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Ref: 02/1/5/2
MINISTER
QUESTION NO. 658 FOR WRITTEN REPLY: NATIONAL COUNCIL OF PROVINCES
A draft reply to Mr R A Lees (DA-KZN) to the above-mentioned question is
enclosed for your consideration.
Ms Nosipho Ngcaba
DIRECTOR-GENERAL
DATE:
DRAFT REPLY APPROVED/AMENDED
MRS B E E MOLEWA, MP
MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS
DATE:
NATIONAL COUNCIL OF PROVINCES
(For written reply)
QUESTION NO. 658
INTERNAL QUESTION PAPER NO. 38 CW869E
DATE OF PUBLICATION: 30 November 2012
Mr R A Lees (DA-KZN) to ask the Minister of Water and Environmental
Affairs:
(1) How many (a) compliance notices, (b) pre-directives and (c)
directives have been issued by her department against Eskom in
terms of any of the environmental legislation from 1 January
2011 up to the latest specified date for which information is
available;
(2) whether there are any obstacles in the law that prevent her
department from taking criminal action against Eskom for
environmental transgressions; if not, how was this conclusion
reached; if so, what are the relevant details;
(3) whether she intends seeking any legislative amendments in order
to alter the situation; if not, why not; if so, what are the
relevant details;
(4) whether Eskomâs overall environmental compliance is
satisfactory; if not, what is the position in this regard; if
so, what are the relevant details?
Mr R A Lees (DA-KZN)
SECRETARY TO PARLIAMENT
HANSARD
PAPERS OFFICE
PRESS
658. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:
1) The Department of Environmental Affairs has issued the following
administrative notices to Eskom to date:
|No. |ESKOM FACILITY |ADMINISTRATIVE NOTICE |DATE |
|1 |Komati Power |Notice of Intention to |11 May 2011 |
| |Station |issue a Compliance | |
| | |Notice in terms of | |
| | |section 31L of the NEMA| |
|2 |Camden Power |Notice of Intention to |28 January 2011 |
| |Station |issue a Compliance | |
| | |Notice in terms of | |
| | |section 31L of the NEMA| |
|3 |Poseidon |Notice of Intention to |27 July 2011 |
| |Grassridge |issue a Compliance | |
| |transmission line |Notice in terms of | |
| | |section 31L of the NEMA| |
|4 |Waterval |Notice of Intention to |29 September 2011|
| |substation |issue a Compliance | |
| | |Notice in terms of | |
| | |section 31L of the NEMA| |
|5 |Lethabo Power |A Notice of Intention |17 July 2012 |
| |Station, Free |to issue a Compliance | |
| |State Province |Notice in terms of | |
| | |section 31L of the NEMA| |
| | |and / or a Directive in| |
| | |terms of section 31A of| |
| | |the Environment | |
| | |Conservation Act, 1989 | |
| | |(Act No. 73 of 1989) | |
| | |(âECAâ) | |
|6 |Camden Power |A Notice of Intention |8 August 2012 |
| |Station, |to issue a Compliance | |
| |Mpumalanga |Notice in terms of | |
| |Province |section 31L of the NEMA| |
| | |and / or a Directive in| |
| | |terms of Section 31A of| |
| | |the ECA | |
|7 |Matimba Power |A Notice of Intention |15 October 2012 |
| |Station, Limpopo |to issue a Compliance | |
| |Province |Notice in terms of | |
| | |section 31L of the NEMA| |
| | |and / or a Directive in| |
| | |terms of section 31A of| |
| | |the ECA | |
(2) Section 48 of the NEMA states that the Act is binding on the State
except in so far as criminal liability is concerned. This means that
it is currently not possible to criminally prosecute organs of state
(the definition of which includes parastatals) for contravention of
the NEMA or Specific Environmental Management Acts (âSEMAs). The
National Prosecuting Authority is of the view that the SEMAs must be
read with the NEMA and that criminal prosecution of organs of state
for contravention of the SEMAs is not possible.
(3) An amendment to section 48 of the NEMA has been proposed in the
National Environmental Management Laws Amendment Bill, 2012.
4) As reflected in the 2011 â 2012 National Environmental Compliance and
Enforcement Report, the Department is of the view that Eskomâs overall
level of compliance with environmental legislation can definitely be
improved. It must, however also be remembered that Eskom has a large
number of applications that require authorisation. In this regard, the
Department has invested significant time in dealing with this organ of
state and it is hoped that the work that has been done to date will
result in more compliance in the future.
As regards other enforcement actions mentioned in response to question
1 above, compliance has been achieved in relation to the older matters
(some of which resulted in section 24G authorisations being issued).
Other matters are being dealt with in the enforcement process.
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