2015 04 13 Draft WUL Procedure Regulations IAIAsa submission final
Transcription
2015 04 13 Draft WUL Procedure Regulations IAIAsa submission final
IAIAsa Secretariat Tel: +27(0)11 655 7183 Fax: +27(0) 11 655 7011 or 086 662 9849 Address: 43 Birchwood Court, Montrose Street, Vorna Valley, Midrand, 1618 Postal address: PO Box 11666, Vorna Valley, 1686 Email: [email protected] Website: www.iaiasa.co.za International Association for Impact Assessment South Africa Comment on the Draft Water Use Licence Regulations, 2014 13 April 2015 The Director-General Department of Water and Sanitation Attention: Mr Anil Singh DDG: Regulation Compliance Authorisation Email: [email protected] Dear Sir, The South African Affiliate of the International Association for Impact Assessment (IAIAsa) is a voluntary association comprised of members active in the consulting, government, industry and academic sectors of Integrated Environmental Management (IEM). With reference to the Draft Water Use Licence Regulations, 2014 ("the draft regulations") published under the National Water Act, 1998 (Act No. 36 of 1998) ("NWA") that were gazetted on 12 February 2015, IAIAsa would like to comment as follows: 1. General comments 1.1. At the outset, we would like to state our support for these regulations which we hope will provide greater certainty and efficiency to the water use licence application process. 1.2. Many of our members are environmental consultants and specialists with extensive experience in the water sector, and who, through interaction with applicants, interested and affected parties, licensing authorities and other organs of state, have an extremely President: S George, Past President: P Sithole, Vice President: N Baloyi, Treasurer: J Mitchell, Secretary: R Luyt. Members: D Michel, S O’Beirne, K Strachan, J Tooley. Branch Chairs: N Devenish, S Makhudu, E Monyai, J Richardson, C Steenkamp, B Steytler, O Stotko, R Wilken. good idea of the practicalities around the water use licensing process. We thus request that you fully consider these comments from key role players regarding the implementation of the WUL Regulations as to ignore them could very well result in impracticable regulations. 1.3. The most prevalent concerns raised by our members pertain to the confusing timeframes that are prescribed for the different steps in the application and lack of clarity as to how these timeframes would synchronise with other licensing application processes, for example, environmental authorisation or waste management licenses. The other key concern is whether the Department currently has the administrative capacity (systems and manpower) to meet these timeframes. 1.4. We also bring it to your attention that there are a number of grammatical errors in the draft regulations which we trust will be identified and addressed prior to the regulations coming into force, particularly where it compromises interpretation. 1.5. We trust that our comments set out here below will assist with the practical application of these regulations once in effect. We also request that the Department consider, if it hasn't done so already, a guideline document to assist applicants, consultants and licensing officials with the practical implementation of the regulations once in force. 2. Specific provisions (in the order they appear in the draft regulations) 2.1. Explanatory note 2.1.1. We request that the third paragraph of this section be redrafted so as to remove any impression that the application of these regulations is limited to mining. 2.2. Arrangement of regulations: Chapter Commencement read with Chapter 11 11 Transitional Arrangements and 2.2.1. Although listed in the table of contents under Chapter 11, there are no transitional arrangements provided for in the draft regulations. We request that provisions are inserted to provide clarity on the application of these regulations to: 2.2.1.1. applications pending at the time the regulations are published; 2.2.1.2. the appeal process for decisions made after the regulations are published but for applications submitted prior thereto. 2.3. Interpretations and definitions: Regulation 2 2.3.1. There are two definitions for "days", both of which appear to be incomplete and do not necessarily make sense when read with the use of this word in subsequent provisions. A further comment is that if there is intention to synchronise licensing President: S George, Past President: P Sithole, Vice President: N Baloyi, Treasurer: J Mitchell, Secretary: R Luyt. Members: D Michel, S O’Beirne, K Strachan, J Tooley. Branch Chairs: N Devenish, S Makhudu, E Monyai, J Richardson, C Steenkamp, B Steytler, O Stotko, R Wilken. timeframes, the excluded period in the 2014 EIA Regulations is 15 December to 05 January. 2.3.2. The comments in brackets "(Recommended for removal)" and "(enhance as per the Act)" that respectively appear at the end of the definitions provided for "Record of Recommendation" and "responsible authority" and seem to be remnant commentary for drafting purposes. 2.3.3. Although a definition of "sector" has been included, this word does not appear anywhere else in the draft regulations. 2.4. Compliance with formal requirements: Regulation 15 2.4.1. Reading in context, it would appear that the word "applicant" in the latter half of the sentence should read "application". 2.5. Timeframes for responsible authority: Regulation 23: 2.5.1. The first row in Table 1, particularly the wording "7 days for mining" is not clear in meaning. 2.5.2. The number of days in Table 1 does not appear to tally with timeframes provided for in other provisions, in particular, regulations 18 and 23(1). 2.5.3. In respect of regulation 23(4), there is potential for conflict of timeframes with the EIA process if the timeframes are extended by 40 days. 2.6. Consideration of allocation schedules in the water use licence assessment advisory committee: Regulation 31 2.6.1. There is a word missing in Regulation 31: "Before publishing the [?] in the government gazette ……". 2.7. Period after which an amendment may be submitted: Regulation 32 2.7.1. It is offered that the used of "shall" in Regulation 32 should be changed to read "may", as applications for amendments are not mandatory. 2.8. Timeframes for amendments: Regulation 34 2.8.1. It is not clear from Regulation 34 which steps and associated timeframes apply to an application for an amendment of a water use licence. President: S George, Past President: P Sithole, Vice President: N Baloyi, Treasurer: J Mitchell, Secretary: R Luyt. Members: D Michel, S O’Beirne, K Strachan, J Tooley. Branch Chairs: N Devenish, S Makhudu, E Monyai, J Richardson, C Steenkamp, B Steytler, O Stotko, R Wilken. 2.9. Timeframes for renewal: Regulation 37 2.9.1. It is not clear from Regulation 37 exactly which steps and associated timeframes apply to an application for a renewal of a water use licence. 2.10. Registered interested and affected parties entitled to comment on submissions: Regulation 40 2.10.1. Regulation 40(2) appears to be an incomplete provision. 3. Concluding remarks 3.1. We trust that these comments submitted by IAIAsa will be received in the spirit in which they are intended, which is to improve practice and ultimately the protection and management of our water resources. 3.2. Lastly, we would like to offer our assistance towards co-drafting or reviewing a guideline document on the WUL regulations, including workshops with the Department, and facilitating any workshops with our members that may assist the Department in the implementation of the regulations. Yours faithfully Sue George IAIAsa President 2014/2015 President: S George, Past President: P Sithole, Vice President: N Baloyi, Treasurer: J Mitchell, Secretary: R Luyt. Members: D Michel, S O’Beirne, K Strachan, J Tooley. Branch Chairs: N Devenish, S Makhudu, E Monyai, J Richardson, C Steenkamp, B Steytler, O Stotko, R Wilken.