One of the constitutional obligations of government is to ensure that the right for a safe and healthy environment is upheld. As such, government must have programmes in place to ensure compliance with environmental laws. In this respect DACE has 2 programmes to deal with environmental impact management and mitigation, as follows:
First, a programme to prevent un-sustainable environmental impact using the legislated tools of EIA’s and EMPR’s. These measures do not only apply to development undertaken by the private sector but include various government departments responsible for promoting, facilitating and implementing development in the province. A breakdown of functions and activities which should comply to EIA regulations is provided in appendix 8.3. Some government departments may be the proponents of the development and thus are required to themselves conduct the EIA.
Second, the implementation of measures to ensure the ongoing compliance with environmental management conditions of EIA and EMPR permitted developments as well as legislated environmental norms and standards. This has prompted the development of an Environmental Conservation Inspectorate Unit.
Memoranda of Understanding (MOU)
Given the very limited resources available for effective environmental management it is crucial for organs of state to co-operate around these issues. In this regard, Section 7 (3) (b) of NEMA provides for MOU’s between departments as a tool to facilitate effective co-operative environmental governance. MOU’s would assign and delegate functions related to the environment between organs of state.
The following departments will be considered for entering into MOU with DACE:
Department of Developmental Local Government and Housing
Department of Transport, Roads and Public Works
Department of Health
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