Local Government, Environmental Affairs and Development Planning

With regard to the Diep River directive:

[1]   Whether the National Environmental Management Act, 1998 [Act 107 of 1998], does allow the provincial Minister to impose administrative fines or penalties as listed in the Diep River directive; if not, whose responsibility is it to impose the listed penalties for non-compliance with the directive;

The National Environmental Management Act, 1998 [“NEMA”] does not provide for administrative fines or penalties. The penalties stipulated within the modified Directive relates to criminal offences in the event of non-compliance with the modified Directive and/or the relevant provisions within NEMA. Only a court may impose such penalties, upon a successful conviction through a criminal enforcement process. Currently, the matter is in the Administrative Enforcement process.

[2]   what action has been taken by his Department in the absence of strategic stormwater outlets being installed to trap general waste by 30 November 2021, as specified in point 4.2.7 of the amended directive;

The reason provided by the City for the delay in the installation of the nets at some of the stormwater outlets is due to the City’s Supply Chain Management challenges as the tender process was subject to an appeal, thus causing delays in the appointment of a service provider. However, my Department through their quarterly engagements with the City, has instructed the City to conduct regular clean-ups of the relevant stormwater outlets (in the absence of nets) and to provide the Department with such updates as part of the City’s monthly progress reports that are submitted to the Department.

[3]   what [a] steps and [b] associated timelines have been put in place by his Department to ensure that the Estuary Rehabilitation Plan, as specified in point 5.5.132.3 of the amended directive, is implemented;

It is assumed that question refers to point 5.5.132.3. which deals with the Estuary Management Plan. Point 5.5.132.3 forms part of the “Reasons for this Appeal Decision” under Section 5 and is not part of the Instructions/Conditions of the modified Directive under Section 4, which must be complied with.

However, insofar as the Estuary Management Plan (“EMP”) the national Department of Forestry, Fisheries and the Environment is the competent authority for approving the EMP, and thus enforces compliance with the EMP.   

[4]   whether his Department will continue to conduct quarterly engagements with the [a] Organisation Undoing Tax Abuse [OUTA], [b] Milnerton Central Residents Association, [c] national Department of Water and Sanitation and [d] national Department of the Environment, Forestry and Fisheries; if not, why not?

My Department continues to conduct and participate in the quarterly engagements with national Department of Water & Sanitation, the national Department of Forestry, Fisheries and the Environment, and the City. However, in terms of engagements with OUTA and the Milnerton Central Residents Association, the City coordinates these engagements, of which my Department forms part of.