Efficiency of environmental legislation to protect the environment associated with fine ash dams in Secunda, Mpumalanga, South Africa

Abstract

This study aimed to unpack applicable environmental acts and regulations relevant to the governance of the Sasol Secunda Industrial Complex (SSIC) Fine Ash Dam 6 (FAD6) facility situated in the Mpumalanga province of South Africa. The case study entailed the following:  Legislative review to establish efficiency in the prevention of over-regulation, specifically as it pertains to the FAD 6 facility and in a broader sense as it reflects in South Africa;  A desk-top study and literature review of the licenses, authorisations and management plans issued for the governance of the FAD6 facility; and  Semi-structured interviews with regulatory case officers, Sasol specialist and various environmental assessment practitioners (EAPs) / consultants in order to establish understanding around inter-governmental communication for dispensation consideration if applicable. Seven documents were evaluated for the FAD6 facility at SSIC including an Environmental Authorisation, Water Use License, Waste Management License, Environmental Management Plan for the WML, Amendment to the Environmental Management Plan, Environmental Management Plan for the General Authorisation and a General Authorisations.

It was established that the governance structures in South Africa are complicated by two different bodies. Environmental governance structures in South Africa consists of the Department of Environment, Forestry and Fisheries (DEFF) and Department of Water Affairs (DWS), both forming part of the Economic Services and Infrastructure Development cluster within National Government (National Government of South Africa, n.d.). The DWS is managed according to catchment areas that crosses provincial boundaries, while DEFF is managed on national, provincial and local level. While these departments have robust legislation in terms of co-operative governance, there appears to still be a lot of duplication as a result of how these departments interact to effectively manage and govern in order to protect the natural environment. Various interactions between governing bodies showed that while DEFF consults both inter-departmentally, they also consulted with the DWS for inputs related to the protection of water resources. The DWS however does not consult with DEFF for inputs related to water matters. The study concluded that there is definite duplication between the conditions from various departments. It was not possible to give an exact numerical figure for the duplication of any specific condition that was required, however, it was evident that there are various conditions across the different categories (highlighted throughout the study) that had similar intent in terms of the protection of the environment.

The main outcome of the study showed that there is a definite propensity to over-regulate due to some inefficiencies in the application of environmental legislation.