• Has extensive experience in the renewable energy sector and has worked on large scale wind and solar projects. Together they have the experience and knowledge to ensure compliance and reduce environmental risk for Vestas. EMA will ensure compliance and reduce risk for Vestas.

1. Developing for Today while
Saving for Tomorrow

2. Introduction
• We will take you on a journey through the legislation so that an
understanding can be created on why it is important to employ a company
like EMA
• Create an understanding on environmental risk and non compliance
• Identify the penalties of non compliance
• Identify the key role players in development to ensure an effective
environmental system
• Why you should consider EMA

3. Legislation
Section 24 – environmental right
Everyone has the right -
to an environment that is not harmful to health or well-being; and
to have the environment protected, for the benefit of present and future
generations, through reasonable legislative and other measures that –
(i) prevent pollution and ecological degradation;
(ii) promote conservation; and
(iii) secure ecologically sustainable development and use of natural resources
while promoting justifiable economic and social development.
“RIGHT” AND “DUTY”

4. Means the surroundings within which humans exist and
that are made up of:
(i) Land, water
and atmosphere of
the earth
(ii) Micro-organisms,
plant and animal life
(iii) Any part or
combination of (i)
and (ii) and the
interrelationship
among and between
them
(E.g. Ecosystems or
the carbon cycle)
(iv) The physical,
chemical, aesthetic
and cultural
properties and
conditions of the
foregoing that
influence human
health and well-
being
WHAT IS “ENVIRONMENT” in terms of the Law?

5. SUSTAINABLE DEVELOPMENT
• “development that meets the needs of the present generation
without compromising the ability of future generations to meet their
own needs.” - Gauteng Region v Save the Vaal Environment 1999
(2) SA 709 (SCA).
• Also: “an integrated approach to environmental management and
protection that combines three pillars, the environment, economic
development and social development, which interacts in a holistic
and harmonised manner.”

6. NATIONAL ENVIRONMENTAL MANAGEMENT ACT
107 OF 1998
– Creates the legal framework to address section 24 of the Constitution.
– Confirms that State is the trustee of the environment on behalf of the
inhabitants.
– Sets out the fundamental principles that apply to environmental
decision making
– Provides for compliance and enforcement of NEMA and all SEMA
legislation
– Introduces a general duty of care to prevent, control and rehabilitate
the effect of significant pollution and environmental degradation.

7. CHAPTER 2 - PRINCIPLES
Principles:
Apply throughout the Republic to the actions of all organs of State
that may significantly affect the environment
• Integrated environmental management
• Social, economic and environmental factors considered in planning, implementation and evaluation of
decisions
• Chapter 5 (Environmental Impact Assessments)
• Preventive principle:
• S 2(4)(a)(i);(ii);(iii);(viii) Pollution & degradation; disturbance of landscapes and sites of cultural
heritage must be avoided when considering sustainable development
• Precautionary principle:
• S 2(4)(a)(vii) Risk-averse and cautious approach is applied which takes into account the limits of
current knowledge about consequences of decisions and actions
• Polluter pays:
• S 2(4)(p) Cost of remedying pollution, environmental degradation and consequent adverse health
effects… be paid by those responsible for it

8. CHAPTER 7:
COMPLIANCE, ENFORCEMENT AND
PROTECTION
DUTY OF CARE
• Section 28: Duty of care and remediation of environmental damage
– Every person who causes, has caused, or may cause significant
pollution or environmental degradation of the environment must take
– Reasonable measures:
• Prevent – occurring, continuing or recurring
• Minimise and rectify

9. CHAPTER 7:
OFFENCE – ENVIRONMENTAL HARM
• Section 28(14):
– No person may unlawfully and intentionally or negligently commit any
act or omission which
• Causes or is likely to cause significant pollution or degradation of
the environment
• Detrimentally affects or is likely to affect the environment in a
significant manner, or
• Refuse to comply with a directive issued under this section
• Section 28(15):
– Contravention of section 28(14) is an offence
– Penalty: R1 million or 1 year, or both

10. The Constitution (1996)
The National Environmental Management Act
(1998)
The National Environmental
Management Policy (1997)
Biodiversity and
Conservation:
Biodiversity (2004)
and Protected
Areas (2003) Acts
Environmental Quality
and Protection:
Compliance and
Enforcement (2005);
EIA Regulations (2006
and 2010)
Air Quality Act (2004)
Waste Act (2009)
Marine and
Coastal:
Integrated
Coastal
Management
Act
DUTY

11. Specific Environmental Management Acts NEMA
Helpers
NEM:
Protected
Areas Act 57
of 2003
NEM:
Biodiversity
Act 10 of
2004
NEM: Air
Quality Act
39 of 2004
NEM: Waste
Act 59 of
2008
NEM:
Integrated
Coastal
Management
Act 24 of
2008
National
Water Act 36
of 1998
Environment
Conservation
Act 73 of
1989
Listing Notices
BA EIA
Applications
Licenses Permits
Environmental
Authorisation
EMPEMP

12. • Independent body to ensure that the developer is compliant with a
suite of south African Legislation.
• The middle man between the local, provincial and national
departments and the developer.
• To ensure that the contractor is following all the requirements
listed is the Environmental Authorisation, EMP and Licences or
Permits.
• To ensure that the contractor is not conducting any listed activities
that they have not been authorised to for.
• To ensure that the contractor has the relevant permits to conduct
all their activities.
Role of an ECO:

13. • Representative from the Engineer
• Reviewing method statements to ensure they are compliant with the legislations,
permits, authorization, licenses, EMP and project specifications.
• Approve method statements before submitting them to the ECO
• Audit the contractor
• Identify non-compliance
• Ensure that the contractor is compliant with environmental legislation, permits,
authorisations, EMP and project specifications
• Ensure compliance with the project specifications
• Ensure the non-compliances identified by the ECO and the EM are addressed and
responded to formally
• Ensure that the ECO receives a formal response for all non compliance incidents
Role of an Environmental Monitor:

14. Role of an Environmental Officer
• Monitor the contractors compliance, with the legislation, the permits, EMP,
project specification and the authorization
• Assist in writing Method statements to ensure that the statements are in
line with the legislation, authorization, permits, EMP and project
specifications.
• Monitory the contractors compliance with regards to the environmental
sections of the specification.
• Identify potential non compliance and implement mitigation measures
• Evaluate NCRs and non compliance findings identified by the EM and the
ECO and address the matters
• Ensure that all EM and ECO findings are closed out formally
Role of an Environmental Officer:

15. How does an effective environmental
Management System Function? to eliminate any
Risk to the project, the client and reduce legal
non compliance
ECO (Reports non compliance
to government and is included
in the project file)
EM (Monitor the site effectively
and ensure the EO is ensuring
compliance)
EO (Monitor the site effectively
identify non compliances and
address them immediately).
Risk
Low

16. CHAPTER 5:
SECTION 24G RECTIFICATION APPLICATIONS
National Environmental Laws Amendment Act 14 of 2009: Standardisation
of penalties: ratio - 1 year imprisonment = and or R1 million fine:

17. The Clients Risk
• Environmental Authorisation is in an individuals name.
• Thus the individual will be held criminally for non compliance
• If the client passes the responsibility on to the contractor.
• The holder of the authorization in terms of the law will still be prosecuted criminally.
Once that process has been undertaken the holder can charge the contractor
civilly,
Clients Risk:

18. How can EMA assist ?
Cradle to grave approach (start of development to the end of a project)
EMA can assist with:
• Licensing and Permits
• Rehabilitation and Erosion management plans
• Write method statements with the contractor
• EO and EM services
• Environmental Auditing to ensure the EO and EM are undertaking their roles
• Identifying environmental risk through audits
• Advising Vestas on compliance
• Identifying practical compliant solutions during development
• Amend and contribute to Project specifications and project operational documents such as EMP’s operational manuals
etc…
• Assisting with tenders and the BOQ for the contractor to ensure the correct budget has been allocated for
environmental matters.
• Reviewing project specification
• Rehabilitation implementation, monitoring and evaluation

19. Why should you use EMA?
EMA team:
Director:
• was designated as a grade 2 EMI for National Government (second highest level of
compliance in government and was trained by the Department of Environmental
Affairs)
• Has extensive experience in the Renewable energy, Water sector and conservation
• Has EMA worked on large scale projects for and with companies such as Aurecon,
Ndondana, TCTA and Abengoa to reduce environmental risk for the client and
manage environmental compliance.