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Posted by Enviroadmin
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Friday, 03 December 2010 17:03 |
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We've had a number of users email us to ask us how they can easily keep abreast of what's going on in South African legislation. To stay up to date with what's going on in SA legislation we recommend users subscribe to the Parliamentary Monitoring Group (PMG) and you can subscribe at www.pmg.org.za
What is the PMG?
The Parliamentary Monitoring Group, an information service, was established in 1995 as a partnership between Black Sash, Human Rights Committee and Idasa with the aim of providing a type of Hansard for the proceedings of the more than forty South African Parliamentary Committees for these three advocacy organisations. This was because there is no official record publicly available of the committee proceedings - the engine room of Parliament - and this type of information is needed by civil society to lobby the Parliament of South Africa on pieces of legislation, matters of democratic processes and parliamentary oversight of the executive.
This website was set up at the beginning of 1998 to make the information generated available to a wider audience. Presently this is the only source for this type of information. We hope that the PMG committee reports and other documents will provide the public with an insight into the Parliament of South Africa and its daily activity. Importantly it provides a window into the performance of each government department and public entity over which each parliamentary committee has oversight.
PMG became a fully fledged independent NGO in July 2009.
What PMG does:
PMG provides accurate, objective, and current information on all parliamentary committee proceedings in the form of detailed, unofficial minutes and documents and since 2007, sound recordings of the meeting.
PMG’s key activity is the attending of all Parliamentary Committee meetings, where a monitor will tape and minute the proceedings and obtain all documents tabled in the committees. Immediately after the meeting, the audio recording is published on the PMG website Once a detailed written report has been compiled, it passes through an editorial and quality control process. It is then published on the PMG website within three working days of the committee proceedings along with all the relevant committee documents such as such as public submissions, working drafts of bills and briefings on policy & legislation.
Beyond the reporting of Committee proceedings, PMG provides
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Early notification of requests for submissions
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Details of public hearings
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Committee and parliamentary programmes
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Legislative programmes for each department
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A weekly progress report of the status of each bill in the legislative process
Please make use of PMG’s FREE email alerts service and receive alerts for those government portfolios that you are interested in. We email you committee meeting reports and documents, new bills, request for submissions, ministry media briefings and speeches.
What is on the PMG web site?
Currently PMG covers all parliamentary committees (except Intelligence which is closed to the public) and the PMG website has a record of all meeting proceedings and other documents between January 1998 and the present. However certain committees were not covered prior to 2000. If you cannot find what you are looking for, please contact
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Posted by Enviroadmin
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Thursday, 08 July 2010 15:28 |
Click here for the PDF document.
Document issued by DEAT (Department of Environmental Affairs and Tourism) and EMI (Environmental Management Inspectorate)
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Posted by Enviroadmin
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Monday, 24 May 2010 21:23 |
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Here is the link to legal documents and legislation on DWAF's site: http://www.dwaf.gov.za/wfw/Legal/
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Posted by EnviroPolice
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Monday, 24 May 2010 21:23 |
Illegal Industrial Activity is terrorising Citizens in Residential Area.
An Open Letter to the Mayor of Pretoria and her Subordinates ...
( This Notice may be freely published and redistributed as is, by any Newspaper or (environmental / environmental health) website. )
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Dear Executive Mayor, Dr Gwen Ramokgopa.
As all of my past tries to get your and your various departments' attention focused on gross negligence by your departments, I see no other way possible than to finally GO PUBLIC, just like I have promised it in at least 3 of my past letters and/or emails for which I never even received an answer.
Well here is the first attempt of the new route this is going to take:
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NOISE POLLUTION / NOISE NUISANCE /// Illegal Industrial Activity is terrorising Citizens in Residential Area.
(And this for over 8 years)
- I suspect a high degree of DISINTEREST, INABILITY or even CORRUPTION to be the main problem here, to name the child by its correct name.
As nobody can be so stupid and not understand my letters intentions and means. But things can be just put off until they are dying....
The Pretoria City Council and their Police Force (Metro Police) are unable or unwilling to act according to the rules (your rules - afterall!) and by-laws of their Town, as is laid down!
They are thus helping/promoting reckless business people to misuse/misrepresent the law and terrorise residents with illegal industrial noise in a residential areas on an ongoing basis.
If this is their intention relevant people must be replaced with those who are interested in their job and can do it.
Other Cities, especially overseas, are clamping down even on road noises arising from the surface of the tarmac, assisting researchers in the process.
Pretoria City Council cannot even enforce their laws on the business people opening shop in residential areas - after rezoning into business stands.
I have been complaining for over 8 years now and will continue doing so - by all means possible until this matter is finally resolved.
This is my LEGAL RIGHT as a citizen of Pretoria and of South Africa, as it is the LEGAL RIGHT for any other citizen that would like to join in with me (or not), to have a peaceful and quiet living space that is safe, as is laid down by the laws of this country.
But as things currently are standing nobody wants to "get involved". Everybody is too busy.
Please note the List of PRIORITIES of Pretoria, from the city's website:
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http://www.tshwane.gov.za/citypriorities.cfm
City Priorities
Managing and developing our infrastructure.
Developing our economy.
Ensuring community safety.
Building and sustaining our communities.
Developing and enhancing our natural resources.
Building our institution and governing well.
Enhancing our image as the capital city.
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It is very nice and handy, to have the information online (as given below) - even on the main page, but I do not see any action taken when calling ANY of these numbers when the specific condition applies - and that is already a chronic phase for more than the last 8 years running:
http://www.tshwane.gov.za/
Noise control Contact the Metro Police on 012 358 7095/6 or the SAPS on 10111
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If this PUBLIC NOTICE does not get the correct attention from the Pretoria City Council, more specific details will be made available to for PUBLIC VIEW, as this matter is for the interest of the whole of Pretoria (North) and South Africa - and even to the rest of the World out there.
I expect (every citizen in fact deserves this) that a solution to the above mentioned problems is found and is attended to shortly.
Yours truly
EnviroPolice
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Posted by EnviroPolice
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Monday, 24 May 2010 21:19 |
The EIA (Environmental Impact Assessment), which was done concerning the Wonderboom Airport, was side-stepped by the Pretoria City Council, as the main share holder/owner!
- Was there CORRUPTION, too ???
The extension of the runway was turned down in an official meeting held at the airport over 2 years ago.
The reason being that there is too much noise for the residents close by as it is - never mind the larger aircrafts landing and starting when the runway is extended.
Satellite Picture/Map of the airport and the runway:
http://wikimapia.org/#lat=-25.658471&lon=28.2240486&z=15&l=0&m=a&v=2
More info on the officiel website:
http://www.wonderboomairport.co.za
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Posted by Cobus
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Monday, 24 May 2010 21:17 |
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Hi
I could most probably get the info I need from web searches, but I'm a bit pressed for time, so I beg your understanding.
I have been made aware of a Background Information Document (BID)that calls for the registration of interested and affected parties (I&EP) for an EIA to be done for the erection of a factory near my workplace that will handle poisonous and carcinogenic chemicals.
I find the information given to the public rather slim. They have automatically registered some parties, but these apart from the necessary authorities, are only limited to immediate neighbors within 100m of the plot boundaries. As I said I'm a bit pressed for time as the registration closes on 25 February 2008.
So what I want to know is the following:
1. We as a business have been registered, but may I as a worker in the area also register separately as an I&EP, due to my concern for my own health? I would most probably be involved in an official capacity as Environmental Management Representative for my company.
2. The enviro consultant that will do the EIA stresses that they only need to personally notify companies within 100m of the proposed development. What act and section regulates who should be notified in person?
3 The public notification was done by a local newspaper add, a copy of the BID at the local municipal offices and an A3 size "election type" poster fitted with cable ties to a telephone pole on the property. The wind has turned this poster and it is now partly obscured by vegetation and of such small print that one has to be within 1-1.5m of it to be able to read it. The last method of notification mentioned in the BID is on the consultants web page. This page did existed in the past as Google still cache the link, but return a "page does not exist" if clicked. Although the BID state the specific nature of the plant, the public notices only mention the broad industrial branch of the process and any mention of possible harmful substances are omitted. It would thus not trigger the publics attention. Now my question is, what acts/regulations govern notification and how is the term sufficient notification interpreted by the law? I cannot believe that the notification given in this case can be deemed sufficient.
4. The BID state that an EIA must be done because 2 items of NEMA regulation 386 were triggered. One is the above ground storage of dangerous goods including petrol, diesel, liquid petroleum gas or paraffin and the other bulk transportation of water and sewage in pipes bigger than 0.36m diameter or more than 120 liters per sec. Where can I find regulation 386 (and also 385)on the web? I cannot believe that handling poisonous/carcinogenic chemicals in a windy area within 500m of 3 human food plants, a dog/cat kennel and a penguin rehab site will not be a trigger for an EIA.
5. Any other pointers would be welcome.
Thanks
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Cobus
ED NOTE: Complete and updated list of all legislation regarding EIA's can be accessed here.
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Posted by Enviroadmin
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Monday, 24 May 2010 21:16 |
LIST OF ACTIVITIES AND COMPETENT AUTHORITIES IDENTIFIED IN
TERMS OF SECTIONS 24 AND 24D OF THE NATIONAL
ENVIRONMENTAL MANAGEMENT ACT, 1998
NO 386 - 21 April 2006
Document can be accessed here.
NO 387 - 21 April 2006
Document can be accessed here.
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Posted by Enviroadmin
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Monday, 24 May 2010 21:15 |
This document can be accessed here.
REGULATIONS IN TERMS OF CHAPTER 5 OF THE NATIONAL
ENVIRONMENTAL MANAGEMENT ACT, 1998 No 385 of 21 April 2006
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Posted by Enviroadmin
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Monday, 24 May 2010 21:08 |
NOISE is not only a NUISANCE, but can be really HEALTH THREATENING.
Research has shown that not only HEARING PROBLEMS/LOSS and even DEAFNESS, but also HEART ATTACKS are quite common - especially in elder people.
In South Africa not much is done against NOISE!
(I have just been battling - and still am - to curb INDUSTRIAL NOISE in a RESIDENTIAL AREA. However the City Council seems to turn a blind eye and is not interested to sort out the problems. Yes, they have even rezoned the stand (which has business rights). The owners think they can just do what they want. They have even told me so.
Where is the LAW?
Where are the people to control the LAW?
In all the years, I have never even seen an inspector.
Now the time is up! I have told the City Council that I will go ahead FLAT OUT now making every aspects PUBLIC and take the matter to the Department for Environmental Affairs and Tourism as well as report them to the Public Protector.
Who is ruling this lovely COUNTRY???
The corrupt Town Officials and business people, or do the people living in the area also have a say to how much noise is too much for their ears/homes?
Even CC's forwarded to the Mayor did bring NO RESULT or REPLY, for that matter. It is falling on deaf ears and gets the same result as speaking to a wall! Or conducting a monologue (with oneself).
In Europe special studies are conducted to even reduce ROAD NOISE from the ROAD SURFACE up to TIRES and so on.
Here no one can care less and the roads are resurfaced with a sprinkling of stones on the top. This may give a better grip, but also much higher noise levels.
The worst in a silent suburb is the NOISE from noisy motorbikes and tow-cars racing to accident scenes (especially between 22h00 - 06h00).
- But nobody seems to care less ...
One more point I would like to raise is about the MOBILE DISCOS.
Yes, you read it correctly - these are the cars and taxis with massive sound systems in stalled. you can hear the drumming and thumping noises, even long before you can see the car. When the car then passes you/your own car rocks and jumps. How can one riding in such a car concentrate on driving it, when you get sick in the stomach when it is just passing you ...
- Dear Minister of Transport, "I cannot stomach this any longer!"
... so much for now ...
I hope to continue with more Infos.
P.S.:
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Posted by Stan
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Monday, 24 May 2010 21:08 |
What legislation protects a community from a person opening a quad track at one of Kumbas mines bordering a residential area of Henley on Klip. The quad track is on a area set aside for divers to dive in a old quarry which is on Glen Douglas mine, the area has been used for diving for many years.Its claimed to be rezoned to sports and Rrecreation, but we have yet to see proof of this. They claim that as they have run a diving operation there they do not need to get further permission to operate a off road motorbike track there.
The nearest house and school on one side is a streets width away from the track, the residents are generally sub-economic.
The area they use is in fact in a registered conservancy.
The person running this establishment is the chairperson of the local ratepayers association. So we have a serous conflict of interest over the matter.
The original story was that you can only rent a quad there, then you could bring your own quad, we now at the situation where we have full competition quad and motor-cross bikes using the venue.
The excuse given is that they charge a high price to keep out riff raff, as if you don’t get rich riff raff. Missing the point that noise is noise whether its generated by rich or poor riff raff, its remains noise.Our weekends are disturbed by the wonderful sound of quad bikes, even though we are a kilometer away.As for dust control, there is close to none.
My question is what environmental or any other legislation protects one from such operators.
When you look into your eyes as you brush your teeth, what do you see?
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Posted by Enviroadmin
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Monday, 24 May 2010 21:07 |
Fiona Macleod - Mail and Guardian - 12 September 2005 03:00
http://www.mg.co.za/articlePage.aspx?articleid=250619&area=/insight/insight__national/
Large developers are bulldozing through laws and processes set up to ensure development is sustainable, and government officials and judges appear powerless to stop them.
Faced by what they call “a national crisis” caused by dodgy developers of townhouse complexes and golf estates, sustainable development activists are calling on Minister of Environmental Affairs and Tourism Marthinus van Schalkwyk to appoint a ministerial commission of inquiry.
Dr Nick King, CEO of the Endangered Wildlife Trust (EWT), says checks and balances built into the legislative framework to ensure development is sustainable are not working, and government officials and the judiciary are not sorting out the problems. “The judges and officials appear to favour the economic interests of the developers, even where the law is being ignored and there may be irreparable damage to the environment,” he says.
Environmental NGOs and concerned neighbouring residents have launched legal action against developers who started building, even though prescribed procedures and regulations have not been adhered to.
In two decisions involving golf estates in August -- in Mpumalanga and Gauteng -- the complainants wasted their time and money as judges dismissed their applications for urgent relief, which were aimed at stopping development until the court had an opportunity to hear their main objections.
King adds that, although the law insists government officials consider refusing development under certain circumstances, this “no-go option” is rarely, if ever, applied. The general attitude was summed up by the words of the Mpumalanga minister of agriculture and land administration, Madala Masuku, who replied on August 19 to an appeal by the EWT against a large golf resort in Belfast: “The ‘no-go option’ could not be adopted as the developer will lose the opportunity for economic investment and the resulted [sic] gain.”
Helen Duigan, chairperson of the Rhenosterspruit Conservancy near Lanseria airport and a member of the National Association of Conservancies, says the conservancy movement has to radically reinvent itself in response to threats from developers.
“In the past, the focus was on being a voluntary association of landowners who had a life quality they wanted to preserve,” she says. “The new front is promoting community-responsible development and conservation in the face of unscrupulous exploitation of rural areas vulnerable to urban encroachment.
“The only weapon in our hands is the legal process -- environmental legislation which is largely new, untested and possibly not well known by the authorities who have to implement it.”
‘Legislating for sustainability” was the theme of the annual conference of the South African affiliate of the International Association for Impact Assessment (IAIAsa) last week. Cape High Court Judge Dennis Davis, delivering the keynote address, underlined some of the misunderstandings in the judiciary about environmental impact assessments (EIAs) and sustainable development.
He pointed out that the rights of property owners and developers must be subject to the Constitution’s vision of sustainable development, which balances environmental, economic and social aspects in light of what is sustainable in the long term.
IAIAsa, along with the EWT and nine other prominent South African environmental NGOs, is tackling Van Schalkwyk about revisions to the EIA regulations that are expected to become law this month. The NGOs say they have not been given the opportunity to comment properly on the new regulations, which will effectively streamline procedures.
“The focus of the regulations strongly displays the government’s desire to improve administrative efficiency and reduce development delays ... The focus is biased towards a prescriptive process of information provision by consultants,” the NGOs wrote in a letter to the minister in April.
A request by the NGOs for a meeting with the minister before the draft regulations became law was rejected in July.
In response to questions from the Mail & Guardian, Van Schalkwyk said he believed the Department of Environmental Affairs and Tourism had sufficiently consulted affected parties in drawing up the regulations.
“The implementation of the new regulations should be monitored closely for at least a year before the need for an inquiry into alleged abuse is considered,” he said. “Aggrieved participants have not to date exhausted the avenues available to them to address the alleged abuse of the process.”
The minister added he was “not aware of any training on EIA legislation solely aimed at the judiciary”, though prosecutors were recently given training in the enforcement of EIA regulations.
Greenies are getting teed off
When President Thabo Mbeki criticised golfing and polo estates for being elitist empires, he probably had no idea quite how difficult it is to stop them rolling on. In recent court cases, objections from neighbours and environmental NGOs have landed dead in the bunker:
n A Pretoria High Court judge last week rejected an urgent application by the Endangered Wildlife Trust to stop bulldozing at the Highland Gate Golf and Trout Estate in Dullstroom, Mpumalanga. Construction activities began in mid-August despite the fact that the developers had allegedly not been given permission by the national Department of Agriculture to sub-divide the agricultural land on which the development will be situated.
n An urgent interdict attempting to stop Wraypex developers from construction work on a golf course and boutique hotel estate called Blair Atholl bordering the Cradle of Humankind World Heritage Site was thrown out of court in early August.
Members of the neighbouring Rhenosterspruit Conservancy who have appealed against the development have received threatening letters from Wraypex’s lawyers. The conservancy’s secretary received a summons for more than R35-million after he allegedly disseminated “false information” about Wraypex, causing construction delays.
-- Fiona Macleod
Mail and Guardian
http://www.mg.co.za/articlePage.aspx?articleid=250619&area=/insight/insight__national/
Brought to you by www.environment.co.za
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