MPUMALANGA PROVINCE by malj

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									   MPUMALANGA PROVINCE

     ENVIRONMENTAL
IMPLEMENTATION PLAN (EIP)


As required in terms of Section 11 of the National Environmental
         Management Act, 1998 (Act No. 107 of 1998)



                FIRST EDITION 2001




AS GAZETTED IN THE PROVINCIAL GAZETTE NO.790 OF THE 1
          NOVEMBER 2001, NOTICE 270 OF 2001
                                  TABLE OF CONTENTS

LIST OF ACRONYMS                                                        04


1.       INTRODUCTION                                                   05

1.1      Purpose of the Environmental Implementation Plan (EIP)         05

1.2      Structure of the Report                                        05


2.       NEMA PRINCIPLES AND ENVIRONMENTAL LAWS                         06


3. DESCRIPTION OF MANDATES AND FUNCTIONS IN THE
PROVINCE WHICH MAY SIGNIFICANTLY AFFECT THE
ENVIRONMENT                                                             07

3.1      Overarching Provincial Development Frame work and Policy       09
3.1.1    Provincial Gro wth and Development St rategy                   09
3.1.2    Maputo Development Corridor (MDC)                              11

3.2      Selected Mandates and Functions of Government in Mpumalanga    13
3.2.1    Provincial Land Ad min istration                               13
3.2.2    Local Govern ment Macro Planning                               15
3.2.3    Provincial Roads                                               17
3.2.4    Immovable State Property                                       19
3.2.5    Agriculture                                                    21
3.2.6    Municipal Bulk Infrastructure                                  24
3.2.7    Municipal Waste and Medical Waste                              26
3.2.8    Minerals Development and Small-Scale M ining                   28
3.2.9    Industrial Develop ment                                        30
3.2.10   Housing                                                        32
3.2.11   Land Reform                                                    34


4.    GENERAL RECOMMENDATIONS FOR ENVIRONMENTAL
      MANAGEMENT AND COOPERATIVE GOVERNANCE                             36

4.1 Institutions                                                        36
4.1.1    Provincial Planner‟s Foru m                                    36
4.1.2    Provincial Co mmittee for Environ mental Coordination (PCEC)   36
4.1.3    Provincial Liaison Committee (PLC)                             37
4.1.4    Local Govern ment Association of Mpumalanga (LOGAM)            37
4.1.5    Local Authority Environmental Co mmittees                      38
4.1.6    Local Economic Develop ment Foru m (LEDF)                      38
4.1.7    Mpumalanga Tender Board                                        38
4.2 Tools for Environmental Management                                 39
4.2.1    Mpumalanga State of Environ ment Report (SoER)                39
4.2.2    Mpumalanga Performance Report on Sustainable Develop ment     39
4.2.3    Mpumalanga Strategic Env iron mental Management Plan (SEMP)   39
4.2.4    Mpumalanga Biodiversity Conservation Strategy                 39
4.2.5    Local Authority Integrated Environ mental Po licy             39
4.2.6    Environmental Management Systems (EMS)                        40
4.2.7    Environmental Education and Awareness                         40
4.2.8    Environmental Impact Assessment (EIA)                         40
4.2.9    Integrated Pollution Control and Waste Management             40
4.2.10   Memoranda of Understanding (MOU)                              41


5.       PROGRAMME FOR IMPLEMENTATION                                  42

5.1. Su mmary of Reco mmendations                                      42
5.2. Performance Monitoring                                            47
5.3. Sustainable Develop ment Indicators                               47


6. CONCLUSIONS                                                         48


7. ANNEXURES                                                           49

7.1. NEMA Princip les                                                  49
7.2. Environmental Policies and Laws                                   51
7.3. Tab le of EIA Responsibilities                                    59
7.4. Su mmary of Provincial Gro wth and Development St rategy          60
LIST OF ACRONYMS

APPA     Air Pollution Prevention Act (45 of 1965)
CBD      Convention on Biological Diversity
CMIP     Consolidated Metropolitan Infrastructure Programme
DACE     Mpumalanga Department of Agriculture, Conservation and Environment
DEAT     National Department of Environmental Affairs and Tourism
DFA      Development Facilitation Act (67 of 1995)
DLA      National Department of Land Affairs
DME      National Department of Mineral and Energy Affairs
DWAF     National Department of Water Affairs and Forestry
ECA      Environment Conservation Act (73 of 1989)
EIA      Environmental Impact Assessment
EIP      Environmental Implementation Plan
EMPR     Environmental Management Programme Report
EMS      Environmental Management System
ENPAT    Environmental Potential Atlas
FSC      Forestry Stewardship Certificate
GEAR     Growth Employment and Redistribution Programme
HOD      Head of Department
IDP      Integrated Development Plan
IEM      Integrated Environmental Management
IPPWM    Integrated Pollution Prevention and Waste Management
ISF      Integrated Spatial Framework of Mpumalanga
ISO      International Standards Organizat ion
KEI      Key Environmental Indicators
LDO      Land Development Objective
LOGAM    Local Government Association of Mpumalanga
MCEC     Mpumalanga Committee for Environmental Coordination
MDC      Maputo Development Corridor
MEC      Minister of Executive Council
MNCA     Mpumalanga Nature Conservation Act
MOU      Memorandum of Understanding
MPB      Mpumalanga Parks Board
MT EF    Medium Term Expenditure Framework
NEMA     National Environmental Conservation Act
NSV      National Strategic Vision
NWMS     National Waste Management Strategy
PGDS     Provincial Growth and Development Strategy
PNE      Protected Natural Environment
RDP      Reconstruction and Development Programme
SEA      Strategic Environmental Assessment
SEMP     Strategic Environmental Management Plan
SOER     Mpumalanga State of Environment Report
1.       INTRODUCTION

1.1 Purpose of the Environmental Implementation Plan (EIP)
A key objective of the National Environmental Management Act, Act 107 of 1998 (NEMA) is to establish
institutions that promote co-operative environmental governance and procedures for co-ordinating
environmental functions exercised by organs of state.

Environmental Imp lementation Plans are addressed in chapter 3, Sect ion 12, of NEMA, wh ich specifies
Procedures for Cooperative Governance. Provinces must prepare Environ mental Imp lementation Plans at
least every four years. EIP‟s are primary statutory instruments for the promotion of cooperative
governance around environmental management, through the align ment of governmental policies, plans and
programmes and decisions in respect of the environment. EIP‟s are therefore particu larly important in
South Africa, due to the highly frag mented nature of environ mental management, both horizontally
between departments and vertically between spheres of government.

The Mpumalanga Province Environ mental Implementation Plan (EIP) provides a description of the present
state of environmental management in the province and in particular areas where co -operative governance
around environment management exists. It highlights areas of non-compliances by organs of state in the
province to environmental laws and provides recommendations for ensuring co -operative governance
around environmental management. The focus of this EIP is on institutional and procedural arrangements
of government for ensuring environ mental management and co-operation. The EIP should be viewed as a
stepping stone towards more effective and integrated environmental management with the ultimate aim of
ensuring the protection of the environment and sustainable development in the province.

NEMA Princip les form the barometer against which environ mental performance of a po licy, p lan or
programme is measured and should form the basis for ensuring that environmental issues and sustainability
criteria are built into governments decisions and functions exercised in the Province.


1.2 Structure of the Report
The report consists of two primary co mponents:

    The first is a description of the key mandates and functions exercised by government (national,
     provincial and local) within the province that may significantly affect the environ ment, and the
     compliance of these functions to relevant legislative provisions. This section also provides a
     description of existing institutions, procedures and mechanisms for ensuring co -operative governance
     around environmental management in the Province. Specific reco mmendations for ensuring co -
     operative governance around environmental management of a key mandates or functions is also
     included.
    The second component is general reco mmendations for Environmental Imp lementation in the
     Province, including institutions, mechanis ms and procedures for ensuring co -operative governance in
     environmental management and ensuring compliance of governments mandates and functions to
     environmental laws.

It should be noted that since this is a Provincial EIP, it involves many of the Provincial Depart ments that is
responsible for its own budget and planning. This EIP, being the first edition, has not been fully integrated
into MTEF of the Depart ments as well as the Province. So me of the reco mmendations for co-operative
governance must therefore still be rat ified and will be reported on through the annual report in terms of
Section 16(1)(b) of NEMA.
2. NEMA PRINCIPLES AND ENVIRONMENTAL LAWS
To establish a reference framework, the relevant NEMA princip les were used as the means with wh ich to
evaluate mandates and functions in the province. This is a useful start for this 1 st Ed ition EIP. It is
however too general and only provides a measure of the functions of governmen t in the Province rather
than the effects of these functions on the environment. A set of tools needs to be developed that allow for
continuous measurement to gauge where improvements have been made or where they are required. This
set of tools could be the Mpumalanga State of the Environ ment Report. Since such a report does not yet
exist, the NEMA set of principles form the only other recognised tool.

It is reco mmended, however, that the 2nd edition EIP has a section that deals specifically with the State of
the Mpumalanga Environ ment and Indicators of Environmental performance and quality.

The NEMA principles (Annexure 5.1) have been arranged under separate themes. This makes it easier and
more meaningful for evaluating mandates and functions in the province.
The following themes have been used:
 Sustainable Development
 Environmental Justice and Equity
 Participation, Empowerment and Transparency
 Co-operative Governance
 Ecological Integrity
 Integration of Env iron mental Considerations into Decision Makin g

Mandates and functions of the province have also been assessed for compliance to relevant environmental
laws and policies. Laws and policies have been categorised into Primary Environmental Legislative
Provisions and Secondary Environmental Legislative Provisions.

A definition of the following policies and laws is provided in Annexure 5.2:

Primary Environmental Legislative Provisions
 National Environ mental Management Act (Act 107 of 1998)
 Environment Conservation Act (Act 73 of 1989)
 White Paper on Env iron mental Management Po licy (April 1999)
 Mpumalanga Nature Conservation Act (Act 10 of 1998)
 White Paper on Integrated Pollution and Waste Management for South Africa (May 2000)
 White Paper on the Conservation and Sustainable Use of South Africa‟s Bio logical Diversity (Ju ly
    1997)
 Atmospheric Pollution Prevention Act (Act 45 of 1965)

Secondary Environmental Legislative Provisions
 The Constitution of the Republic of South Africa (108 of 1996)
 Minerals Act (Act 50 of 1991)
 Conservation of Agricultural Res ources Act (Act 43 of 1983)
 Develop ment Facilitation Act (67 of 1995)
 National Forests Act (84 of 1998)
 National Water Act (36 of 1998)
 White Paper on Energy Policy for RSA (1998)
3. DESCRIPTION OF GOVERNMENT MANDATES AND
   FUNCTIONS IN THE PROVINCE WHICH MAY
   SIGNIFICANTLY AFFECT THE ENVIRONMENT

The activities of different spheres of government in the province do not pose equally significant pressures
and impacts on the environment. Mandates and functions of spheres of government in the province have
been identified and evaluated in terms of the potential for driv ing environ mental change and/or causing
negative impacts on the environment. Provincial act ivities considered to have a significant environmental
impact have been identified based on the 5 – year plans and annual reports of relevant provincial
government departments. These reports and plans, together with interviews with key personnel of relevant
Depart ments, form the basis of this first edition EIP.

It is also necessary, in order to ensure co-operative governance and protection of the environment across all
tiers of government in the province that certain key functions of Local Govern ment and National
Govern ment Depart ments are highlighted and described. In some cases these functions have bee n reported
on in National Depart mental EIP‟s and EM P‟s. They are highlighted here for clarity and to ensure
conformance and align ment of this provincial EIP with other relevant EIP‟s and EMP‟s.

Where possible mandates and functions in the province (particularly of provincial government) are
evaluated for comp liance to environ mental laws and NEMA princip les. Provincial programmes and
functions are however primarily guided by existing national policies and laws and conformance to NEMA
principles is largely dependant on relevant national government departments commit ments to align their
policies, p lans and programmes to NEMA principles. An examp le is the provincial housing programme.
National laws and policies guide the housing delivery programme in the province. The integration of
environmental issues and conformance to NEMA p rinciples for housing delivery in the country is
expressed in the Department of Housing‟s Environ mental Imp lementation Plan. At the provincial level it is
important that the Provincial Ad ministration ensures conformance of provincial programmes and plans to
these relevant National EIP‟s and EMP‟s.

Below are the selected mandates and functions, which may have potential effects on the environment:

   Provincial Gro wth and Development St rategy
   Maputo Development Corridor (MDC)
   Provincial Land Ad min istration
   Local Govern ment Macro Planning
   Provincial Roads
   Immovable State Property
   Agriculture
   Municipal Bulk Infrastructure
   Municipal Waste and Medical Waste
   Minerals Development and Small-Scale M ining
   Industrial Develop ment
   Housing
   Land Reform

Each mandate and function is presented in terms of the following information:

   A brief description of the function/mandate as it is exercised in the province.
   Laws and policies wh ich govern the mandate/function.
   The authority/ies responsible for the execution of the mandate/function
   Environmental issues and concerns related to the mandate/function
   Co mpliance of the mandate/function to NEMA principles
   Co mpliance of the mandate/function to relevant enviro nmental laws
   Arrangements which presently exist to ensure co-operative governance and environmental
    management for the mandate/function
   Reco mmendations for co-operative governance and environmental management
3.1        Overarching Provincial Development Framework and Policy
3.1.1 Provincial Growth and Development Strategy
                                                                                              Description
PGDS
  The Mpumalanga Government is following a strategic planning and development process that closely resembles that of the nation al government as reflected in the National St rategic Vision (NSV).
   The Provincial Growth and Development Strategy (PGDS) of the Mpumalanga Provincial Government aims to ensure alignment betwe en the Mpumalanga provincial government and all its line
   departments as well as with the national department s. This alignment will ensure that resources are optimally utilised and the development plans of different departments and tiers of government
   work in combination to contribute to the fundamental objectives of economic growth and job creation, meeting basic needs and developing human resources. Both horizontal and vertical
   alignment is therefore crucial (see annexure 5.4)
  The process of formulating and managing the PGDS is through the Macro Policy and Strategy Unit in the Office of the Premier, Mpumalanga Province.
  All Provincial Government Departments must ensure alignment of their 5-year strategic plans to the PGDS.
  Linked to the PGDS are the 5-year plans of Provincial Departments, The ISF (described below), the Provincial Economic plans and the Provincial Rural and Urban Development Strategy.

ISF
   A provincial Integrated Spatial Framework has been developed for the province. Existing spatial information (biophysical, so cial and economic) has been used in the development of the ISF
   The ISF represents a spatial development approach for the province and establishes the general direction of growth and development of the province and provides a framework for district plans.

                                                                                       Governing Laws and Policies
     The Growth, Employment and Redistribution Programme (GEAR)
     The Reconstruction and Development Programme (RDP)
     The Constitution of the Republic of South Africa, 1996

                                                                                         Responsible Authority/ies
     Premiers Office, Mpumalanga
     All Provincial Government Departments

                                                                                          Environmental Issues
     Development of anchor projects within clusters that may result in pressures on resources (land, water, soil).
     General lack of integration of Environmental issues in decision making within clusters
     Increase in pollution and waste
     Loss of habitat and biodiversity


                                                                                     Compliance to NEMA Principles
Sustainable Development                The goal of preserving natural resources policy cluster is: “Sustainable development through the wise use of natural resources for the benefit of current and future
                                        inhabitants of Southern Africa especially those of Mpumalanga Province.”
                                       The policy cluster approach of the PGDS, and particularly the clusters: economic growth and socio-economic development, meeting basic needs, human resource
                                        development and preserving natural resources, are an attempt to ensure socially, environmentally and economically sustainable development.
                                       The objectives of preserving natural resources policy cluster include: conservation of non-renewable natural resources, pollution control and integrated waste
                                        management




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Integration of Environmental        The PGDS is not clear on the integration of environmental considerations within all policy clusters.
Considerations into Decision
Making
Participation, Empowerment          The objectives of good governance policy cluster are to ensure effective community participation and to facilitate empowerment of civil society.
and Transparency
Environmental Justice and           Environment is expressed as a basic need under basic needs policy cluster. Under this definition every person deserves access to natural resources, communities
Equity                               should be empowered to manage their environment and every person is entitled to safe and healthy living and working environments.

Ecological Integrity                The objectives of the preserving natural resources policy cluster include: aesthetic quality of landscapes, cultural and heritage resources and preserving habitat
                                     integrity.
                                    The PGDS is not clear enough on how ecological integrity will be maintained. Objectives are to broad
Cooperative Governance              The PGDS is a definite attempt to ensure alignment between Mpumalanga Provincial government and all its line departments as well as with the national
                                     departments.

                                                                  Compliance to Relevant Environmental Legislative Provisions
Not applicable

                                                         Existing Arrangements for Cooperative Governance and Environmental Management
    A specific policy cluster on the Conservation of Natural Resources is reflected in the PGDS
    Interrelationships exist between policy clusters
    All strategic plans in the province must be aligned to the PGDS (including Conservation of natural resources policy cluster)
    A Strategic Environmental Management Plan (SEMP) has been developed by the Premiers Office for the Maputo Corridor. The SEMP presently covers approx. 70% of the Province. The
     intention is to expand the SEMP to cover the entire province.

                                                          Recommendations for Cooperative Governance and Environmental Management
    The PGDS must be reviewed in light of recent changes in laws governing natural resources, environmental management and environmental rights.
    The PGDS must be aligned to NEMA Principles.
    The Provincial Planners Forum should be revived with representation by Environmental Management Directorate of DACE.
    The 5-year plans of all Provincial Departments must indicate potential environmental affects and conformance to NEMA Principles.
    The Environmental Management Directorate of DACE is to participate in strategic planning processes of all Provincial Departments.
    The proposed Provincial Development Planning legislation will be aligned to environmental considerations.




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3.1.2 Maputo Development Corridor (MDC)
                                                                                             Description
   A development corridor linking the Witwatersrand with the port of Maputo. The MDC consists primarily of the rehabilitation of core infrastructure (road, rail ,port and border posts) thereby re-
    establishing key linkages and opening up inherent un-and under-utilised economic development opportunities for the region (Mozambique, South Africa and Swaziland)
   The Provincial government facilitates and promotes the development of the MDC
   The Dedicated Project Unit currently focuses on the implementation of projects identified for the MDC between 1996 and 1998.

                                                                                    Governing Laws and Policies
   The Growth, Employment and Redistribution Strategy (GEAR)
   The Reconstruction and Development Programme (RDP)
   The Provincial Growth and Development Strategy (PGDS)
   The Department of Trade and Industry SDI Strategy.

                                                                              Responsible Authority/ies
   Mpumalanga Department of Economic Affairs, Gaming and Tourism (Dedicated Project Unit)
   All Provincial Government Departments
   Department of Trade and Industry
   Local Government Authorities

                                                                                         Environmental Issues
   Development of anchor projects resulting in pressures on resources (land, water, soil).
   Increase in waste streams.
   Air pollution
   Loss of habitat and biodiversity

                                                                                Compliance to NEMA Principles
Sustainable Development              The intention of the Maputo development corridor is to ensure economic growth and development of the region.
                                     In accordance with the stated objectives of the MDC an environmental evaluation process was undertaken. T he Strategic Environmental Management Plan
                                      (SEMP) provides information on environmental opportunities and constraints within the area, as well as potential conflicts of land uses.
                                     The Investors Guide was developed to ensure investors and potential developments comply with EIA regulations.




                                                                                                                                                                                                        11
Integration of Environmental      Economic Affairs together with DACE and the Premiers Office have taken a sustainable development approach to the corridor dev elopment. The SEMP and
Considerations into Decision       Investors guide should ensure appropriate siting of developments, minimise conflicts and ensure compliance to environmental legislative provisions.
Making                            The SEMP is promoted by Mpumalanga Investment Initiative (MII) as part of its marketing of the MDC and the province.
Participation, Empowerment        A broadly consultative process on the development of the SEMP and the identification of potential development opportunities as well as more detailed studies of
and Transparency                   development projects has been undertaken.
                                  Further consultation and involvement of all I&AP in future projects and the updating of the SEMP must be ensured
Environmental Justice and         The Maputo Corridor Development is a government-private sector partnership with the primary objective of economic growth and development of the region.
Equity                             Bioregional planning approach has been used in identifying potential projects and opportunities within the corridor.
                                  One of the primary aims of the corridor is job creation
Ecological Integrity              Individual studies of potential developments (eg agriculture, tourism etc.) were conducted for the corridor. Ecological integrity was not specifically addressed in
                                   all the studies.
                                  The SEMP and EIA regulations, if applied effectively, should ensure ecological integrity is maintain ed.
                                  The SEMP recognises environmental opportunities and constraints in the province and has identified sensitive areas.
Co-operative Governance           The borderlands committee on environment is an attempt to develop a common framework for environmental management for the corridor in SA, Mozambique
                                   and Swaziland. A terms of reference for the development of a Strategic Environmental Management Framework (SEMF) for the bor derlands region has been
                                   compiled. Funding is required to take the process further.
                                  The Maputo Corridor Technical Committee was active in planning and co-ordination of the MDC. The committee has been disolved. The DPU could from the
                                   basis for the revival of a multi-stakeholder committee to oversee the MDC. Environmental issues and concerns could be addressed here.

                                                                Compliance to Relevant Environmental Legislative Provisions
NEMA                                     Strategic Environmental Management Plan (SEMP) provides a strategic focus for environmental management and sustainable develo pment within the
                                          Maputo Corridor SDI
R1182, R1183, R1184 (EIA)                Investors guide (together with the SEMP) is an attempt by government to guide investors to conform to EIA.
                                         The construction of the road conformed to EIA and IEM principles.
                                         Some of the other projects within the SDI have not complied with EIA regulations; in particular the Nkomazi Bulk Irrigation projects. This was largely due
                                          to lack of awareness or financial resources.

                                                     Existing Arrangements for Cooperative Governance and Environmental Management
    SEMP, Investors Guide, Opportunities and Constraints Report

                                                       Recommendations for Cooperative Governance and Environmental Management
    Environmental Management of DACE to be involved in DPU and MII meetings for existing and future projects.
    DACE to update the SEMP for the entire Province.
    SEMP and Investors Guide must be further operationalised.




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3.2        Selected Mandates and Functions of Government in Mpumalanga
3.2.1 Provincial Land Administration
                                                                                               Description
     Regulation of land use (township and housing establishment, approval of business right s etc.) outside of designated town planning schemes by processing land development applications in terms of
      relevant land use legislation. New demarcations for local government may result in all applications being processed by local governments themselves. The exact responsibilities in this regard are
      not yet clear.


                                                                                     Governing Laws and Policies
     Development Facilitation Act
     Physical Planning Act
     Draft White Paper on Planning and Development
     Various other land use planning legislation

                                                                                   Responsible Authority/ies
     Department of Housing and Land Administration, Sub – directorate: Land Development and Administration


                                                                                         Environmental Issues
     Change of land use and associated environmental impacts
     Loss of habitat and biodiversity
     Impacts on sensitive environments, such as wetlands

                                                                                  Compliance to NEMA Principles
Sustainable Development               Approval of all land development applications is conditional to compliance to DFA principles, which to some degree address sustainable development. DFA
                                       requires environmental investigations.
Integration of Environmental          Approval of all land development applications is conditional to compliance of DFA principles, which to some degree address sustainable development. DFA
Considerations into Decision           requires environmental investigations
Making
Participation, Empowerment            Township establishment requires social compact involving consultation with stakeholders and developers of a township area prior to advertising for establishing
and Transparency                       levels of service (record of decision is maintained)
                                      All land development applications (under DFA) are published for comment
Environmental Justice and             Township establishment requires social compact involving consultation with stakeholders and developers of a township area prior to advertising for establishing
Equity                                 levels of service (record of decision is maintained)
Ecological Integrity                  DFA requires environmental investigations. Approval of all land development applications is conditional to compliance to DFA principles
Co-operative Governance               All land development applications (in respect of all land use planning legislation) are circulated to DACE for input and comm ent

                                                                   Compliance to Relevant Environmental Legislative Provisions
NEMA                                         NEMA Principles
                                             Principles of the DFA for spatial planning and land development administration comply to some degree with NEMA principles (see DLA EIP). These
                                              DFA principles are the basis for decision making and administration around spatial planning and land development in the province.




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R1182, R1183, R1184 (EIA)                   All land development applications require authorisation, exemption or comment from DACE prior to approval by MEC or tribunal
ECA                                         Land use applications must comply with environmental laws and are sent to DACE for comment.
MNCA                                        Comments addressed in EIA or scoping report.
OTHER                                       Consultants must comply with principles of DFA (including environmental) in terms of relevant DFA regulations when submitting applications for land
                                             development

                                                       Existing Arrangements for Cooperative Governance and Environmental Management
   All land development applications (in respect of all land use planning legislation) are circulated to DACE for input and comm ent.
   Legislative requirements related to environmental investigations and sustainable development in terms of t he DFA and associated regulations are complied to and are a prerequisite for all tribunal
    decisions and approvals by the MEC of the Department of Housing and Land Administration.
   Staff of Department of Land Administration and Housing have undergone environmental training
   All applications for township establishment to DWAF for comment.
   All land development applications are distributed to relevant government departments for comment.

                                                         Recommendations for Cooperative Governance and Environmental Management
   Formal cooperative agreement (MOU) for EIA‟s and environmental investigations for all land use change applications.
   Strengthening environmental knowledge and expertise of the tribunal (DACE to nominate representative to sit on the Mpumalanga Tribunal).
   DACE and other I&AP to be actively involved in the drafting of provincial planning legislation in the process of being drafted in terms of the Green Paper on Development Planning.
   Further capacity building for staff of Housing and Land Administration on environmental laws and environmental management.




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3.2.2 Local Government Macro-Planning
                                                                                            Description
   The regulation and management of the Land Development Objectives (LDO) process.
   The regulation and management of the Integrated Development Plans (IDP) process.
   The regulation of the Interim IDP process to be completed by the end of March.
   The compilation of LDO‟s and IDP‟s and their implementation by all Local Authorities.

                                                                                 Governing Laws and Policies
   Development Facilitation Act
   Official Notice 9 of 1997, Provincial guidelines for drafting LDO‟s
   Local Government Transition Act
   Local Government White Paper, 1998
   Municipal Systems Act, 2000

                                                                                   Responsible Authority/ies
   Department of Housing and Land Administration; Sub-directorate: Macro-planning
   Department of Local Government, Traffic Control and Traffic Safety; Sub-directorate: Strategic Planning and IDP
   Local Authorities
   Department of Land Affairs
   Premiers office; Macro Policy and Strategy Unit

                                                                                     Environmental Issues
   Change of land use and associated impacts.
   Compact cities and urban sprawl
   Loss of habitat and biodiversity
   Energy and transport




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                                                                                Compliance to NEMA Principles
Sustainable Development             An initial impression of LDO/IDP‟s for the province is that sustainability is focused on social and economic issues and there is a lack of integration of
                                     environmental considerations.
Integration of Environmental        An initial impression of LDO/IDP‟s for the province is that most lack integration o f environmental considerations
Considerations into Decision
Making
Participation, Empowerment          There has generally been little or no participation by people from an environmental perspective (ie. no environmental committ ees and environmental planning
and Transparency                     forums).
                                    Consultants (usually development planners) largely facilitate LDO/IDP processes. Environmental issues and representation on LDO/IDP fora at the local level is
                                     not a priority.
Environmental Justice and           An initial impression of LDO/IDP‟s for the province is that most lack integration of environmental considerations
Equity                              Effective LDO/IDP‟s should result in a more equitable access to environmental resources, such as clean drinking water.
Ecological Integrity                Some LDO/IDP‟s contain zoning and plans to protect sensitive areas, such as wetlands. A more comprehensive approach to incorporate and plan for green open
                                     space, watersheds and sensitive areas is required.
Cooperative Governance              An initial impression of LDO/IDP‟s for the province is that most lack integration of en vironmental considerations
                                    There is poor co-ordination and co-operative governance relating to the LDO/IDP process in the province in general. Environmental issues and sustainable
                                     development are not sufficiently addressed in this process

                                                                Compliance to Relevant Environmental Legislative Provisions
NEMA                                LDO/IDP‟s need to adhere to provincial EIP and NEMA Principles in T erms of Section 16 (4) of NEMA.

                                                        Existing Arrangements for Cooperative Governance and Environmental Management
    Staff of the Department of Housing and Land Administration and of various Local Authorities have attended course in environmental management.
    Provincial guidelines for drafting LDO‟s (Official Notice 9 of 1997) further enforce environmental provisions and DFA princip les.

                                                           Recommendations for Cooperative Governance and Environmental Management
    Establishment of interdepartmental co-ordination and evaluation committee to review LDO/IDP‟s. Environmental Management Directorate of DACE to be represented on this committee. The
     committee will assess all LDO/IDP‟s.
    Environmental Management Directorate of DACE to assist Local Authorities in the formulation of LDO‟s/IDP‟s relative to enviro nmental provisions.
    Training for Local Authorities on the integration of environmental issues into LDO/IDP process.
    Interdepartmental Task Team to develop provincial guidelines for the integration of environmental issues into the LDO/IDP pro cess. A Strategic Environmental Assessment approach for
     LDO/IDP could result in streamlining the EIA process for approved LDO/IDP‟s.
    Provincial Task Team/DACE to develop evaluation criteria for assessing the integration of environmental issues and principles into LDO/IDP (as guided by NEMA principles, DFA principles and
     Local Agenda 21 principles)




                                                                                                                                                                                               16
3.2.3 Provincial Roads
                                                                                               Description
    Provide a provincial roads infrastructure by managing the construction and rehabilitation of roads.
    Maintain the Provincial roads infrastructure.
    Planning, designing and surveying of new roads.

                                                                                    Governing Laws and Policies
    Road Ordinance of Transvaal 22 of 1957
    Advertising on Roads and Ribbon Development Act, 21 of 1940
    Draft Mpumalanga Provincial Roads Bill

                                                                                      Responsible Authority/ies
    Department of Public Works and Roads and Transport, Chief Directorate: Roads

                                                                                        Environmental Issues
    Ribbon Development
    Loss of habitat and biodiversity
    Borrow pits
    Impact on sensitive environments
    Transformation of landscapes
    Aesthetic impacts
    Pollution (water, dust, noise)

                                                                                    Compliance to NEMA Principles
Sustainable Development                EIA procedures are complied with for all provincial road construction. Many of these issues are addressed at the project level through the EI A process.
                                        Accordingly environmental issues, related to dust abatement and waste management are addressed in contracts for specific projects.
Integration of Environmental           Addressed if EIA is complied with.
Considerations into Decision
Making
Participation, Empowerment             All road projects have community stakeholder participation through site meetings.
and Transparency                       Issues related to public safety during the construction phases are addressed.
Environmental Justice and              The Occupational Health and Safety Act is adhered to by Public Works and Roads and Transport and issues related to rights of workers are addressed
Equity
Ecological Integrity                   Addressed through EIA
Co-operative Governance                EIA‟s are compiled

                                                                    Compliance to Relevant Environmental Legislative Provisions
R1182, R1183, R1184 (EIA)                    EIA‟s are compiled for all new roads.
MNCA                                         Comments addressed through EIA‟s.
                                             No compliance for the control of declared weeds in road reserve
OTHER                                        Partial compliance to legal provisions for EMPR‟s under the Minerals Act for the use of borrow pits. Older borrow pits have not been rehabilitated.




                                                                                                                                                                                                    17
                                                       Existing Arrangements for Cooperative Governance and Environmental Management
   Design and construction of roads is carried out by consultants appointed by the Department of Public Works and Roads and Tran sport and/or by the Department itself. Consultants are appointed
    for EIA‟s where required in terms of the law.

                                                         Recommendations for Cooperative Governance and Environmental Management
   Department of Public Works and Roads and Transport to formalise an agreement with Working for Water for the eradication of declared weeds from road reserves and/or training of road
    maintenance teams in weed control.
   “Environmental clause” to be included in all road contracts and the terms of reference for contracts will reflect this requir ement.
   DACE and Public Works and Roads and Transport will jointly develop guidelines for integrating environmental issues into road construction and maintenance.
   DACE should support Public Works and Roads and Transport in monitoring compliance to environmental provisions, particularly for large projects and new roads.




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3.2.4 Immovable State Property
                                                                                             Description
      To plan and develop government property and the maintenance and management thereof. In most cases projects are identified by client department and further development of projects and
       contract supervision is by Public Works and Roads and Transport
      The Department of Health and the Department of Education have capital budgets for provisioning of health and school infrastructure respectively. No formal agreements relating to these property
       developments are in place between these departments and Public Works, Roads and Transport.

                                                                                       Governing Laws and Policies
None

                                                                                     Responsible Authority/ies
      Department of Public Works, Roads and Transport, Chief Directorate: Public Works (lead agent)
      Department of Health
      Department of Education
      Department of Social Services, Population and Development

                                                                                          Environmental Issues
      Loss of habitat and biodiversity
      Energy and water consumption
      Sewage and waste management
      Sensitive environments

                                                                                     Compliance to NEMA Principles
Sustainable Development                  No policies and guidelines are in place to ensure that water and energy efficiency and integrated waste management are addressed in property planning
                                          development and maintenance.
Integration of Environmental             Limited environmental considerations in project planning, design and construction.
Considerations into Decision
Making
Participation, Empowerment               Community Based Public Works Programme (CBPWP) for low capital projects ensures involvement by communities in service and public infrastructure (eg taxi
and Transparency                          ranks). Community based steering committees exist for all these projects. Environmental issues are not specifically addressed.
Environmental Justice and                The use of emerging contractors in CBPPW and requirements in this regard for capital intensive projects ensure some degree of equitable access to environmental
Equity                                    resources.
Ecological Integrity                     No information at present
Co-operative Governance                  An environmental committee was established for the new Riverside Government Buildings
                                         Environmental issues have been addressed in the Primkop International Airport development.




                                                                                                                                                                                                     19
                                                                 Compliance to Relevant Environmental Legislative Provisions
R1182, R1183, R1184 (EIA)                  Department of Public Works, Roads and Transport do not comply uniformly with EIA regulations for the construction of new buildings where required.
                                            There has been some degree of compliance, for example Primkop International Airport.
                                           The Departments of Health and the Department of Education operate on their own cap ital budgets and do not comply uniformly to EIA regulations (eg.
                                            Tonga hospital)
                                           Non compliance was largely due to lack of awareness or financial resources.
MNCA                                       Threatened species could be destroyed by new developments. No compliance - comments should be addressed through EIA‟s.


                                                      Existing Arrangements for Cooperative Governance and Environmental Management
   None for EIA‟s
   An environmental committee is in place for the construction of the new provincial government buildings (Riverside Complex).

                                                          Recommendations for Cooperative Governance and Environmental Management
   Ensure compliance by the Departments of Public Works and Roads and Transport, the Department of Health and the Department of Education to EIA regulations.
   The development of guidelines for the integration of environmental issues (eg. energy and water efficiency, waste and recycling) into property management, development and maintenance.
   An „environmental clause‟ to be included in all contracts related to property management, development and maintenance.
   Formal structured co-operation relative to environmental issues on capital projects between Public Works and Roads and Transport, the Department o f Education, the Department of Health and
    DACE (Environmental Management) is required.




                                                                                                                                                                                                   20
3.2.5 Agriculture
                                                                                               Description
   The regulation and management of agriculture, agricultural resources and agricultural development in the province, involving the rendering of agricultural extension services, certain agricultural
    engineering services, agricultural economics support services and veterinary services.
   Primary agricultural production in the province includes bananas, citrus, sugar cane, dryland maize and animal production.

                                                                                     Governing Laws and Policies
   Conservation of Agricultural Resources Act, 1983

                                                                                  Responsible Authority/ies
   Department of Agriculture, Conservation and Environment, Chief Directorate: Agriculture
   Department of Agriculture (national)

                                                                                         Environmental Issues
   Change of land use and associated impacts
   Water and land pollution (fertilisers, pesticides/herbicides)
   Waste
   Loss of habitat and biodiversity
   Sensitive environments
   High water consumption
   Changes in soil properties (hydrological, structural)
   Loss of agricultural land to urban development
   Sub-division of agricultural land and peri-urban development

                                                                                     Compliance to NEMA Principles
Sustainable Development              Agriculture has one of its main tasks the establishment of food security. The interpretation of this mandate has ensured that the Department takes a leading role in
                                      ensuring that sound conservation practices are practiced and that animal health is kept in check. At the same time, training on these matters is being provided to
                                      prospective farmers, advisors, farm managers and technicians in formal training sessions. Non-formal training is being provided to beneficiaries of land reform,
                                      farm workers and other interested groups. However, the approach in the Department has led to an emphasis on yields and increased agricultural production to the
                                      exclusion of testing alternative farming methods such as permaculture and organic farming.
                                     Water is a scarce resource and the efficient use of water is crucial. There is no formal provincial programme to research, develop and promote water efficiency
                                      across all sectors of agriculture in the province. A project on water scheduling for sugar cane farmers is being implemented.
                                     The home economics and environmental education sections of DACE do promote permaculture to some degree.
                                     There is no formal programme which considers alternat ive farming strategies, such as integrated pest management, organic farming and agroforestry.
                                     The promotion of household food security and urban food production does receive some attention through the home economics section of DACE..
                                     LANDCARE is being implemented in the province
                                     No till practices are being promoted in conjunction with the ARC in the Highveld region of the Province.
                                     Liming projects to improve soil quality are implemented in the Southern Highveld areas




                                                                                                                                                                                                          21
Integration of Environmental        Soil and water conservation is considered in planning.
Considerations into Decision
Making
Participation, Empowerment          Community projects involve broad community participation and participation by women. PRA techniques and methods are used to a limited extent in project
and Transparency                     planning and the recognition of indigenous knowledge related to resource use and management is limited. It is important that agricultural extension officers
                                     receive training in participatory approaches to planning, environmental management and the concepts of sustainable livelihoods.
Environmental Justice and           Most new projects are targeted at previously disadvantaged farmers. An example is the resettlement of sugar cane farmers in the Nkomazi area. DACE is
Equity                               involved in project planning for agriculture related land reform projects.
                                    It is important that the planning of agricultural projects is carried out within the context of a broader provincial planning approach. Particularly where these
                                     projects may have negative downstream effects.
Ecological Integrity                Opening up new areas for crop farming (debushing authorisations) only addresses soil erodability. Ecosystem characteristics not considered (limited land
                                     evaluation)
                                    Restrictions on riparian debushing are not always strictly enforced.
                                    Ecological aspects relating to soil and water conservation are addressed to some degree in farm planning and agricultural development. Little to no consideration
                                     of biodiversity aspects and important cultural sites.
                                    LANDCARE is being implemented in the province
Co-operative Governance             Partial co-operation with environmental authorities.

                                                                  Compliance to Relevant Environmental Legislative Provisions
R1182, R1183, R1184 (EIA)                  Little to no compliance to EIA regulations, particularly for debushing permits, bulk irrigation and other agricultural engineering services.
                                           Attempts to establish a single approval process for environmental impact assessment and debushing permits has never materialised.
                                           Non compliance was largely due to lack of awareness or financial resources
MNCA                                       No compliance for debushing permits and threatened species
OTHER                                      Some provisions relative to resource protection (eg. protection of watersheds, sponges, distance to rivers etc.) under the Co nservation of Agricultural
                                            Resources Act are not strictly enforced.

                                                       Existing Arrangements for Cooperative Governance and Environmental Management
Debushing
   Enforcement of Conservation of Agricultural Resources Act for soil erosion by conditions in permits for debushing.
   Implementation of Landcare through Extension Services and Agricultural Engineering and Soil Conservation sections.
   Some meetings between Impact Management and Engineering and Soil Conservation were initiated to establish cooperation for debushing authorisations. To date no clear procedure has been
    agreed upon.
Farm planning
   Agricultural engineering principles applied in planning addresses some issues around soil and water conservation.




                                                                                                                                                                                                       22
                                                           Recommendations for Cooperative Governance and Environmental Management
Debushing
    EIA regulations will be enforced.
    A single entry questionnaire/form and procedure, with one authorisation, for EIA and debushing will be developed.
    Endorsement by DWAF if necessary.
Bulk Irrigation
    EIA regulations will be enforced.
    There must be broader co-operation with Environmental Management Directorate of DACE in initial project planning for bulk irrigation projects.
Farm Planning
    EIA regulations will be enforced.
Pesticides,herbicides and fertilisers
    DACE to develop a register of pesticides, herbicides and fertilisers use by the agricultural sector in the Province.
    This information will be used to develop indicators for the Mpumalanga State of Environment Report.
Alternative Farming Programme
    DACE to investigate and implement an Alternative Farming Programme, including but not restricted to, organic farming, agroforestry, permaculture, integrated pest management and biogass
     systems.
Environmental Management Systems (EMS)
    DACE to investigate the development and adoption of Environmental Management Systems for larger farming co-operatives (eg. sugar cane, banana and maize) in the province.




                                                                                                                                                                                                23
3.2.6 Municipal Bulk Infrastructure
                                                                                               Description
    The provisioning of bulk infrastructure within municipal boundaries through various programmes such as the Consolidated Municipal Infrastructure Programme (CMIP) whereby Department of
     Local Government, Traffic Control and Traffic Safety approves and funds Bulk Infrastructure Projects. The budget for the CMIP programme in Mpumalanga is approximately R 60 000 000,00 per
     annum. CMIP is a national programme overseen by the Department of Provincial and Local Government (National)
    In most cases the approval of CMIP projects is in support of housing related projects approved by the Provincial Housing Boar d.

                                                                                      Governing Laws and Policies
    Municipal Systems Act
    Municipal Structures Act
    White Paper on Local Government
    Local Government Transition Act (209 of 1993)

                                                                                        Responsible Authority/ies
    Department of Local Government, Traffic Control and Traffic Safety
    Department of Housing and land Administration, Directorate: Technical Services
    Local Authorities

                                                                                          Environmental Issues
    Visual impact
    Sensitive environments
    Loss of habitat and biodiversity
    Pollution and waste.

                                                                                    Compliance to NEMA Principles
Sustainable Development                Bulk infrastructure development is crucial for the provisioning of basic services, such as clean water, sanitation and roads and for improving the quality of
                                        peoples lives. The criteria for evaluation and approval of most bulk infrastructure provisioning are social equity and economic and technical feasibility.
                                        Environmental considerations related to sustainable development are not considered in CMIP approvals.
Integration of Environmental           No integration of environmental considerations at the funding approval stage of CMIP projects.
Considerations into Decision
Making
Participation, Empowerment             Communities identify needs related to bulk infrastructure and these are reflected in planning and approval of CMIP projects.
and Transparency
Environmental Justice and              Access to environmental resources such as clean drinking water is ensured through bulk infrastructure provisioning. Provisioning of services in rural areas take
Equity                                  precedence over urban areas in CMIP approvals. Social facilitators are contracted for verification of social equity for CMIP project applications prior to approval.
Ecological Integrity                   Not addressed in budget approval process for CMIP projects.
Co-operative Governance                None for budget approval process for CMIP projects.




                                                                                                                                                                                                        24
                                                                  Compliance to Relevant Environmental Legislative Provisions
R1182, R1183, R1184 (EIA)                  The authorising and permiting of infrastructure projects by the Department of Local Government, Traffic Control and Traffic Safety does not comply to
                                            EIA regulations
                                           Authorisations for projects by Local Authorities do not all comply with EIA regulations.
                                           Non compliance was largely due to lack of awareness or financial resources


                                                           Arrangements for Cooperative Governance and Environmental Management
   The Project Management sub-directorate of Local Government, Traffic Control and Traffic Safety is responsible for co-ordinating the provisioning of infrastructure projects within municipalities.
    The three Infrastructure Programmes, aimed at the provisioning of infrastructure projects are Consolidated Municipal Infrastructure Programme (CMIP), Departmental Infrastructure Programme
    and European Infrastructure Programme. At present there is no representation of environmental interests on any of these programmes. Business plans for potential projects are evaluated by CMIP
    committee. Economic feasibility and social equity are the primary criteria for approval and granting of funds for CMIP projects and environmental issues are not considered at this stage of
    planning and approval. No budgetary provision for environmental investigations for projects approved by CMIP.

                                                         Recommendations for Cooperative Governance and Environmental Management
   DACE must become more actively involved in CMIP and other bulk infrastructure provisioning programmes. It is recommended that Environmental Management be represented on the CMIP
    committee.
   EIA regulations will be enforced.
   There is a need for more integrated planning for housing and township development. The involvement of DACE (Enviro nmental Management Directorate) must be ensured in these processes.
   Business plan format for CMIP projects must be reviewed and should incorporate environmental considerations. Business plans should reflect budgetary requirements for environmental
    investigations and environmental management.




                                                                                                                                                                                                    25
3.2.7 Municipal Waste and Medical Waste
                                                                                               Description
    The disposal of municipal waste
    The disposal and treatment of medical waste

                                                                                      Governing Laws and Policies
    Health Act 63 of 1977
    HBO regulations (Regulation Gazette 6651 of 1999)
    Occupational Health and Safety Act 85 of 1993
    Human T issues Act & Amendments
    SABS : 0248 of 1993
    World Health Organization - Guidelines
    Basel Convention – Hazardous Waste (Toxic and radio Active waste)
    Minimum requirements for handling and disposal of Hazardous Waste
    Environment Conservation Act
    DWAF minimum standards for general waste sites

                                                                                        Responsible Authority/ies
    Department of Health
    Local Authorities

                                                                                          Environmental Issues
    Recycling and waste reduction
    Pollution (leachate from landfill, smell and visual)
    Air pollution from waste incineration
    Medical waste in landfill
    Scavengers at landfill

                                                                                     Compliance to NEMA Principles
Sustainable Development                Limited recycling of waste in the province. Private sector initiatives drive recycling efforts. Generally medical waste is not disposed of in a responsible manner.
                                        In many cases incineration is not possible and medical waste is discarded as general waste.
                                       Some municipalities have permitted landfill sites and comply to „DWAF Minimum Requirements for Waste Disposal by Landfill‟
Integration of Environmental           Waste management is by landfill and/or incineration, there is no waste separation and recycling on a provincial level.
Considerations into Decision           Landfills have limited lifespan and closure is often not considered in un-permitted landfill.
Making                                 There is limited implementation of National Waste Management Action Plan.
Participation, Empowerment             Scavenging is a problem on many landfills and communities are generally not informed about environmental risks.
and Transparency                       DACE, Environmental Education does encourage small-scale waste recycling.
Environmental Justice and              Collection, disposal and treatment of waste not uniformly applied across all local authorities and often inadequate in previously disadvantaged and poorly
Equity                                  resourced areas.
Ecological Integrity                   Many landfills are not have permits from DWAF and thus may not comply with all these principles
Co-operative Governance                DWAF issues permits for municipal landfills i.t.o. the ECA.




                                                                                                                                                                                                       26
                                                                    Compliance to Relevant Environmental Legislative Provisions
R1182, R1183, R1184 (EIA)                   EIA‟s for incinerators in the province are not uniformly applied.
ECA                                         Incorrect disposal of medical waste in many cases.
                                            Many General Waste Sites are not permitted in terms of the relevant sections of this act and thus in effect operate illegally.

                                                             Arrangements for Cooperative Governance and Environmental Management
   DWAF permits general waste sites as per sections 20 and 24 of the ECA.
   At present there is no general provincial strategy to ensure Integrated Waste Management at all Local Authorities. The Integrated Pollution and Waste Management White Paper and the National
    Waste Management Strategies and Action Plans for South Africa have not been operationalised in the province

                                                        Recommendations for Cooperative Governance and Environmental Management
   DACE and the Department of Health to develop a medical waste management policy and strategy for the province, consistent with the IP&WM White Paper.
   DACE to assist Local Authorities in the development of first -generation waste management plans.
   DACE to conduct an audit of all existing general waste sites, to determine compliance to laws and to enforce minimum standards.
   IPWM and associated strategies must be implemented. Clarity on the roles and responsibilities of national, provincial and local government in this regard is required.




                                                                                                                                                                                               27
3.2.8 Minerals Development and Small–Scale Mining
                                                                                            Description
    The promotion of and co-ordination of small-scale mining in the Province

                                                                                   Governing Laws and Policies
    Minerals Act
    The Minerals Development Bill
    The White Paper of Minerals and Energy

                                                                                     Responsible Authority/ies
    Department of Minerals and Energy (national)
    Department of Economic Affairs, Gaming and Tourism

                                                                                       Environmental Issues
    Physical scarring of landscapes
    Waste management and mine dumps
    Rehabilitation
    Pollution (water, air and noise)
    Aesthetics
    Health and Safety

                                                                                  Compliance to NEMA Principles
Sustainable Development              EMPR‟s should address many of these issues. Many mines however operate without approved EMPR‟s
                                     The use and disposal of cyanide and mercury in gold mines is not correctly managed. There have been attempts to address this issue in the Province.
                                     Many small-scale miners operate illegally in disused mines.
Integration of Environmental         Should be addressed in EMPR‟s.
Considerations into Decision         The majority of mines in the Province operate without EMPR‟s.
Making
Participation, Empowerment           The Department of Economic Affairs Gaming and Tourism facilitate the promotion and development of small - scale mining in the province. Promoting legal
and Transparency                      compliance and safety, including EMPR requirements, form part of this process.
Environmental Justice and            The small-scale mining programme is intended to ensure equitable access to mineral resources by previously disadvantaged groups.
Equity                               Safety and Health and environmental requirements are not sufficiently addressed in smale-scale mining.
                                     Many small-scale miners operate illegally in disused mines
Ecological Integrity                 EMPR‟s should address many of these issues. Many mines however operate without approved EMPR‟s

Co-operative Governance              Department of Economic Affairs, Gaming and Tourism assist small-scale miners with EMPR applications to DME.




                                                                                                                                                                                            28
                                                                   Compliance to Relevant Environmental Legislative Provisions
Minerals Act                                 Many smale-scale mining operations operate illegally
                                             EMPR‟s are required for all mining and prospecting activities in terms of this act. Many mining operations in the province do not have EMPR‟s.
                                             Closed, disused and abandoned mines have also not been rehabilitated and pose environmental problems and safety hazards.

                                                         Arrangements for Cooperative Governance and Environmental Management
    EMPR‟s are required by DME for all new mining activities in terms of the Minerals Act.
    All EMPR‟s in the province are submitted to DACE for comment.

                                                            Recommendations for Cooperative Governance and Environmental Management
    Closer co-operation between DACE, DME and Economic Affairs and Gaming regarding new minerals development and conformance to environmental laws.
    A provincial audit of all existing mines in the province and the status of EMPR‟s for all mines. This information will be used in part for the Mpumalanga State of Environmental Report related to
     environmental governance.
    The National Smale Scale Mining Committee of DME should provide guidance to Provinces regarding EMPR compliance of small-scale mining and funding for this.
    A Provincial Steering Committee to be established for small scale mining, to amongst others, address issues related to environment, health and safety of this sector and compliance to EMPR
     regulations.




                                                                                                                                                                                                     29
3.2.9 Industrial Development
                                                                                             Description
   The focus of the Industrial Development Strategy for the province is on the future expansion of existing industrial clusters (eg. Petrochemical cluster in the Secunda area). Industrial cluster
    expansion will occur primarily in existing Industrial Development Zones of towns and is thus largely driven by local authorities and large key industries. The focus of provincial government is on
    promotion and facilitation of industrial development. The provincial government is involved on a macro-economic scale with industrial development planning.
   The following examples of Industrial Clusters have been identified:
        Middelburg: Columbus Steel – Stainless Steel cluster
        Secunda: Sasol Secunda – Petrochemical cluster
        Piet Retief: MONDI – Forest Products cluster
        Lowveld: Agriculture and Agro – Processing clusters
   The Mpumalanga Investment Initiative ( MII) promotes investment (foreign and local) in economic development, including indust rial development in the province

                                                                                    Governing Laws and Policies
   The Constitution of the Republic of South Africa, 1996
   Growth Employment and Redistribution Programme (GEAR)
   Reconstruction and Development Programme (RDP)
   Mpumalanga Province Industrial Development Strategy

                                                                                      Responsible Authority/ies
   Department of Economic Affairs, Gaming and Tourism
   Local Authorities
   The Department of Trade and Industry (DTI)
   Mpumalanga Investment Initiative (MII)

                                                                                        Environmental Issues
   Pollution and waste
   Loss of habitats and biodiversity
   Sensitive environments
   Energy and water consumption




                                                                                                                                                                                                     30
                                                                                  Compliance to NEMA Principles
Sustainable Development              Industrial development contributes towards job creation and economic upliftment.
                                     The Industrial Development Strategy for the province has not specifically taken cognisance of environmental matters. T here has not been a strategic
                                      environmental focus in the development and expansion of industrial clusters
Integration of Environmental         This may occur at the project level, however there has been no consideration at the planning level for industrial clusters.
Considerations into Decision
Making
Participation, Empowerment           There is community involvement on cluster committees i.t.o economic development, however economic planning takes preceden ce and environmental and health
and Transparency                      consequences of industrial development is not discussed.
                                     The environmental consequences of the Industrial Development Strategy and industrial cluster expansion have not been consider ed and there is little to no
                                      participation of interested and affected parties related to environmental issues in economic and industrial development planning

Environmental Justice and            The degree to which environmental justice and equity is pursued in industrial development is difficult to assess.
Equity
Ecological Integrity                 Presently most industrial development is confined within designated industrial development zones of local authorities.
Co-operative Governance              No existing government structures for ensuring environmental issues are integrated into industrial development planning for the province.

                                                                    Compliance to Relevant Environmental Legislative Provisions
    There is no information on general compliance at the project level.

                                                              Arrangements for Cooperative Governance and Environmental Management
    The Department of Economic Affairs and Tourism does not have a specific policy and approach for considering environmental issues in planning and specifically industrial cluster development.
    Cluster committees exist for all clusters. There is no environmental input and representation on these committees at present.

                                                        Recommendations for Cooperative Governance and Environmental Management
    Department of Agriculture, Conservation and Environment and The Department of Economic Affairs, Gaming and Tourism to actively promote the use of environmental management systems
     (EMS) such as ISO14001 in industry.
    The SEMP and Investors Guide document must be promoted and distributed to all potential investors and developers.
    Environmental representation on Cluster Committees.
    Strategic Environmental Assessment (SEA) should be undertaken for selected clusters.




                                                                                                                                                                                                     31
3.2.10 Housing
                                                                                              Description
   To facilitate the provisioning of sustainable housing to communities on a progressive basis by administering subsidy schemes, rendering support services to the Mpumalanga Housing Development
    Board and evaluating housing project applications.
   To ensure proper implementation of housing infrastructure development projects through technical services

                                                                                 Governing Laws and Policies
   National Housing Act
   National Housing Code
   Development Facilitation Act

                                                                                   Responsible Authority/ies
   Department of Housing and Land Administration
   Mpumalanga Housing Development Board
   Local Authorities
   Department of Housing (national)

                                                                                     Environmental Issues
   Pit latrines and sanitation
   Energy efficient housing
   Water conservation and re-use
   Urban open space
   Greening
   Impacts of engineering services
   Waste management




                                                                                                                                                                                               32
                                                                                  Compliance to NEMA Principles
Sustainable Development             Financial limitations (R16 000,00 grant) for housing projects limit the incorporation of environmental issues into housing projects.
                                    Most housing development projects are greenfield developments and thus to some extent contributes to „urban sprawl‟.
                                    The focus of housing development and delivery is not on densification
Integration of Environmental        Technical reports for housing projects do have an environmental analysis component. EIA regulations specifically are not uniformly applied.
Considerations into Decision        These issues are not addressed. Financial limitations are perceived to limit innovation and incorporation of alternative housing design.
Making                              The focus for housing delivery is on numbers of houses delivered and not necessary on a quality product and integration of other social and economic needs.
                                    Many housing projects are in rural areas and pit latrines are installed, alternatives should be investigated.
Participation, Empowerment          Policy dictates that a minimum of 5% of all housing subsidise must be reserved for women.
and Transparency                    The Social Compact ensures participation and representation by communities and the „modus operandi‟ in housing projects. Env ironmental issues are not
                                     specifically addressed.
Environmental Justice and           The housing programme will result in a more equitable distribution of services, especially for previously disadvantaged groups
Equity                              Housing delivery focus is more rural biased
Ecological Integrity                Most housing development projects are greenfield developments and thus to some extent contribute towards „urban sprawl‟.
                                    Project layout plans do reflect open space, but this is not specifically linked to ecological integrity.
                                    Many housing projects are in rural areas and pit latrines are installed. More suitable options, such as Envir-loo‟s must be investigated.
Co-operative Governance             There is limited awareness and recognition of HABITAT Agenda and Agenda 21 in housing projects.
                                    The ultimate responsibility for service delivery related to waste and refuse and sanitation rest with local authorities. Co-operation exists in this regard between
                                     Department Land Administration and Housing and Local Authorities.


                                                                 Compliance to Relevant Environmental Legislative Provisions
R1182, R1183, R1184 (EIA)                  There is limited compliance to EIA regulations for housing projects
                                           Non compliance was largely due to lack of awareness or financial resources

                                                           Arrangements for Cooperative Governance and Environmental Management
    None

                                                          Recommendations for Cooperative Governance and Environmental Management
    Establishment of „environmentally friendly housing‟ pilot demonstration project.
    There is a need for more integrated planning for housing and township development. The involvement of DACE in this regard must be ensured. Processes and procedures involved in housing and
     township establishment relative to provincial and local government must be clearly understood to ensure appropriate intervention and integration of environmental issues.
    Enforce compliance to EIA regulations and NEMA principles.




                                                                                                                                                                                                           33
3.2.11 Land Reform
                                                                                                Description
   A process of addressing the legacy of apartheid in relation to land distribution and to create security of tenure and certainty in relation to rights in land especially for previously disadvantaged
    communities and individuals. The programme of land reform consists of the three parts, namely, land restitution, land redistribution and land tenure reform. The planning of land development as a
    component of the land reform programme, particularly settlement and agricultural development poses significant affects on the environment.

                                                                                    Governing Laws and Policies
   The Restitution of Land Rights Act, 22 of 1994
   The Extension of Security of Tenure Act, 62 of 1997
   The Provision of Certain Land for Settlement Act, 126 of 1993
   Interim Protection of Informal Land Rights Act (IPILRA) 31 of 1996
   The Land Rights (Labour T enants Act) 3 of 1996
   Land Redistribution for Agricultural Development Policy (LRAD)
   LRAD Policy for Mpumalanga
   Development facilitation Act 67 of 1995
   Communal Property Associations Act 28 of 1996
   Upgrading of Land T enure Rights Act 112 of 1991

                                                                                      Responsible Authority/ies
   Department of Housing and Land Administration
   Department of Land Affairs (national)
   Department of Agriculture
   DACE

                                                                                        Environmental Issues
   Sub-division of agricultural land
   Change of land use and associated impacts
   Waste management and sewerage in settlement projects
   Conflicts of land use
   Land holding and administration of land based natural resources by groups
   Maintenance of sustainable livelihoods
   Changes in tenure status and associated impacts
   Sustainable land use planning

                                                                               Compliance to Relevant NEMA Principles
Sustainable Development              Most of these principles are reflected in Land Affairs policies related to land reform, although land reform has focused on social and economic issues.
                                     In some cases the development of business plans for land reform projects have reflected environmental issues, however this has been the exception rather than the
                                      rule.
                                     Guidelines for the integration of environmental planning into land reform are in the process of being adopted by the DAL. If these guidelines are followed they
                                      should address most of the NEMA principles.




                                                                                                                                                                                                      34
Integration of Environmental         These are not addressed uniformly in projects. The guidelines will address most of these issues.
Considerations into Decision
Making
Participation, Empowerment           By nature land reform is a participatory process and the involvement of women and the disabled is ensured.
and Transparency                     Environmental awareness in planning and project development are not specifically addressed in land reform.
Environmental Justice and            Equitable access to environmental resource is ensured through the land reform programme. The focus of land reform projects is on securing land rights, tenure
Equity                                and agricultural development and settlement.
Ecological Integrity                 These issues are presently not adequately considered in land reform.
Co-operative Governance              There is informal and ad-hoc co-operative governance at the project level.
                                     The DLA-DANCED training has strengthened this informal co-operation (especially between DLA and Environmental Management Directorate of DACE).

                                                                    Compliance to Relevant Environmental Legislative Provisions
R1182, R1183, R1184 (EIA)                   Partial compliance to EIA regulations for land reform projects.
MNCA                                        A more pro-active process for identifying suitable land and avoiding conflicts with conservation efforts and biodiversity protection is required. A
                                             bioregional approach to planning and an effective conservation strategy for the province would help prevent potential conflicts of interests between land
                                             reform and its associated developments and conservation.

                                                           Arrangements for Cooperative Governance and Environmental Management
    DLA has driven numerous training courses for relevant officials in the province (DACE, Department of Housing and Land Administration, Local Authorities etc.) on the Integration of
     Environmental Planning into the Land Reform programme.
    DACE is involved to some extent on project planning committees of some land reform projects.

                                                            Recommendations for Cooperative Governance and Environmental Management
    The institutional arrangements and responsibilities of various government departments in land reform, settlement support and after care are being resolved and finalised.
    A memorandum of understanding must be negotiated between DACE and DLA on co-operation and responsibilities related to environmental requirements, agricultural development, and project
     planning and support services for the land reform programme.
    Environmental Management Directorate of DACE should be represented on the Provincial State Land Disposal Committee and on the Provincial Project Approval Committee (PPAC)
    Memoranda of understanding between Provincial Land reform Office and other Departments regarding managing natural resources on State Land.




                                                                                                                                                                                                     35
4. GENERAL RECOMMENDATIONS FOR ENVIRONMENTAL
   MANAGEMENT AND COOPERATIVE GOVERNANCE
Detailed reco mmendations for co-operative governance and environmental management for specific
functions exercised in the province have been provided in the previous section. The following
recommendations are general overarching reco mmendations for co -operative governance and
environmental management that would apply across the province.


4.1 Institutions

4.1.1    Provincial Planner’s Forum
This foru m consists of the departmental planners of the Province. The Macro Planning unit of the Premier‟s
Office chairs this body. Meetings are to take place once a month.

The primary function of this foru m is to pro mote co-ordination between the Provincial Depart ments as well
as to promote the optimu m utilisation of the Provinces resources. Since this forum has at its disposal the
policies, plans & programmes of the various Departments, it can be a useful vehicle to integrate
environmental considerations into decision making.

The following tools can be used for this purpose:
 Existing EIP
 Strategic Environ mental Management Plan (SEM P)
 Provincial State of Environ ment Report (SOER)
 Environmental Potential Atlas (ENPAT) for Mpu malanga

With the current restructuring taking place in the Office of the Premier, the above forum is currently not
functioning. This forum (or one similar in function) would operate in the near future, and the above
recommendations would still apply.


4.1.2    Provincial Committee for Environme ntal Co-ordination (PCEC)
The PCEC would be a reflect ion of the National CEC but at the Provincial level. It is to be chaired by the
DG of the Province with the Hod‟s of the various Departments representing the line functions of the
Province. It is envisaged that this body will meet twice a year (every six months).

The duties of the PCEC will include the following:
 Scrutinising, reporting and making reco mmendations on the Provincial EIP
 Make reco mmendation to co-ordinate the application of IEM in the Province
 Make reco mmendations at securing compliance with the NEMA principles
 Make reco mmendations regarding the harmonising of the environmental functions of all relevant
    Provincial Depart ments and spheres of Government
 Scrutinising and making reco mmendations on the Provincial EIP co mpliance report
 Co-ordinat ing any other environmental functions which may be necessary by the Province, such as the
    SOER and the Report on Sustainable Development

The secretariat of the PCEC will be housed in the Directorate Environ mental Management: DACE
4.1.3    Provincial Liaison Committee (PLC)
The PLC is a co-ordinating body housed in the Provincial DWAF offices. The p rimary focus is on water
and forestry issues in the Province.

According to the proposed structure, the PLC would have representatives from the following bodies:
 DWAF (National & Provincial)
 DACE
 Depart ment of Local Govern ment & Traffic
 Premier‟s Office
 Representatives fro m other Depart ments
 LOGAM
 District Councils
 Water Boards
 CMA's
 Inter Govern ment Relations Foru m

Since many policies, plans & programmes have some impact on water, this foru m can screen these
activities to some degree. With regard to the environ ment, the following tools can be used in decision
making:

   Existing EIP
   Strategic Environ mental Management Plan (SEM P)
   Provincial State of Environ ment Report (SOER)
   Environmental Potential Atlas (ENPAT) for Mpu malanga


4.1.4    Local Government Association of Mpumalanga (LOGAM)
Before the new municipal demarcat ion, LOGAM were represented by all TLC's as well as DC‟s. With the
new demarcation, all local & district councils of the Province would represent LOGAM.

LOGAM includes the technical personnel of building control, planning & the engineering units of the
municipalities. Meetings are to take place every 2nd month.

The primary function of LOGAM is the following:

   Discuss new legislat ion that affects local authorities
   Discuss problems & challenges that face local authorities
   Serve as a platform for learning fro m other local authorities
   Invite other organisations (government & private) to share informat ion

It is recommended that DACE be represented in this forum. The main functions of this representative
would be:

   To integrate EIP and IDP/LDO's as indicated in Sect ion 16(4)(b) of NEMA
   Pro mote tools such as the SEM P in decision making
   Provide guidelines for environ mental issues in decision making
4.1.5    Local Authority Environmental Committees
With the new municipal demarcat ion, all development takes place to some degree in a municipality .
Therefore, the local authority receives many development proposals and hence environmental
considerations should be integrated in decision making at this tier o f government.

The local authority environ mental co mmittee wou ld consist of the following:
 Representative fro m the various Depart ments of the municipality
 Representatives fro m Council
 Representatives fro m DACE

The focus of the local authority environmental committee would be:
 Screen proposals against environment considerations
 Develop environ mental policies, plans & programmes for the municipality
 Ensure the integration of environ mental issues into the LDO/IDP processes

It is envisaged that this local authority environmental co mmittee would be the vehicle through which
selected environmental authority would be delegated fro m Provincial or National DA CE.


4.1.6    Local Economic Development Forum (LEDF)
The LEDF is established under the direction of the National Depart ment of Provincial & Local
Govern ment. In this Province, it is co-ordinated by the Department of Local Govern ment & Traffic. Other
representatives include the Department of Econo mic Affairs, Gaming & Tourism (Economics unit);
Depart ment of Agriculture, Conservation & Environ ment (Agriculture unit); Depart ment of Public Works,
Roads & Transport (Public Works unit); and representatives from the three District Council. Meetings are
to take place once every two month.

The function of the LEDF is to:
 Co-ordinate the funds for municipal develop ment (local economic develop ment fund)
 Screen & prioritise projects for funding

As this is a forum that can identify p rogrammes & p rojects that can have an impact on the environ ment, the
following is reco mmended:
 A representative fro m the Environmental Management unit of DACE be part of the LEDF
 Gu idelines be developed for the inclusion of environ mental issues in decision making
 Use tools such as the SEMP for screening of pro jects


4.1.7    Mpumalanga Tender Board
The Mpumalanga Tender Board has been established in terms of the Tender Board Act (Eastern Tra nsvaal),
Act number 2 of 1994. The Board consists of 16 members including a representative from DA CE.

This body is involved with the evaluation and awarding of tenders that often has an impact on the
environment. Therefore, environmental considerations s hould be included in decision making in the
evaluation and awarding of tenders.

The following is reco mmended:
 Develop ment of guidelines for the integration of environ mental issues in tender board evaluation
 Use of SEMP to be considered in evaluation
4.2 Tools for Environmental Management

4.2.1    Mpumalanga State of Environment Report (SoER)
An effective mechanism for monitoring and reporting on the state of the environment and on environmental
governance and performance is urgently required. The So ER should be used as a decision support tool by
government and should be the basis for guiding key policy decisions around environmental management
for the province. The first phase of the SoER will be the develop ment of Key Environ mental Indicators
(KEI‟s) which would provide an indicat ion of the state of the environment. Key indicators would reflect
biophysical, economic and social information. Following the development of Indicators a co mprehensive
SoER will be published for the Province bi-annually.


4.2.2    Mpumalanga Pe rformance Report on Sustainable Development
South Africa is a signatory to the Agenda 21: Programme of Action for Sustainable Development. The
Agenda 21 Programme is a blueprint fo r action for global sustainable development into the 21 st century.
Key to this programme is the integration of environment and development to satisfy basic human needs,
improve liv ing standards for all, better protect and manage ecosystems and ensure a more prosperous
future. It is important that the Province should monitor its progress in achieving the objectives of Agenda
21. In terms of Section 26 (2) of NEMA an annual perfo rmance report on sustainable development must be
compiled fo r the country. An Annual Performance Report on Sustainable Develop ment will be co mp iled
for the Province to feed into the National Report. This report will be co -ordinated by DACE with the input
and co-operation of the other Depart ments of the Province.


4.2.3    Mpumalanga Strategic Environmental Manage ment Plan (SEMP)
ENPAT (Environ mental Potential Atlas), So ER and public consultation would be used to further develop
the existing Maputo Corridor SEMP for the entire province. Bioregional planning would be a key focus of
the SEMP and would transcend local political and administrative boundaries. It is envisaged that the
SEMP would be used to guide the general direct ion of growth and development in the province in the
context of the sustainable use of natural resources and a recognition of environmental opportunities and
constraints.


4.2.4    Mpumalanga Biodiversity Conservation Strategy
Linked to the SEMP and provincial planning in itiat ives is a need for an effect ive biodiversity conservation
strategy. It is crucial that a provincial conservation strategy is developed, especially fo r the identification
of key conservation areas for the adequate protection of landscapes of significant importance, b iodiversity
rich areas and threatened species. The Mpumalanga Parks Board and DACE will together take the leading
role in this regard.


4.2.5    Local Authority Integrated Environmental Policy
Local Govern ment is to become the leading tier of govern ment to effect service delivery and the
administration and use of land. It is crucial, especially in light of the new local govern ment demarcations,
that local authorities plan, manage and use land in accordance with environ mental provisions, that
development is sustainable and that waste is effectively managed. Key to ensuring this is the development
of effect ive structures at the local level for environ mental co-ord ination and management and the
development of Integrated Environmental Policy for all Local Authorities in the province. The province
will identify key local authorities, set up environmental co mmittees and assists with development of
environmental policy for these local authorities.
4.2.6    Environmental Manage ment Systems (EMS)
Self-regulatory mechanis ms such as EMS are seen as an integral component of effect ing environmental
management in the province. Major industries in Mpumalanga currently have ISO 14001 ac creditation and
the forestry sector has its own Forestry Stewardship Cert ification (FSC). The provincial government will
undertake a monitoring ro le with regard to EMS in the province and will report on progress in this regard in
the annual So ER. DA CE together with the Depart ment of Economic Affairs and Gaming will undertake to
promote EMS in Industry and the Agricultural sector


4.2.7    Environmental Education and Awareness
Environmental Education is promoted in schools and through the various environmental edu cation centers
in the province and is targeted at school – going learners. More emphasis needs to be placed on awareness
of environ mental issues for the general public in the Province.
Three areas currently requiring specific attention will be imp lemented :
 An environmental awareness programme on EIA for provincial and local govern ment. The objectives
     of which will be to ensure a clear understanding of EIA regulations, procedures and areas of co -
     operative governance.
 An awareness programme on Agenda 21 iss ues.
 An awareness programme on environmental rights and responsibilit ies in terms of NEMA.


4.2.8    Environmental Impact Assessment
Various government departments are responsible for pro moting, facilitating and imp lementing develop ment
in the province. Many of these functions and mandates of government within the province are affected by
laws governing Integrated Environ mental Management and may require EIA‟s in terms of the listed
activities and EIA regulations. A breakdown of functions and activities which sho uld comply to EIA
regulations is provided in appendix 5.2. These government departments are either the proponents of the
development and thus are required to themselves conduct the EIA. In other cases departments and spheres
of government facilitate and promote the development (in some cases through permits and authorisations)
with the actual development being undertaken by a second party (ie. business and industry, individuals,
contractors etc.).

Concerted efforts have been undertaken to promote and inform relevant authorities in the Provincial
Admin istration of the EIA regulations. These efforts will be stepped up to ensure that all levels of
government in the province are co mply ing with IEM laws.


4.2.9    Integrated Pollution and Waste Management
The Integrated Pollution and Waste Management Strategy and Action Plans for South Africa must be
operationalised.

Many landfill waste sites in the province are not permitted as per the legal requirements. DACE will audit
all existing waste sites to determine legal co mpliance (permits and minimu m standards) and initiate a
process to ensure compliance of illegal sites.

A process to develop first-generation waste management plans in local authorities will be in itiated with a
focus on waste minimisation and recycling.

The DACE and the Depart ment of Health will work together to finalise a med ical waste management
policy for the province.

DACE will work closely with the Depart ment of Economic A ffairs, Gaming and Touris m, Mpumalanga
Investment Initiative (MII) and Local Authorities to pro mote cleaner production and waste minimisation in
commerce and industry in the Province.
4.2.10 Memoranda of Understanding (MOU)
MOU are considered as a tool for co-operative governance between organs of state in terms of Section 7 (3)
(b) of NEMA. MOU would assign and delegate functions related to the environment between organs of
state.

The following departments will be considered for entering into MOU with DA CE:
 Regional DM E
 Regional DWAF
 Regional DLA
 Depart ment of Housing and Land Administration
 Depart ment of Public Works, Roads and Transport
 Depart ment of Health
 Depart ment of Local Govern ment, Traffic Control and Traffic Safety
5.       PROGRAMME FOR IMPLEMENTATION
5.1. Summary of Recommendations

The summary belo w has been extracted fro m chapters 3 and 4.

                Output                         Responsi ble Authority       Ti meframe (2001 – 2004) /
                                                                                    Comments
PGDS
Review PGDS and align to                        Office o f the Premier   Dec 2002
environmental laws and NEMA
principles
Revive Provincial Planners Foru m               Office o f the Premier   March 2002
Align all Provincial Depart ments five-         All Provincial           Dec 2004
year plans to NEMA princip les                   Depart ments
                                                DACE
Maputo Corri dor
Ensure the representation of DACE on            DPU                      Dec 2001
the Dedicated Project Unit and                  MII
Mpumalanga Investment Init iative               DACE
„project planning‟ structures and
meet ings
Update the SEMP to cover the whole              DACE                     Dec 2003
Province
Pro mote the use of the SEMP in                 DACE                     Continuous
provincial and local govern ment
planning.
Provi ncial Land Admi nistrati on
Develop and adopt a Memorandum of               DACE                     March 2002
Understanding (MOU) between DACE                Depart ment of Housing
and the Department of Housing and                and Land
Land Admin istration with respect to             Admin istration
formal co-operation and procedures for
environmental management.
DACE (Environmental Management) to              DACE                     Immediate and each new
nominate representative to sit on                                         nomination thereafter
Mpumalanga Development Tribunal
(MDT)
Awareness of MDT members of                     DACE                     June 2002
environmental laws and NEMA
principles.
Incorporation of environ mental                 Depart ment of Housing   Dec 2003
concerns, issues, procedures and                 and Land
processes in the development of the              Admin istration
„Provincial Develop ment Planning‟              DACE
legislation
Capacity build ing of staff of the              Depart ment of Housing   June 2002
Depart ment of Housing and Land                  and Land
Admin istration in environ mental issues         Admin istration
and laws and environmental
management
Local Government Macro Planning
Establish the Interdepartmental                 Depart ment of Local     Dec 2001
LDO/ IDP evaluation and co-ordination            Govern ment, Traffic
committee                                       Control and Traffic
                                                Safety

DACE (Environmental Management) to             DACE                    Immediate & Ongoing
assist all local authorities in
incorporating environmental provisions
in the comp ilat ion of their LDO/IDP‟s
Facilitate training for local authorities      DACE                    Ongoing
on the „Incorporation of environmental
issues into LDO/IDP‟
Develop guidelines for the „Integration        DACE                    Dec 2002
of environ mental issues into LDO/IDP‟         Depart ment of Local
(for use by local authorit ies)                 Govern ment, Traffic
                                                Control and Traffic
                                                Safety
Develop evaluation criteria for                DACE                    Dec 2002
assessing the compliance of LDO/IDP            Provincial task team
to environmental laws and NEMA
principles
Provi ncial Roads
Redraft the „terms of reference‟ of            Depart ment of Public   June 2002
contracts for road projects to include          Works, Roads and
environmental clause                            Transport
Develop guidelines for integrating             Depart ment of Public   June 2004
environmental issues into road                  Works, Roads
construction and road maintenance              DACE
Formalise an agreement with Working            Depart ment of Public   Dec 2002
for Water for the control of declared           Works, Roads and
weeds in road reserves                          Transport
Immovable State Property
Develop guidelines for integrating             Depart ment of Public   Dec 2004
environmental issues into property              Works, Roads and
management, development and                     Transport
maintenance (particularly fo r energy          DACE
and water efficiency, waste
management and recycling)
Redraft the „terms of reference‟ for           Depart ment of Public   Dec 2003
contracts related to property                   Works, Roads and
management, development and                     Transport
maintenance to include environmental
clause
Formalise co-operation agreement               DACE                    Dec 2002
between the Departments of Public
Works and Roads and Transport;
Health; Education and DACE relat ive
to compliance to environmental laws
and incorporation of environmental
issues for capital projects
Agriculture
Develop a single entry applicat ion form       DACE                    Sep 2001
and procedure, including one
authorisation, for Environ mental Impact
Assessment related to debushing and
debushing permits.
Develop a reg ister of pesticides,              DACE                   Dec 2002
herbicides and fertilisers use by the
agricultural sector in the Province. This
informat ion will be used to develop
indicators for Agricu lture as part of the
Mpumalanga State of Environ ment
Report.
Investigate and develop an Alternative          DACE                   Dec 2003
Farming Programme for the Prov ince,
including, but not restricted to organic
farming, agroforestry, permaculture,
integrated pest management and
biogass systems.
Investigate the development and                 DACE                   Dec 2004
adoption of Environ mental
Management Systems (EM S) for large
farming co-operatives in the Province
Munici pal Bulk Infrastructure
Environmental representation on the             Depart ment of Local   Dec 2001
CMIP co mmittee meetings                         Govern ment, Traffic
                                                 Control and Traffic
                                                 Safety
Review the „business plan‟ format for           Depart ment of Local   June 2002
CMIP projects to incorporate                     Govern ment, Traffic
environmental clause. The business               Control and Traffic
plan will reflect budgetary requirements         Safety
for environ mental investigations and
environmental management
Munici pal Waste
Conduct an audit of all existing general        DACE                   June 2003
landfill/waste sites in the Province for
compliance to environ mental laws
Develop first-generation waste                  Local authorities      Dec 2004
management plans for the following              DACE
local authorities: Nelspruit, Witbank,
Ermelo, M iddelburg, Standerton, Piet
Retief, Bethal, Kwamh langa, White
River, Barberton, Lydenburg and
Groblersdal
Medical Waste
Develop a Medical Waste Management            Depart ment of Health    Dec 2002
Policy for Mpu malanga.                       DACE
Mi nerals Development and S mall-Scale       Mining
Conduct an audit of EMPR status in all        DM E                     June 2003
existing mines in the Province. The           DACE
informat ion will be used for the
Mpumalanga SOER.
Establish a Provincial Steering                 Depart ment of         June 2002
Co mmittee for Small-Scale M ining to            Economic Affairs,
address, amongst others environmental            Gaming and Tourism
issues and health and safety.
Industrial Development
Actively promote the adoption of ISO            Depart ment of         Ongoing
14001 in Industry                                Economic Affairs,
                                                 Gaming and Tourism
                                                 DACE
Ensure environ mental representation on          Depart ment of           June 2002
„Industrial Cluster Co mmittees‟                  Economic Affairs,
                                                  Gaming and Tourism
Undertake a Strategic Environmental              Depart ment of           Dec 2003
Assessment (SEA) for selected clusters            Economic Affairs,
                                                  Gaming and Tourism
                                                 DACE
Pro mote the use of the SEMP to all              Depart ment of           Ongoing
potential investors and developers                Economic Affairs,
                                                  Gaming and Tourism
                                                 Mpumalanga
                                                  Investment Initiative
Housing
Establish an „environ mentally friendly          Depart ment of Housing   Dec 2004
housing‟ pilot demonstration project in           and Land
the Province                                      Admin istration
                                                 DACE
Pro mote sustainable human settlement            Depart ment of Housing   Dec 2004
development in the Province, including            and Land
thermal and water efficiency in                   Admin istration
housing, waste management and                    DACE
recycling and appropriate sanitation
Land Reform
Conclude a MOU between DLA and                   DLA                      June 2002
DACE on co-operation and                         DACE
responsibilit ies related to environ mental
requirements, agricultural develop ment
and general project planning and
support services of the land reform
programme
Ensure the representation of DACE on             DLA                      June 2002
the Provincial State Land Disposal
Co mmittee and the Provincial Project
Approval Co mmittee (PPAC)
Provi ncial Planners Forum
Revival of the Provincial Planners               Office o f the Premier   March 2002
Foru m                                                                      May be called by another
                                                                              name
Provi ncial Commi ttee for Environmental Co-ordi nation (PCEC)
Establish the PCEC                      DACE                              June 2002
Provi ncial Liaison Committee
Currently in existence                  DWAF                                 DACE is represented on this
Foru m used to integrate environmental                                         committee. DACE will
management issues with DWAF                                                    promote the use of decision
                                                                               support tools such as
                                                                               ENPAT, So ER and SEM P in
                                                                               this committee.
Local Government Association of Mpumal ang a (LOGAM)
Currently in existence but dormant due  All Local Authorities                To become active foru m
to restructuring process                                                      DACE to have representation
Foru m used to integrate environmental                                         on this committee
management issues with Local
Govern ment
Local Authority Environmental Commi ttees
Establish Environ mental Co mmittees in  DACE                      Immediate and ongoing
Local Authorities                         Local authorities
Local Economic Development Forum (LEDF)
Ensure representation on the LEDF by      Depart ment of Local     June 2002
the Environ mental Management               Govern ment , Traffic
directorate of DA CE                        Control and Traffic
                                            Safety
Develop guidelines for incorporating      DACE                     Dec 2003
environmental issues in decision
making.
Pro mote the use of the SEMP for          DACE                     June 2002
screening projects
Mpumal anga Tender Board
Develop guidelines for evaluating         DACE                     Dec 2003
projects in terms of environ mental
issues and improve the environmental
capacity of the tender board.
Mpumal anga State of Environment Report (SoER)
Develop Key State of Environ ment         DACE                     Dec 2002
Indicators
Co mpile the Mpumalanga So ER             DACE                     June 2003
Mpumal anga Performance Report on Sustainable Devel opment
Co mpile the report annually              DACE                     Dec each year
Develop Key Indicators on Sustainable     DACE                     Dec 2002
Develop ment                              All prov incial
                                            Depart ments
Mpumal anga Biodi versity Conservati on Strateg y
Co mpile Mpu malanga Biodiversity         DACE                     June 2003
Conservation Strategy                     MPB
Local Authority Integrated Environmental Policy
Draft and pro mote model Local            DACE                     Ongoing
Authority Integrated Environ mental       Municipalities
Policy
Environmental Management S ystems
Pro mote EMS in SMM Es                    DACE                     Ongoing
Develop guidelines for EMS in SMM Es  DACE                         Dec 2002
Environmental Education and Awareness
Initiate an environ mental awareness      DACE                     June 2002 and revised annually
campaign for provincial and local
government, including roles and
responsibilit ies of government in terms
of Environ mental Impact Assessment,
NEMA and Agenda 21
Initiate a genera l public awareness      DACE                     Annually
programme on environ mental rights in
terms of NEMA
Environmental Impact Assessment
Initiate awareness and ensure             DACE                     Immediate and continuous
compliance of all government
departments in the province to relevant
environmental laws
Co mpile a user friendly guide            DACE                     June 2002
(including procedures etc.) for
government departments on the EIA
process.


Integrated Polluti on and Waste Management
Audit all general landfill sites to      DACE                    June 2003
determine legal co mpliance (permits
and minimu m standards) and initiate a
process to ensure compliance of illegal
sites.
Initiate a process to develop first-     DACE                    Dec 2004
generation waste management plans in     Relevant local
local authorities with a focus on waste   authorities
minimisation and recycling.
Develop a medical waste management       DACE                    Dec 2002
policy for the province.                 Depart ment of Health
Pro mote cleaner production and waste    DACE                    Ongoing
minimisation in co mmerce and industry  Depart ment of
in the Province.                          Economic Affairs,
                                          Gaming and Tourism
                                         Mpumalanga
                                          Investment Initiative
                                          (MII)
                                         Relevant Local
                                          Authorities
5.2. Performance Monitoring

Section 5.1. above provides an overview of outputs and time frames for the implementation of the
Mpumalanga Provinces‟ EIP. These outputs and time frames will be used as the basis for monitoring and
reporting.

Monitoring and reported will be done through the annual report in terms of Section 16(1)(b) of NEMA. The
annual reporting on the EIP will reflect :
 Progress with targets set
 Progress with co-operative governance recommendations
 Integration of the EIP with the overall p lanning of the Province


5.3. Sustainable Development Indicators

One of the goals of the EIP is to ensure that sustainable development takes p lace within the Province.
Therefore, it is necessary that there needs to exist a core set of indicators that would be used to monitor the
trends within the Province and be used as an effective planning and decision making tool.

The following tools will be used for the sustainable development indicators for the EIP:
 Mpumalanga State of Environ ment Report (SoER)
 Mpumalanga Performance Report on Sustainable Develop ment

(see Section 4.2 for mo re detail)


6. CONCLUSIONS
The EIP has identified specific mandates and functions of government in the Mpu malanga Province that do
have a significant effect on the environ mental and the potential fo r driving environ mental change. It is
important to note that development processes in the province should concentrate on ensuring the optimal
use of natural resources and the mitigation of negative environ mental impacts is necessary in order to
ensure that development is truly sustainable. Thus, the EIP is an attempt to promote co -operation in
government to ensure that the environment is safeguarded and that environmental management becomes a
reality and an integrated component of all develop ment and planning processes.

This EIP is a co mprehensive document. The info rmation presented reflects the present reality with regard
to co-operative governance and environmental management in the Province. Certain non -co mpliance by
organs of state in the province to environmental leg islative provisions does exist and are reflected in this
document. Such open and transparent reporting is important to highlight areas of concern and to
constructively recommend ways of imp roving co-operation and of ensuring that the Provincial
Admin istration progressively moves towards full co mpliance to environ mental laws and towards more
integrated planning.

Section 16 (1) of NEMA states that the Province should report annually within four months of the end of its
financial year on the imp lementation of the adopted EIP. Such a report would therefore be tabled and
would focus on compliance to the provisions, in particular recommendations, as laid out in the EIP.

In order to ensure effective co-operative governance and environmental management in the Province it is
necessary that the specific reco mmendations related to mandates and functions in the provin ce and the
more general reco mmendations for the province are imp lemented as soon as possible.
7.        ANNEXURES
7.1: National Environmental Management Act (NEMA) Principles
(National Environmental Manage ment Act, 107 of 1998)
THEMES                                      NEMA PRINCIPLES
Sustainable Development                       Development must be socially, environmentally and
                                               economically sustainable .
                                              Pollution and degradation of the environment are avoided,
                                               or, where they cannot be altogether avoided, are minimised
                                               and remedied.
                                              Waste is avoided, or where it cannot be altogether avoided,
                                               minimised and re-used or recycled where possible and
                                               otherwise disposed of in a responsible manner.
                                              The use and exploitation of non-renewable natural
                                               resources is responsible and equitable, and takes into
                                               account the consequences of the depletion of the resource.
                                              The development, use and exploitation of renewable
                                               resources and the ecosystems of which they are part do not
                                               exceed the level beyond which their integrity is
                                               jeopardised.

Environmental Justice and Equity                Environmental management must place people and their
                                                 needs at the forefront of its concern, and serve their
                                                 physical, psychological, developmental, cultural and social
                                                 interest equitably
                                                The right of workers to refuse work that is harmful to
                                                 human health or the environment and to be informed of
                                                 dangers must be respected and protected.
                                                The environment is held in public trust for the people,
                                                 the beneficial use of environmental resources must serve
                                                 the public interest and the environment must be protected
                                                 as the people‟s common heritage.
                                                Environmental justice must be pursued so that adverse
                                                 environmental impacts shall not be distributed in such a
                                                 manner as to unfairly discriminate against any person,
                                                 particularly vulnerable and disadvantaged persons.
                                                Equitable access to environmental resources, benefits
                                                 and services to meet basic human needs and ensure human
                                                 well-being must be pursued and special measures may be
                                                 taken to ensure access thereto by categories of persons
                                                 disadvantaged by unfair discrimination.
                                                Negative impacts on the environment and on peoples
                                                 environmental rights be anticipated and prevented, and
                                                 where they cannot be altogether prevented, are minimised
                                                 and remedied.

Participation, Empowerment & Transparency       The participation of all interested and affected parties in
                                                 environmental governance must be promoted, and all
                                                 people must have the opportunity to develop the
                                                 understanding, skills and capacity necessary for achieving
                                                 equitable and effective participation, and participation by
                                                 vulnerable and disadvantaged peoples must be ensured.
                                                Decisions must take into account the interests, needs and
                                                 values of all interested and affected parties, and this
                                                 includes recognising all forms of knowledge, including
                                                 traditional and ordinary knowledge.
                                                Community wellbeing and empowerment must be
                                                 promoted through environmental education, the raising of
                                                 environmental awareness, the sharing of knowledge and
                                                 experience and other appropriate means.
                                                Decisions must be taken in an open and transparent
                                                 manner, and access to information must be provided in
                                                 accordance with the law.
                                                The vital role of women and youth in environmental
                                                 management and development must be recognised and their
                                                 full participation therein must be promoted.
Cooperative Governance                                           There must be intergovernmental co-ordination and
                                                                  harmonisation of policies, legislation and actions relating to
                                                                  the environment.
                                                                 Actual or potential conflicts of interest between organs of
                                                                  state should be resolved through conflict resolution
                                                                  procedures.
                                                                 Global and international responsibilities relating to the
                                                                  environment must be discharged in the national interest.

Ecological Integrity                                             The disturbance of the ecosystem and loss of biological
                                                                  diversity are avoided, or, where they cannot be altogether
                                                                  avoided, are minimised and remedied.
                                                                 The disturbance of landscapes and sites that constitute the
                                                                  nation‟s cultural heritage is avoided, or where it cannot be
                                                                  altogether avoided, is minimised and remedied.
                                                                 The development, use and exploitation of renewable
                                                                  resources and the ecosystems of which they are part do not
                                                                  exceed the level beyond which their integrity is
                                                                  jeopardised.
                                                                 Sensitive , vulnerable, highly dynamic or stressed
                                                                  ecosystems, such as coastal shores, wetlands and similar
                                                                  systems require specific attention in management and
                                                                  planning procedures, especially where they are subject to
                                                                  significant human resource usage and development
                                                                  pressure.

Integration of environmental considerations into decision –      Environmental management must be integrated,
making                                                            acknowledging that all elements of the environment are
                                                                  linked and interrelated, and it must take into account the
                                                                  effects of decisions on all aspects of the environment and
                                                                  all people in the environment by pursuing the selection of
                                                                  the best practicable environmental option.
                                                                 Responsibility for the environmental health and safety
                                                                  consequences of a policy, programme, project, product,
                                                                  process, service or activity exists throughout its life cycle .
                                                                 The costs of remedying pollution, environmental
                                                                  degradation and consequent adverse health effects and of
                                                                  preventing, controlling or minimising further pollution,
                                                                  environmental damage or adverse health effects must be
                                                                  paid for by those responsible for harming the
                                                                  environment.
                                                                 A risk-averse and cautious approach is applied, which
                                                                  takes into account the limits of current knowledge about the
                                                                  consequences of decisions and actions.
                                                                 The social, economic and environmental impacts of
                                                                  activities, including disadvantages and benefits, must be
                                                                  considered, assessed and evaluated, and decisions must
                                                                  be appropriate in the light of such consideration and
                                                                  assessment
                                                                 Negative impacts on the environment and on peoples
                                                                  environmental rights be anticipated and prevented, and
                                                                  where they cannot be altogether prevented, are minimised
                                                                  and remedied.
7.2      Environmental Policies and Laws


7.2.1    Primary Environmental Legislative Provisions
These are acts and policies with the primary purpose of ensuring environmental management and
environmental quality and protection.


7.2.1.1 National Environmental Management Act (Act 107 of 1998)
The National Env iron mental Management Act (NEMA) is the first step in giving legal effect to the
environmental right in the Constitution (section 24) and to the White Paper on Environ mental Management
Policy.

The Act:
    Establishes principles to guide the decisions and actions of all o rgans of state (NEMA Princip les)
    Establishes institutions to:
             -         co-ordinate and harmonise the environmental functions of organs of state
             -         promote the participation of stakeholders in environmental governance
    Establishes procedures for co-operative governance
    Establishes procedures for conflict management
    Pro motes integrated environmental management by establishing minimu m procedures for
     environmental impact assessments, and enabling any national or provincial permitting authority to
     prescribe environmental impact assessment regulations
    Establishes procedures for ratification of, and giving effect to international environ mental instruments
    Pro motes compliance and enforcement by means of provisions on:
             -         the duty of care
             -         protection of workers refusing to do environmentally hazardous work
             -         control of emergency incidents
             -         access to environmental information and protection of whistle b lowers
             -         legal standing to enforce environmental laws
             -         private prosecution
    Pro motes co-regulation by enabling the establishment of environ mental management co -operation
     agreements to promote the princip les of environ mental management. The M inister and every
     provincial govern ment and local authority may enter into environmental management cooperation
     agreements with any person or community for the purpose of promoting co mpliance with the
     principles laid down in the Act.


7.2.1.2. Environment Conservati on Act (Act 73 of 1989)
The purpose of the Environmental Conservation Act (ECA) is to provide for the effective p rotection and
the control of activit ies that may have a detrimental effect on the environment. The follo wing sections are
important:

Waste Management and Littering
 Sections 19 and 19a p rovide for a general prohib ition against littering and the removal of litter
 Section 20 deals with waste management, including the establishment and operation of waste disposal
   sites. Such sites may only be operated under a permit issued by the Minister of Water Affairs
 Section 21 prov ides for the identification of waste and sewerage disposal and chemical treat ment
   activities by DEAT, specifically those activities which may have a substantial detrimental effect on the
   environment
 In terms of Sect ion 24 of this Act, the Minister of Env iron mental Affairs and Tourism has prescribed
   regulations on waste management (Govern ment Notice R1196, 8 Ju ly 1994), requiring a permit for the
   establishment and operation of a waste disposal site. The Depart ment of Water Affairs and Forestry
   has published Minimu m Requirement Guidelines, wh ich can be included as permit conditions.
   Section 26 (b, c, and j) provides for regulations for collection of informat ion on generation and
    disposal of waste.

Environmental Impact Assessment (EIA)
 Regulations were promu lgated under sections 21, 22 and 26, in September 1997 (Govern ment Gazette
    No‟s R1182, R1183 and R1184). The regulations list activities that may not be commenced without an
    environmental impact assessment, prescribe the EIA procedure, and designate the province as the
    competent authority. Applications in respect of listed activities are directed to the relevant provincial
    authority (for Mpumalanga the relevant authority is the Department of Agriculture, Conservation and
    Environment)

Limited Development Areas and Protected Natural Environments
 Section 16 and 17 provides for the establishment of Protected Natural Environ ments (PNE‟s) and
    management advisory committees in respect of PNE‟s.
 The purpose of a PNE is to promote the preservation of specific ecological processes, natural systems,
    natural beauty or species of indigenous wild life or the preservation of biotic diversity in general within
    a designated area.
 Section 23 and 27 prov ide for the declaration of Limited Development Areas. Certain developments or
    activities within a Limited Development area are prohib ited, unless authorised by the Provincial M EC.


7.2.1.3. White Paper on Environmental Management Policy (April 1999)
The White Paper on Environ mental Management Po licy is an overarching policy framework that sets out a
vision, policy principles and strategic goals for environ mental management and sustainable use of natural
resources in South Africa. Sectoral policies must subscribe to this policy framework.

The vision projects an integrated and holistic management system for the environ ment aimed at ach ieving
sustainable development now and in the future. The 7 goals of this policy include:
     Establishment of an effective institutional and legislative framework
     Pro motion of sustainable resource use and impact management
     Develop ment of mechanisms to ensure that environmental considerations are effectively integrated
      into existing and new government policies, legislation and programmes.
     Establishment of mechanisms and processes for effect ive public part icipation in environ mental
      governance
     Pro motion of environmental literacy, education and empowerment
     Develop ment and maintenance of an informat ion management system to provide accessible
      informat ion that will support effective environmental management
     Develop ment of mechanisms to deal effectively, and in the national interest, with international issues
      and obligations in respect of environmental management


7.2.1.4. Mpumal anga Nature Conservation Act (Act 10 of 1998)
The purpose of the Mpumalanga Nature Conservation Act is to control and manage activit ies rela ted to
nature conservation in the Province. The act is administered by the Mpumalanga Parks Board.

The act:
 Provides for the protection of wild an imals and for matters relat ing to the hunting, capture, purchasing
    and transporting of wild animals.
 Provides for the control of problem animals
 Regulates activities related to fisheries
 Provides for the protection of indigenous plants and the use, possession, trade and transportation
    thereof and for the control of invader weeds and plants.
 Provides for the protection and prohibition of acts with regard to endangered and rare species of fauna
    and flora.
   Provides for the proclamat ion of Provincial Parks and Nature Reserves and the designation of
    Conservancies and Managed Natural Resource Areas.


7.2.1.5. White Paper on Integrated Polluti on and Waste Management for South Africa (May 2000)
The White Paper on Integrated Pollution and Waste Management (IPWM) sets out the government‟s vision
and strategic goals for integrated pollution and waste management in South Africa. The vision of the policy
is to: “Develop, imp lement and maintain an integrated pollution and waste management system wh ich
contributes to sustainable development and a measurable improvement in the quality of life, by harnessing
the energy and commit ment of all south Africans for the effective prevention, minimization and control of
pollution and waste”.
The 7 strategic goals include:
      The establishment of an effective institutional framework and leg islation
      Mechanisms to promote holistic and integrated pollution and waste management
      Mechanisms to ensure holistic and integrated planning approaches and processes t
      Mechanisms to ensure effective public part icipation in integrated pollution and waste management
       governance
      Education and empowerment of South Africa‟s people to achieve integrated pollution and waste
       management
      Mechanisms to effectively deal with international issues affecting pollution and waste, in the national
       interest
      The development of databases and information management systems

The approach of the IPWM is to prevent pollution, minimise waste and to control and remedy impacts. It is
intended that the management of waste be implemented in a holistic and integrated manner, extending over
the entire waste cycle, fro m “cradle to grave”, including the generation, storage, collection, transportation,
treatment and final disposal of waste.


7.2.1.6. White Paper on the Conservation and Sustainable Use of S outh Africa’s Biological Di versity
          (July 1997)
The White Paper identifies a nu mber of strategies to be developed to give effect to the specific policies.
The actions required range fro m enhancing the protected area network to the development of specific
strategies such as one on the conservation and sustainable use of reptiles and amphibians. The vision of this
White Paper is “A prosperous, environmentally conscious nation, whose people are in harmon ious co -
existence with the natural environ ment, and wh ich derives lasting benefits fro m the conservation and
sustainable use of its rich b iological diversity”.

The goals of the policy are to:
 Conserve the diversity of landscapes, ecosystems, habitats, communit ies, populations, species and
    genes in South Africa
 Use biological resources sustainably and minimise adverse impacts on biological diversity
 Ensure that benefits derived fro m the use and development of South Africa‟s genetic resources serve
    national interests
 Expand the human capacity to conserve biodiversity, to manage its use and to address factors
    threatening it
 Create conditions and incentives that support the conservation and sustainable use of biodiversity
 Pro mote the conservation and sustainable use of biodiversity at the international level.
7.2.1.7. Atmospheric Pollution Preventi on Act (Act 45 of 1965)
Part 2 of the Act sets out requirements for the control of no xious or offensive gases resulting from the
operation of Scheduled Processes in industry. There are 72 Scheduled Processes in Schedule 2. Certificates
are issued which contain requirements specifying minimu m norms and standards for the operating of
Scheduled Processes. This section is administered by the national DEAT Ch ief Air Pollution Control
Officer.

Section 3 deals with Smoke Control by enabling the declaration of s moke controlled areas by local
authorities. Local Authorities can apply to the Minister, on a voluntary basis, to declare their area a s moke
control area.

Section 4 regulates dust from gold and asbestos waste dumps and is admin istered by the Government
Mining Engineer in the Depart ment of M inerals and Energy.

Section 5 deals with the Control of Motor Vehicle Emissions. Provisions currently only address the use of
diesel. The ad ministration of this section is also delegated to local authorities on a voluntary basis.

Section 44 makes provision for the prevention and control of air pollution fro m chemical processes and
non-hazardous and hazardous waste incineration plants and waste sites. It also controls dust fro m landfill
activities.


7.2.2    Secondary Environmental Legislative Provisions
These are laws, acts or policies that do not have as their primary focus environmental management or
environmental quality and protection per se. Included within the legislat ive provisions and/or secondary to
the primary activ ity regulated through these various acts, laws and policies are environ me ntal and resource
management related components.


7.2.2.1 The Constitution of the Republic of South Africa (108 of 1996)
The Constitution has created the framework for environ mental governance in South Africa, by:
     Creat ing the right to an environment that is not harmfu l to health and well being;
     Balancing the right to have the environment protected, with an emphasis on promoting valid
      economic and social develop ment;
     Allocating environ mental functions to a wide range of government agencies, in all spheres
     Requiring co-operation between government agencies and spheres.


7.2.2.2 Mi nerals Act (Act 50 of 1991)
This Minerals Act provides for the administration of minerals and mineral develop ment in the country. The
act is administered by the Department of M inerals and Energy. The act requires that Environmental
Management Programme Reports (EMPR‟s) must be compiled for all min ing and prospecting operations.
EMPR‟s are statutory instruments to ensure that the environmental impacts of all mining operations a re
managed and that post-closure rehabilitation of mined areas is ensured. Mining includes large scale and
small scale min ing as well as borrow p its and sand min ing.
7.2.2.3. Conservation of Agricultural Resources Act (Act 43 of 1983)
The act regulates agricultural natural resources and the conservation, management and use thereof.
The act is administered by the Department of Agriculture (national) and the Provincial agriculture
departments.

The act:
 Regulates the cultivation of virg in soils; cultivation of land with a slope; protection of cultivated land
    against erosion; protection of waterlogging and salination of irrigated land; utilisation and protection of
    vlei, marshes, water sponges and watercourses; utilisation and protection of veld and grazin g
    management.
 Provides for the declaration of weeds and invader plants and the control thereof.
 Provides for weed and bush control schemes.
 Provides for soil conservation schemes


7.2.2.4. Devel opment Facilitation Act (67 of 1995)
The act regulates the development of land and matters related thereto by:
 Introducing extraord inary measures to facilitate and speed up the implementation of reconstruction and
     development programmes and projects in relat ion to land.
 Laying down general principles governing land development.
 Providing fo r the establishment in the provinces of development tribunals which have the power to
     make decisions and resolve conflicts in respect of land development projects.
 Facilitating the formu lation and imp lementation of land development objectiv es by reference to which
     the performance of local government bodies in achiev ing such objectives may be measured.
 Providing fo r nationally uniform procedures for the subdivision and development of land in urban and
     rural areas.

Land Development Objectives (LDO’s)
In respect of all local government areas Land Develop ment Ob jectives must be developed. The LDO‟s
shall include:
 The objectives of the relevant authority in relation to access to and standard of services for land
     development, including public transport and water, health and education facilities.
 The objectives relating to urban and rural gro wth and form in the relevant area, including the
     sustainable utilisation of the environ ment, land-use control and the optimu m utilisation of natural
     resources.
 The development strategies of the relevant authority in relation to involvement of relevant sectors,
     administrative structures and access to finance for land development.

Procedures for the formulation of LDO’s in Mpumalanga
Regulations were pro mulgated by the Mpumalanga government under section 27 (3), in August 1997
(Official Notice 9 of 1997, Provincial Gazette No. 260).

The regulations provide for:
 The process of preparing LDO‟s in the province
 Participation with regard to formu lation and imp lementation of LDO‟s.
 General provisions for Land Develop ment Ob jectives, including imp rovements and conservation of the
    natural and built environ ments, sustainable development and sustainable use of natural resources and
    the conservation of agricultural land.
7.2.2.5. National Forests Act (84 of 1998)
The purpose of this act is to control and regulate activit ies related to the management of indigenous forests,
woodlands and plantations in South Africa by:
 Pro moting the sustainable management and development of fores ts for the benefit of all.
 Creat ing the conditions necessary to restructure forestry in state forests.
 Providing special measures for the protection of certain forests and trees.
 Pro moting the sustainable use of forests for environmental, economic, educational, recreat ional,
     cultural, health and spiritual purposes.
 Pro moting co mmunity forestry.
 Pro moting greater participation in all aspects of forestry and the forest products industry by persons
     disadvantaged by unfair discrimination.


7.2.2.6. National Water Act (36 of 1998)
The purpose of the act is to regulate the protection, use, development, conservation, management and
control of water resources through inter-alia:
 The development of a national water resource strategy.
 The establishment of Catch ment Management Agencies and Water User Associations and Catchment
     Management Strategies.
 The classification of water resources and resource quality objectives
 Pollution prevention and emergency incidents
 Controlling and authorising water use activities
 Financial provisions for water use


7.2.2.7. White Paper on Energy Policy for RSA (1998)
The policy sets out Govern ments vision and strategic goals for the energy sector in the country, including
both demand sector and supply sector objectives. The policy includes cross -cutting issues such as energy
efficiency and environmental, health and safety.
7.3. Table of Environmental Impact Assessment (EIA) responsibilities

The following table illustrates the priority functions of spheres of government that may require
Environmental Impact Assessment‟s in terms of the relevant legislation.

       Listed activity              Relevant Government Department                            Priority function
                                       (National, Provincial, Local)                  (key policy, plan or programme)
                                                                                                requiring EIA
The construction or             Department of Economic Affairs, Gaming and       Establish industrial clusters in the province.
upgrading of transportation     Tourism
routes and structures, and
manufacturing, storage,
handling or processing
facilities for any substance
which is dangerous or
hazardous and is controlled
by national legislation
The construction or             Department of Public Works, Roads and            Provide a provincial roads infrastructure by
upgrading of roads,             Transport                                         managing the construction and rehabilitation of
railways, airfields and                                                           roads
associated structures outside                                                    Planning, designing and surveying of roads
the borders of town-planning                                                     Administration of the public transportation
schemes.                                                                          services, including road transportation,
                                                                                  passenger, freight and civil aviation
                                                                                 Transport planning, research and system
                                                                                  services
                                Department of Agriculture, Conservation and      Agricultural Engineering Services
                                Environment
The construction or             Department of Agriculture, Conservation and      Agricultural Engineering Services
upgrading of canals and         Environment
channels, including             Department of Water Affairs and Forestry         Water provisioning / reticulation and transfer
diversions of the normal        (DWAF)                                            schemes
flow of water in a river bed
and water transfer schemes
between water catchments
and impoundments
The construction of dams,       Department of Agriculture, Conservation and      Agricultural Engineering Services
levees or weirs affecting the   Environment
flow of a river                 Department of Water Affairs and Forestry         Water provisioning / reticulation schemes
                                (DWAF)
                                Local Authorities                                Water provisioning / reticulation schemes
                                Department of Local Government, Traffic          Municipal Infrastructure development
                                Control and Traffic Safety
                                Department of Housing and Land                   Municipal Infrastructure development
                                Administration
The construction or             Department of Local Government, Traffic          Municipal Infrastructure Development
upgrading of reservoirs for     Control and Traffic Safety
public water supply             Department of Water Affairs and Forestry         Water provisioning / reticulation schemes
                                Local Authorities                                Water provisioning / reticulation schemes
                                Department of Housing and Land                   Municipal Infrastructure Development
                                Administration
The construction or             Local Authorities                                Water provisioning / reticulation schemes
upgrading of schemes for the    Department of Water Affairs and Forestry         Water provisioning / reticulation schemes
abstraction or utilisation of
ground or surface water for     Department of Local Government, Traffic          Municipal Infrastructure development
bulk supply purposes            Control and Traffic Safety
                                Department of Agriculture, Conservation and      Agricultural Engineering Services
                                Environment
                                Department of Housing and Land                   Municipal Infrastructure Development
                                Administration
The construction or             Local Authorities                                Municipal services provisioning
upgrading of sewage             Department of Local Government, Traffic          Municipal Infrastructure Development
treatment plants and            Control and Traffic Safety
associated infrastructure       Department of Public Works, Roads and            Design and construction of government
                                Transport                                         buildings and facilities.
                                Department of Housing and Land                   Municipal Infrastructure Development
                                Administration
The construction or             Department of Housing and Land                   Land Administrat ion (process land use
upgrading of public and         Administration                                    applications)
private resorts and             Department of Economic Affairs, Gaming and       Promote the growth and development of tourism
associated infrastructure       Tourism
The change of land use from     Department of Public Works, Roads and            Development of community facilities
residential use to industrial   Transport                                        Design and construction of government
or commercial use                                                                 buildings and facilities.
                                Department of Housing and Land                   Land Administration (process land use
                                Administration                                    applications)
                                Department of Local Government, Traffic          Municipal Infrastructure development
                                Control and Traffic Safety
                                Department of Economic Affairs, Gaming and       Establish industrial clusters in the province.
                                Tourism                                          Maputo Corridor: Promote the development of
                                                                                  industries along the corridor

The change of land use from     Department of Housing and Land                   Land Administration (process land use
light industrial to heavy       Administration                                    applications)
industrial use                  Department of Economic Affairs, Gaming and       Establish industrial clusters in the province.
                                Tourism                                          Maputo Corridor: Promote the development of
                                                                                  industries along the corridor
The change of land use from     Department of Housing and Land                   Land Administration (process land use
agricultural or                 Administration                                    applications)
undetermined use to any                                                          Macro-planning (Physical Planning and Land
other land use                                                                    Survey
                                                                                 Housing
                                                                                 Municipal Infrastructure Development
                                Department of Local Government, Traffic          Municipal Infrastructure Development
                                Control and Traffic Safety
                                Department of Education                          Provisioning of schools infrastructure
                                Department of Health                             Provisioning of clinics, hospitals and other
                                                                                  healthcare facilities
                                Local Authorities                                Municipal services and infrastructure
                                                                                  provisioning
                                Department of Public Works, Roads and            Development of community facilities
                                Transport                                        Design and construction of government
                                                                                  buildings and facilities.
                                Department of Economic Affairs, Gaming and       Establish industrial clusters in the province.
                                Tourism
The change of land use from     Department of Agriculture, Conservation and      Agricultural Engineering Services
use for grazing to any other    Environment                                      Agricultural Extension Services
from of agricultural use        Department of Economic Affairs, Gaming and       Maputo Corridor: Promote the development of
                                Tourism                                           agriculture
The change of land use for      Department of Agriculture, Conservation and      Agricultural Engineering Services
nature conservation or          Environment                                      Agricultural Extension Services
zoned open space to any         Department of Local Government, Traffic          Municipal Infrastructure Development
other land use                  Control and Traffic Safety
                                Department of Housing and Land                   Land Administration (processing of land use
                                Administration                                    applications)
                                                                                 Macro-planning (Physical Planning and Land
                                                                                  Survey
                                                                                 Housing
                                                                                 Municipal Infrastructure Development
                                Department of Education                          Provisioning of schools infrastructure
                                Department of Health                             Provisioning of clinics, hospitals and other
                                                                                  healthcare facilities



                                Local Authorities                                Municipal services and infrastructure
The concentration of            Department of Agriculture, Conservation and      Agricultural Engineering Services
livestock in a confined         Environment                                      Agricultural Extension Services
structure for the purposes of
mass commercial production
The intensive husbandry of,     Department of Agriculture, Conservation and      Agricultural Extension Services
or importation of, any plant    Environment
or animal that has been         Department of Water Affairs and Forestry         Plantation forestry permits
declared a weed or an
invasive alien species
The release of any organism       Department of Agriculture, Conservation and      Agricultural Extension Services
outside its natural area of       Environment
distribution that is to be used
for biological pest control
The reclamation of land           Department of Agriculture, Conservation and      Agricultural Engineering Services
below the high-water mark         Environment                                      Agricultural Extension Services
of the sea and in inland          Department of Housing and Land                   Land Administration (processing land use
water including wetlands          Administration                                    applications)

                                  Department of Local Government, Traffic          Municipal Infrastructure Development
                                  Control and Traffic Safety
                                  Local Authorities                                Municipal Infrastructure Development
                                  Department of Education                          Provisioning of schools infrastructure
                                  Department of Health                             Provisioning of clinics, hospitals and other
                                                                                    healthcare facilities
                                  Department of Public Works, Roads and            Development of community facilities
                                  Transport                                        Design and construction of government
                                                                                    buildings and facilities.
The disposal of waste in          Local Authorities                                Municipal services provisioning
terms of section 20 of the        Department of Housing and Land                   Land Administration (processing of land use
Environmental Conservation        Administration                                    applications)
Act, 1989
                                  Department of Health                             Medical waste disposal
                                  Department of Local Government, Traffic          Municipal Infrastructure development
                                  Control and Traffic Safety
Scheduled processes listed in     Department of Health                             Medical waste (incineration)
the Second Schedule to the
Atmospheric Pollution
Prevention Act, 1965 (Act
No. 45 of 1965)
7.4      Summary of the Provincial Growth and Development Strategy (PGDS)

The Mpumalanga Govern ment is following a strategic planning and development process which closely
resembles that of the national government as reflected in the National Strategic Vision (NSV).
The Provincial Gro wth and Development Strategy of the Mpumalanga Provincial Govern ment aims to
ensure align ment between the Mpumalanga provincial govern ment and all its line depart ments as well as
with the national depart ments. This align ment will ensure that resources are optimally utilised and the
development plans of different departments and tiers of government work in co mbination to contribute to
the fundamental objectives of economic growth and job creation, meeting basic needs and developing
human resources. Both horizontal and vertical align ment is therefore crucial.

The interdepartmental po licy cluster approach followed by the Mpumalanga Government is a defin ite
attempt to achieve horizontal align ment between the different depart ments in the provincial develop ment
planning process. Vertical alignment with the growth and development strategies of the national
government is provided for through the Forum for Effective Planning and Development. This foru m is
expected to continuously provide guidelines to the provinces to ensure that they plan in align ment with the
strategies as reflected in the NSV.

Three broad elements of the development process exist:

Element 1: Growth and Develop ment Targets.
The province has set overall growth and development targets which form the basis of the planning process
in the province.

Element 2: Integrated Strategies.
The NSV identifies six national p illars of a growth and development strategy, namely:
A. Creat ing jobs in a co mpetitive economy
B. Investing in people
C. Delivering services
D. Safety and Security
E. Welfare and Safety Nets
F. Efficient and Effective Govern ment

The approach of the Mpumalanga Province consists of the six policy clusters:
1. Economic g rowth and socio-economic develop ment
2. Hu man Resource Development
3. Infrastructure
4. Meeting Basic Needs
5. Good Governance
6. Preserving natural resources

The relationships between the national pillars and the provincial clusters can be illustrated as follows by
using the letters and numbers defined above:
A        =         Informed by 1
B        =         Informed by 2
C        =         Informed by 3 &4
D        =         Informed partly by 5
E        =         Informed by 4 & 6
F        =         Informed by 5

These provincial clusters will be exp lained in more detail below.
Element 3: Resource Allocation.
The provincial p lanning approach that has been adopted by the Mpumalanga Govern ment, is based on the
integration of planning into the budget process by means of a Provincial Mediu m Term Expenditure
Framework and a Provincial Mediu m Term Personnel Framework. These will seek to pro mote horizontal
processes of development planning.

Provincial Policy Cluster (i): Economic Growth and Socio-economic Development
Under this section, the document states that a strategy for development should be based on the socio -
economic realities in the province and South Africa. Broader socio -economic needs should be taken as a
point of departure and socio-economic object ives such as growth, income and economic stability should be
encompassed. The follo wing definit ion of Economic Gro wth and Socio -economic Development was
accepted for the economic growth and socio-economic develop ment cluster : “Econo mic growth and socio -
economic develop ment is a conscious effort by the society to stimulate the development potential of the
province in a cost effective/competit ive manner.”

The objectives laid out in the Economic Growth and Socio-econo mic Development cluster are to:
1. Alleviate poverty
2. Pro mote spatial development initiat ives
3. Pro mote industrial develop ment clusters
4. Pro mote tourism and leisure
5. Formulate an economic gro wth strategy
6. Pro mote economic empowerment
7. Pro mote sustainable development

Provincial Policy Cluster(ii): Human Resource Development (HRD)
The purpose of development is to create an enabling environ ment for people to enjoy long, productive,
healthy and creative lives. This defin ition of develop ment imp lies that people are the central focus of the
development process, not only as instruments and decision - makers in the process of producing wealth, but
also as the ultimate beneficiaries of the sustainable development process. This lin kage between s ustainable
development and people is described by the concept of human resource development. A defin ition of HRD
was accepted for the human resource development cluster : “HRD is a dynamic process by which people
enlarge their choices (essential and additional choices) and improve their quality of life.”

The four main co mponents of HRD are:
 Productivity: People must be enabled to increase their productivity and to participate fully in the
    process of income generation and remunerative emp loy ment. Economic gro wth is, therefore, a subset
    of human develop ment models.
 Equity: People must have access to equal opportunities. All barriers to economic and polit ical
    opportunities must be eliminated so that people can share in, and benefit fro m, these opportunities.
    Gender equality is an important element of hu man resource development.
 Sustainability: Access to opportunities must be ensured not only for the present generations but for
    future generations as well. All forms of resources - physical, human and environ mental - should be
    used, replenished and protected.
 Empowerment: Develop ment must be people-centered and people-driven. People must therefore have
    the capacity to participate fully in the decisions and processes that shape their lives.

A single goal which encapsulates the significance of the human resource development policy cluster within
the development environment in Mpu malanga Province, was formu lated. The goal is : ”To improve hu man
resource development by creating a participatory and dynamic process in order to enlarge people‟s choices
and improve their quality of life.”
The objectives of human resource development in the province are to:
1. Formulate a hu man resource development strategy
2. Improve formal education
3. Pro mote train ing, skills development and transfer
4. Pro mote access to information

Provincial Policy Cluster (iii): Infrastructure
The following definit ion was accepted for the infrastructure cluster : ”Infrastructure comprises immovable
man-made physical structures constructed with the purpose of supporting wealth creation and imp roving
the quality of life.”

The above definition clearly imp lies that infrastructure fulfils a dualistic function in the development
process, namely the creat ion of wealth (i.e. a productive or economic function) and t he imp rovement of the
quality of life( i.e. a social function).

Two different categories of infrastructure were d istinguished, namely:
 Economic infrastructure, which is focused on utilising opportunities for production and the creation of
   wealth. Th is category includes industrial sites, electricity networks, water infrastructure, agricultural
   infrastructure, tourism infrastructure, sewage, roads, railroads, telecommun ications, ports, and airports.

   Social infrastructure, which is focused on developing human resources, building capacity and
    improving the quality of life. This category includes health facilit ies, educational facilities, recreational
    facilit ies and housing.

Fro m the definition of infrastructure, it is evident that the provision of such infras tructure has major
benefits for growth and development. These benefits, and how they can be derived through the provision of
different types of infrastructure, are further elaborated upon in the document. They are:

Economic Growth
The provision of economic infrastructure such as electricity, water, roads and telecommunications
improves the flow o f and access to goods, services, people, resources, markets and informat ion, thereby
improving the efficiency of production and competitiveness and creating opport unities for investment and
emp loyment.

Quality of life
Access to goods, services and opportunities also improves the standard of living of people and their ability
to engage in inco me-generating activit ies.

Poverty Alleviation
The provision of basic infrastructure, in part icular, is a relatively low-cost, effective method of alleviat ing
poverty and ensuring that equity accompanies growth.

Employment and Skills
If approached correctly, large investments in infrastructure will also create opportunities for job creation
and building of skills. This can be achieved if in frastructure programmes focus on small-scale
entrepreneurs, labour-intensive construction techniques, basic education and skills training, and in some
contexts community-based public work programmes.

Technology Development
Infrastructure investment can promote the development of technology, especially through the
telecommun ications network. The challenge is to develop affordable systems that will simu ltaneously meet
basic needs and permit the introduction of the information age in all co mmunit ies.

The significance of Infrastructure Policy Cluster within the development environ ment in Mpu malanga
Province is : “To provide appropriate efficient and cost- effective infrastructure in harmony with the
environment to imp rove the quality of life and support wealth creation.”
The objectives of infrastructure strategies are to:
1. Upgrade existing public roads
2. Construct public roads
3. Develop public transport
4. Provide co mmunity facilit ies
5. Provide teleco mmunicat ion services
6. Provide co mmercial bulk services
7. Maintain all public infrastructure


Provincial Policy Clusters (iv) Addressing Basic Needs
Two categories of basic needs, namely the material basic needs and the non -material basic needs.

Material basic needs
These require the allocation of scarce resources. Goods and services obtained from these scarce resources
must be provided efficiently and adequately to all people. The following basic needs can be specified as
material basic needs:

Houses
Everybody has a right to a house. The houses provided must be of a minimu m standard. A house must
provide protection from weather, be of a durable structure, provide a reasonable living space and provide
privacy. A good house includes sanitary facilities, storm water drainage, household energy supply and
convenient access to clean water.

Water and Sanitation
Being a scarce resource, water must be made availab le to everybody in a sustainable manner. Clean water
is required fo r drinking, maintaining a sanitary environ ment, for keep ing food clean and for practicing
personal hygiene.

Basic Education and Train ing
The type of education received should be of a standard that will enable an individual to participate fu lly in
society. The system of education and training that is provided, must ensure equal opportunities for all. It
must aim at the development of knowledge and skills.

Teleco mmunications
Teleco mmunications is part of informat ion infrastructure which has an important role to play in health,
education, agricultural, info rmal sector, policing and safety programmes.

Transport
Improved public transport infrastructure and facilities, access to emergency services, and frequent public
transport and route coverage.

Health and Health Care
Adequate and efficient health care and social services should be developed.

Develop mental Social Welfare and Social Security
According to the RDP, social welfare includes the right to basic needs such as shelter, food, health care,
work opportunities, income security and all those aspects that promote the physical, social and emotional
well-being of all people in our society, with special provision made fo r those who are unable to provide for
themselves because of specific p roblems.

Environment
Every person deserves access to natural resources such as the use of land, water, and wild life. Local
populations as part of the environment, should share in the benefits accruing fro m the environ ment.
Co mmunit ies should be empowered to manage their natural environment and every person is entitle d to
safe and healthy living and working environ ments.
Food
Malnutrition has been seen as one of the problems faced by South Africa. Basic nutrit ional requirements
are necessary for every person.

Energy/electricity
Access to electricity needs to be improved. Energy is a vital input into the informal sector where most of
the people currently depend on inferio r fuels.

Clothing
Clothing is an essential basic need to provide sufficient physical protection against the elements and at the
same time satisfy the cultural needs of the population. Factors such as climatic conditions, type of work
being performed and local customs should be taken into consideration in estimating basic clothing
requirements.

Emp loy ment
Emp loy ment is an essential means to satisfy bas ic needs and must therefore be prominent in designing a
basic needs strategy. The creation of emp loy ment through labour intensive public works programmes (e.g.
housing, electrical and water infrastructure, repair of environ mental damage, etc.) should receive priority.

Land
Enough land should be made available to achieve basic housing targets of a decent standard. Commun ities
also need land for subsistence farming.

Non-Material B asic Needs
Non-material needs interact with material needs, but they are distinct because they do not require the
allocation of scarce resources, and therefore cannot readily be dispensed by the government. The following
are examp les of important non-material basic needs.

Co mmunity Participation
This concept is being dealt with extensively by the community participation policy cluster. Co mmunity
participation is the process through which the members of the public are actively involved in all activ ities
affecting the quality of their lives and environment. Through an adequate public participation process,
material basic needs can be effectively identified and satisfied.

Self Reliance
Every co mmun ity should be allo wed to pursue its own way of development without relying on or imitating
the experience of other people. But learning fro m other people‟s experiences, achievements and mistakes is
encouraged.

Economic Equality
To achieve economic equality the material needs (goods and services) must be provided on an equal basis.
With non-material basic needs, the material basic needs can easily be identified, p rioritised and satisfied.

A single goal which encapsulates the significance of the Basic Needs Policy Cluster within the
development environment in Mpumalanga Province, was formu lated. The goal is : “The satisfaction of
basic needs of the inhabitants of Mpumalanga in a sustainable, environ mentally sensitive manner.”


Provincial Policy Cluster (v): Good Governance
A single goal which encapsulates the significance of the Good Governance Policy Cluster within the
development environment in Mpumalanga Province, was formu lated. The goal is: “To ensure efficient and
effective governance at all spheres of government which includes the following elements: accountability,
service oriented, pro-active, people driven, empowerment, sustainability, rule of law, responsibility.”
The objectives of good governance are to:
1. Establish and implement a policy on asset management
2. Ensure an integrated budgetary framework
3. Ensure provision of accurate financial reports
4. Ensure an integrated transformation fra mework
5. Implement a develop ment framework
6. Formulate and implement a co mmun ication strategy
7. Establish an effective management info rmation system
8. Establish and implement a performance management system
9. Ensure effective co mmun ity participation
10. Facilitate empowerment of civil society
11. Formulate and implement a crime prevention strategy


Provincial Policy Cluster (vi): Preserving Natural Resources
Sustainable management of natural resources is said to underline sustainable economic and social
development. The provision of people‟s basic needs and continued economic growth depends upon the
sustainable utilisation of these natural resources.

The following definit ion was accepted for this policy cluster: “Conservation of Natural Resources is the
sustainable use and holistic management of the components and the integrated system of the geology, soils,
land, water, air and biota as well as the landscape and cultural resources.”

A single goal which encapsulates the significance of the Conservation of the Natural Reso urces policy
cluster within the develop ment environment in Mpumalanga Province, was formu lated. The goal is
:”Sustainable development through the wise use of natural resources for the benefit of current and future
inhabitants of Southern Africa, especially those of Mpumalanga Province.”

The objectives related to this policy cluster are:

1.   Conservation of non-renewable natural resources
2.   Pollution control
3.   Reduce sediments yield
4.   Management of resources
5.   Integrated waste management
6.   Aesthetic quality of landscape
7.   Cultural and heritage resources
8.   Preserve habitat integrity
9.   Rehabilitation of the environ ment

								
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