Public Prosecutions as to why the case

should be withdrawn.

(b) The criminal case that emanated from this investigation therefore focussed on the

following:

· Failure to comply with the conditions of the environmental impact assessment authorisation, which is an offence as outlined in section 24F of the National Environmental Management Act; and

· Failure to comply with the conditions of the waste permit which is an offence in terms of section 29(4) of the Environment Conservation Act.

3. The DEA has not issued any administrative notices to date that would prohibit the facility from operating. Thermopower is therefore allowed to continue operations subject to the conditions that are set out in the relevant authorisations.

QUESTION NO 2119

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 13 AUGUST 2010

(INTERNAL QUESTION PAPER NO. 20)

2119. Mrs A T Lovemore (DA) to ask the Minister of Water and Environmental Affairs:

Whether any short, medium and long term plans have been put in place to ensure a sustainable supply of water in the Ndlambe municipal area; if not, why not; if so, what are the relevant details? NW2559E

REPLY:

Yes, my Department has put in place short, medium and long term plans in place to ensure sustainable water supply in the Ndlambe Local Municipal area, namely;

· The provision of 90 water tanks in the towns for emergency water supply.

· Hiring of additional water tankers to cart and distribute the potable water particularly for the flushing of toilets and the sewer system.

· Procurement of a temporary and permanent Sea Water Reverse Osmosis Plants to supply the current demand with existing supply.

· Taking water from Port Alfred to Bathurst though the current gravity raw water line by converting to potable water supply.

QUESTION NO. 2098. INTERNAL QUESTION PAPER NO. 19 NW2508E

DATE OF PUBLICATION: 06 August 2010

Mr I O Davidson (DA) to ask the Minister of Water and Environmental Affairs:

Whether, with reference to her reply to question 121 on 16 April 2010, she will consider implementing regulations on the export of lion bones; if not, why not; if so, what are the relevant details?

Mr I O Davidson (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

2098. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

No. The export of lion bones is already adequately regulated by the Threatened or Protected Species (TOPS) Regulations and the regulations relating to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Both sets of regulations have been promulgated in terms of the Environmental Management: Biodiversity Act (Act No. 10 of 2004). Thus, the development and implementation of additional regulations is not considered.

QUESTION NO. 2089.

INTERNAL QUESTION PAPER NO. 19 NW2490E

DATE OF PUBLICATION: 06 August 2010

Mr. I O Davidson (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether SA National Parks (Sanparks) will review the decision to clear-fell trees in the (a) Tokai and (b) Cecilia plantations within the boundaries of the Table Mountain National Park; if not, why not; if so, what are the relevant details;

(2) whether Sanparks will allow any portions of these plantations to be used as urban parks for the use and enjoyment by the public; if not, why not; if so, what are the relevant details;

(3) (a) how many trees are scheduled to be (i) clear-felled and (ii) ringbarked in the 2010-11 financial year and (b) by when is it envisaged that these trees will have been (i) clear-felled and (ii) ringbarked?

Mr I O Davidson (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

2089. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) No. The decision to harvest the plantations at Tokai and Cecilia was taken in 2003, following extensive study. The plantations fall within a proclaimed Protected Natural Environment which Government has committed to becoming part of the Table Mountain National Park.

(2) No. In terms of the Tokai and Cecilia Management Framework that has been approved by SANParks, supported by the City of Cape Town and accepted by Department of Water Affairs, the compartments of planted shade providing pine trees will be in place until 2024 and the plantation areas will remain open for the full range of recreational activities currently undertaken whilst allowing for fynbos and forest restoration.

(3) (a)(i) 12 500 trees.

(ii) Don't know as it only depends in cases where it is not viable to harvest.

(b) (i) March 2011 and (ii) March 2011.

QUESTION NO 2087

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 06 AUGUST 2010

(INTERNAL QUESTION PAPER NO. 19)

2087. Mr G R Morgan (DA) to ask the Minister of Water and Environmental Affairs:

(1) (a) Which municipalities in KwaZulu-Natal currently have notices or directives in terms of section 19(3) of the National Water Act, Act 36 of 1998, issued against them, (b) when was the notice or directive issued, (c) why was the notice or directive issued and (d) what was the response from the municipality as at the latest specified date for which information is available;

(2) whether any of these municipalities have had criminal charges brought against them for transgressions in terms of the National Water Act, Act 36 of 1998; if not, why not; if so, what are the relevant details? NW2488E

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REPLY:

(1)(a) Seven (7) notices and directives have been issued to four (4) municipalities as reflected in Annexure A attached.

(1)(b) The notices and directives were issued between April and July 2010. Refer to Annexure A attached hereto for the details.

(1)(c) Refer to Annexure A attached hereto for the reasons for issuing the notices or directives.

(1)(d) Refer Annexure A attached hereto for the details of the responses from the affected municipalities.

(2) No, none of the municipalities have had criminal charges brought against them for transgressions in terms of the National Water Act, 1998 (Act No 36 of 1998). As part of Compliance Enforcement Protocol, public institutions are notified of their non compliance and supported to improve processes to achieve compliance. The KwaZulu-Natal provincial Department of Cooperative Governance and Traditional Affairs is closely involved in implementing turn around strategies at municipalities to address institutional shortcomings.

QUESTION NO 2086

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 06 AUGUST 2010

(INTERNAL QUESTION PAPER NO. 19)

2086. Mr G R Morgan (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether, with reference to her reply to question 1442 on 25 May 2010, any further steps have been taken against the Grootvlei mine for decanting untreated or partially treated water into the adjacent water course; if not, what is the position in this regard; if so, what steps;

(2) whether the mine owners will be compelled to remediate the affected Ramsar wetland in the vicinity of the mine; if not, why not; if so, what are the relevant details;

(3) whether her department is providing financial assistance to the mine for pumping and treating mine water; if not, why not; if so, what are the relevant details;

(4) what is the (a) name and (b) designation of the official that did the inspection at each mine;

(5) whether there has been any improvement in the quality of the water that is being discharged from the mine; if not, what is the position in this regard; if so, what are the relevant details? NW2487E

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REPLY:

(1) Yes, the matter is with the National Prosecuting Authority (NPA) and the South African Police Service (SAPS) Investigating Officer has taken more samples from the partially treated water being pumped and discharged by the Grootvlei Mine as part of the investigations. My Department will be advised as soon as the investigations have been concluded.

(2) Yes, according to section 19 and 20 of the National Water Act, 1998 (Act No 36 of 1998) and depending on the outcome, the NPA may decide that the mine could be held liable for the remediation of the affected Ramsar Wetland. However, correct procedures would have to be followed to investigate the matter and all the relevant stakeholders need to agree on the remediation process.

(3) No, my Department is not responsible for providing financial assistance to the mine.

(4) Below are the names and designations of my Department's officials which conducted the last inspection:

· Mr Marius Keet: Acting Director: Institutional Establishment,

· Mr Ephraim Matseba: Deputy Director: Institutional Establishment and

· Mr Phillimon Khwinana: Assistant Director: Water Quality Management

(5) No, due to the Mine's financial position, there is insufficient treatment of the effluent thus resulting in non compliance with the discharge standards stipulated in the water use license issued to the Grootvlei Mine. My Department continues to monitor the situation at the Mine as well as in the Blesbok Spruit downstream to the Ramsar Wetland. The findings of the SAPS investigations and the National Prosecuting Authority decision will guide my Department on the way-forward.

QUESTION NO 2084

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 06 AUGUST 2010

(INTERNAL QUESTION PAPER NO. 19)

2084. Mrs S V Kalyan (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether employees in the subdirectorate Water Quality Management have been categorised as nonscientists according to the occupation specific dispensation (OSD); if so, why;

(2) whether employees in this subdirectorate have disputed their classification; if not, how was this conclusion reached; if so, what are the relevant details;

(3) whether her department will revisit the decision in order to classify employees in this subdirectorate as possessing scarce skills; if not, why not; if so, what are the relevant details;

(4) whether any steps will be taken to retain employees of the subdirectorate who indicate that they will resign because of the OSD classification as nonscientists; if not, why not; if so, what steps? NW2485E

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REPLY:

(1) Yes, the job profiles as well as the Performance Agreements and the duties performed by the employees concerned are in line with the provisions of the Bio-diversity OSD.

(2) Yes, written enquiries have been received from the affected employees and written responses will be provided to the employees.

(3) The employees are already classified as possessing scarce skills, hence their translation to the Bio-Diversity OSD. In terns of Resolution 1 of 2007, various occupational categories were determined as scarce skills of which Bio-Diversity is one.

(4) In terms of the OSD provisions, Part V C 3 of the Public Service Regulations that deals with retentions of staff has been withdrawn for production grades. My Department therefore is not in the position to make counter offers to employees who resign.

QUESTION NO 2082

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 06 AUGUST 2010

(INTERNAL QUESTION PAPER NO. 19)

2082. Mrs S V Kalyan (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether there is a national aquatic ecosystem health monitoring programme (NAEHMP) for (a) dams, (b) reservoirs and (c) impoundments similar to the programme for rivers; if not, why not; if so, what are the relevant details;

(2) whether such programmes will be instituted; if not, why not; if so, when? NW2483E

REPLY:

(1)(a) No.

(1)(b) No.

(1)(c) No. Currently, the National Aquatic Ecosystem Health Monitoring Programme (NAEHMP) is only applied in rivers. The monitoring methods and ecological indices developed for this programme are very specific to lotic (flowing) water ecosystems and can not be applied with confidence in dams, reservoirs and impoundments. The reason for this is that since the inception of the then River Health Programme in 1995, the focus was on establishing reliable methods to determine the health of rivers in South Africa.

The only national monitoring programme currently focusing on dams, reservoirs and impoundments is the National Eutrophication Monitoring Programme, which specifically measures the nutrient enrichment of dams and their trophic status. As part of this programme, the development of a diatom index is being investigated which will also be used within the NAEHMP.

(2) At the moment, the focus is on the planning and development of the National Estuaries Monitoring Programme and the Sediment Monitoring Programme (SMP). The purpose of the latter programme (SMP) is to monitor the accumulation of sediment in the receiving water bodies such as impoundments, dams and reservoirs.

QUESTION NO 2081

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 06 AUGUST 2010

(INTERNAL QUESTION PAPER NO. 19)

2081. Mrs S V Kalyan (DA) to ask the Minister of Water and Environmental Affairs:

(1) What is the nature of the damage that has been done to the Krugersdorp Nature Reserve following the (a) decant of acid mine drainage from the neighbouring property of Rand Uranium and (b) subsequent efforts to treat the decanting acid mine drainage with lime;

(2) whether the mines that have liability for the acid mine drainage in the Western Basin will be compelled to rehabilitate the affected areas in the said reserve; if not, why not; if so, what are the relevant details;

(3) whether any assistance is being provided to the said reserve to ensure that the animals in its care have sustained access to clean water; if not, why not; if so, what are the relevant details? NW2482E

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REPLY:

(1)(a) The acid mine drainage has affected the watercourse within the Krugersdorp Nature Reserve by causing a decrease in the pH and an increase in the sulphate level. This has rendered the environment inhabitable to fish and amphibians. During inspections it is observed that birds and mammals are making use of the Dam within the reserve.

(1)(b) Subsequent efforts to treat the decanting acid mine drainage with lime resulted in significant improvement in the water quality.

(2) Yes, once the decanting acid mine water in the Western Basin has been brought under control, my Department will according to Section 20 of the National Water Act, 1998 direct the existing mining companies to formulate a remediation plan for the watercourse in the Reserve.

(3) Yes, following a request from my Department, the mines installed a borehole and have constructed watering ponds for wildlife watering in the reserve.

QUESTION NO 2079

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 06 AUGUST 2010

(INTERNAL QUESTION PAPER NO. 19)

2079. Mr M J Ellis (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether, with reference to the recent alienation of certain properties (details furnished) on the banks of the Hartbeespoort Dam, there are any concerns about decreased access to the dam for members of the public; if not, how was this conclusion reached; if so, what are the relevant details;

(2) Whether her department raised any objections to the alienation of these properties; if not, why not; if so, what are the relevant details;

(3) Whether the alienation of these properties will have an impact on the operations of the Hartbeespoort dam remediation programme; if not, (a) why not and (b) how was this conclusion reached; if so, what are the relevant details;

(4) Whether her department has set a servitude line on these properties below which development is prohibited; if not, why not; if so, what are the relevant details;

(5) Whether there has been any pressure on her department from the developers of these properties to allow them to build closer to the water's edge, contrary to the parameters set by her department; if not, what is the position in this regard; if so, what was her department's response? NW2479E

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REPLY:

(1) Yes, there are concerns about the decreased access to the dam. Madibeng Local Authority had controlled access of the public to Oberon and Kommandonek until the sale of these properties to the Developer. It must be highlighted that there were 99-year lease agreements entered into on 3 January 1993 between the former Transvaal Provincial Administration and the then Town Council of Hartbeespoort regarding the Oberon Holiday Resort and the Kommandonek Resort. The Municipality of Madibeng and the North West Provincial Government respectively became the successors to Transvaal Provincial Administration and the Hartbeespoort Town Council.

A report by my Department on the alienation of these properties indicated that the effective shoreline access available to the general public would decrease from 16% of the dam shoreline to only about 6% if public access onto Oberon and Kommandonek was to be prohibited or reduced (calculated on the length of the shoreline).

(2) Yes, my department did raise objections and set out clear requirements to ensure access for future remediation and management of the dam. The objections raised were to ensure that the State Land needed was retained to safely operate and maintain the resource and to properly exercise the mandate of my department including registering relevant servitudes on Oberon and Kommandonek in favour of my Department for the remediation programme of the Hartbeespoort Dam.

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(3) Yes, the alienation of these properties does pose a risk on the effective remediation and management of the dam if the required access and land needs are not met. The required servitudes have not yet been registered. My Department will ensure that all favourable servitudes are registered as required.

Both Oberon and Kommandonek are strategic in playing an important role in the implementation of operational projects on the Hartbeespoort Dam Remediation Programme. The following add to the strategic value of these two properties:

1. Provides easy access to the dam from the water and from the land

2. Covers access from the south and north on this fairly large impoundment

3. Oberon in particular provides access to the Crocodile River where most of the catchment pollution, debris and sediment enter the dam.

(4) Yes, my department determined the required "dam boundary line" which was retained as the minimum required State Land needed and furthermore identified additional servitudes that need to be registered on the disposed properties outside the "dam boundary line" prior to the transfer of these properties.

In the case of Oberon the "dam boundary line" was determined taking into consideration and including the full supply level of the Hartbeespoort dam (fsl), 1:100 year flood line being the high flood level (hfl) and a buffer area calculated in accordance with my Department's policy to accommodate impact that influences the storage capacity of the dam such as silting in the reservoir as well as changes in the characteristics of the catchments.

In the case of Kommandonek the "dam boundary line" already existed. My Department has in accordance with policies taken steps to ensure that this land is retained as State Land for the use of my Department where no major development will be allowed and this has been communicated with the developer. Any contraventions will be dealt with in terms of the National Water Act.

(5) Yes, the developers would like to develop as close as possible and even within the demarcated "dam boundary line" of the dam. Certain unauthorised activities have already occurred at Oberon with the development of a harbour and this is being dealt with in accordance with the National Water Act.

Various informal proposals were made to my Department by the Developer for potential developments on Oberon and Kommandonek, including water front developments; however no formal submissions or requests for developments within the dam boundary line have been received by my Department.

QUESTION NO 2063

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 06 AUGUST 2010

(INTERNAL QUESTION PAPER NO. 19)

2063. Mrs J F Terblanche (DA) to ask the Minister of Water and Environmental Affairs:

(1) On what date was a water use licence issued to a certain company (name furnished) for the building of a centralised tailing storage facility near Klerksdorp;

(2) whether, prior to the issuing of the licence, any consideration was given to possible soil contamination through seepage of (a) radio nuclides and (b) heavy metals from the proposed facility; if not, why not; if so, what are the relevant details;

(3) whether the predicted effects of the facility on groundwater have been verified; if not, why not; if so, what are the (a) findings and (b) further relevant details;

(4) whether the environmental impact assessment of the facility has predicted any negative impact on the Vaal River; if not, what is the position in this regard; if so, what (a) are the relevant details and (b) measures will be put in place to rectify the situation? NW2462E

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REPLY:

(1) The water use license was issued to Mine Waste Solution on 11 June 2010.

(2)(a) Yes; prior to the issuing of the license, consideration was given to potential soil contamination through seepage of radio nuclides. According to the mathematical models and information contained in a detailed Radiological Public Safety Assessment Report for the proposed Mine Waste Solutions Tailings Storage Facility (TSF), the potential of seepage of radio nuclides and the potential resultant impact is negligible and manageable.

(2)(b) Yes; prior to the issuing of the license, consideration was given to potential soil contamination through seepage of heavy metals and other constituents from the proposed new Mine Waste Solutions TSF. According to a compiled Geohydrological Report, contamination through seepage of heavy metals and the potential resultant impacts is negligible and manageable.

(3)(a) Yes, the predicted effects of the facility on groundwater have been verified by means of detailed numerical modelling that was conducted as part of the groundwater study. The findings of the study indicated that the effects of the facility will have a minimal detrimental impact to groundwater due to the geology and the fact that the TSF must be lined.

(3)(b) My Department will ensure (based upon the outcome of the recalibration of the model) that additional monitoring boreholes and monitoring points will be established to address areas of potential concern where due to the lack of sufficient information over time, knowledge gaps may become evident.

(4)(a) No, the detailed groundwater study referred to in paragraph (3)(a) above, indicated that any potential pollution plume associated with the proposed new facility is extremely unlikely to reach the Vaal River and that any impacts (if any) will be insignificant even in the longer term (100 years plus).

It should be noted that the study confirmed that removing a total of 14 point sources of historic pollution and seepage situated on dolomite and reprocessing and locating such on the proposed new facility off dolomites will have a net positive effect on water quality in the Vaal River.

(4)(b) Falls away.

QUESTION NO 2062

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 06 AUGUST 2010

(INTERNAL QUESTION PAPER NO. 19)

2062. Mr G R Morgan (DA) to ask the Minister of Water and Environmental Affairs:

(1) (a) What (i) is the budget allocation for the Working for Water programme for the 2010-11 financial year and (ii) is the financial breakdown for each project, (b) in respect of each project, what (i) is the location of the project, (ii) is the name of the contractor, (iii) is the aim of the project and (iv) was the budget allocated in the (aa) 2008-09 and (bb) 2009-10 financial years and (c) how many job opportunities were created by the Working for Water programme in the 2009-10 financial year;

(2) whether any vegetation has been planted to replace the alien vegetation that has been removed; if not, why not; if so, what are the relevant details? NW2461E

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REPLY:

(1)(a)(i) The budget allocation for the Working for Water programme for the 2010/11 financial year is R727.808 million.

(1)(a)(ii) Refer to Annexure A for the summary of the data.

(1)(b)(i) Refer to Annexure A for the summary of the data.

(1)(b)(ii) Refer to Annexure A for the summary of the data.

(1)(b)(iii) Refer to Annexure A for the summary of the data.

(1)(b)(iv)(aa) Refer to Annexure A for the summary of the data.

(1)(b)(iv)(bb) Refer to Annexure A for the summary of the data.

(c) A total of 26,331 work opportunities were created on the Working for Water Programme in the 2009-10 financial year, meaning that these were the number of individuals receiving paid work for varying days within the year. The indicator use by the programme to measure job opportunities is the persondays of work (the number of people employed multiplied by the number of days of work each person worked). Working for Water provided 1,584,085 persondays of work during 2009/10.

(2) The planting of alternative indigenous vegetation in areas where alien invasive plants are being cleared, is only done where evidence points to the need for such an option. In most cases, the seed banks of indigenous species are sufficient to result in rehabilitation of cleared land, over a period of time. The need for planting of indigenous vegetation is acknowledged on very steep slopes that have been cleared, for example, or where an intense fire has gone through an invaded area damaging the indigenous seed banks. The greatest focus, however, is in riparian areas, owing to the destabilizing impact that invasives (and their clearing) can have.

Research that was funded by the programme in 2008, pointed out that in the Fynbos, Grassland and Savanna Biomes, "repair" options such as replacement by indigenous pioneer species need only be considered in some riparian areas with closed alien invasive stands (75–100% aerial cover). Interestingly the study pointed out that where effective alien clearing operations are carried at sites with cover of less than 75% and with some indigenous species present, the recovery of riparian vegetation structure and functioning will be a likely result without the further need for planting of replacement species. It remains prohibitively expensive (R10 000 per hectare in some instances) to conduct such "repair" actions, but the programme remains committed to supporting this where the evidence points to the need for this action.

With limited funding, the question must always be asked whether greater benefits will be achieved by clearing more hectares of invaded land, and especially lightly-infested land – thereby preventing the intense invasions that will otherwise occur if land is left to be invaded whilst planting up the areas that have been cleared. The programme does have a significant focus on the rehabilitation of land, most notably the planting of spekboom in the thicket biome of the Eastern Cape. This sub-programme (called Working for Land) has a budget of R32 million in 2010/11.

QUESTION NO 2058

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 06 AUGUST 2010

(INTERNAL QUESTION PAPER NO. 19)

2058. Mr M J Ellis (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether, with reference to her reply to question 1602 on 8 June 2010, she has been informed that a certain mine (name furnished) at Brakfontein has been abandoned in November 2009 prior to a valid water licence being issued; if so, what are the relevant details; if not,

(2) whether she will investigate the matter; if not, why not; if so,

(3) whether any action will be taken against this mine for operating without a water licence; if not, why not; if so, what action;

(4) how will her department (a) handle the closure of the mine considering that no water licence had been issued at the date that the mine was abandoned and (b) be able to (i) issue directives or (ii) bring criminal charges against the mine;

(5) what (a) was the date of the last inspection of the mine by officials of her department and (b) are the (i) names and (ii) designations of the persons who conducted the inspection? NW2457E

REPLY:

(1) Neither I nor my Department was informed of the alleged abandonment and/or intended closure of the mine.

(2) Yes, my Department is investigating this matter with the Department of Mineral Resources (DMR).

(3) Yes, my Department will take action but the specific action will depend on the outcome of the investigation.

(4)(a) It is impossible to disclose details of specific actions before the investigation has been completed. My Department may consider making use of section 19 of the National Water Act, 1998 (Act No 36 of 1998) with regards to the issuance of a directive. My Department also co-operates with the DMR with regards to applications made by mines for closure in pursuance of closure certificates.

(4)(b)(i)

and

(4)(b)(ii) Again in this case it will be premature to mention details of future actions before the investigation as well as consultations with DMR have been finalised.

(5)(a) The last inspection of the mine by officials of my Department happened on 10 August 2010.

(5)(b)(i) The official was Mr. Jacob Malesa.

(5)(b)(ii) Mr Malesa is a Senior Water Pollution Control Officer.

QUESTION NO 2047

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 06 AUGUST 2010

(INTERNAL QUESTION PAPER NO. 19)

2047. Mrs A T Lovemore (DA) to ask the Minister of Water and Environmental Affairs:

(1) What (a) are the details of the monitoring regime of the uranium levels in the Wonderfonteinspruit catchment and (b) have the results been since 1 January 2010;

(2) whether any epidemiological studies have been carried out to determine the health impact of the radioactive uranium in the catchment area; if so, what are the relevant details; if not,

(3) whether such epidemiological studies are planned for the near future; if not, why not; if so, (a)(i) when and (ii) by whom will the studies be conducted and (b) what (i) areas and communities, (ii) possible health impact and (iii) pollution pathways will be considered in the studies;

(4) whether the results of these studies will be made available to the public; if not, why not; if so, what are the relevant details? NW2442E

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REPLY:

(1)(a) The monitoring sampling schedule of the Uranium levels in the Wonderfontein Spruit catchment has been conducted by various institutions such as my Department, the mines discharging treated mine water, the National Nuclear Regulator (NNR) and Tlokwe (Potchefstroom) Local Municipality.

The NNR does monitoring on an ad hoc basis as part of their verification program to ensure the mines compliance with the conditions stipulated in their individual radiological effluent programs as per the Mine Certificate of Registration. It should be noted that my Department previously conducted routine sampling. However, such monitoring was scaled down as the other institution's results satisfied my Department's needs. As a sector leader and regulator, my Department thus closely monitors the results submitted. As the last routine sampling was conducted by my Department as part of this regulatory oversight role in June 2009, an ad hoc sampling to verify the other institutions' analysis will be done by the end of August 2010.

(1)(b) The results from samples taken by the NNR indicated no elevated levels of radio activity in the water whilst the weekly water sampling done by Tlokwe Local Municipality on various points in the Lower Wonderfontein Spruit always complied with the potable water standard specified by the World Health Organisation.

(2) Yes, the epidemiological study was carried out by Tlokwe Local Municipality as it falls outside my Department mandates. The study was to establish if there are any health defects in groups living along and making use of the watercourse in the Wonderfontein Spruit. This group was compared to a reference group living away from the Wonderfontein Spruit. The findings of the study did not yield any significant differences between the two groups and did not indicate results suggestive of exposure to heavy metals and uranium in the group associated with the Wonderfontein Spruit.

(3)(a) No, the epidemiological studies falls outside my Department mandates and as result can not be part of my future plan.

(3)(b) Refer to paragraph (3)(a) above.

(4) Refer to paragraph (3)(a) above.

QUESTION NO. 2046.

INTERNAL QUESTION PAPER NO. 19 NW2441E

DATE OF PUBLICATION: 06 August 2010

Mrs A T Lovemore (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether she has received an appeal from Transnet in respect of the directive issued by her department regarding the operations at the manganese ore dumps at the Port Elizabeth harbour; if so, (a) on what has Transnet based its appeal and (b) what are the grounds for her response;

(2) what (a) timeframes are attached to the directive against Transnet and (b) are the further relevant details of the directive?

Mrs A T Lovemore (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

2046. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) Yes. (a) The main thrust of Transnet Limited's grounds of appeal is that they have complied with the pre-Directive issued on the 12 May 2009, in that they have removed the waste ore stored, from the premises during November 2009. Therefore there was no need for them to apply for the Section 20 permit, because the waste ore did not belong to them, but it was held on behalf of the client and it has since been removed from the premises. They further argue that the waste ore material should not be regarded as waste. With regard to the breach of the duty of care as contemplated in Section 28(1) of National Environmental Management Act, 1998 (NEMA) they allege that they have taken reasonable measures to minimise the harm to the surrounding environment by compiling an Environmental Management Plan and Environmental Implementation Plan. (b) There is no internal appeal possible against this directive. The Minister is not competent in terms of Section 43(1) of NEMA to consider this appeal because the directive was issued by the Director–General who has not acted under delegated authority.

(2) Various timeframes have been set in the directive. Officials in our compliance monitoring unit are closely monitoring compliance with the instructions in the directive. At date of responding to this query, Transnet is in compliance with the relevant instructions in the directive. A copy of the directive is attached hereto for your information and to provide the details requested (paragraph 50 contains the specific instructions with the timeframes).

QUESTION NO. 2045.

INTERNAL QUESTION PAPER NO. 19 NW2440E

DATE OF PUBLICATION: 06 August 2010

Mrs A T Lovemore (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether environmental courts have been (a) established and (b) are operational; if not, why not in each case; if so, (i) where are these courts located, (ii) what is the area of jurisdiction of each court and (iii) what is the ambit of cases that these courts are mandated to deal with;

(2) whether training in environmental legislation has been presented to members of the (a) SA Police Service, (b) National Prosecuting Authority and (c) judiciary; if so, what are the relevant details of this training; why not,

(3) whether such training will be carried out; if not, why not; if so, when?

Mrs A T Lovemore (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

2045. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

1(a) No environmental courts are operational at present;

(b) After having conducted a series of stakeholder workshops regarding the feasibility of the implementation of dedicated environmental courts, the Department of Environmental Affairs, in consultation with the Department of Justice & Constitutional Development, have amended the original proposal for the establishment of dedicated environmental courts. In order to amplify the positive effects of the launch of the dedicated environmental courts, it is now proposed to take place within a broader message that will include multiple projects which can highlight the impact of a dedicated environmental court, including the launch of the blue scorpions, the launch of the national wildlife crime reaction unit, collaborative criminal investigations with other law enforcement agencies and the launch of the magistrates' bench book on environmental crime.

(i) In terms of the abovementioned proposal, the courts are to be located in Hermanus and Nelspruit.

(ii) The proposed jurisdiction of the courts are to be regional magistrates courts, thus having jurisdiction to hear crimes committed across the province.

(iii) The proposed scope of cases to be heard by these courts includes contraventions of national and provincial environmental legislation, as well as national legislation falling under the mandate of the Department of Water Affairs.

2(a) The South African Police Services (SAPS) Organised Crime Unit have, over the past couple of years, sent ad hoc requests to the Environmental Management Inspectorate for training on environmental crimes that involve organised crime elements.

(b)&(c) Since 2005, the Department of Environmental Affairs (DEA), in conjunction with the Department of Justice & Constitutional Developments' Justice College, have been involved in a collaborative project to develop and roll-out a training/awareness-raising workshop for magistrates and prosecutors on the nature, scope and impacts of environmental crime. The main objective of this programme is to raise the awareness and competency of both magistrates and prosecutors in the adjudication and prosecution of environmental crime and to make court officials aware of the legislation as well as the practical challenges faced by environmental enforcement officials. To date, approximately 250 magistrates and 450 prosecutors have undergone a week-long session with expert presenters sourced primarily from the respective Environmental Management Inspectorate (EMI) institutions. Details of these courses are available in the annual training programme of Justice College.

3. DEA has also developed and distributed a prosecutors' guide on environmental crime, with an updated second edition in the process of being compiled. In addition, DEA has recently completed the publication of a magistrates' bench book on environmental crime, which is scheduled to be launched at the same time as the dedicated environmental courts.

QUESTION NO 2035

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 06 AUGUST 2010

(INTERNAL QUESTION PAPER NO. 19)

2035. Mrs H N Ndude (Cope) to ask the Minister of Water and Environmental Affairs:

Whether the Department did monthly PFMA checks to ascertain that all departmental expenditures were in strict conformity with its provisions, if not why not, if so, (a) Why were the irregular acts of a certain person (name furnished) undetected over a long period of time, (b) what reasons were given by the internal auditors for not detecting this transgression of the Public Finance Management Act, Act 1 of 1999, and (c) what steps have been taken to (i) solve this situation and (ii) bring all transgressors to book? NW2374E

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REPLY:

Yes, my Department has been submitting monthly expenditure information as required. The Information submitted is, however, on an overall level. Compliance with the provisions of the PFMA on a transactional level is embedded in the supply chain management processes. The procurement system is designed in a manner that enables the different role players in the procurement and payment process to check conformity with the relevant provisions of the PFMA subject to certain exemptions that call for deviation from the laid down supply chain processes.

(a) Treasury Regulation paragraph16A6.4 permits that if in a specific case it is impractical to invite competitive bids, the accounting officer or accounting authority may procure the required goods or services by other means, provided that the reasons for deviating from inviting competitive bids must be recorded and approved by the accounting officer or accounting authority.

Practice note no 6 of 2007/2008 indicates that accounting officers and accounting authorities are required to report within ten (10) working days to the relevant treasury and the Auditor-General, all cases where goods and services above the value of R 1 million (VAT included) were procured in terms of Treasury Regulation 16A6.4.

The report that gave rise to the question refers to about 5 contracts on which procurement was made in terms of Treasury Regulation paragraph16A6.4 and therefore these were not irregular expenditure and the necessary reporting was done to the National Treasury as per requirement of Supply Chain Management (SCM) practice note (Practice note no 6 of 2007/2008).

(b) The incidents referred to occurred between June 2008 and February 2009. During this period there was an audit plan, however it did not cover this set of transactions. Internal Audit's function was enhanced with the appointment of a Chief Director, three (3) directors and twenty five (25) officials during 2009/10 financial year and can on regular basis carryout regular reviews of selected service providers.

(c)(i) In accordance with the Treasury Regulation: 4.1.3, if an accounting officer is alleged to have committed financial misconduct, the relevant treasury, as soon as it becomes aware of the alleged misconduct, must ensure that the relevant executive authority initiates an investigation into the matter and if the allegations are confirmed, holds a disciplinary hearing in accordance with the prescripts applicable and agreements applicable in the public service.

(c)(ii) In this case the investigation has been concluded and the disciplinary processes are in progress.

QUESTION NO. 2031.

INTERNAL QUESTION PAPER NO. 19 NW2370E

DATE OF PUBLICATION: 06 August 2010

Mrs H N Ndude (Cope) to ask the Minister of Water and Environmental Affairs:

What measures has she taken to avoid the climatic catastrophe arising from global warming?

Mrs H N Ndude (Cope) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

2031. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

Firstly, Global Warming is one of the most important threats to our future. The Intergovernmental Panel on Climate Change (IPCC) has stated that the possible serious impacts of the manmade greenhouse effect, and the first binding international treaty to reduce Greenhouse Gases were signed in Kyoto in December 2007. However, a lot of uncertainty is attached to the problem of global warming and one important uncertainty aspect concerns climate catastrophes. The possibilities of catastrophic outcomes of global warming cannot be excluded. Climate catastrophes may hit both nationally, regionally and globally.

South Africa has developed different interventions in order to counteract the climatic catastrophic, for example, there has been stringent measures on the type of fuel being used, and gradual transition toward low carbon technology. It is important to note that South African government takes climate change issues seriously much more than some of the developed countries. As result of that government has developed or is developing a number of policies/strategies designed to cut the emissions intensity of electricity, transport, however, the expansion or growing of economy, population, urban development is swamping all attempts at constraining some of the country's ambitions.

Some of the initiatives undertaken by the South African government:

In response to the findings of the IPCC's 2nd Assessment Report and supported by recommendations from the NCCC, the South African Government ratified the UNFCCC in August 1997. The 3rd IPCC Assessment Report in 2001 gave further scientific certainty that climate change was indeed largely caused by human activity and provided impetus for the further development and operationalisation of the Kyoto Protocol, that finally came into force in 2005. By 2001, South African researchers had also started taking a serious look at climate change and its implications. Arguably, climate change took a jump up the South African political agenda when, in 2002 the Heads of State of over 180 countries met at the World Summit on Sustainable Development in Johannesburg. In July of 2002 the South African Government acceded to the Kyoto Protocol. By 2003, South Africa had concluded its Climate Change "Country Studies" and 1990 and 1994 greenhouse gas inventories and had submitted these in the form of its Initial Communication to the UNFCCC Secretariat. In compiling and finalising this briefing document on South Africa and climate change, it became clear that South Africa was not only a potentially significant victim of the negative impacts of climate change, but also a significant contributor to greenhouse gases. Given this difficult position of both climate change victim and perpetrator, South Africa's negotiation efforts were seen to go up several notches at this time resulting in comments that South Africa "punches above its weight" in the climate change negotiations. By 2005, based on evidence from the 3rd IPCC Assessment Report and new emerging science, it was increasingly clear that the measures agreed to in the UNFCCC and it's Kyoto Protocol were an inadequate international response to the threats posed by climate change. In particular since the legally binding provisions of the Kyoto Protocol only covered less than 40% of the world's GHG emissions. With the 3rd IPCC Assessment Report, it also became clear that South Africa, along with other more advanced developing countries (e.g. China, India, Brazil, Mexico, South Korea and Saudi Arabia), would have to start seriously considering its responsibility for climate change and, that, as a fossil-fuel-powered nation, this would have dramatic policy implications.

Important developments from 2005 to the present –

The National Climate Change Committee (NCCC) was established in 1994 – the year of South Africa's first democratic election. Since then, the NCCC has met over fifty six times since its inception and at its 56th meeting held on 15 February 2010, the key focus of discussions was, naturally, the outcome of the 15th Conference of the Parties to the United Nations Framework Convention on Climate Change held in Copenhagen in December 2009.The purpose of the NCCC is to advise and consult the Department of Environmental Affairs, through the department's Deputy Director-General for Environmental Quality and Protection, on matters relating to national responsibilities with respect to climate change, and in particular, in relation to the United Nations Framework Convention on Climate Change and the Kyoto protocol and the implementation of climate change related activities.

The functions of the NCCC include:

Setting its own agenda and timetable, within a framework determined by the Department of Environmental Affairs. Making recommendations to the Department of Environmental Affairs on issues related to climate change, and also to express the concerns of key stakeholders. Designing and participating in processes leading to the formulation of national climate change policies and a national implementation strategies. Proposing studies to be undertaken in support of national climate change policy development processes, their scope, timetable, budget and deadlines. Communicating developments within the national and international climate change arena to their constituencies. Delegating its functions and responsibilities to subcommittees, as needed. Assisting and/or informing a structured process of capacity building and technology transfer/development. Designing and participating in processes leading to the formulation of international positions for South at the UNFCCC negotiations, and forming part of the delegation at these negotiations.

The committee usually meets four times per year. Individual members are designated representatives from defined stakeholder groups involved in climate change and the NCCC is constituted of, at least two, but no more than five, representatives from each of the following stakeholder groups: National Government - Department of Environmental Affairs, Department of Mineral Resources, Department of Energy, Department of International relations and Cooperation, Department of Trade and Industry, Department of Water Affairs, Department of Agriculture, Forestry and Fisheries, Department of Sustainable Human Settlements, Department of Transport, Department of Science and Technology, National Treasury and the Presidency. Other spheres of government - Provincial environment departments, key municipalities (Metros). Non-governmental and community-based environmental organisations. Academic and research institutions; Business and Industry; The national energy utility, Eskom and Organised Labour (Trades Union).

The 2005 "Climate Action Now" Conference

From 17 to 20 October 2005, under the banner of "Climate Action Now", South Africans from all spheres of life came together in Midrand to address the growing challenge of climate change and to prepare for its implications. Over 600 representatives from government, business, the scientific and academic communities, and civil society considered the science relating to climate change and key responses to the potential social and economic impacts associated with the compelling scientific evidence of climate change.

The published undertakings by government describing a number of activities regarded as constituting the foundation of a Midrand Plan of Action was meant to lead the country's climate change programme into the future. These activities included:

· Ensuring the alignment, cohesion and coherence of government responses to climate change by coordinating and driving its climate change responses and interventions through the Inter-Ministerial Committee on Climate Change, its associated Inter-Departmental Committee and the multi-stakeholder National Committee on Climate Change;

· Continuing the review of the National Climate Change Response Strategy;

· Initiating a detailed scenario building process to map out how South Africa could meet its UNFCCC Article 2 commitment to greenhouse gas stabilisation whilst ensuring its focus on poverty alleviation and job creation;

· Initiating a participatory climate change policy development process;

· Using the Air Quality Act to regulate greenhouse gas emissions and encourage a move to cleaner production, including the setting of emission standards that encourage energy efficiency;

· Compiling sectoral action plans to implement the National Climate Change Response Strategy;

· Initiating a participatory national climate change research and development strategy development process that would coordinate and focus current research in a manner that delivers the critical mass of multi-disciplinary knowledge in focus areas while creating the opportunity to develop and retain human capital and research infrastructure;

· Driving increased research and innovation for the hydrogen economy using the research chairs programme and providing early demonstration of technologies for 2010;

· Strengthening the South African Environmental Observation Network (SAEON) to facilitate long term climate research and establishing a coordinating mechanism for South Africa's investment in earth observation as well as providing an interface with the Global Earth Observation System of Systems (GEOSS);

· Establishing the South African National Energy Research Institute (SANERI);

· Developing a technology needs assessment to frame a programme of action for technology transfer;

· Facilitating the development of clean technologies for climate change mitigation;

· Actively supporting the strengthening of the CDM, particularly a streamlined methodology review process and mechanisms to reduce transactions costs for smaller, bundled projects, during the COP/MOP in Montreal in November 2005, without reopening the Marrakech Accords;

· Ensuring that renewable energy and energy efficiency are included as viable alternatives to conventional fossil fuels in government's integrated energy planning process;

· Exploring new funding sources and mechanisms to support the rollout of renewable energy;

· Establishing the National Energy Efficiency Agency to coordinate public and private investment in energy efficiency;

· Considering climate change impacts in its water conservation and demand management initiatives;

· Reviewing and reassessing the ways in which South Africa operates its dams and quantifies the Ecological Reserve to account for a changing climate;

· Reviewing the details of water-sharing agreements in the light of new physical realities;

· Examining the design and implementation of the water allocation reform process to ensure that climate change considerations are taken into account;

· Designing and implementing an outreach strategy to create awareness of the implications of climate change among stakeholders and customers in the water sector;

· Ensuring that climate change considerations are included in the evaluation of new agricultural research and development projects;

· Reviewing and revising agricultural policy to ensure climate change resilience;

· Ensuring that climate change is fully considered and reflected in the four elements of agricultural early warning systems, including: prior risk knowledge; monitoring and warning services; dissemination of warnings/information; and response capacity.

The National Climate Change Response Policy

The Long Term Mitigation Scenarios (LTMS) conclusions and other climate change related submissions, were discussed and debated at the Cabinet Lekgotla and the following Cabinet decisions and/or policy directions were announced by the Minister of Environmental Affairs and Tourism on 29 July 2008.

Firstly, the Cabinet approved six broad policy directions themes to be addressed in a National Climate Change Response Policy:

Theme 1: GHG emission reductions and limits – under this theme climate change mitigation interventions should be informed by, and monitored and measured against a "peak, plateau and decline" emission trajectory where greenhouse gas emissions stop growing (start of plateau) in 2020-25 and begin declining in absolute terms (end of plateau) in 2030-35.

Theme 2: Build on, strengthen and/or scale up current initiatives – under this theme current energy efficiency and electricity demand-side management initiatives and interventions must be scaled-up and reinforced through available regulatory instruments and other appropriate mechanisms (made mandatory) and, based on the electricity-crisis response, government's energy efficiency policies and strategies must be continuously reviewed and amended to reflect more ambitious national targets aligned with the LTMS. In addition, Treasury will study a carbon tax in the range modelled by the LTMS, starting at low levels soon and escalating to higher levels by 2018/ 2020, with sensitivity to higher and lower tax levels, and report to Cabinet on its findings.

Theme 3: Implementing the "Business Unusual" Call for Action – under this theme the renewable energy sector is identified as a key "business unusual" growth sector and policies and measures are put in place to meet a more ambitious national target for renewable energy. In committing to national GHG emission limitation and reduction targets, government must promote the transition to a low-carbon economy and society and all policy and other decisions that may have an impact on South Africa's GHG emissions must take this commitment into regard. In addition, the transport sector is identified as another key "business unusual" growth sector and policies and measures are put in place to meet ambitious and mandatory national targets for the reduction of GHG emissions from this sector.

Theme 4: Preparing for the future – under this theme there is increased support for the new and ambitious research and development targets that are being set, especially in the field of carbon-friendly technologies – with the focus on the renewable energy and transport sectors. Formal and informal forms of education and outreach are used to encourage the behavioural changes required to support the efficient and effective implementation of the climate change response policy.

Theme 5: Vulnerability and Adaptation – under this theme South Africa continues to identify and describe its vulnerabilities to climate change, we describe and prioritise what adaptation interventions must be initiated, who should be driving these interventions and how implementation will be monitored and affected government departments will ensure that climate change adaptation in their sectors are included as departmental key performance areas.

Theme 6: Alignment, Coordination and Cooperation – under this final theme the roles and responsibilities of all stakeholders, particularly the organs of state in all three spheres of government, will be clearly defined and articulated, the structures required to ensure alignment, coordination and cooperation will be clearly defined and articulated and climate change response policies and measures are mainstreamed within existing alignment, coordination and cooperation structures.

Cabinet also approved, amongst others, the following key messages that reinforce or detail what needs to be included in the climate change response policy:

The Socio-economic transition – a transition to climate resilient and low-carbon economy and society that balances our mitigation and adaptation response and, in the long-term, redefining our competitive advantage and structurally transforming the economy by shifting from an energy-intensive to a climate-friendly path as part of a pro-growth, pro-development and pro-jobs strategy.

2°C - our climate response policy, built on the six pillars (themes) described above, will be informed by what is required by science – to limit global temperature increase to Below 2°C above pre-industrial levels.

Adapt to the inevitable - continue to pro-actively build the knowledge base and our capacity to adapt to the inevitable impacts of climate change, most importantly by enhancing early warning and disaster reduction systems and in the roll-out of basic services, infrastructure planning, agriculture, biodiversity, water resource management and in the health sector.

GHG Reduction and Limits - GHG emissions must peak, plateau and decline - stop growing at the latest by 2020-2025, stabilise for up to ten years, then decline in absolute terms.

6 Policy Themes - implementing policy under the six themes will lay the basis for measurable, reportable and verifiable domestic emission reduction and limitation outcomes.

Contribution to the global efforts - This would constitute a fair and meaningful contribution to the global efforts, demonstrating leadership in the multi-lateral system by committing to a "substantial deviation from baseline", enabled by international funding and technology.

Finally, the Minister described a number of "immediate mitigation tasks" including –

(a) Start Now based on accelerated energy efficiency and conservation across all sectors (industry, commerce, transport, residential – incl. more stringent building standards).

(b)Invest in Reach for the Goal by setting ambitious research & development targets focussing on carbon-friendly technologies, identifying new resources and affecting behavioural change.

(c) Combine regulatory mechanisms under Scale Up and economic instruments (taxes and incentives) under Use the Market with a view to -

(d)Mandatory energy efficiency targets – ambitious and mandatory (as distinct from voluntary) targets for energy efficiency and in other sub-national sectors. In the next few months each sector will be required to do work to enable it to decide on actions and targets in relation to this overall goal. Based on the electricity-crisis response, government's energy efficiency policies and strategies must be continuously reviewed and amended to reflect more ambitious national targets aligned with the LTMS.

(e)Economic Instruments - Increasing the price on carbon through an escalating CO2 tax, or alternative market mechanism.

(f)Favouring energy-efficient industry - Introducing industrial policy that favours sectors using less energy per unit of economic output and building domestic industries in these emerging sectors.

(g) Promoting carbon capture and storage - Exploring and developing carbon capture and storage (CCS) for coal fired power stations and all coal-to-liquid (CTL) plants, and not approving new coal fired power stations without carbon capture readiness.

(h)Diversifying the energy mix and laying the basis for a net zero-carbon electricity sector in the long term. Diversifying the energy mix away from coal whilst shifting to cleaner coal, e.g. by introducing more stringent thermal efficiency and emissions standards for coal fired power stations. Setting similar targets for electricity generated from both renewable and nuclear energy sources by the end of the next two decades. Incentivising renewable energy through feed-in tariffs.

(i)Reducing transport emissions - Setting ambitious and where appropriate mandatory national targets for the reduction of transport emissions, including through stringent and escalating fuel efficiency standards, facilitating passenger modal shifts towards public transport and the aggressive promotion of hybrids and electric vehicles.

The 2009 Climate Change Summit

From 3-6 March 2009, South Africans from all spheres of life again came together in Midrand to initiate a consultative process to develop the South African Climate Change Response Policy. During the Climate Change Summit 2009, nearly 900 representatives from government, business, the scientific and academic communities, and civil society and over 150 "virtual participants" linked through the Internet – considered the Intergovernmental Panel on Climate Change's 4th Assessment Report and more recent international and local science relating to climate change,

(1) Discussed and debated the potential social and economic vulnerabilities and impacts associated with the compelling scientific evidence of climate change;

(2) Discussed and debated the potential policy responses to these key vulnerabilities and impacts, in particular for the poor, women and youth,

(3) Discussed and debated the urgency of reducing greenhouse gas emissions internationally and locally as well as the costs of both action and inaction,

(4) Considered the outcomes of work done since the 2005 National Climate Change Conference, including the Long-Term Mitigation Scenarios (LTMS), the Climate Change R&D Strategy,

(5) The Technology Needs Assessment, the 2000 Greenhouse gas inventory and the initiation of the 2nd National Communication;

(6) Discussed and debated the international implications of South Africa's response in line with the need for the country to shoulder its fair share of responsibility as part of an effective global response; and

(7) Discussed and debated the process of developing an integrated, cohesive, coherent and effective National Climate Change Response Policy.

Since June 2009, the Department of Environmental Affairs together with other stakeholders has been championing National Climate Change Policy. It has been noted that Government at all levels is committed to improving its climate forecasting and early warning systems, and also conducting regular vulnerability assessments as a basis from which to be able to respond proactively to the risk posed by global warming. Different sectors such Agriculture, Biodiversity, Tourism, local government, Health, Forestry etc are at different stages of developing climate change adaptation plans. These plans are important for the sectors to be able to build climate resilience and improve the country's ability to respond to extreme weather events and climate linked disasters.

QUESTION NO 2023

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 30 JULY 2010

(INTERNAL QUESTION PAPER NO. 18)

2023. Mr G R Morgan (DA) to ask the Minister of Water and Environmental Affairs:

What are the (a)(i) names and (ii) locations of all mines that have had (aa) pre-directives, (bb) directives and (cc) criminal charges issued against them in terms of the National Water Act, Act 36 of 1998, and (b) in each case, what was the (i) reason for the action by her department and (ii) response from the mine in each year since 1 January 2008? NW2420E

REPLY:

(a)(i)

And

(a)(ii)(aa)(bb)(cc) Refer to column 1-5 of the attached Annexure A.

(b)(i) Refer to column 6 of the attached Annexure A.

(b)(ii) Refer to column 7 of the attached Annexure A.

QUESTION NO 2020

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 30 JULY 2010

(INTERNAL QUESTION PAPER NO. 18)

2020. Mrs S V Kalyan (DA) to ask the Minister of Water and Environmental Affairs:

(1) whether the (a) SamQuarz and (b) Stuart Coal mines in the Delmas area have water licences; if not, why not; if so, what are the relevant details;

(2) whether she has been informed that the water flowing in the Koffiespruit river downstream from the SamQuarz mine was white on 10 June 2010; if not, what is the position in this regard; if so, what are the relevant details;

(3) in respect of each of these mines, (a) what was the date of the last inspection to determine compliance with the relevant water laws and (b) what were the findings of the investigation;

(4) whether, with regard to the Stuart Coal mine, the operations of the mine have an effect on the adjacent wetland; if not, how was this conclusion reached; if so, what are the relevant details;

(5) whether any (a) pre-directives, (b) directives and (c) criminal charges have been laid against these mines for transgressions of water laws; if not, why not; if so, what are the relevant details? NW2417E

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REPLY:

(1)(a) No, the SamQuarz mine does not yet have a water use licence. However, it should be noted that in January 2010, my Department embarked on a project called Letsema to address the licence backlogs and SamQuarz is one of the water use licences which will be addressed during the project.

(1)(b) No, the Stuart Coal mine does not have a water use licence. However, the mine is in a process of finalising its Environmental Management Plan Report (EMPR) which is a requirement from the Department of Mineral Resources. As part of the approval process, my Department will provide comments on the EMPR and only upon approval of the EMPR can a water use license application process commence.

(2) No, my Department was not informed of any spill or pollution incident that took place on
10 June 2010. As a general requirement, all mines are obliged to inform the relevant departments within 24 hours of occurrence of a spillage. My Department will thus conduct an investigation to determine the possible impact posed by this incident.

(3)(a) My Department's last site inspection at SamQuarz mine took place on 11 July 2008 and at Stuart Coal mines on 5 November 2009.


(3)(b) With regard to SamQuarz Mine, it was noted that the mine is engaging in the following water use in terms of the section 21 of the National Water Act, 1998 (Act No 36 of 1998):

· section 21 (a): taking water from a water resources (boreholes)

· section 21 (b): storing water in JOJO tanks

· section 21 (c): impeding or diverting the flow of a watercourse and section 21(i) altering the bed, banks, course or characteristic of a watercourse (mine access road)

· section 21(g): disposing of waste in a manner which may detrimentally impact on a water resource (for the wastewater dams and the French drains and septic tanks)

· section 21 (j): removing, discharging or disposing of water found underground if it is necessary for the efficient continuation on an activity or for the safety of people (dewatering of the mine pit)

With regard to Stuart Coal Mine, it was noted that the mine is engaging in the following water use in terms of the section 21 of the National Water Act, 1998 (Act No 36 of 1998):

· section 21(a): taking of water from a water resource (borehole)

· section 21 (b): storing water in JOJO tanks

· section 21(c): impeding or diverting the flow of a watercourse and section 21(i) altering the bed, banks, course or characteristic of a watercourse (for mine operation adjacent a wetland and for the wetland delineation)

· section 21(g): disposing of waste in a manner which may detrimentally impact on a water resource (for the pollution control dams)

(4) The Wetland Delineation Study has been conducted by the mine and forms part of the final EMPR which will be evaluated by my Department to determine if proposed mitigation measures are adequate to prevent the impact of the water resource. Once the report has been evaluated, then my Department will be in a position to make an informed decision if whether Stuart Coal Mine operation has an effect on the adjacent wetland.

(5) No, there has been no (a) pre-directives, (b) directives and (c) criminal charges laid against these mines due to the fact that various administrative processes are underway as indicated in (1)(a) and (1)(b) to ensure compliance.

QUESTION NO 2003

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 30 JULY 2010

(INTERNAL QUESTION PAPER NO. 18)

2003. Mrs A T Lovemore (DA) to ask the Minister of Water and Environmental Affairs:

(1) whether, with reference to her reply to question 1276 on 20 May 2010, her department has undertaken further inspections to ensure that sand mining in the Mogol River in Limpopo does not have a detrimental impact on the water use or land of other users; if not, why not; if so, (a) what are the (i) details and (ii) outcomes of these inspections and (b) what action has been taken to ensure compliance;

(2) whether her department has liased with the Mokolo Irrigation Board on the issue of sand mining in the Mogol River; if not, why not; if so, what are the details of the interactions and the outcomes thereof;

(3) whether her department has verified the existence of valid mining permits in terms of the Mineral and Petroleum Resources Development Act, Act 28 of 2002; if not, why not; if so, what are the relevant details? NW2400E

---00O00---

REPLY:

(1)(a)(i) Yes, my Department has conducted two site inspections on 02 June 2010 and 19 July 2010.

(ii) During the two inspections indicated in (1)(a)(i) above, no non-compliance issues were detected.

(b) Falls away.

(2) Yes, my Department conducted stakeholder engagement meetings with representatives of Mokolo Irrigation Board and the broader farming community in December 2009 and March 2010. Furthermore, the company which supplies sand to the Medupi Power Station has hired an expert to conduct ongoing impact study on the Mokolo River as a result of the sand mining activity.

(3) Yes, my Department's Regional Office: Limpopo has with the assistance of the Department of Mineral Resources verified the existence and validity of the mining permits of the three known sand mining sites in the Mokolo River.

QUESTION NO 2002

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 30 JULY 2010

(INTERNAL QUESTION PAPER NO. 18)

2002. Mrs A T Lovemore (DA) to ask the Minister of Water and Environmental Affairs:

(1) (a) Which dams are considered at risk or are experiencing eutrophication as a result of high phosphate loads entering the impoundments, (b) what negative effects of such eutrophication have been experienced and (c) what costs have been incurred in countering the negative effects for each affected impoundment;

(2) whether she has taken any action with a view to make the reduction of the phosphate content of (a) soaps, (b) detergents and (c) any other pollutants compulsory; if not, why not; if so, what (i) action and (ii) impediments to reduction have been encountered;

(3) whether she intends introducing legislation on the standards for the phosphate content of any other pollutants than soap and detergents; if not, why not; if so, when? NW2399E

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REPLY:

(1)(a) Crocodile West-Marico Water Management Area (WMA) has a number of dams experiencing eutrophication (eutrophic to hypertrophic) and others indicate serious eutrophication potential relative to other water management areas. Below are lists of the dams:

Crocodile West-Marico Water Management Area:

· Hartebeespoort dam (hypertrophic)

· Roodeplaat dam (hypertrophic)

· Rietvlei dam (eutrophic)

· Klipvoor dam (eutrophic

· Bospoort dam (serious eutrophication potential)

· Bon Accord dam (serious eutrophication potential)

· Moroka dam (serious eutrophication potential)

Middle Vaal water management area

· Erfenis dam (serious eutrophication potential)

· Allemanskraal dam (serious eutrophication potential)

· Koppies dam (serious eutrophication potential)

Lower Vaal water management area

· Spitskop dam (eutrophic)

· Krugersdrift dam (serious eutrophication potential)

Mvoti to Umzimkulu water management area

· Shongweni dam (eutrophic)

· Nagle dam (serious eutrophication potential)

· Inanda dam (serious eutrophication potential)

Mzimvubu to Keiskamma water management area

· Laing dam (serious eutrophication potential)

· Katriver dam (serious eutrophication potential)

· Nahoon dam (serious eutrophication potential)

· Bridledrift dam (serious eutrophication potential)

-2-

(1)(b) The major negative effects include prolific growth of algae (algal blooms) and aquatic plants (i.e. water hyacinth). These affect the water quality and can result in unpleasant odours, as well as the production of toxins that can affect water purification processes and recreational activities.

(1)(c) A number of initiatives funded by different stakeholders including my Department have been put in place to develop in-lake eutrophication or nutrient enrichment management.

· Harties Metsi-a Me Project (Hartebeespoort dam) is an over-arching project that looks at a wide variety of short-term and long-term methods to control the eutrophication status of the Hartebeespoort Dam. The main contributor to this project is the Rand Water Board, which funded an amount of R8.1 million over the last four years towards eutrophication control. Residents and other stakeholders around the dam contributed approximately R5.2 million for the last two financial years. In addition, international donors donated R6.2 million towards the project.

· Tshwane Metropolitan Council funded the acquisition and installation of six (6) Solar-Bee's pump stations in Rietvlei dam (11 July 2008). Solar-bee, a long distance circulation pump system, is a step towards finding solutions to in-lake eutrophication. The exact cost can be obtained from Tshwane Metropolitan Council, but the estimated saving on water treatment since installation of the Solar Bee's is around R590 000 per year.

· The Water Research Council (WRC) has funded a number of eutrophication management studies. My Department is involved on a technical and supporting basis in these projects i.e.

1. Biomanipulation Project: to determine the potential impact of fish-harvesting on improving eutrophication conditions

2. Removal of Phosphorus from Soaps, investigating the positive and negative consequences of the introduction of low-phosphate detergents (Project K5/1768) – cost of R689 200.

3. Cyanobacterial-focused projects: the latest is the investigation of the toxicity of the Kruger National Park (Project K5/1850). The main aim of this project is to generate information on the extent to which cyanobacteria and their toxins may affect wildlife in the National Park – cost of R395 000.

(2)(a)

and

(2)(b) Yes. Studies were done by the WRC and have shown that 30-50% of the total phosphorus loading in Wastewater Treatment Plants (WWTP) comes from soaps and/or detergents. At the moment the removal cost of phosphorus in these detergents is very high, which will make the final product expensive to poor communities. However, other possible and more viable solutions to reduce phosphate loading in catchments include improved technology for phosphate removal in WWTPs, incentives and/or penalties for relevant industries, as well as the development and enforcement of a lower phosphate standard.

(2)(c) The other major source of phosphorus loading in our water resources comes from the agricultural sector due to the use of fertilizers for crop farming. Although there is no doubt about the economic benefit of the agricultural sector to the country, better agricultural practices need to be encouraged to prevent excess fertilizers and phosphorus-containing manure from reaching our water resources.

(3) As part of the legislative review process initiated by my Department, this could be considered.

QUESTION NO. 2001

INTERNAL QUESTION PAPER NO. 18 NW2398E

DATE OF PUBLICATION: 30 July 2010

Mrs A T Lovemore (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether, with reference to the recent spate of discoveries of illegally disposed health care risk waste, her department has implemented any measures to assist provincial health departments to (a) monitor disposal of health care risk waste and (b) ensure that correct disposal procedures are followed; if not, why not; if so, what are the relevant details;

(2) whether her department currently collaborates with the national Department of Health to ensure correct disposal of health care risk waste; if not, why not if so, what are the relevant details;

(3) (a) which provinces have (i) included and (ii) not included the management of health care risk waste in their integrated waste management plans and (b) what steps will be taken regarding provinces that have omitted to include the management of health care risk waste in their integrated waste management plans;

(4) whether the provinces that included the management of health care risk waste have addressed the management required adequately; if not, (a) what inadequacies have been identified in the plans and (b) what steps will be taken to address these inadequacies;

(5) (a) what timeline is attached to the implementation of the National Waste Management Strategy, with particular reference to health care risk waste management, subsequent to the deadline for public comment and (b) how will her department promote the provision of health care risk waste facilities by the private sector as described in the draft National Waste Management Strategy?

Mrs A T Lovemore (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

2001. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1)(a) With respect to the Department liaising with Provinces on the management of health care risk waste (HCRW), please note that the Department has developed a contingency plan for the management of HCRW in partnership with Provincial Departments. In addition there is ongoing interaction with Provinces on HCRW through the Working Group Structure.

(b) With respect to the correct disposal procedures to be followed when disposing of HCRW, the Department of Environmental Affairs is currently developing Health Care Risk Waste (HCRW) regulations and Waste Classification and Management Regulations which identify the labelling requirements for HCRW in transit, requires that a waste manifest system be in place when transporting hazardous waste including HCRW and stipulates the reporting requirement which will close the loop between monitoring the collection and disposal of all hazardous waste.

(2) The Department of Environmental Affairs is working in consultation with the Department of Health with respect to the management of HCRW. All initiatives are being undertaken in partnership between the two Departments.

(3)(a) It is not expected that the development of Provincial Integrated Waste Management Plan (IWMPs) will commence before the Municipal IWMPs have been developed and approved as much of the information which is required in the Provincial IWMPs will be will be sourced from Municipalities. In order to ensure that all relevant information required will be submitted, the Department is currently developing a guideline for the development of IWMPs. However, it would be anticipated that HCRW would be included as the current Act indicates that quantities and types of waste generated in the Province are to be included. In the instances where information required is not provided in the IWMPs it is anticipated that they will be returned for correction.

(4)(a) HCRW is classified as a hazardous waste. The authorisation of activities involving hazardous waste is a national function. Currently there is a systematic process being undertaken at the national level to develop a vigorous legislative framework for the management of HCRW. This framework includes the finalisation of the Waste Information Regulations which will collect the information required by Provinces and National to manage all waste streams in a sustainable manner; the finalisation of Waste Classification and Management Regulations and the finalisation of HCRW regulations which have been discussed above. With respect to the IWMPs being adequate it has been acknowledged that information on waste management is lacking and therefore any IWMP being generated by Provinces would currently have inadequate information on waste generated and the potential for treatment and disposal of waste streams. This matter will however be addressed in the medium term.

(b) As a corrective measure to the inadequacy of waste information received the Waste Information Regulations will be finalised this year and the HCRW regulations will also be finalised which will assist which the management of the HCRW stream.

(5)(a) The National Waste Management Strategy is still in a draft form, therefore activities and timeframes related to the management of HCRW are still being discussed and finalised.

(b) The Department has developed a "National Policy on Thermal Treatment of General and Hazardous Waste". This policy has indicated that the thermal treatment of hazardous waste is an acceptable waste management option. Policy direction promotes the development of technology. In addition the Waste Classification and Management Regulations indicate wastes that are to be diverted from landfill and provides a timeframe in which to achieve this diversion. This again provides certainty to the private sector and allows the development of waste management technologies which could include technologies which could treat both hazardous and HCRW.

QUESTION NO 1998

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 30 JULY 2010

(INTERNAL QUESTION PAPER NO. 18)

1998. Mr G R Morgan (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether, with reference to mines operating without valid water licences, there are any established standards applicable to these mines pertaining to the discharge of mine water; if not, why not; if so, what are the relevant details;

(2) what regulations would her enforcement officers use when (a) issuing directives or (b) bringing criminal charges against mines operating without valid water licences;

(3) (a) what are the (i) names and (ii) locations of mines operating without a valid water licence that have had (aa) pre-directives issued, (bb) directives issued or (cc) criminal charges brought against them since 1 July 2009 and (b) why are pre-directives, directives or criminal charges not automatically issued/brought against these mines once her department becomes aware of the situation;

(4) whether she has any intention to seek an amendment to the National Water Act, Act 36 of 1998, in order to strengthen its provisions relating to mine water; if not, why not; if so, what are the relevant details? NW2395E

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REPLY:

(1) The National Water Act (NWA) specifically introduced the principle of "classifying water resources" as well as setting "resource quality objectives" where the quality of the discharge allowed for a certain mine will depend on the characteristics and other details of a specific water source. In addition the current water legislation clearly sets out applicable principles with regard to prevention and remedying effects of pollution (Section 19 of the National Water Act, 1998(Act 36 of 1998) (NWA)) and also the control of emergency situation (Section 20 of NWA). These provisions are the most appropriate in addressing the discharge of mine water. In addition, section 7 of Government Notice 704 of 1999 (Vol. 408, No. 20119) (Regulation on use of water for mining and related activities) also provides that any person in control of the mine must take reasonable measures to prevent water containing waste or any substance which causes or is likely to cause pollution of a water resource from entering any water resource, either by natural flow or by seepage, and must retain or collect such substance or water containing waste for use, re-use, evaporation or for purification and disposal in terms of the Act.

(2)(a) Enforcement officers issue directives as mandated by and according to the related sections in the NWA and specifically sections 19, 20, 53 and 118. There is no need for regulations relating to these sections.

(2)(b) Enforcement officers bringing criminal charges against mines make use of the regulations published in Government Notice 704 of 1999 (Vol. 408, No. 20119) (Regulation on use of water for mining and related activities). These regulations are aimed at protection of water resources and clearly stipulate in regulation 14 the offences and penalties that can be imposed on all water users. These regulations are applied in conjunction with section 151 of the NWA which clearly sets out the offences that one can be charged with if water related crimes are committed.

(3)(a)(i)Refer to table below.

Number

(i) Name of Mine

(ii) Location of Mine

Status

(cc) Criminal

(aa) Pre-Directive

(bb) Directive

1.

Total Coal

Mpumalanga

Yes

No

No

2.

Arnot Coal

Mpumalanga

Yes

Yes

No

3.

Leeuwpan Colliery

Mpumalanga

Yes

Yes

No

4.

Throncliff Mine

Mpumalanga

No

Yes

No

5.

Barberton Mine

Mpumalanga

Yes

No

No

6.

Doornrug Mine

Mpumalanga

Yes

No

No

7.

Foskor Mine

Mpumalanga

Yes

Yes

No

8.

Izinyoni Trading

Mpumalanga

Yes

No

No

9.

Jagtlus Colliery

Mpumalanga

Yes

Yes

No

10.

Lydenburg Construction

Mpumalanga

Yes

No

No

11.

West Coal

Mpumalanga

Yes

No

No

12.

Umcebo Grootpan Colliery

Mpumalanga

Yes

No

No

13.

Eastside Colliery

Mpumalanga

Yes

No

No

TOTAL = 13

12

5

0

(3)(b) Pre-directives, directives or criminal charges cannot automatically be issued due to the variance in technical nature, different processes involved as well as the complexity of each case. There will always remain a high degree of professional judgement required by the DWA officials. It can happen that High Court Orders and civil claims for compensation be lodged against DWA for irresponsible directives and criminal actions. Enforcement officers cannot do without the necessary detail technical investigations to ascertain the extent of any transgression. This is also essential to ensure that due process is followed to avoid technicalities that could potentially compromise the case.

(4) Yes, I have requested the my Department to look at a possible amendment of the NWA and this may include its provisions relating to mine water. As the process has only just started it is premature to discuss the relevant details. However, in February 2010 officials of my Department started a process relating to the review of the current regulations and this process plans to deliver by mid 2011 an updates set of regulations. (GN 704: "regulations on use of water for mining and related activities aimed at the protection of water resources").

QUESTION NO. 1997

INTERNAL QUESTION PAPER NO. 18 NW2394E

DATE OF PUBLICATION: 30 July 2010

1997. Mr M J Ellis (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether, she has been informed that the flight paths of the King Shaka International airport that are being implemented by Air Traffic and Navigation Services deviates significantly from conditions in the Record of Decision (ROD) granted for the construction of the airport and the environmental impact assessment completed for the development; if so, what steps will be taken to remedy the situation; if not,

(2) whether she will investigate the matter; if not, why not; if so, what are the relevant details?

Mr M J Ellis (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

1997. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) The Department of Environmental Affairs has been informed about the changes in the flight paths of the King Shaka International Airport (KSIA). According to the information provided, the flight path changes will impact on fewer sensitive receptors and the 55dBA (LRdn) area will be reduced in size. In addition, the Environmental Authorisation (EA) issued on 29 October 2008 for the establishment of the KSIA, contains no specific reference or condition regarding flight paths and therefore changes in flight paths does not constitute non-compliance with any conditions in the EA.

(2) No further investigation will be undertaken as explained above.

QUESTION NO 1978

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 30 JULY 2010

(INTERNAL QUESTION PAPER NO. 18)

1978. Mrs H N Ndude (Cope) to ask the Minister of Water and Environmental Affairs:

Whether her department has put measures in place to deal with the problem of highly acidic mine water rising to the surface in Johannesburg and other cities on the Reef; if not, why not; if so, what measures? NW2367E

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REPLY:

Yes, my Department has engaged the relevant mines in order to seek for short, medium and long term solutions. Although the medium and long term solutions have not been finalised, the plans for the short term (interim) solution to prevent the mine water rising above a level that would be detrimental to the environment, as well as to secure gold reserves are being considered for implementation. It is envisaged that a pump station will be built and that an existing treatment plant will be refurbished to treat the mine water to an acceptable standard for discharge into the Klip River, as had been done before mining operations ceased in the area in October 2008.

Following recent statements by Cabinet, I was mandated to urgently convene a special task team to develop a clear and coordinated strategy to deal with the matter, an Inter Ministerial Committee compromising the Ministers of Finance, Mineral Resources, Science and Technology, Cooperative Governance and Traditional Affairs and the Minister in the Presidency: National Planning Commission, is in the process of being established.

QUESTION NO. 1958

INTERNAL QUESTION PAPER NO. 17 NW2346E

DATE OF PUBLICATION: 26 July 2010

Mr J J Mc Gluwa (ID) to ask the Minister of Water and Environmental Affairs:

(1) Whether her department has brought charges against a certain company for environmental transgressions (details furnished); if not, why not; if so,

(2) whether its directors will be charged; if not, why not; if so, which directors;

(3) whether the directors of two other companies (names furnished) will also be charged; if not, why not; if so, what are the relevant details in each case?

Mr J J Mc Gluwa (ID) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

1958. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

1) Yes, DEA initiated a criminal investigation in relation to the Thermopower facility in Olifantsfontein, Gauteng. This investigation was in respect of the company's failure in 2007 to comply with the conditions of the environmental authorisation (section 24F of the National Environmental Management Act) and failure to comply with the conditions of the waste permit (section 29(4) of the Environment Conservation Act). The case has been postponed to 1 September 2010. Thermopower has been given an opportunity to make representations to the Director of Public Prosecutions as to why the case should be withdrawn.

2) The charges are against the company itself, Thermopower Processing Technology (Pty) Ltd which is represented by Dr Christos Eleftheriades, in his capacity as a Director. Directors have not been charged in their personal capacities as there is no evidence to prove that they were personally involved in the commission of the offences.

3) These companies have not been charged as there is no evidence that links them to the commission of the offences to which this case relates.

QUESTION NO. 1957

INTERNAL QUESTION PAPER NO. 17 NW2345E

DATE OF PUBLICATION: 26 July 2010

Mr G R Morgan (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether she will institute an investigation into (a) the reasons for the escalation in rhino poaching since the beginning of the year and (b) whether current measures to curb poaching are sufficient; if not, why not, in each case; if so, what are the relevant details in each case;

(2) (a) how many (i) black rhinos and (ii) white rhinos were killed by poachers since 1 January 2010 and (b) where did each poaching incident occur;

(3) whether there have been any recent successes in catching poachers and prosecuting them; if not, why not; if so, what are the relevant details;

(4) whether she will institute any new measures to curb poaching; if not, why not; if so, what are the relevant details;

(5) whether she will request any further assistance from the SA National Defence Force in anti-poaching initiatives; if not, why not; if so, what are the relevant details?

Mr G R Morgan (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

1957. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) (a) I will not institute an investigation into the reasons for the escalation in rhino poaching since the beginning of the year.

(b) Current measures to curb poaching are not sufficient therefore I requested senior managers from the South African Police Service (SAPS), Members of the Executive Council (MECs) of provincial conservation authorities and the Chief Executive Officer of the South African National Parks (SANParks) to second investigation officers currently working on the rhino cases, to an Interim National Wildlife Crime Reaction Unit (NWCRU). This Unit will be coordinated from the Department of Environmental Affairs and will investigate the illegal killing of rhinos and the smuggling of rhino horns.

(2) (a) (i) 5 Black rhinos, and

(ii) 134 white rhinos were illegally hunted from 1 January to 16 July 2010.

(b) The incidents took place in all provinces except Western Cape and occurred on private land (35), provincial reserves (43) and in Kruger National Park (61).

(3) There were recent successes where people were arrested in Kruger National Park and three people trying to exit the country with rhino horns in their personal luggage were arrested at OR Tambo International Airport. One of the three people was prosecuted and received a sentence of 10 years imprisonment without the choice of a fine.

(4) Apart from the interim NWCRU a new Directorate: Biodiversity Enforcement was established within the Department of Environmental Affairs to coordinate biodiversity enforcement in South Africa. Officials in the above mentioned Directorate will assist provincial conservation authorities and SANParks in, amongst others, capacity building, training and will monitor and enforce provisions of the Biodiversity Act and its related Regulations at ports of entry and exit. Detection of illegal import/export of wildlife and wildlife products will form an import part of this monitoring.

(5) The SA National Defence Force will assist with border control in Kruger National Park which will include among others, anti-poaching but I do not intend to request any further assistance from them.

QUESTION NO 1956

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 26 JULY 2010

(INTERNAL QUESTION PAPER NO. 17)

1956. Mr G R Morgan (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether, noting the Report of the Auditor General on an investigation into certain alleged procurement irregularities at the Department of Water Affairs, any similar investigation on procurement procedures for the time that a certain person (name furnished) spent as Director-General of her department will be instituted; if not, why not; if so, what are the relevant details;

(2) whether any steps have been taken to act on the recommendations in the Auditor-General's report; if not, why not; if so, what are the relevant details;

(3) whether any disciplinary action and criminal charges have been initiated against (a) the said person and (b) any other officials in the Department of Water Affairs based on the findings of the report;

(4) what has been the full cost of the salary paid to the said person since her suspension on 21 July 2009? NW2344E

---00O00---

REPLY:

(1) No, however the External Audit being conducted by the Auditor-General (AGSA) in terms of the regularity audit for the 2009/10 financial year is reviewing my Departments procurement procedures. The AGSA is also conducting a transversal performance audit on the use of consultants, contractors, agencies and outsource services.

(2) Yes, the recommendations contained in the Auditor General's report dated 16 March 2010 have formed the basis for disciplinary charges against the Director-General.

(3)(a) Refer to response in (2) above.

(3)(b) No.

(4) R1,3 m

QUESTION NO. 1914

INTERNAL QUESTION PAPER NO. 17 NW2301E

DATE OF PUBLICATION: 26 July 2010

Mr I M Ollis (DA) to ask the Minister of Water and Environmental Affairs:

(1) (a) What is the nature of the work that a certain company (name furnished) does for the SA Weather Service (SAWS) and (b) when was it first contracted to do work for SAWS;

(2) (a) what is the name and designation of each employee who was (i) recruited or (ii) seconded by the said company to work in SAWS and (b) what fees were paid to the said company for the services that each of these employees have rendered to SAWS;

(3) whether any (a) employees, (b) owners or (c) directors of the said company also work for the SAWS; if so, how is this justified in each case;

(4) whether any employee who had already been in the employ of SAWS was recruited by the said company for another position in SAWS during the period that the said company has been doing work for SAWS; if so, how is this justified?

Mr I M Ollis (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

1914. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) (a) The company provides recruitment services for SAWS.

(b) It was first contracted in December 2009.

(2) (a) Mr Sihle Sibiya: Senior Database Developer and Ms Zandile Mpondi: Personal Assistant to

General Manager: Human Capital Management.

(b) Fees paid to the company were R68, 658.04 for Senior Database Developer; and R43, 462.20 for

PA to General Manager: Human Capital Management.

(3) No employees, owners or directors of the said company also work for SAWS.

(4) No employee who had already been in the employ of SAWS was recruited by the said company for another position in SAWS during the period that the said company has been doing work for SAWS.

QUESTION NO. 1913

INTERNAL QUESTION PAPER NO. NW2300E

DATE OF PUBLICATION: 26 July 2010

Mr I M Ollis (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether, with reference to her reply to question 1876 on 24 June 2010, there have been any further meetings since 14 April 2010 between her and the Minister of Mineral Resources regarding (a) the granting of the mining right near Mapungubwe and (b) protocols on mining in sensitive areas; if not, why not; if so, what are the relevant details;

(2) Whether she has commissioned environmental management frameworks to determine the limits to mining in certain areas; if not, why not; if so, what are the relevant details in each case?

Mr I M Ollis (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

1913. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) (a) Yes, a meeting with the Minister of Mineral Resources was held on 21 June 2010 to discuss the following issues:

(i) the granting of mining rights at Mapungubwe;

(ii) the possibility of a site visit;

(iii) the alignment of the Mineral and Petroleum Resources Development Amendment Act and the National Environmental Management Act;

(iv) the response to UNESCO queries; and

(v) the establishment of a task team to deal with the abovementioned issues.

(b) No, a protocol for mining in sensitive areas was not discussed.

(2) The Minister and some provincial MECs, in concurrence with the Minister, have commissioned various Environmental Management Frameworks (EMFs) for areas where mining constitutes one of the development pressures. All EMFs commissioned their status as at 31 May 2010 and the relevance to mining pressure areas are summarised in Annexure A as attached. Included is the development of an EMF to address environmental challenges related to, amongst others, mining activities in and around the Mapungubwe World Heritage Site during the 2010/11 financial year. The appointment of the service provider for this EMF is expected to be finalized before 31 December 2010. It must however be emphasised that an EMF does not have the legal standing to limit or prohibit mining or any other development activity. Its purpose, based on the receiving environment, is to determine the desired future state of the environment; cumulative impacts and benefits and the resultant level of acceptable or desired change to the baseline, and to identify the environmental management zones within the study area. Environmental management zones are, inter alia, indicative of desirable and undesirable development activities and land uses and any application for a development activity will need to be measured against the EMF. Currently, in terms of the legislative framework, mining activities are only proactively and legally restricted in areas protected through section 48 of the National Environmental Management: Protected Areas Act, 2003, and areas identified and Gazetted by the Minister of Mineral Resources in terms of section 49 of the Mineral and Petroleum Resources Development Act, 2002 (the MPRDA). The Department is not aware of any area identified in terms of section 49 of the MPRDA.

QUESTION NO. 1912

INTERNAL QUESTION PAPER NO. 17 NW2299E

DATE OF PUBLICATION: July 2010

1912. Mr M J Ellis (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether she intends issuing regulations to govern the disposal of disposable nappies; if not, why not; if so, (a) what risks to the environment will be remedied by such regulations and (b) are the further relevant details;

(2) whether the disposal of used disposable nappies into general household waste is accepted practice; if not, why not? NW2299E

1912. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

1. The Minister does not intend to issue regulations to govern the disposal of sanitary waste which includes disposable nappies from the general public as there is no need for special management measures to be implemented for sanitary waste generated from a healthy population. The Health Care Risk Waste Regulations (HCRW), which will be completed for promulgation this year, will identify sanitary waste (including disposable nappies), generated at health care institutions as Health Care Risk Waste. The treatment of HCRW requires special management measures as this waste could pose risks as this waste is generated through the treatment of patients.

(a) No regulations will be implemented for disposable nappies from general public therefore there is no impact from such regulations.

(b) There are no further relevant details.

2. The disposal of used disposable nappies into the general waste stream is a generally accepted practice all over the world. The Department is not aware of any regulations which require separate disposal of nappies generated within households.

QUESTION NO. 1910

INTERNAL QUESTION PAPER NO. 17 NW2297E

DATE OF PUBLICATION: 26 July 2010

1910. Mr G R Morgan (DA) to ask the Minister of Water and Environmental Affairs:

(1) (a) What are the names of all the persons transferred from Marine and Coastal Management (MCM) to the Department of Environmental Affairs (DEA) following the transfer of the majority of the fisheries functions to the Department of Agriculture, Forestry and Fisheries on 1 April 2010 and (b) in each case, what (i) was their previous (aa) designation and (bb) annual salary in MCM and (ii) is their current (aa) designation, (bb) annual salary and (cc) job description at the DEA;

(2) whether she met with the Minister of Agriculture, Forestry and Fisheries to approve the transfer of the persons to the DEA; if not, why not; if so, what are the relevant details;

(3) whether the Deputy Director-General's salary is on the same scale as that of a Director-General; if not, what is the position in this regard; if so, how is this justified? NW2297E

1910. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) (a) The names of persons transferred from MCM to the DEA are:

Mr A Share, Mr S Mohamed, Mr A Naidoo, Mr Z Nqayi and Adv R Razack and Ms M Louw.

(b) (i) Details of (aa) previous designation and (bb) annual salaries in MCM are as follows:

NAME

DESIGNATION

ANNUAL SALARY

a)

Mr A Share

Chief Director: Resource Management

R 959 871

b)

Mr S Mohamed

Chief Financial Officer: MLRF

R 864 867

c)

Mr A Naidoo

Director : Research Support

R 672 297

d)

Mr Z Nqayi

Director : Communications

R 757 338

e)

Adv R Razack

Director : Legal Services

R 790 953

f)

Ms M Louw

Assistant Director: Administration

R 198 357

(ii) Details of their current (aa) designation and (aa) annual salary are as follows:

NAME

DESIGNATION

ANNUAL SALARY

a)

Mr A Share

Chief Director: Business Performance Management (Acting Chief Operating Officer)

R 959 871

b)

Mr S Mohamed

Chief Director : Strategic Support Services

R 864 867

c)

Mr A Naidoo

Director : Oceans Conservation

R 672 297

d)

Mr Z Nqayi

Director : Communications

R 757 338

e)

Adv R Razack

Director : Legal Services

R 790 953

f)

Ms M Louw

Assistant Director: Administration

R 201 333 ( Notch progression )

(ii) Details of their (cc) job description at the DEA;

NAME

JOB FUNCTIONS/ PURPOSE

Mr A Share

To coordinate and manage the strategic functions and operations of the Department.

Mr S Mohamed

To provide a strategic support service and financial governance to the Chief Financial Officer of the department. Provide overall management and leadership to the Chief Directorate and ensure compliance to National policies.

Mr A Naidoo

Provide overall strategic management and leadership to the Directorate and coordinate and conduct activities that supports the function of conservation of the oceans.

Mr Z Nqayi

To provide strategic and quality internal and external communication support services to the branch

Adv R Razack

To provide a high quality legal support service to the department. The Directorate supports the Branch by providing general legal advice, law reform initiatives and dealing with litigation.

Ms M Louw

Provide overall office administration and financial administration and procurement support services within the Branch: Oceans and Coasts.

(2) The Minister approved the transfers of staff in terms of Section 14 of the Public Service Act, 1994 (which deals with matters of transfers within the Public Service). At the time of the transfers, the officials concerned were still employees of the Department of Environmental Affairs and had not yet been transferred to the Department of Agriculture, Forestry and Fisheries. As a result there was no requirement, in terms of the above mentioned section of the Act, for the Minister of Water and Environmental Affairs to seek the approval of Minister of Agriculture, Forestry and Fisheries before effecting the transfers.

(3) The Deputy Director-General's salary is not on the same scale as that of a Director-General. The Deputy Director-General's salary is on level 15.

QUESTION NO 1904

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 26 JULY 2010

(INTERNAL QUESTION PAPER NO. 17)

1904. Mrs A T Lovemore (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether her department regularly monitors the quality of the water in the Swartkops River in the Eastern Cape; if so, what are (a) the details of the monitoring regime and (b) the results of analyses of samples taken since 1 January 2010; if not, (i) why not and (ii) who is responsible for such monitoring;

(2) whether her department has issued a directive in terms of section 19(3) of the National Water Act, Act 36 of 1998, in respect of the pollution of the Swartkops River; if not, why not; if so, (a) what are the details of the directive and (b) what action has been taken in response to the directive;

(3) whether her department intends prosecuting the Nelson Mandela Bay Municipality in terms of section 151 of the National Water Act, Act 36 of 1998; if not, why not; if so, what are the relevant details? NW2290E

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REPLY:

(1) Yes, my Department regularly monitors the quality of the water in the Swartkops River in the Eastern Cape.

(1)(a) My Department conducts monthly samples at the following identified points:

· Frans Claassen Bridge,

· Van Schalkwyk #1,

· Van Schalkwyk #2,

· Perseverance – Elands Avenue (old broken bridge),

· La Farge Quarry – in estuary; tidal reach,

· Redhouse at Girdlestone Road – in estuary, and

· Motherwell Canal – in estuary.

(1)(b) Refer to Annexure A reflecting the results of the samples taken since 1 January 2010.

(1)(b)(i) Falls away

(1)(b)(ii) Falls away

(2) No, my Department has not issued a directive in terms of section 19(3) of the National Water Act, 1998 (Act No 36 of 1998) in respect of the pollution of the Swartkops River as I have written to Nelson Mandela Bay Municipality (NMBM) in this regard who have committed to provide me with an action plan to address the challenges.

(2)(a) Falls away

(2)(b) Falls away

(3) No, my Department does not intend prosecuting the Nelson Mandela Bay Municipality in terms of section 151 of the National Water Act, 1998 (Act No 36 of 1998). It should be noted that in terms of the Enforcement Protocol, currently in progress with NMBM, my Department will only consider prosecution once all possible corrective measures and procedures have been exhausted.

QUESTION NO 1903

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 26 JULY 2010

(INTERNAL QUESTION PAPER NO. 17)

1903. Mrs A T Lovemore (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether her department regularly monitors the quality of the water in the Baakens River in the Eastern Cape; if so, what are (a) the details of the monitoring regime and (b) the results of analyses of samples taken since 1 January 2010; if not, (i) why not and (ii) who is responsible for such monitoring;

(2) whether her department has issued a directive in terms of section 19(3) of the National Water Act, Act 36 of 1998, in respect of the pollution of the Baakens River; if not, why not; if so, (a) what are the details of the directive and (b) what action has been taken in response to the directive;

(3) whether her department intends prosecuting the Nelson Mandela Bay Municipality in terms of section 151 of the National Water Act, Act 36 of 1998; if not, why not; if so, what are the relevant details? NW2289E

(1) Yes, my department regularly monitors the quality of the water in the Baakens River.

(a) My department conducts monthly samples at the following identified points:

· Tramway Building;

· Downstream of Brickmakerskloof Bridge

· Downstream Chelmsford Avenue Bridge (Targetkloof); and

· Downstream of third Avenue Bridge (Newton Park).

(b) Refer to Annexure A indicating the results of the samples taken since 1 January 2010.

(i) Falls away.

(ii) Falls away.

(2) No, my department has not issued a directive in terms of section 19(3) of the National Water Act, 1998 (Act No 36 of 1998) in respect of the pollution of the Baakens River. To this end, the following should be noted:

· Only two pollution-related complaints involving the Baakens River have been received by my department's Regional Office: Eastern Cape in 2010, which were subsequently attended to.

· There are no registered end-of-pipe waste dischargers (water services authority or industry) discharging at any point into the Baakens River.

· The Baakens River is a Nelson Mandela Bay Municipality (NMBM) 'Green Belt' managed water resource running through Port Elizabeth City and has little to no industrial activity adjacent to it, rather mainly commercial and residential properties.

(2) (a) Falls away.

(b) Falls away.

(3) No, my department does not intend prosecuting the Nelson Mandela Bay Municipality in terms of section 151 of the National Water Act, Act No 36 of 1998. It should be noted that in terms of the Enforcement Protocol, currently in progress with NMBM, my department will only consider prosecution once all possible corrective measures and procedures have been exhausted

QUESTION NO 1902

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 26 JULY 2010

(INTERNAL QUESTION PAPER NO. 17)

1902. Mrs A T Lovemore (DA) to ask the Minister of Water and Environmental Affairs:

(1) What (a) are the details of increases in water tariffs for agricultural users in the (i) 2009-10 financial year and (ii) during the period 1 April 2010 up to the latest specified date for which information is available and (b) factors were taken into account when the tariff increases were determined;

(2) whether any consultations with agricultural stakeholders took place prior to the implementation of the tariff increases; if not, why not; if so, what are the (a) relevant details of the consultations and (b) outcomes of the consultations? NW2288E

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REPLY:

(1)(a)(i) Water Resource Management tariff increases ranged from 0% to 12.4%.

Water Resource Infrastructure tariff increases ranged from 0% to 30%.

(1)(a)(ii) Water Resource Management tariff increases range from 0% to 30%.

Water Resource Infrastructure tariff increases range from 0% to 50%.

(1)(a)(iii) Water resource management charges (tariffs) are water management area-specific and water resource infrastructure charges (tariffs) are scheme-specific, and there are a great multitude of such tariffs for a given year, each with its own physical circumstances and associated cost implications. The tariffs are based on cost recovery, and it often happens that for a given year the costs to be recovered remain the same, or can even be lower those of the previous year. Tariffs for the new financial year are then kept at the same level as for the previous year, which therefore represents a 0% increase in such tariffs for the next financial year.

(1)(b) Operational costs such as employee remuneration, electricity, traveling costs, maintenance and repairs in the case of Water Resource Management tariffs and Water Resource Infrastructure operations and maintenance tariff portions. Capital costs such as depreciation costs for refurbishment of scheme infrastructure in the case of Water Resource Infrastructure tariffs can be obtained from my Departments website http://www.dwaf.gov.za/projects/WARM/

(2) Water users (including agricultural stakeholders) were consulted regionally and nationally.

(2)(a) National consultations were held on 29 September 2008 and 15 September 2009. (Attached are the minutes of the national consultation held on 15 September 2009). The detail process is explained below.

(2)(b) Water tariffs were based on the current Pricing Strategy for raw water use charges, taking into account comments and concerns of, and points of agreement with, stakeholders. The consultation and approval process comprises of the consultation on draft water charges with interested parties at regional level prior to the national consultation level. The Director-General and I have to consider all the inputs and comments of the water users stakeholders before raw water charges are approved by the end September every year. Once the raw water charges have been approved by the Director-General they are published on my Departments website.

QUESTION NO 1877

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 04 JUNE 2010

(INTERNAL QUESTION PAPER NO. 16)

1877. Mr E Marais (DA) to ask the Minister of Water and Environmental Affairs:

Whether there is any maintenance plan for the water canal project running from Clanwilliam Dam; if not, why not; if so, (a) what are the details of the plan, (b) what is the budget for the plan, (c) for what period is the budget and (d) how will the enlargement of the Clanwilliam Dam impact on this water canal project? NW2185E

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REPLY:

Yes, there is a maintenance plan for the water canal project running from Clanwilliam Dam.

(a) The Water User association has set budget priorities in their Business Plans after transfer of the full operation and maintenance functions, and accepts full responsibility for maintenance and rehabilitation of the canal system for the benefit of all the users. The canals are generally in a state where major rehabilitation is needed. Canal breakages occur regularly and the last major break in March 2010, had to be repaired at a cost of approximately R3,0 million. Legal claims for damages resulting from canal breaks are regularly received by LORWUA.

(b) The average operation and maintenance budget of LORWUA is in the order of R4,0 million per financial year. The Water User Association keeps a Reserve Fund to deal with major breakages/rehabilitation. The balance of the Reserve Fund is currently in the order of R16.0 million.

The DWA has, per written agreement with LORWUA, replaced the Kransbrug siphon last year to a cost of R20 million rand and has put R12m on the Budget for this year for the replacement of the Hoekklip siphon over the next two years. The two siphons were identified as a risk in the system.

(c) LORWUA's budget planning is done for a medium term three-year period. The budget is adjusted on a yearly basis. Charges are imposed on the water users to recover the expenditure.

(d) The enlargement of the dam will specifically give the current users a higher assurance of supply and not necessarily an increase in supply. It will however make additional raw water available for new irrigation users.

The infrastructure below Clanwilliam dam is operating at its maximum capacity and will not cope with an increase of supply. Depending on where the new users will be established, either the distribution infrastructure will have to be upgraded or the operation procedures of the scheme will be adjusted to cope with the extra volume of water.

QUESTION NO. 1876

INTERNAL QUESTION PAPER NO. 16 NW2184E

DATE OF PUBLICATION: 04 June 2010

Mr M J Ellis (DA) to ask the Minister of Water and Environmental Affairs:

(1) With reference to her reply to question 744 on 31 May 2010, what was the date of her meeting with the Minister of Mineral Resources regarding the granting of a mining right near Mapungubwe;

(2) whether there has been a follow-up meeting since the first meeting on this subject; if not, when will there be a follow-up meeting; if so, what are the relevant details?

Mr M J Ellis (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) On 14 April in Cape Town

(2) Not yet, dependant on Ministerial schedules.

QUESTION NO 1853

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 04 JUNE 2010

(INTERNAL QUESTION PAPER NO. 16)

1853. Mr S J Masango (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether the (a) Dr J S Moroka municipality and (b) Thembisile Hani municipality is paying monthly usage for the drinking water from the Rand Water Board; if not, what is the position in this regard; if so, what has been the (i) monthly account and (ii) payments made in each month of the 2009-10 financial year;

(2) whether the (a) Dr J S Moroka municipality and (b) Thembisile Hani municipality owes the Rand Water Board for the usage of drinking water; if so, what are the relevant details;

(3) what has been the monthly water consumption of the (a) Dr J S Moroka municipality and (b) Thembisile Hani municipality in the 2009-10 financial year? NW2137E

REPLY:

(1)(a) No. Dr J S Moroka municipality does not pay any monthly usage for drinking water to Rand Water Board; the municipality abstracts their water from Mkhombo dam and purifies the water at their own purification plant.

(1)(a)(i) Falls away.

(1)(a)(ii) Falls away.

(b) Yes Thembisile Hani municipality pays monthly usage for drinking water to Rand Water Board.

(1)(b)(i) Thembisile Hani municipality's monthly account ranges between R3 -4 million.

(1)(b)(ii) Thembisile Hani municipality pays Rand Water all monies due as per invoice received on a monthly basis.

(2)(a) Dr J S Moroka municipality does not owe any monthly usage for drinking water to the Rand Water Board.

(2)(b) The current debt for Thembisile Hani is R4 million as at 31 May 2010.

(3)(a) Dr J S Moroka municipality's purifies 1.860 Ml (mega liters) on a monthly basis and sell to 3 municipalities, industries and consumers.

(3)(b) Thembisile Hani municipality's monthly water consumption ranges between 0.877 and 0.900 00 Ml (mega liters).