During 2010 the Western Cape Department of Environmental Affairs and Development Planning managed a range of environmental violations across the province. These varied according to the respective areas and the nature of the violations - illegal dumping, sand dune mining, illegal clearing of virgin veld or even dumping of hazardous waste.
Environmental Management Inspectors (EMI's) are employed by the department and give effect to the implementation of environmental legislation in the Western Cape. Environmental enforcement is carried out by the Directorate: Environmental Compliance and Enforcement which comprises only 10 EMI's Six (6) inspectors serve the Cape Town region and four (4) inspectors are allocated to the Southern Cape garden route.
The above statistics are a reflection of the action instituted by the department in response to reports only on the construction of "illegal structures". In accordance with section 24 of the National Environmental Management Act (NEMA), certain activities may have a detrimental effect on the environment. The commencement of these activities requires prior written authorisation from the competent authority, which in this province, is the Department of Environmental Affairs and Development Planning. Secondly, an environmental transgressor can be identified as the owner of land or premises, a person in control of land or premises or person who has a right to use land or premises on which any activity or process is or was performed or undertaken or any other situation that exists.
Section 28 of NEMA provides for the duty of care that obligates every person who causes or is responsible for environmental ruin to take reasonable measures to prevent such degradation from occurring or continuing to occur. The act is imposed on the property owner or person responsible for the environmental ruin to take the necessary measures to rectify or rehabilitate the impact of the environmental ruin. The primary understanding is that, in as much as there are different types of environmental violations, there is a clear message that all citizens have a responsibility to the environment.
| Administrative or criminal enforcement | ||||
| Year 2010 | Warning letters | Compliance notices | Directives | Monthly stats |
| January | 12 | 0 | 0 | 12 |
| February | 4 | 0 | 0 | 4 |
| March | 17 | 0 | 0 | 17 |
| April | 9 | 0 | 2 | 11 |
| May | 4 | 1 | 0 | 5 |
| June | 5 | 1 | 1 | 7 |
| July | 6 | 1 | 1 | 8 |
| August | 11 | 1 | 0 | 12 |
| September | 17 | 2 | 0 | 19 |
| October | 5 | 0 | 0 | 5 |
| November | 16 | 6 | 1 | 23 |
| December | 20 | 4 | 0 | 24 |
| Totals | 126 | 16 | 5 | 147 |
| Legend: | ||||
| Warning letters | These are issued to alleged transgressors on confirmation that their activities have either caused a negative impact on the environment and/or are causing pollution and/or degradation of the environment and /or they have illegally commenced with a listed activity in terms of the National Environmental Management Act ("NEMA") regulations. | |||
| Compliance notice | This is another administrative enforcement tool which is issued succeeding the warning letter, if the transgressor does not comply with the requests as set out in the warning letter. Should the transgressor not abide with the conditions of a compliance notice then he/she has committed a criminal offence and criminal proceedings may be instituted. A compliance notice may only be issued in instances where the perpetrator has either commenced with a listed activity in terms of NEMA or contravened a condition set out in an Environmental Authorisation. | |||
| Directive | This document relates to the Duty of Care in terms of section 28 of the NEMA. It requires the transgressor who has caused or negatively impacted on the environment to take reasonable measures to prevent such impact from continuing or reoccurring. This tool also allows for the perpetrator to undertake rehabilitation or other remedial work. | |||
Enquiries:
Aziel Gangerdine
Tel: 021 483 4643
Cell: 071 866 9887
E-mail: agangerd@pgwc.gov.zaSource: Western Cape Provincial Government
