Questions & Replies: Water & Environmental affairs

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2011-04-07

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QUESTION NO. 592 INTERNAL QUESTION PAPER NO. 5 NW635E

DATE OF PUBLICATION: 07 March 2011

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

(1) (a) Which travel agencies or travel service providers does her department use currently and (b)(i) how and (ii) when were they appointed in each case;

(2) what was the (a) budgeted amount and (b) actual amount paid to each specified service provider for departmental travel expenditure in the (i) 2007-08, (ii) 2008-09 and (iii) 2009-10 financial years?

Mr I M Ollis (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

592. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) (a) The travel service providers that the Department use currently are XL Flywell Travel (Pty) Ltd and Wings Travel Management (Pty) Ltd;

(b) The travel service providers were appointed through an open tender process;

(c) The current travel service providers were all appointed on 1 February 2007.

(2) (a) The budgeted amount were as follows:

· 2007/08 – R62 708 000.00;

· 2008/09 – R68 044 000.00; and

· 2009/10 – R72 188 000.00

(b) The actual amount paid to each specified service provider is as follows:

· 2007/08 – R6 231 290.36 to XL Flywell Travel

· 2007/08 – R7 964 020.13 to Wings Travel Management

· 2008/09 – R6 604 817.00 to XL Flywell Travel

· 2008/09 – R19 185 722.10 to Wings Travel Management

· 2009/10 – R15 443 859.25 to XL Flywell Travel

· 2009/10 – R40 894 769.30 to Wings Travel Management

NATIONAL COUNCIL OF PROVINCES
(For written reply)
QUESTION NO. 592
INTERNAL QUESTION PAPER NO. 38 CW739E
DATE OF PUBLICATION: 18 November 2011
Ms B V Mncube (ANC-Gauteng) to ask the Minister of Water and Environmental Affairs:

Whether she will amend the National Environmental Management Act, Act 107 of 1998, in order to ensure that owners of the mining houses that (a) pollute the environment and (b) damage the land take responsibility of the effects such as (i) acid water drainage, (ii) water pollution and (iii) the diseases that are affecting the communities; if not, why not; if so, what are the relevant details?

REPLY

In relation to questions (a) and (b)(i)–(iii) above, there is no intention to amend the National Environmental Management Act, 1998 (Act No. 107 of 1998) to specifically address the liability of mining houses for the pollution caused by mining activities. The impacts of acid mine drainage is currently dealt with, and is best dealt with in terms of the National Water Act, 1998 (Act No. 36 of 1998) and the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002). Section 28 of the National Environmental Management Act, 1998 can however also be used to address pollution caused by mines and the liability flowing from such pollution.

QUESTION NO 586

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 07 MARCH 2011

(INTERNAL QUESTION PAPER NO. 04)

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

Whether, with reference to the 2009-10 annual report, her department was researching new technology options for sanitation in order to make it mandatory for municipalities to implement the updated technology as alternatives to waterborne sewage systems considering the impending water crisis; if not, why not; if so, (a) what advanced technological options have been made available for mandatory use and (b) when will these systems be implemented? NW600E

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REPLY:

(a) This question falls outside the mandate of the Department and should be referred to the Department of Human Settlement.

(b) Falls away.

QUESTION NO 585

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 07 MARCH 2011

(INTERNAL QUESTION PAPER NO. 04)

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

Whether, with reference to the 2009-10 annual report, her department has succeeded in achieving greater access to accredited laboratories to test water quality for the Blue Drop Certificate Programme; if not, why not; if so, what are the relevant details? NW599E

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REPLY:

Yes, the accreditation process of municipal and commercial water quality laboratories falls outside of the Department's mandate, however we ensured that through consultation with the National Laboratory Association (NLA) and the South African National Accreditation System (SANAS), the need for credible analyses is prioritized. It should be noted that the process of accreditation is triggered by the laboratory itself and when it qualifies it does not automatically mean that the laboratory can claim overall accreditation. A laboratory will be accredited for the analyses of a particular determinant and not for all parameters stated under the national standard.

The Department also consulted laboratories together with NLA to discuss means of an incremental approach towards overhauling the current situation where only a few laboratories are accredited for various determinant analyses. Participation in Proficiency Testing Schemes (PTS) (an international requirement for accreditation) was encouraged to allow municipalities to have access to laboratory analyses of higher credibility. A Municipal Water Quality Laboratory Strategy is being finalised to:

o Pave the way from PTS participation towards accreditation for all water quality laboratories;

o Mandatory registration with the Department to ensure municipalities have access to credible laboratories; and

o To optimize relationships between municipal water quality regulation and the laboratory accreditation authority.

The Department further included the need for credible analyses as a key requirement of both the Blue Drop (Drinking Water Quality) and Green Drop (Wastewater) Certification programmes to further emphasize the need for credible results. The municipal response to these requirements (Credibility of Water Quality Analyses) was generally positive since municipalities commenced procuring laboratory services from those complying with the incentive-based regulation prerequisites.

QUESTION NO 584

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 07 MARCH 2011

(INTERNAL QUESTION PAPER NO. 04)

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

Whether, with reference to the 2009-10 annual report, her department has facilitated interdepartmental meetings with the Departments of Human Settlements, Energy and Cooperative Governance and Traditional Affairs to achieve an integrated approach to water and sanitation services; if not, why not; if so, (a) how many such meetings took place, (b) what was on the agenda and (c) what common ground has been achieved? NW598E

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REPLY:

(a) Yes, the Department has facilitated 16 interdepartmental meetings between 2009 and 2010 with relevant sector departments, including the Departments of Human Settlements, Energy and Cooperative Governance and Traditional Affairs, Provincial and Local Governments, South African Local Government Association, Public Entities, Civil Society and the private sector in pursuit of an integrated approach to water and sanitation services.

(b) The themes or objectives reflected in Table1 below have guided the agendas for the meetings; however, topics that are relevant to this National Assembly Question are lifted and reflected hereunder for easy reference.

Table 1: Meetings convened by the Department towards integrated planning

Objective/theme

Topic specific to question 584

Mainstreaming Water as Central to Planning to promote Economic Growth and Development in South Africa

Strategic Oversight and Water Sector Response Towards Key Government Priorities

Discussion towards planning for implementation: National and Provincial Water Sector Structures

Positioning Water at the Centre of Planning and Development in South Africa

Identifying common priorities and influencing integrated planning and alignment across key water use sectors

State of the Water Sector: Review of Key Activities and How these affect the achievement of set Sector Goals

Aligning strategic water sector planning with the national strategic planning

Intersectoral alignment: high-level strategic issues to be incorporated in the strategic content of the revised National Water Resource Strategy

Exploring ways of improving inter and intra sector- sector collaboration

Presentations by sector partners

To reflect and share experiences and lessons on effective responses to service delivery challenges at municipal level

Sharing perspectives and lessons from Local Government service delivery challenges

Addressing the Challenges of Water Losses-Mitigation and Control Measures

Highlights of service delivery outcomes linked to current Performance Management System

Sharing lessons from water leaks interventions: Achievements and Challenges

Working Together for Water Security and Poverty Alleviation

To promote integrated planning and coordination between all sector stakeholders in addressing provincial development and growth

Preparation of the Branch: Regions inputs into the Departmental Strategic Plan

Round table discussion on outcomes based service delivery approach

Presentation by sector departments on their key focus areas and indicators in line with the relevant outcomes

Inputs from the Department on outcomes and presentations by sector departments

(c) In all these interdepartmental meetings, the common ground was the realisation of a need to put water at the centre of developmental initiatives, which calls for integrated planning to improve service delivery. Further, such meetings proved that coordination is central and water sector forums are an effective mechanism to achieve sector inputs and promotion of integrated planning.

QUESTION NO 583

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 07 MARCH 2011

(INTERNAL QUESTION PAPER NO. 04)

583. Mr K M Zondi (IFP) to ask the Minister of Water and Environmental Affairs:

Whether her department intends prioritising the provision of clean and potable water to the communities of Umkhanyakude District Municipality; if not, why not; if so, (a) when and (b) what are the further relevant details? NW582E

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REPLY:

(a) Government set a national target for all water services backlogs to currently un‑served communities in the country to be cleared by 2014. The three spheres of Government work in close collaboration to achieve this target. The Umkhanyakude District Municipality (DM) as the water services authority for all local municipalities in the district is the leading institution to ensure service delivery in their area of responsibility. In this, they are supported by the Department and the Provincial Government Departments.

(b) The Department as the custodian of water provides full support to all water services authority/ municipalities through the following interventions:

· With regards to the management of water resources and licensing of water use, a number of licenses for abstraction of water from boreholes and local sources in the Umkhanyakude district have been awarded and a license application from the Umkhanyakude DM, for major water abstraction from the Pongola Poort Dam at Jozini, is currently being processed for award.

· Through various incentives such as the Blue Drop and Green Drop regulation programmes, the Department prioritised support to all municipalities to improve and sustain high quality of water service provision to all consumers. Specific interventions have been extended to the Umkhanyakude DM to train water works operators and improve the asset management systems in the municipality.

· The Department's Regional Bulk Infrastructure Programme enables water services authorities to link existing developed resources to local community schemes to sustain water service delivery during periods of drought. The programme that started with the Hlabisa Scheme in 2008 currently funds the development of three major schemes at Hlabisa, Mtubatuba (i) St. Lucia and Jozini (ii) Ingwavuma in the uMkhanyakude District to a total amount of R426 million over the next four years. Thus far, (i) Phase 1 of the Hlabisa Scheme has been completed and the whole scheme will be completed in 2012 (ii) The Mtubatuba – St. Lucia Scheme is scheduled for completion in 2013 (iii) The Jozini –Ingwavuma scheme is developed in phases of which the first phase closest to the dam will be operational late in 2011 and thereafter a new phase will be put into operation every year. The whole scheme, sustaining current water supply to Ingwavuma, will be operational by 2015.

QUESTION NO. 579 INTERNAL QUESTION PAPER NO. 5 NW523E

DATE OF PUBLICATION: 07 March 2011

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

(1) What is the current status of the ban on driving on the beaches of St Lucia town in KwaZulu-Natal;

(2) whether any beach driving is permitted under certain conditions; if not, why not; if so, what are the relevant details?

Mrs S P Kopane (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS 579. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

1) The Regulations for the Control of Use of Vehicles in the Coastal Zone ("the Regulations") provide for a general prohibition on the public recreational use of vehicles in the South African coastal zone as a whole, although limited vehicle access is allowed by certain specific user groups, under strict conditions. With reference to St Lucia, the beaches in this area are under the jurisdiction of the iSimangaliso Wetland Park, and as such are also subject to the conditions of the Park. Last Year the Park issued conditions in a record of decision with respect to vehicle use at boat launching sites and vehicle use in concession use areas within the Park, Vehicle use at St Lucia is restricted to the designated public boat launching site, using only the access control points to enter or exit the coastal zone, and staying within the launch site boundaries. The concession use area at St Lucia extends from the St Lucia on-ramp to 100 metres south of First Rocks, with access being only from the said on-ramp; vehicle use is restricted to a maximum of two concession operator vehicles at any one given time, and no self-driving is allowed by members of the public. It must also be noted that no quad bike use is allowed anywhere within the iSimangaliso Wetland Park, and that the daily permit system for public vehicle access which previously applied to certain coastal areas within the iSimangaliso Wetland Park is no longer in operation.

2) In terms of the Regulations in general, no person may use any vehicle in the coastal zone, unless that use is (1) a permissible use under Regulation 4; (2) authorised in terms of a permit granted under Regulation 6; (3) within a boat launching site licensed in terms of Regulation 7; or (4) authorised in terms of an exemption granted under Regulation 20. Examples of permissible uses include (1) in an emergency situation in order to safeguard human life or health, property or any aspect of the environment; and (2) the use by an employee of any organ of state of any vehicle for the purposes of performing the public duties of that organ of state. The vehicle access permits can be granted for the following purposes: (i) carrying on a non-recreational activity in terms of a right, permit or exemption granted under the Marine Living Resources Act, 1998 (Act No. 18 of 1998); (ii) scientific research (only by recognized institutions); (iii) carrying on a tourism business (only by accredited operators); (iv) accessing private property (provided there is no reasonable alternative access to the property); (v) producing an advertisement, feature film, still photograph or a television programme; (vi) access by a physically disabled person (who has been certified by the National Council for Persons with Physical Disabilities in South Africa); and (vii) carrying on an organised provincial or national recreational sport fishing competition (only if sanctioned by the South African Shore Angling Association). The only vehicle access permits granted to date at St Lucia have been to a Boat-Based Whale Watching operator in possession of an Marine Living Resources Act authorisation, and to a number of physically disabled persons (there are currently 19 valid permits in this category).

QUESTION NO. 578 INTERNAL QUESTION PAPER NO. 4 NW507E

DATE OF PUBLICATION: 10 March 2011

Ms M R Shinn (DA) to ask the Minister of Water and Environmental Affairs (Interdepartmental transfer on 10 March 2011):

(1) Whether her department's Centres of Excellence have been consulted in preparation of its claim that was lodged with the United Nations to extend South Africa's seabed (details furnished); if not, why not; if so, what are the relevant details;

(2) whether any ecologists employed by the State were consulted; if not, why not; if so, (a) who and (b) what was the nature of their input;

(3) whether any private sector scientists were consulted in preparation of this claim; if not, why not; if so, (a) who were they and (b) what (i) was the nature of the input and (ii) what amount of money was each of the scientists for their inputs;

(4) whether she will take any steps to ensure that (a) the Centres of Excellence and (b) other scientists are included in the (i) management of the seabed territory and (ii) evaluation of any applications to explore and exploit the seabed claimed; if not, what is the position in this regard; if so, what steps;

(5) whether France was consulted with regard to preparing and lodging the claim; if not, what is the position on dialoguing with France about this claim; if so, what input did France make?

Ms M R Shinn (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

578. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

These questions need to be referred to the Department of Mineral Resources responsible for PetroSA and the Council of Geosciences who were the agencies responsible for the work on behalf of the then Department of Minerals and Energy.

QUESTION NO 575

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 07 MARCH 2011

(INTERNAL QUESTION PAPER NO. 04)

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

(1) Whether any action has been taken against a certain coal washing plant (name furnished) adjacent to Jackaroo Park in the eMalahleni Municipality for transgressions of the National Water Act, Act 36 of 1998; if not, why not; if so, what are the relevant details;

(2) whether the said operation has a valid water use licence to conduct its operations; if not, how is this justified; if so, what are the relevant details;

(3) (a) what is the date of each specified inspection of the operation by enforcement officials of her department since 1 January 2009 and (b) what are the (i) names and (ii) designations of the officials who conducted the inspection in each case? NW478E

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REPLY:

(1) Yes, on 1 July 2010, the Department issued a notice of intention to issue a directive to the company. After noting that the company had not submitted a written representation to the notice, the Department undertook a follow-up inspection on 10 August 2010 which led to the company submitting representation on 29 September 2010.

(2) No, the operation does not have a water use license in terms of section 21 of the National Water Act, 1998 (Act No. 36 of 1998). On 27 August 2009, the company only submitted registration forms to the Department for the registration on the Department's Water Registration Management System (WARMS) data base for the waste discharge related water uses. I can confirm that the company has been issued with a fine by the Mpumalanga Department of Economic Development, Environment and Tourism and applied for a section 24(g) in terms of the National Environmental Management Act, 1998 (Act No. 107 of 1998). The company has notified the Department of this intention to embark on the environmental authorisation processes, which includes an application for a water use license.

(3) Refer to Table 1 below indicating the details of officials who conducted the inspection:

Date of inspection

Name of Official

Designation of Official

7 June 2010

Name furnished

Control Environment Officer Grade A

10 August 2010

Name furnished

Control Environmental Officer Grade B

Name furnished

Control Environmental Officer Grade A

Name furnished

Control Environmental Officer Grade A

Name furnished

Chief Auxiliary Services Officer

QUESTION NO 574

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 07 MARCH 2011

(INTERNAL QUESTION PAPER NO. 04)

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

(1) Why does the National Ecosystem Health Monitoring Programme (NAEHMP) not include the monitoring of dams;

(2) whether there are any plans for the NAEHMP to include the monitoring of dams; if not, why not; if so, what are the relevant details;

(3) whether there are any other programmes similar to the NAEHMP that cover the monitoring of dams; if not, why not; if so, what are the relevant details? NW477E

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REPLY:

(1) The National Ecosystem Health Monitoring Programme (NAEHMP) is currently only focusing on the ecological assessment of rivers and wetlands. In addition, the ecological indices being used for determining ecosystem health are specifically designed for South African rivers and wetlands and will not be applicable to dams as such.

As the monitoring of dams may require more resources, both human and financial, an appropriate monitoring programme model for dams will first have to be investigated.

(2) The Department has started investigations into international methods used for the assessment of dams that can be adapted for South African conditions. However, the implementation of ecological monitoring of dams in a similar fashion to that for rivers may only be implemented in a few years time.

(3) Although not similar, the Department is responsible for the implementation of the National Eutrophication Monitoring Programme (NEMP), which monitors the trophic status of 78 identified dams across the country on a monthly basis. The NEMP focuses on nutrient concentrations, chlorophyll concentration and algal community composition, and not necessarily on the ecosystem as a whole. However, the data from the NEMP can and will be used once a system as alluded in (2) above has been finalised.

QUESTION NO. 573

INTERNAL QUESTION PAPER NO.5 NW476E

DATE OF PUBLICATION: 07 March 2011

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

(1) (a) How many African Grey parrots have been imported during the period 1 January 2009 up to 31 December 2009 and (b) for each consignment of parrots, (i) where they imported from and (ii) what was the name of the importer;

(2) whether efforts are being made to ensure that African Grey parrots being imported have the required certification in terms of from the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) from the exporting countries; if not, why not; if so, what are the relevant details;

(3) whether her department is taking any steps to restrict the importation of wild African Grey parrots; if not, why not; if so, what are the relevant details;

(4) whether her department intends to submit recommendation to the next meeting of Cites to strengthen the provisions that govern the capture and exportation of wild African Grey parrots; if not, why not; jf so, what are the relevant details;

(5) whether her department or any other Government agency has intercepted any illegally imported African Grey parrots; if not, how was this conclusion reached; if so, what are the relevant details?

Mr I ODavidson (DA)

SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

573, THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) (a) 4100,

(b) (i) Democratic Republic of Congo (DRC),

(ii) To be requested from the relevant provincial conservation departments

(2) Yes. No imports will be allowed without an export permit from the country of origin. All exports permits received are verified by the South African CITES Management Authority and in this specific situation, permits were also sent to the CITES Secretariat for verification.

(3) Yes. The CITES Secretariat informed the CITES Management Authority that it is reviewing the trade in CITES-listed birds from the ORC with regard to specific provisions of the Convention and that it is unable to confirm the authenticity and validity of permits until this review is complete. Imports of African Grey parrots from the ORC will therefore not be allowed until this review has been completed.

(4) No. The review referred to above will address the concerns and South Africa supports this process.

(5) No reports of confiscations were reported by the Provincial Conservation Authorities to the Department.

QUESTION NO. 549 INTERNAL QUESTION PAPER NO. 3 NW596E

DATE OF PUBLICATION: 25 February 2011

Mr N J J v R Koornhof (Cope) to ask the Minister of Water and Environmental Affairs:

Whether the Government is fully prepared to serve as a role model at COP17 in 2011 and to clinch by example and moral authority the agreement on carbon emission that has so far eluded every other COP attempt; if not, why not; if so, what are the relevant details?

Mr N J J v R Koornhof (Cope) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

549. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

First and foremost Honourable member should appreciate the fact that COP17 is a meeting of the United Nations Framework Convention on Climate Change (UNFCCC) and as such the nature of the outcome will be determined by the Parties to the Convention and its' Kyoto Protocol. The second point is that Mexico is the current Conference of Parties (COP) President and that South Africa will assume the COP Presidency at the start of the meeting in Durban. South Africa and Mexico have agreed to work together during the year where we will jointly convene Informal Consultation sessions with a view to build international consensus around an ambitious and realistic outcome for the COP in Durban. Our willingness and eagerness to jointly convene these Informal Consultation sessions is a clear indication of how seriously we take this UN Conference to be held in Durban.

The Parties to the UNFCCC will need to show some flexibility in their negotiating positions for Durban to achieve a respectable outcome as happened in Cancun last year. However, we are mindful of the facts that have led to the deal eluding the nations of the world. The main challenges have not changed, for example, the United States of America is apparently still not in a position where it can commit itself to a legally binding international climate change regime. Japan and the Russian Federation have made it clear that they are not in a position to enter into any new legally binding agreement for as long as USA and China are not bound by such an agreement. However, a lack of new agreement on climate change is a priority for countries most vulnerable to the impacts of climate change such as African countries and Small Developing Island States. It is for this reason that South Africa is taking on this mammoth task of hosting COP17. We appreciate that the development of a future climate change regime has been going on for a while and will continue even after Durban.

QUESTION NO. 547

INTERNAL QUESTION PAPER NO.2 NW594E

DATE OF PUBLICATION: 25 February 2011

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

Whether her department has taken any steps in the past three years to eliminate the (a) largemouth bass and (b) smallmouth bass to stop their devastating effect on indigenous species; if not, why not; if so, what steps?

Mrs H N Ndude (Cope)

SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

a) & b) No, the Department is finalising the Alien and Invasive Species Regulations in terms of the National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004), which will provide for the eradication of largemouth and smallmouth bass in specific areas within South Africa.

QUESTION NO. 546 INTERNAL QUESTION PAPER NO. 2 NW593E

DATE OF PUBLICATION: 25 February 2011

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

Whether her department has implemented steps to protect plant diversity successfully in the face of agricultural and urban development; if not, why not; if so, what are the relevant details?

Mrs H N Ndude (Cope) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

546. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

Yes


The South African National Biodiversity Institute (SANBI) is mandated by the National Environmental Management: Biodiversity Act (Act No. 10 of 2004) (NEMBA) inter alia, to monitor and report regularly on amongst others, the status of South Africa's biodiversity and the conservation status of all listed threatened species and ecosystems. SANBI reports to the Department of Environmental Affairs (DEA).

To this effect SANBI has developed a system focusing on Environmental Impact Assessment (EIA) data collection. This system (Biodiversity Advisor) involves specialist consultants to collect data on threatened species while they perform environmental impact assessments. The project is being rolled out at both national and international level.

SANBI also supports the development of planning tools such as provincial conservation plans and bioregional plans, which, in terms of NEMBA, need to be taken into account by other spatial planning mechanisms, such as Integrated Development Plans and Spatial Development Frameworks. A number of these plans are already in place, and are being used on a regular basis by decision-makers.

Furthermore, DEA has developed regulations on listed Threatened or Protected Species (ToPS) and Bio-prospecting, Access and Benefit-Sharing (BABS). Both these entered into force in 2008. ToPS regulations provide for certain factors to be considered before a permit may be issued to allow the carrying out of a restricted activity. The regulations further require a risk assessment to be undertaken before a permit may be issued to carry out a restricted activity involving a wild population of a species listed as critically endangered. BABS Regulations make provision for the protection of indigenous biological resources and associated traditional knowledge that may be utilised for commercial purposes and provide that no indigenous species may be exported without a permit.

The Department is also working closely with the Department of Agriculture, Forestry and Fisheries (DAFF) regarding the implementation of the Forest Act (Act 84 of 1998) which provides for a permit application in case any protected trees are to be removed.

All these tools have to be taken into account in any decision-making process, including development applications and change of land-use applications in agriculture. The department, together with SANBI and provincial conservation authorities, support the mainstreaming of these tools in other decision-making processes wherever possible.

QUESTION NO. 545 INTERNAL QUESTION PAPER NO. 2 NW592E

DATE OF PUBLICATION: 25 February 2011

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

Whether, in view of the unprecedented species extinction rates being experienced, her department is taking any steps to ensure that all rare indigenous species of plants are being protected successfully; if not, why not; if so, (a) what steps and (b) what are the further relevant details?

Mrs H N Ndude (Cope) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

545. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

Yes

(a) The South African National Biodiversity Institute (SANBI) was established in terms of the National Environmental Management: Biodiversity Act (Act No. 10 of 2004) (NEMBA) which provides, inter alia, for the monitoring and reporting regularly on the status of South Africa's biodiversity and the conservation status of all listed threatened species and ecosystems. SANBI is an entity of the Department of Environmental Affairs (DEA).

(b) South Africa as a country is a contracting party to several international conventions, protocols and agreements with the aim to inter alia, conserve and protect valuable species and achieve sustainable use of our natural resources, e.g. the Convention on Biological Diversity (CBD), the Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES), United Nations Convention to Combat Desertification (UNCCD), World Heritage Convention (WHC), Convention on Wetlands (RAMSAR) and Convention on Migratory Species (CMS) meaning that South Africa needs to implement and monitor the strategic plans for these conventions.

South Africa is the first signatory country to the CBD to achieve target two of the Global Plant Conservation Strategy, namely the comprehensive assessment of the conservation status of the plant species. South Africa is the first of 17 mega-diverse countries to comprehensively assess the status of its entire flora.

This assessment was published by SANBI, as part of its Threatened Species Programme (TSP), in a publication titled "Red List of South African Plants (2009)" which doubled the number of plants on the International Union for the Conservation of Nature (IUCN) Red List. For the first time in South Africa all 20 456 plant species were assessed using IUCN criteria.

Another project of the TSP, is the monitoring of national plants through the Custodians of Rare and Endangered Wildflowers (CREW) programme, which involves volunteers from a range of socio-economic and cultural backgrounds in monitoring threatened plants. There exist 26 volunteer groups operating across South Africa. Together, they have produced 4 890 records of monitoring threatened plant populations during 2009/10. More than 12 000 populations of threatened plants have been monitored during the course of the project, during which 14 new plant species were discovered, while 12 species listed on the plant red list as possibly extinct have been rediscovered and are now considered critically endangered, but not extinct.

Furthermore, DEA has developed Regulations on listed Threatened or Protected Species (ToPS) and Bio-prospecting, Access and Benefit-Sharing (BABS). Both these entered into force in 2008. ToPS Regulations provide for certain factors to be considered before a permit may be issued to allow the carrying out of a restricted activity (defined in the regulations, for example hunting, capturing, catching, killing etc). The regulations further require a risk assessment to be undertaken before a permit may be issued to carry out a restricted activity involving a wild population of a species listed as critically endangered.

BABS Regulations make provision for the protection of indigenous biological resources and associated traditional knowledge that may be utilised for commercial purposes and provide that no indigenous species may be exported without a permit.

In the case of rare and endangered plant species being imported, exported or re-exported into or from the country, permits are also required in terms of the CITES Regulations. The purpose of these regulations is to regulate international trade with these rare and endangered species.

In addition, the Biodiversity Act makes provision for a number of tools to protect plant species, directly or indirectly, such as bioregional plans and biodiversity management plans for ecosystems and species. To this effect, tools such as Norms and Standards for Biodiversity Management Plans for Species were published in March 2009.

.

South Africa supports the ecosystem approach in conservation, which ensures that representative areas of all ecosystems be conserved. In line with this, the department has also developed the National Protected Areas Expansion Strategy (NPAES) which was approved for implementation in March 2009. This strategy ensures comprehensive ecosystem representativity and focus largely on un-fragmented and highly irreplaceable areas. It also addresses terrestrial, marine and freshwater ecosystems. The development of the expansion strategy takes into account amongst others, the distribution of species, type of habitat and ecosystems, and when fully implemented, will conserve all habitats in which rare indigenous plant species occur.

The department is working closely with the Department of Agriculture, Forestry and Fisheries (DAFF) regarding the implementation of the National Forest Act (Act 84 of 1998) which provides for a permit application in case any protected trees as per this Act are to be removed. Additionally the department is working closely with provincial departments and agencies, non-governmental organisations, research institutions and academia that have programmes in place to monitor the status of flora.

Furthermore, the department has a system in place which ensures that all the above tools are taken into account in all Environmental Impact Assessments evaluated on a national level.

QUESTION NO. 486 INTERNAL QUESTION PAPER NO. 2 NW529E

DATE OF PUBLICATION: 25 February 2011

Mrs D A Schäfer (DA) to ask the Minister of Water and Environmental Affairs:

Whether (a) her departments or (b) any (i) agency or (ii) institution which receives transfers from her departmental budgets employs staff to perform the duties set out in the Minimum Information and Security Standards (Miss) that were adopted by Cabinet on 4 December 1996 or any subsequent version of the Miss; if not, why not, in each case; if so, in each case, (aa) how many and (bb) what (aaa) is the job title, (bbb) is the employment level, (ccc) are the academic qualifications, (ddd) is the salary and (eee) are the other benefits of each specified staff member?

Mrs D A Schäfer (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

486. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

No . All employees of Government and related agencies or institutions are subject to the guidelines and prescriptions contained in the Minimum Information Security Standards (MISS)

QUESTION NO. 478

INTERNAL QUESTION PAPER NO, 2 NW520E

DATE OF PUBLICATION: 25 February 2(J11

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

(1) With reference to her reply to question 589 on 23 March 2010, what is the current status of this project;

(2) whether there have been any changes to the composition of the winning consortium (name furnished); if not, how was this conclusion reached; if so, what are the relevant details;

(3) whether any entities that make up this consortium have taken legal action against the consortium; if not, how was this conclusion reached; if s0, what are the relevant details;

(4) whether all the entities that make up this consortium are capable of providing equity to the project; if not, how was this conclusion reached; if so, what are the relevant details;

(5) whether the adjudication panel that awarded the tender conducted the required due diligence on all the bids before deciding on the winning bid; if not. what steps will be taken to rectify the situation; if so, how was this conclusion reached?

Mr G R Morgan (DA) SECRETARY TO PARLIAMENT HANSARD

PAPERS OFFICE

PRESS

NATIONAL ASSEMSL Y

QUESTION 478

NW520E

478. THE MINISTER OF WATER AND ENVJRONMENTAL AFFAIRS ANSWERS:

1. The project is well underway with 100% of the funding approved for the development. The Environmental Impact Assessment is in process and scheduled for finalization in October 2011whereafter construction of the hotel will commence.

2, The Secprop leisure Consortium has undergone certain changes since the awarding of the tender.

Wright, Simgos and Cradle are co-shareholders in a previous and very similar project, which required the fulfillment of similar obligations. The three parties have decided not to continue this business association into further projects and hence Simgos (per correspondence dated July 3, 2010) and Cradle (per correspondence dated November 5, 2010) voluntarily and of their own accord, withdrew from the SLC partnership.

In terms of the requirements of the PPP Agreement, the rights have beenceded to a Special Purpose Company ( SPV), Malelane Safari Resort Investments (pty.) Ltd.), the shareholding of which is anticipated to be;

· 20% Community Trust

· 10% Siyazi Management Consultants CC (sole member, Mr. Senzo Tsabedze, a BEE businessman resident in Mbombela)

· 20% RHW Joint Venture Ltd. (South African subsidiary of Rezidor - owned 74% by Rezidor Hotel Group of Brussels; and 26% by Mvelaphanda Holdings Ltd" a majorBEE Company, fisted on the JSE).

· 20% Afriliance Management Ltd, - an offshore financing company with offices in Washington DC, Dubai and Johannesburg

· 30% Secprop li8 Investments (Ply.) Ltd, - the promoters of the project, owned by Peter and Michael Wright

· The shareholding within the SPV will be finalized mid March 2011 for approval by SANParks

3. Based on the question raised, SANParks followed it up with the Consortium representative who stated that no action had been instituted against the Consortium by Cradle~ or any other party.

4. Approval for 100% of the finance has been received from Afrliance Management Ltd, The documentation is in the process of being drawn up and the representatives of the financiers will be returning to South Africa for signature of the documentation. In addition, the Industrial Development Corporation in conjunction with the National Empowerment Fund have been approached and have agreed in principle to provide funding for the BEE component of the project ownership. This aspect can only be advanced once the overseas funding arrangements have been concluded,

The SPV receives a loan based on the feasibility of the project (Financiers require an acceptable Debt: Equity ratio). The SPV is legally protected from any other claims. The 100% loan implies good project financing.

Further, the project is well underway and construction is due to commence on conclusion of the Environmental Impact Assessment process which is expected to be finalised in October 2011.

5. Based on the above and the credentials of the consortium, SANParks is of the opinion that the winning consortium is If) good health

Yes, the required due diligence was undertaken by the adjudication panel that adjudicated the bids on 25 November 2009.

The due diligence and adjudication extensively reviewed the following submissions of the bidding companies:

· Qualification Criteria relating to the financial strength and tourism experience of the bidder;

· Business and Operational Plans;

· Development and Environmental( Plans;

· Capital and Finance Plans;

· Risk Transfer; and

· BBBEE plans.

QUESTION NO 479

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 25 FEBRUARY 2011

(INTERNAL QUESTION PAPER NO. 03)

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

(a) When will the next edition of the Green Drop Report be released, (b) what is the period of assessment for waste water treatment works (WWTW) that will be covered in the next Green Drop Report and (c) what number of WWTWs will be scored in the next Green Drop Report? NW521E

---00O00---

REPLY:

(a) The Department plans to release the next Green Drop Report in July 2011.

(b) The municipalities provided the Department with the performance and compliance reports for the period July 2009 to June 2010.

The Department commenced with the physical on-site verification assessments in August 2010 after which the confirmation sessions were completed in January 2011. The regulation teams are currently doing moderation of the results and following that the report will be compiled and submitted for an internal approval process.

(c) The number of wastewater treatment works (WWTW) assessed over this period is 887.

QUESTION NO. 477

INTERNAL QUESTION PAPER NO.3 NW519E

DATE OF PUBLICATION: 25 February 2011

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

(1) How many environmental impact assessments (EIAs) were outstanding (a) in each province and (b) nationally (i) for less than 6 months, (ii) between 6 and 12 months,( iii) between 12 and 18 months and (iv) for longer than 18 months as at 31 December 2010;

(2) what was the total number of (a) posts available and (b) vacancies in the EIA establishment in (i) each province and (ii) nationally as at the latest specified date for which information is available?

Mr G R Morgan (DA)

SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

477. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

It is not possible for the Directorate: Environmental Impact Management (ElM); Capacity and Support to provide the information in the requested format, since the Department compiles quarterly reports on the administration of the Environmental Impact Assessment function, which is submitted to the relevant MINTECH and MINMEC structures. These reports consist of statistics on both NEMA EIA applications and Human Resource capacity. However, we are considering compiling these statistics using the National Environmental Authorisation System (NEAS) once all NEMA EIA applications have been captured onto the system. To date 12 396 applications falling under the 2006 regulations have been captured on the system and 1128 falling under the 2010 regulations.

It is also important to mention that all Environment Conservation Act Environmental Impact Assessment (ECA EIA) applications, approximately 6 358 as reported in the 2006 statistics have been completed with the exception of only eight (8) applications still pending in the Western Cape.

Table 1 contains the statistics of the total number of posts for staff that process EIAs per authority and the current number of posts that are vacant in the last six months. It must be further noted that information provided by provinces are more

generic and it would take considerably more time to get the level of detail required for this response. A direct request to provinces and their regional offices is therefore advised.

The total number of posts for staff that process EIAs per Authority

Number of posts in organogram

The current number of posts that are vacant in the last six month

DEA ( national)

45

3

Eastern Cape

49

12

Free State

22

16

Gauteng

132

23

KwaZulu-Natal

74

34

Limpopo

40

18

Mpumalanga

31

16

North West

19

8

Northern Cape

12

1

Western Cape

57

12

TOTAL

341

161

QUESTION NO. 460 INTERNAL QUESTION PAPER NO. 2 NW500E

DATE OF PUBLICATION: 25 February 2011

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

(1) Whether she met with the Minister of Science and Technology about the impact of fracking in the Karoo on the Square Kilometre Array bid; if not, why not; if so, what are the relevant details;

(2) whether she will make a statement on the matter?

Mrs S V Kalyan (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

460. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) No, the Minister has, to date, not yet met with the Minister of Science and Technology about the impact of fracking. The Minister is however aware of the issues relating to fracking as a result of the matter being extensively raised in the media. It would however not be proper for the Minister to pre-empt any discussion around this matter as she may be called upon to adjudicate related appeals.

(2) The Minister is currently not making a statement on this matter.

QUESTION NO. 440 INTERNAL QUESTION PAPER NO. 2 NW470E

DATE OF PUBLICATION: 25 February 2011

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

(1) On what dates were section 24(G) applications received from Coal of Africa in terms of the National Environmental Management Act, Act 107 of 1998, for alleged activities at the Vele Colliery;

(2) whether her department has adjudicated on the section 24(G) applications; if not, why not; if so, what are the relevant details;

(3) whether she has received a report from the United Nations Educational, Scientific and Cultural Organisation (UNESCO) following its visit to Mapungubwe in November 2010 to assess the impacts that mining at Vele Colliery could have on the World Heritage site; if not, when does she expect to receive the report; if so, what are the relevant details;

(4) whether her department intends commissioning an Environmental Management Framework for the area north of the Soutpansberg in which the Vele Colliery is located; if not, why not; if so, what are the relevant details?

Mr M J Ellis (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

440. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) The Director: Enforcement issued CoAL of Africa ("CoAL") with a Section 31 L Compliance Notice on 5 August 2010. This notice was preceded by three pre-compliance notices providing opportunities to CoAL to make representations as to why a final notice should not be issued (including oral representations on 23 July 2010). The Compliance Notice was issued in response to firstly, the fact that CoAl commenced with activities despite the Department issuing a negative decision for those activities (roads and storage of hazardous goods) and secondly, as a result of CoAL commencing with a number of other EIA listed activities without obtaining prior authorization from the Department. The Department maintained the view that, even though the activities fall within the mining right area, they still require authorisation from this Department as they were listed in terms of NEMA.

CoAL complied with the notice and ceased with the relevant activities. The section 24G application for rectification (for four listed activities only) was received by the Department on 03 September 2010. This was acknowledged by the department on 15 October 2010. This letter included a request for an environmental impact assessment report with detailed requirements to be compiled and submitted to the Department in order for the Department to make an informed decision regarding the section 24G application.

The outstanding section 24G application (for the illegal activities that had been left out of the original
S24G applications) was submitted to the Department on 03 January 2011 and subsequently acknowledged on 17 January 2011. A further letter dated 26 January 2011 requesting an environmental impact assessment report with detailed specific requirements to be compiled and submitted to the Department in order for the Department to make an informed decision regarding the section 24G application was sent to the consultant by the Department.

At this juncture, the Department awaits the requested information, after which a fine will be calculated in accordance with the section 24G penalty calculator protocol and guideline developed for activities unlawfully commenced with in terms of the National Environmental Management Act, 2004 (Act No. 8 of 2004), as amended. The penalty calculator protocol and guideline was jointly developed by the National Department of Environmental Affairs and the Provincial Departments. These tools were designed to assist in the determination of fines imposed in terms of Section 24G of the NEMA, as amended, and accordingly are only being used to guide decision making in relation to the amount of fines in respect of illegal activities listed in terms of the NEMA, as amended.

(2) As explained above, the Department awaits receipt of the requested information; whereafter a decision regarding the fine will be reached. Once a fine has been determined, this will be communicated to the applicant. The Department then awaits the proof of payment of the determined fine before reaching a decision on the application. This is also dependent upon the submission of the final requested documentation from the applicant and their environmental assessment practitioner.

(3) No, once the final report has been completed by the World Heritage Centre and the World Heritage Committee Advisory Body, it will be provided to the country (SA) for information until it is discussed by the World Heritage Committee in June 2011.

(4) There are plans to develop an EMF for the Mapungubwe area. The Biodiversity and Conservation branch, together with Environmental Impact Management (EIM) have compiled draft Terms of Reference for the framework and thus far one consultation meeting with representatives from the province was held at the department. However, with recent developments around Mapungubwe, a decision was taken to wait until the UNESCO visit and the appeals by Vele had been finalised before the process is taken further.

QUESTION NO. 396 INTERNAL QUESTION PAPER NO. 2 NW430E

DATE OF PUBLICATION: 18 February 2011

Mr N J J van R Koornhof (Cope) to ask the Minister of Water and Environmental Affairs:

(1) How many African Grey parrots (a) were imported and (b) died during the period 1 January 2010 to 30 January 2011;

(2) whether she intends to restrict or ban the importation of scarce exotic birds in order to stop the illegal trade from countries exploiting and threatening the existence of these species; if not, why not, in each case; if so, what are the relevant details in each case?

Mr N J J van R Koornhof (Cope) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

396. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) (a) Consolidated information relating to imports is not available. Permits for the import of African Grey parrots are issued by the provincial conservation authorities and the department will only receive the provincial annual reports for the permits issued during 2010 in terms of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) by July 2011. The Gauteng Department of Agriculture and Rural Development, the province through which the majority of African Grey parrot imports take place, indicated that CITES import permits for 4 450 birds were issued during 2010 (1 January 2010 to 31 December 2010).

(b) The department received notification that approximately 700 African Grey parrots died on a One Time Flight when they were transported from the veterinary quarantine station in Johannesburg to a facility in KwaZulu-Natal.

(2) At present, the department is not intending to restrict or ban the importation of scarce exotic birds. South Africa is a signatory to CITES and this Convention provides for measures to control and manage the international trade in species listed on its Appendices. It also provides for a significant trade review process where all listed species, which are traded in significant quantities are reviewed. If needed, CITES will then place trade bans or reduce the export quotas for the particular species. If parrots are traded illegally, the South African enforcement authorities will investigate the particular cases and act accordingly.

QUESTION NO. 395 INTERNAL QUESTION PAPER NO. 2 NW429E

DATE OF PUBLICATION: 18 February 2011

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

Whether her departments have implemented any specific graduate development programmes over the past five years to help improve the supply of (a) climate change specialists, (b) water plant superintendants, (c) engineers and (d) technicians; if not, why not; if so, what (i) success have her departments recorded in respect of each specified category and (ii) percentage of her departments' critical staff were recruited through these programmes?

Mrs H N Ndude (Cope) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

395. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

The Department of Environmental Affairs has in the past five years or more provided financial support, in the form of bursaries, to students who are studying for Environmental Science related qualifications, e.g. Environmental Management/ Science, Oceanography, Chemical Engineering and Chemistry, and so forth.

After completion, sponsored students were absorbed by the Department as bursars and some of them are currently employed as permanent officials. The Departmental internship programme has also been used as a means to attract students who have completed their tertiary studies to join the Department as interns. The aim of this programme is to assist students to convert theoretical knowledge obtained at tertiary institutions into practice and to increase their access to enter the labour market.

Furthermore, the Department has consistently recruited learners to participate in its Environmental Education Learnership. These learners are placed at various municipalities across the country.

The breakdown of percentages for the past five years is as follows:

BURSARIES

YEAR

NUMBER OF BURSARIES

PERCENTAGE PLACED

2006

51

35%

2007

34

26%

2008

7

None

2009

12

50%

2010

29

48% to be placed from April 2011

INTERNSHIPS

YEAR

NUMBER OF INTERNS

PERCENTAGE PLACED

2006/07

116

25%

2007/08

78

2%

2008/09

No interns appointed

2010/11

29

4%

South African Weather Services (SAWS) implemented a bursary and internship programme that has trained

(a) 83 BSc. in Meteorologists

(b) None

(c) 3 Electrical Engineering

(d) 59 Meteorological Technicians

i) SAWS has recorded successes in a, c and d. The majority of successful students have been recruited by SAWS. The Electrical Engineering learners are currently doing their practical component of their studies with SAWS.

ii) (a) 75% have been employed

(c) Currently doing their practical component at SAWS.

(d) 88 % have been employed by SAWS

The breakdown of percentages for the past five years is as follows:

BURSARIES

YEAR

NUMBER OF BURSARIES

PERCENTAGE PLACED

2006

20

85%

2007

15

60%

2008

40

63%

2009

43

56%

2010

31

In progress

Students that have not been recruited are continuing with their studies

INTERNSHIPS

YEAR

NUMBER OF INTERNS

PERCENTAGE PLACED

2006/07

N/A

N/A

2007/08

N/A

N/A

2008/09

13

4

2010/11

10

Internship in Progress

The South African National Biodiversity Institute (SANBI) has contributed extensively towards to the development of young climate change specialists in the form of bursary programmes at Masters and Doctoral level as well as collaborative initiatives with South African universities. In addition to bursaries and internship programmes offered, we have also supported 4 staff in the Climate Change and Bio-Adaptation Division to obtain their Masters and Doctoral degrees.

The breakdown of percentages for the past five years is as follows:

(a) Climate change specialists

BURSARIES

YEAR

NUMBER OF BURSARIES

PERCENTAGE PLACED

2006

4

100%

2007

9

30%

2008

11

18%

2009

9

11%

2010

5

20%

INTERNSHIPS

YEAR

NUMBER OF INTERNS

PERCENTAGE PLACED

2006/07

3

33%

2007/08

0

0

2008/09

1

0

2010/11

2

0

b) Water plant superintendants - None

c) Engineers - None

d) Technicians - None

iSimangaliso does not offer any graduate support programmes.

It does have a bursary scheme for undergraduate study in environmental, tourism, engineering and financial studies. The programme is in its second year. Twenty-eight students are being supported.

The South African National Parks (SANParks) breakdown of percentages for the past five years is as follows:

BURSARIES

YEAR

NUMBER OF BURSARIES

PERCENTAGE PLACED

2006/07

4

0%

2007/08

0

0%

2008/09

5

0%

2009/10

7

0%

2010/11

2

50%

2011/12

4

0

SANParks offers bursaries to children of employees without prescribing to them in terms of the line of studies that they must follow; the above numbers are those who followed Environmental related studies. Most of them were offered Internship opportunities, but only one has been absorbed thus far.

INTERNSHIPS

YEAR

NUMBER OF INTERNS

PERCENTAGE PLACED

2006/07

42

0%

2007/08

178

0%

2008/09

132

0%

2009/10

255

6%

2010/11

111

23%

2011/12

0

0%

SANParks Internship programme has focussed in the past on two areas i.e. Conservation and Tourism, and later included support functions, hence the increase in numbers. The absorption of the interns has been limited to the number of funded vacancies available, hence the small number absorbed. We did not cater for Water plant Superintendents, Engineers.Only Science Technicians were catered for under Conservation services.

LEARNERSHIPS

YEAR

NUMBER OF LEARNERSHIPS

PERCENTAGE PLACED

2006/07

0

0%

2007/08

139

0%

2008/09

136

0%

2009/10

348

35%

2010/11

17

0%

2011/12

0

0%

WITH REGARD TO THE DEPARTMENT OF WATER AFFAIRS, THE MINISTER ANSWERS AS FOLLOWS:

(a) No, the Department graduate programme has not specifically focused on climate change specialist per se, but on environmental management broadly. However one Graduate Trainee is already actively involved in a project through the University of Stellenbosch on the invasion success of alien plants under global climate change.

(b) Yes, there is a total of 19 graduate trainees within the water care; and waters and sanitation disciplines.

(c) Yes, a total of 22 graduate trainees are within the engineering field (i.e. Civil, Mechanical and Electrical Engineers).

(d) Yes, there is a total of 71 graduate technician trainees in respect of technicians.

(i) Below is a list of success the Department recorded;

· Overall, in environmental management 67 graduates' trainees;

· 19 Graduate Trainees of which 10 are within the water care and 9 in the water and sanitation disciplines;

· a total of 22 Engineers Graduate Trainees qualified of which 11 are within Civil, 7 in Mechanical and 4 in Electrical Engineers; and

· a total of 71 graduate trainees of which 62 Qualified as Civil, 5 Mechanical and 4 Electrical Engineering Technologists and Technicians.

(ii) None have been recruited by the Department yet as this is a long term (up to 5 years) that started in 2007 and the first group will be absorbed into core, critical and scarce skills posts within the Department.

· The first group of 43 Graduate Trainees has been identified to be absorbed into candidate engineering and engineering technologist and technicians posts in line with Occupational Specific Dispensation (OSD). This will be affected from the 1st of April 2011;

· Two Graduate Trainees have submitted applications for professional registration as Engineers with the Engineering Council of South Africa (ECSA). The outcome is expected in June 2011;

· Five Graduate Trainees has already received their professional registration with the South African Council for Natural Science Professionals (SACNASP) and is currently been considered for full time appointments within the Department. A further 18 Graduate Trainees has submitted their application for professional registration and their registration is pending as SACNASP will consider applications only in March 2011 again; and

· One Graduate Trainee is ready to submit application for professional registration as a Surveyor with PLATO, the professional council for surveyors.

In addition it should be noted that:

The Learning Academy is a technical and scarce skills development programme which was initiated in 2007 as a response to the specific skills shortage challenge affecting both the Department and the national water sector. It represents an investment in sustaining quality in Department of Water Affairs' (DWA) human resources, thereby ensuring that in the long term, the DWA will remain competitive and be able to deliver on its mandate.

The Learning Academy programme is designed to meet specific organizational requirements, lead a sustained campaign to secure a steady supply of high-level skills in water-related science, engineering, and technical disciplines in order to meet projected demand within DWA and the water sector as a whole.

The Learning Academy responds to the imperatives mentioned with a dual focus by addressing both the academic and professional development components that will provide aspiring engineers, scientists and technicians the opportunity to be exposed to real-time professional experiences and valuable work experience.

A total of 350 bursaries have been granted since 2007 to learners at the identified Institutions of Higher Learning. Of these bursars, 211 have joined the Learning Academy's Professional Development Component.

By December 2010, 103 Learner Interns had successfully completed their experiential training with the Learning Academy. A new group of 36 Engineering Learner Interns joined the Learning Academy in January 2011 and is presently busy with their specific structured training programmes.

In total, 241 Graduate Trainees joined the programme by February 2011 and all of them have been placed successfully with a mentor in the various Directorates and regional offices within the Department.

QUESTION NO 352

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 18 FEBRUARY 2011

(INTERNAL QUESTION PAPER NO. 02)

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

As at the latest specified date for which information is available, (a) what is the (i) total amount of money owed by municipalities to all water boards and (ii) breakdown of this figure according to (aa) current debt and (bb) debt in arrears and (b) how (i) much money is owed by each municipality to each water board and (ii) how is the figure for each municipality broken down according to (aa) current debt and (bb) arrears? NW377E

---00O00---

REPLY:

(1)(a)(i) R1 709, 309, 194

(1)(a)(ii)(aa) R 769, 739, 415

(1)(a)(ii)(bb) R 939, 569, 779

(1)(b)(i) Refer to Annexure A.

(1)(b)(ii)(aa) Refer to Annexure A.

(1)(b)(ii)(bb) Refer to Annexure A.

QUESTION NO 349

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 18 FEBRUARY 2011

(INTERNAL QUESTION PAPER NO. 02)

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

Whether any directives have been issued against Dipaleseng Municipality for transgressing the National Water Act, Act 36 of 1998; if not, why not; if so, in each case, (a) why was the directive issued, (b) what are the terms of the directive and (c) what has been the response of the municipality to the directive at the latest specified date for which information is available? NW374E

REPLY:

(1) Yes, a directive was issued on 24 February 2011 against the Dipaleseng Municipality for transgressing section 19 of National Water Act, 1998 (Act No. 36 of 1998).

(1)(a) The Dipaleseng Municipality failed to provide the Department with an action plan on how they will address specific issues around pollution emanating from their wastewater treatment works in the short, medium and long term, including specific timeframes on each action.

(1)(b) The terms of the directive required the Dipaleseng Municipality to:

· Immediately implement measures to mitigate and prevent the occurrence of pollution incidents;

· Discharge treated wastewater that meets the General Standards of the Department; and

· Submit a detailed action plan to the Department to turn around the situation of non-compliance.

(1)(c) The Department has afforded the Dipaleseng Municipality the opportunity to respond to the directive within seven days from the receipt date of the directive, which is
3 March 2011. At the time of responding to this parliamentary question, there had been not feedback from the Dipaleseng Municipality

QUESTION NO 347

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 18 FEBRUARY 2011

(INTERNAL QUESTION PAPER NO. 02)

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

(1) Since her reply to question 1602 on 8 June 2010, what are the (a) names and (b) locations of mines operating without valid water licence;

(2) what, with reference to her reply to question 1602 on 8 June 2010, has been the progress of mines operating without water licences at the time of her reply with regard to their (a) applying for and (b) being granted water licences;

(3) whether she has taken any steps to ensure that mines operating without water licences obtain water licences; if not, why not; if so, what steps;

(4) whether any further (a) directives or (b) pre-directives have been issued against the mines operating without water licences in terms of the National Water Act, Act 36 of 1998; if not, why not; if so, what are the relevant details;

(5) when is it envisaged that all mines will be operating with valid water licences? NW372E

REPLY:

(1)(a)(b) The names of mines operating without a license are provided in Table 1 as well as the respective provinces, whether these mines have applied for a license and the status of the license.

(2)(a) The progress of mines operating without water licences at the time of her reply with regard to their (a) applying for is provided in Table 2.

(b) The names of mines that have been granted water licences since 8 June 2010 are provided in Table 3.

(3) Yes, my Department has embarked on a special initiative, the Letsema Project, to expedite the process of issuing of Water Use Licences. The aim of this project is to eradicate backlog(s) in mining and all other Water Use Licence applications.

(4)(a)(b) A total of (a) Four Pre-Directives and (b) Two Directives were issued to date.

Name of mining company

Location of Mine

Water LICENSE applied for (Yes/No)

Status

PRE – DIRECTIVES ISSUED

Nkomati Anthracite

Mpumalanga

Yes

Contravention of License conditions

Black wattle Colliery

Mpumalanga

Yes

Contravention of License conditions

Xstrata plc Boschmans Colliery

Mpumalanga

Yes

Contravention of License conditions

New Vaal Colliery

Gauteng

Yes

Contravention of License conditions

DIRECTIVES ISSUED

New Vaal Colliery

Gauteng

Yes

Contravention of License conditions

Uitkomst Colliery

KwaZulu-Natal

Yes

Outstanding information

(5) There has been a concerted effort to ensure that the licensing process is fast tracked, coupled with a review of the licenses process. There has been an urgent need to group licenses per sector and further reprioritize license applications which are of strategic nature across the sectors. In this regard, the Mining and Energy sector (Eskom) are given high priority in that the specific focus has been given to Eskom license applications for energy generation. This includes the prioritization of applications for coal mines as feeders to power generation for Eskom. The aim is to ensure that all applications are dealt with by end October 2011, subject to the submission for all required information by clients.

QUESTION NO. 393

INTERNAL QUESTION PAPER NO.2 NW427E

DATE OF PUBLICATION: 18 February 2011

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

(1) Whether her department has approved the use of neonicotinoid insecticides produced by a certain company (name furnished); if not, what is the position in this regard; if so, what are the relevant details;

(2) whether her department has been informed of the research done by a certain person (name furnished) alerting users of the danger of this insecticide to bee colonies in particular; If not, why not; if so,

(3) whether her department will suspend the company's sale of the product until further research is completed; if not, what is the position in this regard; if so, (a) when and (b) what are the further relevant details?

Mrs H N Ndude (Cope)

SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

393. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

The Department of Agriculture, Forestry and Fisheries (DAFF) through the Fertilisers, Farm Feeds, Agricultural Remedies and Stock Remedies Act of 1947 (Act No 36 of 1947) is the national registrar of fertilizers, farm feeds, agricultural remedies, stock remedies, sterilizing plants as well as pest control operators. That Department therefore regulates the import, sale, acquisition, use and disposal of these substances in the country. The insecticide in question is an agricultural remedy that should be controlled through the above-mentioned Act. A more comprehensive report to the detailed questions above can be obtained from the DAFF.

QUESTION NO. 271 INTERNAL QUESTION PAPER NO. 2 NW292E

DATE OF PUBLICATION: 18 February 2011

Mrs D A Schäfer (DA) to ask the Minister of Water and Environmental Affairs:

(1) How many documents have (a) her (i) ministry and (ii) departments and (b) any (i) institution or (ii) agency which receives transfers from her departmental budget classified as (aa) top secret, (bb) secret, (cc) confidential and (dd) restricted under the provisions of the Minimum Information Security Standards that were adopted by the Cabinet on 4 December 1996 in the (aaa) 2005-06, (bbb) 2006-07, (ccc) 2007-08, (ddd) 2008-09 and (eee) 2009-10 financial years;

(2) what is the (a) name and (b)(i) rank or (ii) employment level of the official who decided on the classification at each specified public body?

Mrs D A Schäfer (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

271. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

1. These are matters relating to State Security a more detailed response may be provided to the Joint Standing Committee on Intelligence (JSCI)

2. These details requested here are set out in the Minimum Information Security Standards (MISS)

QUESTION NO. 267 INTERNAL QUESTION PAPER NO. 2 NW288E

DATE OF PUBLICATION: 18 February 2011

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

(1) Whether her department has, at any time since 1 January 2010, requested that a certain company (name furnished), an applicant for a boat-based whale watching licence, remove any reference to it being able to conduct boat-based whale watching from its own or any other website; if so, what are the relevant details; if not, why not;

(2) whether her department has permitted the said company to amend any material defects or exclusionary factors in their application after submission of the application during the most recent round of applications; if not, why not; if so, how is this justified;

(3) whether any other applicants were permitted to amend any material defects or exclusionary factors in their applications after submission; if not, why not; if so, how is this justified;

(4) whether, with reference to her reply to question 1815 on 24 June 2010, and since the application by a certain company (name furnished) during the most recent round of applications, the said company was considered for approval of a licence since one of the owners (name furnished) is an employee of SANParks; if not, what is the position in this regard; if so, how is this justified?

Mr M J Ellis (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

267. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) No. The department did not request the applicant to remove reference to it being able to conduct boat-based whale watching (BBWW) on its own or any other website. It was not necessary.

(2) Yes, like for all other companies, the department gave the said company an opportunity to submit outstanding information/documents during the first round of the allocation process as well as during the appeals process. This permit allocation process differs from a tender process in that it allows appellants to supplement their applications on appeal. Numerous applicants had not submitted essential/material documents, which would have made it impossible to award permits in certain areas. In addition, on appeal, appellants are also allowed in terms of the law to rectify defects in applications.

(3) Yes. The said company was permitted to amend any material defects or exclusionary factors in their application after submission. All applicants were permitted to amend material defects or exclusionary factors in their applications after submission. Numerous applicants had not submitted essential/material documents which would have made it impossible to award permits in certain areas. In addition, on appeal appellants are also allowed in terms of the law to rectify any defects in their application.

(4) Yes. The company was provisionally awarded a BBWW permit in May 2010 subject to the outcome of the appeals process. Subsequently the department received information that the said company had a shareholder who was an employee of SANParks. The department advised the company that this could potentially create a conflict of interest linked to enforcement of permit conditions in this sector by SANParks. The department was later informed that the SANParks employee was withdrawn from the company and his shareholding was formally taken over by another person. This new ownership was submitted as part of the company's appeal for consideration by the Minister.

QUESTION NO 260

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 18 FEBRUARY 2011

(INTERNAL QUESTION PAPER NO. 02)

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

(1) Whether she has been informed of the fish kills in the Blaaubankspruit that occurred within the first two weeks of January 2011; if so, what are the relevant details; if not,

(2) whether she will investigate whether the current increase in the decant of acid mine drainage on the West Rand is the cause of the specified fish kills; if not, why not; if so, what are the relevant details? NW281E

---00O00---

REPLY

(1) Yes, on 13 January 2011, a fish kill incident was reported to the Department's Regional Office: Gauteng. Upon investigating the matter on the same day, large carp (Cyprinus sp.) were found dead in a private dam on the farm Sterkfontein in the Krugersdorp area. The dam receives water from the Blaauwbank Spruit.

(2) Yes, water samples from the dam were analysed on 13 January 2011 and the results showed elevated levels of nitrates and ammonia. These conditions are known to be detrimental to fish health as it depletes the oxygen level in the water. Ammonia and nitrate are strongly associated with sewage effluent and the elevated levels may therefore be linked to a sub-standard discharge from the Percy Stewart Wastewater Treatment Works into the Blaauwbank Spruit (upstream of the dam) which is currently being upgraded. The impact of acid mine drainage is therefore not considered as the cause of the fish kill.

QUESTION NO. 259 INTERNAL QUESTION PAPER NO. 2 NW280E

DATE OF PUBLICATION: 18 February 2011

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

(1) What quantity of Panthera leo was exported in the years (a) 2009 and (b) 2010 under provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) in the categories (i) live, (ii) skins, (iii) bones, (iv) trophies, (v) specimens, (vi) bodies and (vii) skulls;

(2) what quantity of Panthera pardus was exported in the years (a) 2009 and (b) 2010 under provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) in the categories (i) live, (ii) skins, (iii) bones, (iv) trophies, (v) specimens, (vi) bodies and (vii) skulls;

(3) what quantity of Panthera tigris was exported in the years (a) 2009 and (b) 2010 under provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) in the categories (i) live, (ii) skins, (iii) bones, (iv) trophies, (v) specimens, (vi) bodies and (vii) skulls;

(4) what quantity of Panthera tigris altaica was exported in the years (a) 2009 and (b) 2010 under provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) in the categories (i) live, (ii) skins, (iii) bones, (iv) trophies, (v) specimens, (vi) bodies and (vii) skulls;

(5) what quantity of Panthera tigris tigris was exported in the years (a) 2009 and (b) 2010 under provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) in the categories (i) live, (ii) skins, (iii) bones, (iv) trophies, (v) specimens, (vi) bodies and (vii) skulls? NW280E

Mr M J Ellis (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

259. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) (a) Panthera leo (2009)

Province

NW

LP

FS

WC

NC

GP

MP

EC

KZN

TOTAL

(i) Live

13

4

44

2

0

26

0

2

30

121

(ii) Skins

20

21

23

6

4

8

0

42* Skull & Full Skins and Full Cape & Skull

7

131

(iii) Bones

92 Carcasses

42

14 floating bones

0

4

0

0

0

4

156

(iv) Trophies

642

37

16

2

1

37

1

4 full mount

1

741

(v) Specimens

0

0

0

0

0

0

70

Micro centrifuge tube extracted DNA

0

0

70

(vi) Bodies

4

0

0

0

0

0

0

0

0

4

(vii) Skulls

0

33

29

0

1

11

0

42* Skull & Full Skins & Full Cape

6

122

*Eastern Cape combine Skulls & Skins in terms of categories

(b) Panthera leo (2010)*

Province

NW

LP

FS

WC

NC

GP

MP

EC

KZN

TOTAL

(i) Live

56

Data not captured

81

Data not captured

0

Data not captured

0

Data not captured

16

153

(ii) Skins

23

15

2

0

6

46

(iii) Bones

235

(Carcasses)

1363

20 floating bones

(390 teeth 495 nails)

2 floating bones

0

3

1623

(iv) Trophies

576

14

1

0

1

592

(v) Specimens

0

0

0

0

0

0

(vi) Bodies

43

0

0

0

0

43

(vii) Skulls

6

34

1

0

0

41

*CITES reports for 2010 will only be submitted on 31 October 2011, therefore provinces have not captured information on all permits issued during 2010.

(2) (a) Panthera pardus (2009)

Province

NW

LP

FS

WC

NC

GP

MP

EC

KZN

TOTAL

(i) Live

0

60

1

1

0

0

0

0

0

62

(ii) Skins

0

51

0

0

0

9

0

9

2

71

(iii) Bones

0

2

0

0

0

0

0

0

0

2

(iv) Trophies

10

18

2

0

3

16

2

7 full mount

0

58

(v) Specimens

0

0

0

209 hair samples

0

0

0

0

0

209

(vi) Bodies

0

0

0

0

0

0

1

0

0

1

(vii) Skulls

0

58

0

0

0

19

1

11

1

90

(b) Panthera pardus (2010)*

Province

NW

LP

FS

WC

NC

GP

MP

EC

KZN

TOTAL

(i) Live

0

Data not captured

1

Data not captured

0

Data not captured

0

Data not captured

0

1

(ii) Skins

0

3

0

0

3

6

(iii) Bones

0

0

0

0

1

1

(iv) Trophies

8

1

1

0

0

10

(v) Specimens

0

0

0

0

0

0

(vi) Bodies

0

0

0

0

0

0

(vii) Skulls

0

0

0

0

5

5

*CITES reports for 2010 will only be submitted on 31 October 2011, therefore provinces have not captured information on all permits issued during 2010.

(3) (a) Panthera tigris (2009)

Province

NW

LP

FS

WC

NC

GP

MP

EC

KZN

TOTAL

(i) Live

0

0

4

1

0

0

0

0

5

10

(ii) Skins

1

0

1

0

0

0

0

0

0

2

(iii) Bones

0

0

0

0

0

0

0

0

0

0

(iv) Trophies

0

0

0

0

0

0

0

0

0

0

(v) Specimens

0

0

0

0

0

0

0

0

0

0

(vi) Bodies

0

0

0

0

0

0

0

0

0

0

(vii) Skulls

0

0

1

0

0

0

0

0

0

1

(b) Panthera tigris (2010)*

Province

NW

LP

FS

WC

NC

GP

MP

EC

KZN

TOTAL

(i) Live

0

Data not captured

0

Data not captured

0

Data not captured

0

Data not captured

1

1

(ii) Skins

0

0

0

0

0

0

(iii) Bones

0

0

0

0

0

0

(iv) Trophies

0

0

0

0

0

0

(v) Specimens

0

0

0

0

0

0

(vi) Bodies

0

0

0

0

0

0

(vii) Skulls

0

0

0

0

0

0

*CITES reports for 2010 will only be submitted on 31 October 2011, therefore provinces have not captured information on all permits issued during 2010.

(4) (a) Panthera tigris altaica (2009)

Province

NW

LP

FS

WC

NC

GP

MP

EC

KZN

TOTAL

(i) Live

0

0

0

0

0

0

0

0

0

0

(ii) Skins

1

0

0

0

0

0

0

0

0

1

(iii) Bones

0

0

0

0

0

0

0

0

0

0

(iv) Trophies

0

0

0

0

0

0

0

0

0

0

(v) Specimens

0

0

0

0

0

0

0

0

0

0

(vi) Bodies

0

0

0

0

0

0

0

0

0

0

(vii) Skulls

0

0

0

0

0

0

0

0

0

0

(b) Panthera tigris altaica (2010)*

Province

NW

LP

FS

WC

NC

GP

MP

EC

KZN

TOTAL

(i) Live

0

Data not captured

7

Data not captured

0

Data not captured

0

Data not captured

1

8

(ii) Skins

0

2

0

0

0

2

(iii) Bones

0

0

0

0

0

0

(iv) Trophies

0

0

0

0

0

0

(v) Specimens

0

0

0

0

0

0

(vi) Bodies

0

0

0

0

0

0

(vii) Skulls

0

1

0

0

0

1

*CITES reports for 2010 will only be submitted on 31 October 2011, therefore provinces have not captured information on all permits issued during 2010.

(5) (a) Panthera tigris tigris (2009)

Province

NW

LP

FS

WC

NC

GP

MP

EC

KZN

TOTAL

(i) Live

14

0

0

0

0

0

0

0

0

14

(ii) Skins

0

0

0

0

0

0

0

0

0

0

(iii) Bones

0

0

0

0

0

0

0

0

0

0

(iv) Trophies

0

0

0

0

0

0

0

0

0

0

(v) Specimens

0

0

0

0

0

0

0

0

0

0

(vi) Bodies

0

0

0

0

0

0

0

0

0

0

(vii) Skulls

0

0

0

0

0

0

0

0

0

0

(b) Panthera tigris tigris (2010)*

Province

NW

LP

FS

WC

NC

GP

MP

EC

KZN

TOTAL

(i) Live

1

0

0

0

0

0

0

0

0

1

(ii) Skins

1

0

0

0

0

0

0

0

0

1

(iii) Bones

0

0

0

0

0

0

0

0

0

0

(iv) Trophies

0

0

0

0

0

0

0

0

0

0

(v) Specimens

0

0

0

0

0

0

0

0

0

0

(vi) Bodies

0

0

0

0

0

0

0

0

0

0

(vii) Skulls

0

0

0

0

0

0

0

0

0

0

*CITES reports for 2010 will only be submitted on 31 October 2011, therefore provinces have not captured information on all permits issued during 2010.

QUESTION NO 252

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 18 FEBRUARY 2011

(INTERNAL QUESTION PAPER NO. 02)

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

(1) Whether a certain company (name furnished) operating a waste oil refinery in Cato Ridge, KwaZulu-Natal, has a water licence; if not, what is the position in this regard; if so, what are the relevant details;

(2) whether she has been informed that the company has been discharging water contaminated by oil into a stream in the vicinity of its operation; if so, what are the relevant details; if not,

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

(4) whether any (a) notices of compliance or (b) directives have been issued against the company for any pollution events emanating from its site of operation; if not, why not; if so, what are the relevant details? NW273E

---00O00---

REPLY:

(1) No, the company does not have a water use license as the activity falls outside the National Water Act, 1998 (Act No. 36 of 1998). However, the company is required to have a waste license under the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008).

(2) Yes, on 11 January 2011, the Department was informed that the company was discharging water contaminated by oil. On 17 January 2011, officials from the Department were deployed on site to investigate the matter. It was noted that the discharge was in fact a spillage that had occurred during operations and the spillage has since been cleaned up by the company no further spillages have been noted during two subsequent inspections on 28 January 2011 and 10 February 2011.

(3) The operations were visited on three occasions as follows:

· Two officials from the Department together with Cllr Jean Lindsay (a local Councilor from the Democratic Alliance) visited the site on 17 January 2011. It was noted that the clean-up of the spillage had already been undertaken by the company.

· The two officials from the Department and officials from the KwaZulu-Natal Provincial Department of Agriculture, Environment Affairs and Rural Development and the eThekwini Metropolitan Municipality visited the site on 28 January 2011.

· The two officials from the Department together with officials from the Department of Environmental Affairs visited the site on 10 February 2011.

(4)(a) Upon learning of the spillage the eThekwini Municipality as the "relevant authority" in terms of section 30 of the National Environmental Management Act, 1998 (Act No. 107 of 1998) has issued a notice and has also advised the Department that the company will be fined under the eThekwini Municipality's by-laws.

(4)(b) No directives have been issued to the company by the Department as the spillage had already been adequately cleaned at the time of inspection. The Department of Environmental Affairs is currently in the process of reviewing the information obtained during the investigation on 10 February 2011.

---00O00---

QUESTION NO 246

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 18 FEBRUARY 2011

(INTERNAL QUESTION PAPER NO. 02)

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

(1) Whether any disciplinary action were taken against two persons (names and details furnished), both of whom were placed on precautionary suspension on 1 November 2010 pending an investigation; if not, why not; if so, what are the relevant details;

(2) Whether any other senior staff members have been suspended since 1 November 2010; if not, why not; if so, what are the relevant details;

(3) Whether a certain person (name furnished) has been blacklisted on the Persal system following her dismissal; if not, why not; if so, what are the relevant details;

(4) Whether the person's appeal to the General Public Service Bargaining Council following her dismissal has been concluded; if not, why not; if so, what are the relevant details? NW267E

REPLY:

(1) Both employees were formally charged with misconduct. Their disciplinary processes commenced on 4 and 5 February 2011, respectively. Proceedings are continuing in this regard.

(2) Yes, a Senior Manager (name and details furnished) was suspended on 15 December 2010. The suspension relates to the Auditor General's report. Formal charges are currently being finalised. The disciplinary process will commence in due course.

(3) I am not certain what "blacklisted on persal system" means however; the normal administrative process of dismissal and termination has been effected on persal.

(4) A dispute has been lodged at the appropriate bargaining council (General Public Service Bargaining Council). The incumbent's contract of employment came to an end at the end of February 2011.

QUESTION NO. 198 INTERNAL QUESTION PAPER NO. 1 NW215E

DATE OF PUBLICATION: 11 February 2011

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

Whether her department is taking any decisive measures to cause a reduction in Cape Town's per capita carbon emissions which are higher than those of London; if not, why not; if so, what are the relevant details?

Mrs H N Ndude (Cope) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

198. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

It is of paramount importance to note that the reduction of carbon emissions will be effective when implemented worldwide, with contributions by countries and localities. No single country or provincial action alone will ever make any difference. It is therefore for the same reason that our country's approach is to engage and work globally so that the entire world can make commitments. Our South African commitment is 34% by 2020 and 42% by 2025 deviation from Business As Usual subject to means of implementation. This would mean that each province, each industrial sector and each individual will have to take individual actions. Our focus are thus sectoral and individual companies.

The Department has over the past few months initiated a National Climate Change Policy development process which seeks to promote a reduction in carbon and other greenhouse gas emissions from various sectors of the South African economy with a view to mitigating climate change in the country. These include among others the mitigation of greenhouse gases from the energy sector, which is the largest contributor to carbon emissions in South Africa, through the promotion of energy efficiency measures, cleaner technologies and industry.

In addition, the policy will lead to the introduction of the use of market-based instruments such as an escalating carbon tax to encourage the internalization of the costs of climate change while ensuring the diversification of our energy mix. The policy will also ensure the promotion of an enabling environment to encourage development of renewable energy industries in the country, as well as electricity savings at the point of consumption. All these measures will in the medium to long term ensure a drastic reduction in carbon emissions.

I am also advised that the City of Cape Town has a strategy to reduce total emissions from all sectors. Consequently more detailed information can be requested from the city of Cape Town.

QUESTION NO. 197 INTERNAL QUESTION PAPER NO. 1 NW214E

DATE OF PUBLICATION: 11 February 2011

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

Whether the Government plans to lead by practical example in respect of unresolved issues regarding climate change in preparation for COP 17 that will be held locally from 28 November to 9 December 2011; if not, why not; if so, what strategy is in place to ensure that South Africa will be seen as the leader on the continent regarding climate change issues?

Mrs H N Ndude (Cope) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

197. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

Honourable member will recall that the 16th Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC COP 16) and the 6th Meeting of the Parties to the Kyoto Protocol (CMP 6) was held in Cancun, Mexico in December 2010. The Cancun Conference has in essence set the agenda for a process leading to Durban.

The Cancun decisions have 3 types of outcomes;

· Capturing and reflecting agreement that has been reached in the negotiations thus far (e.g. to establish a Green Climate Fund or the Cancun Adaptation framework).

· Where necessary, setting up a process to elaborate the governance and operational modalities/procedures of the agreed outcome (e.g. modalities for the transitional committee of the Green Climate Fund or the Adaptation Committee).

· Thirdly, for elements that do not yet have full agreement among Parties to forward these for further work to either the Adaptation Working Group (AWG's) or the Subsidiary Bodies of the UNFCCC for consideration at COP 17/CMP 7.

The question falls in the third category. The issues that Cancun did not address relate to the legal form/outcome of the negotiations, Second Commitment to the Kyoto Protocol and issues of equity. That is, are we negotiating the two treaty outcome, single treaty outcome, etc? This is a political issue and depends on the negotiating partners.

What is apparent is that the US is not ready to enter into any treaty agreement due to the lack of domestic legislation. On the other hand Japan and Russia are not prepared to enter into any Second Commitment Period under the Kyoto Protocol. It is for these reasons that Cancun could not pronounce on the issue of legal form, equity and Second Commitment Period under the Kyoto Protocol.

Against this background South Africa has developed a strategy to lay a solid foundation for the resolution of these issues either in Durban or beyond.

This strategy involves:

· A comprehensive and inclusive informal consensus building preparatory process among negotiating blocks and regions at political and technical levels and including the concerns of major stakeholder grouping. The first 3 months of the year will require listening to countries and stakeholder to identify their expectation for the COP 17/CMP 7 outcome and what their perceptions of key difficulties which will inform the content of the informal consultation for the rest of the year.

· A programme of bi-lateral shuttle diplomacy to explore potential compromises among contending parties.

· A comprehensive and coherent communication strategy at both national and international levels.

Mobilisation of national stakeholders to use the opportunity to raise awareness and showcase South Africa and thereby create a national legacy from the event.

NATIONAL COUNCIL OF PROVINCES

(For written reply)

QUESTION NO. 192 INTERNAL QUESTION PAPER NO. 12 CW264E

DATE OF PUBLICATION: 21 April 2011

Mr T B Beyleveldt (DA-WC) to ask the Minister of Water and Environmental Affairs:

What (a) is her department's annual contribution towards the budget of the National Sea Rescue Institute and (b) plans are in place to (i) support and (ii) develop this strategic institution?

Mr T B Beyleveldt (DA-WC) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

192. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(a) No, the department does not make contributions towards the annual budget of the National Sea Rescue Institute.

(b) Not Applicable

(i) Not Applicable

(ii) Not Applicable

QUESTION NO 160

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 10 FEBRUARY 2011

(INTERNAL QUESTION PAPER NO. 01)

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

(1) (a) What policies inform the management of percentage capacity of dams and (b) when were these policies implemented;

(2) whether there have been any changes in policies that govern the management of the percentage capacity of dams since 1 January 2008 in order to actively condone exceeding capacity for the purposes of storing more water; if not, why not; if so, what are the relevant details;

(3) hether she will review the policies that govern the management of the percentage capacity of dams in light of the (a) recent floods and (b) likelihood that under the impacts of future climate change the frequency and intensity of floods is predicted to increase; if not; why not; if so, when;

(4) whether she will institute an inquiry into the management of the Vaal Dam during the recent floods; if not, why not; if so, what are the relevant details;

(5) whether her department has learnt any lessons from the management of the Vaal Dam during the recent floods that will inform future management practices; if not, why not; if so, what are the relevant details? NW173E

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REPLY:

(1)(a) The management of water storage is not informed by any policy but by operating rules that are specific for each dam. These operating rules govern how much water must be stored or released taking into account the water allocation requirements and flooding risks.

(1)(b) The implementation of operating rules is a continuous process that depends on the hydrological conditions in the catchment.

(2) There has been no change in the approach to dam operation. Instead, operating rules are reviewed in line with hydrological and development trends in the catchment. However, the operations aim to ensure that at the end of the rainy season, the dams should be storing possible maximum volume of water.

(3)(a) The Department is continuously reviewing operating rules depending largely on the hydrological conditions/events in the catchment - like future climate change.

(3)(b) The dam operating rules are specific for each and are reviewed in line with development trends, frequency and intensity of floods and drought in the specific catchment.

(4) There is no need for the inquiry since these were only floods of a medium magnitude which were handled quite adequately by the flood management team. All outflow peaks were less than the inflow peaks and the recurrence period of the highest Vaal Dam inflow peak was less than 20-years. The Vaal Dam outflow peak of 2400 m3/s was only 80% of the inflow peak.

(5) Yes, the Department has been communicating effectively during the recent floods to those affected and farmers and blomhof areas NC areas, who met during the floods also volunterly infomed me in a meeting that they were receiving adequeate and information. We do continue to lear as we listen to any further matter or innovation raised subject to hydrological scientifically determined as refer to above.

NATIONAL COUNCIL OF PROVINCES

FOR WRITTEN REPLY

QUESTION NO 159

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 01 APRIL 2011

(INTERNAL QUESTION PAPER NO. 10)

159. Mr D B Feldman (COPE-Gauteng) to ask the Minister of Water and Environmental Affairs:

Whether her department will investigate the (a) claims of sewage flowing into the Mooikloof dam in Pretoria-East and (b) inability of the Kungwini Local Municipality to effectively address this issue; if not, what is the position in this regard; if so, what are the relevant details? CW196E

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REPLY:

(a) Yes, upon receipt of a complaint regarding sewer spillage in the Mooikloof area, the Department investigated the matter on 11 March 2011 and noted raw sewage overflowing from a local pump station. The Department subsequently engaged the Kungwini Local Municipality and learnt that there is currently a dispute regarding the ownership and maintenance of the pump station. Thus far, there is no signed agreement between the Municipality and the Developer of the Mooikloofridge Estate regarding the maintenance of the infrastructure as the Municipality is currently waiting for the Developer to attend to specification related issues of the pump station. In the meantime, the Mooikloofridge Estate has rectified the situation pending the Department's facilitation process for clarifying the resolutions of roles and responsibilities between the Municipality and the Developer.

(b) Falls away.

QUESTION NO 158

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 10 FEBRUARY 2011

(INTERNAL QUESTION PAPER NO. 01)

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

(1) With reference to the Vaal Dam hydrograph for the period 30 December 2010 to 20 January 2011 (details furnished), why was the dam on 30 December 2010 already permitted to be over 100% capacity when weather forecasts at the time predicted the likelihood of increased rainfall in the period going forward;

(2) why was the capacity of the dam permitted to exceed 102% between 1 January 2011 and 3 January 2011 without any adjustment in the outflow from the dam;

(3) why was the rapid escalation in outflow from the dam that was permitted between 5 January 2011 and 7 January 2011 not started earlier in order to reduce the peak of the outflow;

(4) what are the (a) names and (b) designations of all persons involved in the management of the percentage capacity of the dam during the above period;

(5) whether she was personally briefed by her officials during the above periods on (a) the changing percentage capacity of the dam and (b) the management of the outflow during this period; if not, why not; if so, what are the relevant details? NW171E

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REPLY:

The "management" of floods in the Vaal/Orange River system is carried out in terms of a Technical Guide which is the result of more than 30 years of hands on action, experience and development in the flood management and flood forecasting of the Vaa/Orange River System a very large catchment, half the size of South Africa.

This Guide combines existing institutional memory and experience into a document which is used during a flood event and also to develop and train knowledgeable people in order to enable flood managers to correctly apply the basic principles of flood management without much practical experience of the real situation. During a flood event the Flood Management Office collects substantial real time and forecasted data which is processed, analysed and fed into the flood routing system to enable the Flood Management Personnel to make decisions on releases of water from those dams which have controlled spillways and also to provide the Disaster Management Centers (National and Provincial) with accurate information regarding the stage of the river system.

The training and development of knowledgeable hydrologists, technicians and engineers in flood management takes many years mainly for 2 reasons:

· It takes 10 years or longer to know and understand the behavior of each river and flow gauging stations in the catchments. This will enable the person to distinguish between correct and incorrect real time data vital for immediate decision making during a crisis situation.

· To solve a hypothetical flood routing problem during training in office differs very much from the real world situation. Training in the real world situation does not happen frequently, for example since 1988 there have only been 4 major floods experienced (1988, 1996, 2010 and 2011).

The main objectives of flood management are:

· Ensuring the safety of the structure and therefore human life;

· Minimisation of damage. (The emphasis will be on optimal utilisation of dams and rivers in the system to reduce peak flows and not necessarily on the optimum operation of each dam individually); and

· Ensuring that the dams are 100% full at the end of the flood event.

River flow in South Africa is monitored with the help of various telemetry systems receiving flow and rainfall data from more than 450 gauging stations. The data is transmitted from the different flow gauging stations via different communication links, including satellite, to the Flood Management Room in Pretoria and the Disaster Recovery Center at Vaal Dam. The real time flow and stage data is then used as input to the flood routing model.

The maintenance of the South African Real Time Data System is a major task. Skilled hydrologists, technicians and engineers are used for maintaining the hard and software of the system. During flood situations a wide network of both people and technology is put into action. The crucial first step is the gathering of accurate information about rainfall and runoff in the catchment areas of the rivers and the storage levels and inflows into dams.

Rainfall / Runoff prediction models are used mainly during the period just after the rainfall event before runoff reaches the gauging stations in the rivers.

This gives an early indication of expected flows and volumes that will reach the dams. Rainfall, weather patterns and forecasts are regularly monitored to get a clear picture of what has happened up to now (rainfall), what is happening now (present rainfall areas and intensities by monitoring satellite images and radar) and what will happen in the next few days (short and medium term weather forecast).

(1) Previous experiences have taught that it would be irresponsible to act on weather forecasts alone as they serve to place the Department on alert. The Department reacts on measured rainfall and flows observed at flow gauging weirs in our rivers. This gives a safe window of between two and three days before the water reaches the Vaal Dam.

(2) The Vaal dam is one of a number of major dams in the Vaal/Orange River systems which are managed as part of the system during a regional flood event as experienced in January 2011. Decisions are therefore based on the state of the entire system (all dams as well as the stage of the rivers) during such a flood event and not on a single dam in the system. The Vaal cannot therefore be analysed on its own without taking into account the stage of the rivers as well as the state of the other dams in the system.

(3) Falls away.

(4)(a) There are eight officials who are responsible for flood management in the flood management room (details furnished).

(4)(b) The team comprise of the following:

v Two Chief Engineers;

v Three Specialist Engineers;

v Two Production Scientists (Hydrologists); and

v One Senior Software Developer.

(5)(a) Yes, from 24 December 2010 I was kept informed on a daily basis. On 06 January 2011 I visited both the flood management room as well as the Vaal Dam and on 10 January 2011; I conducted an inspection of the Vaal River as far as the confluence with the Orange River at Douglas.

(5)(b) Yes, information regarding the management of the outflow was communicated to me by the management team of the Department on a daily basis

NATIONAL COUNCIL OF PROVINCES

FOR WRITTEN REPLY

QUESTION NO 142

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 18 MARCH 2011

(INTERNAL QUESTION PAPER NO. 8)

142. Mr O de Beer (COPE-WC) to ask the Minister of Water and Environmental Affairs:

(1) Whether there is a secure water supply in the Clanwilliam (a) region and (b) Dam; if not, what is the position in this regard; if so, what are the relevant details;

(2) whether her department will take any steps to ensure that the town is adequately supplied with water; if not, why not; if so, what steps? CW180E

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REPLY:

(1)(a) Yes, the Clanwilliam Dam supplies domestic water to the town of Clanwilliam, industrial water to Namaqua Sands and to more than 11 000 ha of irrigated land with water from a network of canals and by pumping water released from the dam directly from the river. The town has an allocation from the Clanwilliam Dam which is abstracted from a canal. I have approved the raising of the Clanwilliam Dam by 13 meters which will secure more water for the region

(b) The Clanwilliam Dam has an assured yield of 133 million cubic meters per annum. Irrigation supply from Clanwilliam Dam is currently somewhat below the norms advisable for the type of crops farmed in the area. The dam rising will make an additional 70 million cubic meters per year of water available which will improve the supply to irrigation, the town and industry.

(2) It is the responsibility of the Water Service Authority (in this case the Local Municipality) to ensure that the town has an adequate domestic water supply. If the town needs more water the Local Municipality must apply to the Department for a license to abstract more water from the dam or canal

QUESTION NO. 119 INTERNAL QUESTION PAPER NO. 1 NW131E

DATE OF PUBLICATION: 11 February 2011

Mrs D A Schäfer (DA) to ask the Minister of Water and Environmental Affairs:

What (a) statutory provisions, (b) regulations, (c) policy instruments and (d) practices govern the (i) classification, (ii) protection against the release or access, (iii) protection for other purposes such as preservation and (iv) release upon request for access of (aa) documented information and (bb) undocumented information held by (aaa) her departments or (bbb) any other entities who receive budgetary transfers from her departments?

Mrs D A Schäfer (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

119. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(aaa) Department of Environmental Affairs

Statutory provisions and policies governing the classification of documented information held by the state

· National Strategic Intelligence Act, 1994 (Act No. 39 of 1994).

· Minimum Information Security Standards (MISS), which was approved by Cabinet on 04 December 1996 as a National Information Security policy, established in terms of National Strategic Intelligence Act, 1994(Act No. 39 of 1994).

Statutory provisions, regulations and policies governing the protection against the release or access of documented information

· Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (PAIA). Chapter 4 of PAIA deals with the grounds for refusal of information.

· National Strategic Intelligence Act, 1994 (Act No. 39 of 1994). (section 6(1)(a)).

· Minimum Information Security Standards (MISS), which was approved by Cabinet on 04 December 1996 as a National Information Security policy, made within the ambit of the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994).

· Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002) (Chapters VIII and IX).

· Public Service Regulations, 2001 (Chapter 2 C4.12, C5.4 & Chapter 3F).

Statutory provisions, regulations, policy instruments for purposes such as preservation of information

The National Archives and Record Service Act, 1996 (Act No. 43 of 1996) deals with the archiving, preservation and destroying of documents and the Minimum Information Security Standards (MISS) also deals with the storage of classified documents.

National Archives Regulations, published in Government Notice 1458, Gazette 24085 of 20 November 2002.

Section 21 of the Promotion of Access to Information, 2000 stipulates that the officer of a public body must take reasonable steps that are necessary to preserve the record without deleting any information contained in it until the information officer has notified the requester concerned of the decision in terms of Section 25.

Legal Deposit Act, 1997 (Act No. 54 of 1997): According to the Legal Deposit Act the department should deposit one copy of each publication the Department published at the five legal deposit places (including the two national libraries). Copies should also go to the Official Publication Depositories (OPD's).

Legal Deposit Regulations, published in Government Notice R836 in Gazette 18992 of 26 June 1998.

· Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002) (Chapters VIII and IX).

· Public Finance Management Act, 1999 (Act No. 1 of 1999) (Section 55).

Statutory provisions, regulations, policy instruments and practices governing the release of documented information and undocumented information held by the Department or any other entities who receive budgetary transfers from her Departments

· The Constitution of the Republic of South Africa, 1996 (section 32).

· Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (the whole).

· Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000) (sections 3 & 4).

· National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008) (Section 93).

· National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) (section 64).

· National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004) (section 8(c)(vi)).

· National Strategic Intelligence Act, 1994 (Act No. 39 of 1994).

· Minimum Information Security Standards (MISS), which was approved by Cabinet on 04 December 1996 as a National Information Security policy, established in terms of National Strategic Intelligence Act, 1994 (Act No. 39 of 1994).

· Regulations regarding thePromotion of Administrative Justice, published under Government Notice R1022 in Government Gazette 23674 of 31 July 2002, as amended.

· Regulations regarding the Promotion of Access to Information, published under Government Notice R187 in Gazette 23119 of 15 February 2002, as amended.

· Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002) (Chapters VIII and IX).

· Public Service Regulations, 2001 (Chapter 2, C2.9.).

· Public Finance Management Act, 1999 (Act No. 1 of 1999) (Sections 41, 52, 53, 54, 55 & 65).

· Treasury Regulations, 2005 (Regulations 16A.11, 18.2, 21.4, 31.4, 33.3.

· Public Service Act, 1994 (Section 6).

The procedure for the release of documented information is prescribed in terms of sections 15 and 18 of Promotion of Access of Information Act, 2000.

Section 20 of the Promotion of Access to Information Act, 2000 provides for the transfer of requests for information where a record is in the possession and control of another public body.

A number of pieces of legislation make provision for the release of information as part of the consultation and decision-making processes.

The Department has a hotline service through which persons can request general information. The Department is also required to respond to queries received from the President's hotline service.

(bbb) Attached are other entities who receive budgetary transfers from the Department

QUESTION NO ê63

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 13 JUNE 2011

(INTERNAL QUESTION PAPER NO. 16)

ê63. Mrs S V Kalyan (DA) to ask the Minister of Water and Environmental Affairs:

Whether the Water Trading Entity is a defendant in any lawsuits; if not, what is the reason for note 19 in the financial statements of the Department of Water and Environmental Affairs, 2009-10 financial year; if so, what (a) amount has been spent on these lawsuits and (b) are the further relevant details? NO1772E

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REPLY:

Yes, the Department through the Water Trading Entity is a defendant in some lawsuits as indicated in note 19 of the 2009-10 annual financial statement.

(a) The total amount that has been spend on these lawsuits is R 1 086 282.79 representing only the two (2) of the five (5) cases mentioned in note 19 of the 2009-10 annual financial statement. These are the only cases whose legal fees for contingent liabilities had been paid by the State Attorney on behalf of the Department. The reason can be explained as follows:

All government Departments are required to litigate through the office of the State Attorney that pays all legal costs as and when they are submitted by various service providers. The said office then sends invoices with proof of payment to the relevant government Department for re-imbursement. In certain instances, invoices are submitted long after payments had been made to the service providers on behalf of the government department. The above-mentioned figure is based on the invoices received by the department at the time of responding to this parliamentary question.

The Water Trading Entity can be described as a business trading account of the Department. Its main functions include building of dams and other infrastructure necessary for the storage and supply of water to the citizens of the Republic of South Africa as well as selling water. This means that it engages the services of contractors, to assist with the execution of its core business as it does not have all the required expertise in-house.

To ensure that the parties have a common understanding with regard to their responsibilities, each selected contractor performing a service is required to enter into a legally binding contract with the Department. The contracts will have all the terms of the agreement which will also include what has to be done as well as payment provisions. Payments will usually be linked to amongst other things the achievement of certain milestones. However, due to the nature of this relationship, there would be instances where the parties may have differences in the interpretation of the terms of the contract. There may also be clear cases where one party, usually the contractors, may be in breach of contract. Should it happen that all the breach of contract remedies provided for in the contract are to no avail, the last remedy available would always be litigation by one party against another.

(b) To date there are a total of 15 cases involving the Water Trading Entity that are handled by the State Attorney on behalf of the Department. This includes the two (2) cases that have accumulated legal costs as mentioned earlier. A schedule reflecting the nature of these cases is herewith attached as Annexure A.

QUESTION NO ê54

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 13 JUNE 2011

(INTERNAL QUESTION PAPER NO. 16)

ê54. Mr G R Morgan (DA) to ask the Minister of Water and Environmental Affairs:

(1) What is the current status of the Government's response to the acid mine drainage in the (a) western, (b) central and (c) eastern basins;

(2) whether the recommendations in the report entitled Mine Water Management in the Witwatersrand Goldfields with special emphasis on acid mine drainage have been fully costed; if not, why not; if so, what are the relevant details? NO1762E

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REPLY:

With regard to the implementation programme which we have begun embarking upon in dealing with the issue of the acid mine drainage, particularly in the area of the Western Basin, we would like to indicate that we have begun with the implementation of the immediate solution that will reduce or even completely eradicate the surface decant in these Basin

A process has been embarked upon of ensuring that there is a due diligences review undertaken by one of our institution known as the Trans-Caledon Tunnel Authority, TCTA. This work will actually have a final production of this business plan on 7 July 2011, upon which we will then be able to take further work forward with regard to actual tangible implementation of dealing with this very difficult challenge of acid mine drainage.

In the Central Basin, the implementation of a solution that will also prevent the underground mine water level in reaching the environmental critical level, is also recommended in the report. Once again, TCTA is also dealing with that analysis and the due diligence in that area. In the Eastern Basin, the implementation of a solution that will prevent the underground mine water level, reaching the environmental critical level is also recommended.

In this regard, our department is monitoring the rate of mine water rise in the Eastern Basin on a continuous basis. We are also in contact with the liquidators that are currently busy at that mine as we know that it's currently under liquidation. As a matter of fact we may indicate that there is actually a meeting between the liquidators and our officials tomorrow to address this matter.

Second question about a fully costed funding, yes, indeed, as we go on, we believe that there will be a need to cost this exercise further. But, for now, we are certain that the costing for this financial year that has been done on an amount of R225 million will help us deal with this problem. For the following year 2012-13, a guess estimatefigure has also been looked at. But, we can now guess that the final figure for these three basins will require something more than a billion rand. Definitely, it will depend on the solutions that are proposed.

QUESTION NO. 53 INTERNAL QUESTION PAPER NO. 16 NO1761E

DATE OF PUBLICATION: 03 June 2011

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

(1) Whether she has found any issues of concern regarding the operations of Buyisa-e-Bag; if not, how was this conclusion reached; if so, what are the relevant details;

(2) whether any steps are being taken to wind up this company; if not, what is the position in this regard; if so, what are the relevant details?

Mr G R Morgan (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

53. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) The Department of Environmental Affairs, as sole funder of the Buyisa-e-Bag (Buyisa), is concerned about, amongst others, the governance, expenditure and performance of the Company. Therefore the Department undertook a review of Buyisa to determine whether the objectives as set out in the MoA have been achieved and if not, what contributed to this.

The purpose of the review and the recommended way forward was informed by the Department's desire to: achieve the original objectives; ensure value for money/ cost effectiveness; ensure transparency and accountability; prevent duplication of work done already by the Department; and minimise job losses and disruptions in the functions of the Buyisa-e-Bag during the transition to a new or revised structure.

The Department concluded that the Buyisa has failed to meet the objectives as set out in the founding MoA between Government, Labour and Industry that is: the expansion of collection networks; the establishment of rural collection SMMEs; creating additional capacity in NGOs; and improving skills and re-skilling workers in the plastics field.

It seems that the core of the problem emanated directly from the "founding" MoA - it requires the setting up of a Section 21 Company (that must comply with the Companies Act), but which is solely funded with public funds (which means that the Company must comply with the PFMA). The Companies Act and the PFMA have different requirements in terms of governance.

Three options were considered for the way forward, that is, to: continue with the current structure, wind-up Buyisa and establishing a public entity; or wind-up Buyisa-e-Bag and absorbing the function into the Department.

After careful consideration, it appears that the only viable option is to absorb the functions of Buyisa into the Department; attention will be paid to addressing certain key issues which include: ensuring minimal job losses, retaining the original objectives of the MoA, ensuring that the partners to the agreement retain the ability to provide input into meeting the objectives as set out in the MoA, act swiftly to minimise uncertainty among the staff and beneficiaries of the work undertaken by the Buyisa and following an open and transparent process.

(2) The Buyisa-e-Bag board members have agreed in principle that the best option for the future of Buyisa is to voluntarily wind up the company in its present format. It is expected that the Board will formalise this decision at the next board meeting, when the Board will make a special resolution in terms of Section 343 of the Companies Act to voluntarily wind-up. Such a special resolution will then have to be submitted to the Registrar of Companies for registration.

The Department is in the process of appointing a service provider to facilitate the winding-up process and to advise regarding the absorption of the functions of Buyisa-e-Bag into the Department.

QUESTION NO 45

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 10 FEBRUARY 2011

(INTERNAL QUESTION PAPER NO. 01)

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

(1) Whether, with reference to her replies to questions 872 on 5 May 2010, 1442 on 25 May 2010 and 2086 on 18 August 2010, the National Prosecuting Authority has informed her of its decision as to whether there is a criminal case against the Aurora mine for noncompliance in terms of the National Water Act, Act 38 of 1998, if not, what is the position in this regard; if so, what are the relevant details;

(2) whether any further directives have been issued against the mine since 28 April 2010; if so, what are the relevant details; if not, why not;

(3) (a) on what date was the last inspection of the mine conducted by officials of her department and (b) what are the (i) names and (ii) designations of all officials who visited the mine;

(4) what is the current level of mine water below the pump station;

(5) whether the rising water poses any risk of acid mine drainage decanting at other sites on the East Rand; if not, how was this conclusion reached; if so, what are the relevant details? NW54E

REPLY:

(1) No, the investigation into the transgressions by the mine has recently been completed by the investigating officer of the South African Police Services (SAPS). The docket is currently being perused by the Compliance Monitoring and Enforcement officials in the Department together with the SAPS investigating officer to determine the extent of the charges that must be reflected on the formal charge sheet. The Department of Environment Affairs is part of this process which will result in an inclusive charge sheet to be submitted to the National Prosecuting Authority for consideration.

(2) No further directives have been issued against the mine since 28 April 2010. As there was no response from the mine to the directive, the Department subsequently opened a criminal case against the mine.

(3)(a) The last inspection was carried out on 1 February 2011. This date is significant as the mine stopped pumping on 31 January 2011.

(3)(b)(i) The officials who were present on the last inspection of the mine (names furnished).

(3)(b)(ii) Designation of all officials who were present on the last inspection of the mine:

Acting Chief Director: Regulations

Deputy Director: Compliance Monitoring Enforcement

Deputy Director: Resource Protection and Waste (Subdirectorate: Mines)

Assistant Director: Water Quality

Investigator: Compliance Monitoring and Enforcement

(4) The pumps have been removed and the mine water has flooded the area where the pump station used to be.

(5) Yes, the rising water poses a risk of acid mine drainage decanting at other sites on the East Rand. The Department is therefore currently investigating the Environmental Critical Level (ECL) in order to establish when and how to apply possible intervention measures, such as pumping to maintain the established ECL as well as partial treatment.

QUESTION NO 44

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 10 FEBRUARY 2011

(INTERNAL QUESTION PAPER NO. 01)

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

(1) Whether, with reference to her replies to questions 387 on 10 March 2010 and 2930 on 23 November 2010, any rehabilitation on the Hammarsdale sludge pond site has commenced; if not, why not; if so, what are the relevant details;

(2) whether any further progress has been made in fencing the site; if not, why not; if so, what are the relevant details;

(3) (a) when was the last set of water monitoring results obtained and (b) where can members of the public obtain access to these results? NW53E

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REPLY:

(1) No further rehabilitation work has taken place due to budgetary constraints.

(2) Quotations have been received for the erection of the concrete palisade fence, a contractor will be appointed and the fence completed by the end of April 2011.

(3)(a) The last set of monitoring was done in March 2010. Based on the results, the consultants appointed have concluded that the sludge ponds are not impacting on surface and groundwater. The next round of monitoring is scheduled for April 2011.

(3)(b) Copies of the water monitoring report containing the results can be accessed through the Regional Office: KwaZulu-Natal of the Department.

QUESTION NO 43

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 10 FEBRUARY 2011

(INTERNAL QUESTION PAPER NO. 01)

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

(1) Whether a certain mining company (details furnished) has a valid water use license; if not, why is the company allowed to operate; if so, (a) when was the license issued, (b) by whom was the license issued and (c) where can members of the public obtain copies of this license;

(2) whether the license permits the use of dynamite in and around a water course; if not, why not; if so, (a) how can this be justified and (b) what are the further relevant details? NW52E

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REPLY:

(1) No, the mining company has not applied for a water use license as required in terms of the National Water Act, 1998 (Act No. 36 of 1998) (the Act). My Department has commenced with an administrative enforcement process by issuing a notice of intention to issue a directive in terms of section 19 of the Act on 22 February 2011 requesting the mining company to cease, modify and stop any process or activities which cause pollution of the water resources, or to provide reasons within certain time frames why the Department should not exercise those powers and issue a directive in terms of section 19 of the Act.

(1)(a) Falls away.

(1)(b) Falls away.

(1)(c) Falls away.

(2)(a) Although my Department has not issued a valid water use license to the mining company, I would like to advise that the use of dynamite forms part of the mining method as contained in an application for a mining right from the Department of Mineral Resources. To this end, my Department's license does not address the use of dynamite.

(2)(b) Falls away.

QUESTION NO. 41 INTERNAL QUESTION PAPER NO. 1 NW50

DATE OF PUBLICATION: 11 February 2011

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

(1) (a)(i) What is the current number of leopard hunting tags in South Africa that has been authorised by the Convention on the International Trade in Endangered Species (CITES), (ii) when was this number agreed to and (iii) how is this allocation broken down according to provinces, (b) what is the actual number of hunting permits for leopards that was granted in each province in (i) 2009 and (ii) 2010, (c) how many leopards were actually hunted in each province on the basis of (i) the CITES system and (ii) for being damage causing animals in (aa) 2009 and (bb) 2010, (d)(i) what is the current estimated population of leopards in each province and (ii) how was this amount arrived at and (e)(i) when was the most recent population and viability assessment for leopards completed, (ii) who was responsible for conducting the study and (iii) when will the next such study be completed;

(2) whether she intends making any application to CITES to amend the current number of leopard hunting tags; if not, why not; if so, what are the relevant details?

Mrs S V Kalyan (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

41. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) (a) (i) 150 leopard hunting tags

(ii) 150 leopard trophies were adopted at the 9th meeting of the Conference of Parties (CoP) in 2004 in Thailand.

(iii) It is not divided between the provinces. A process is followed where the Department requests the provinces to indicate, in writing, the quota required for the province. Based on the request by provinces and allocated accordingly.

(b) (i) In 2009:

North West : 20

Western Cape : 0

Northern Cape : 0

Eastern Cape : 0

Gauteng : 0

Free State : 0

Limpopo : 54

Mpumalanga : 5

KwaZulu-Natal : 5

(ii) In 2010:

North West : 20

Western Cape : 0

Northern Cape : 2

Eastern Cape : 4

Gauteng : 0

Free State : 0

Limpopo : 51

Mpumalanga : 12

KwaZulu-Natal : 5

(c) (i) (aa) 2009

North West : 4

Limpopo : 50

Mpumalanga : 4

KwaZulu-Natal : 5

(bb) 2010

North West : Info not available

Northern Cape : 0

Eastern Cape : 0

Limpopo : 51

Mpumalanga : 5

KwaZulu-Natal : 5

(ii) (aa) 2009

North West : 0

Western Cape : 0

Northern Cape : 0

Eastern Cape : 0

Gauteng : 0

Free State : 0

Limpopo : 38

Mpumalanga : 0

KwaZulu-Natal : 0

(bb) 2010

North West : 0

Western Cape : 0

Northern Cape : 0

Eastern Cape : 0

Gauteng : 0

Free State : 0

Limpopo : 40

Mpumalanga : 0

KwaZulu-Natal : 0

(d) (i) Approximate estimates of population sizes:

North West : Population overlaps with Limpopo and Northern Cape

Western Cape : 350

Northern Cape : 80

Eastern Cape : 120

Gauteng : Unknown

Free State : Unknown

Limpopo : 1 250 (excluding Kruger National Park)

Mpumalanga : 850 (excluding Kruger National Park)

KwaZulu-Natal : 400

Kruger National Park: 1 200

(ii) A Population and Habitat Viability Analysis (PHVA)

(e) (i) In 2005

(ii) The South African National Biodiversity Institute and the Endangered Wildlife Trust lead the

CITES non-detriment finding assessment

(iii) In 2016;

(2) No, no need at the moment.

NATIONAL COUNCIL OF PROVINCES

FOR WRITTEN REPLY

QUESTION NO 33

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 11 FEBRUARY 2010

(INTERNAL QUESTION PAPER NO 1- 2011)

Date reply submitted: 1 March 2011

33. Mr D V Bloem (COPE-FS) to ask the Minister of Police:

Whether his department's competitive supply chain and procurement processes in 2010 was fully compliant with the three price quotations regulation stipulated in sections 38(1)(a)(iii) and 51(a)(iii)d of the Public Finance Management Act, Act 1 of 1999; if not, why not; if so, what are the relevant details?

CW33E

REPLY:

Yes, however in the following instances three price quotations are not obtained or forwarded for procurement authority:

- Where the goods or services can only be supplied or rendered by a sole or preferred supplier in terms of par 3.3.3 of National Treasury Practice note 8 of 2007/2008.

- Where three quotations were invited but less than three quotations were received on the applicable closing date and time in terms of par 2.2.3.1 and par 2.2.5.6 Annexure B of the Delegation of Powers: SAPS: Supply Chain Management: User Manual: Directives in respect of Acquisition.

- Where the requirement does not exceed the threshold value of R 2000-00 whereby goods and services can be obtained by means of petty cash in terms of par 3.1 of National Treasury Practice Note 8 of 2007/2008.

- Where the requirement is urgent and where early delivery is of critical importance in terms of Treasury Regulation16.A.6.4.

- Where the requirement is an emergency where immediate action is necessary in order to avoid a dangerous or risky situation or misery in terms of Treasury Regulation16.A.6.4.