Environmental management co-operative agreements: a contribution to pollution prevention in South Africa

• Main Author: Fischer, Dee
• Published: 2009
• Subjects: Environmental management; Environmental law; International cooperation
• Online Access: http://hdl.handle.net/10210/2009

M.Sc. === Internationally, the use of Environmental Management Cooperation Agreements (EMCAs) as a policy tool to improve environmental performance has been encouraged since the 1960’s. Through the law reform process that has been underway in South Africa for the past ten years, the National Environmental Management Act (Act No.107 of 1998) has made provision for the signing of EMCAs between the South African Government and industry. Although widely utilised internationally, this approach has been criticized by NGOs internationally as communities have little interaction with the process at stages when the agreements could still be influenced. In South Africa, NGOs are also critical of the approach as they feel that this approach could distract policy makers from preparing a sound environmental management framework that can be enforced and is legally binding on polluters in the country. This study reviews the international experience of this policy approach and argues that certain specific criteria need to be in place in order to negotiate effective agreements. These criteria include: sound environmental policy and management framework; set emission reduction targets; the ability to successfully monitor progress against a predetermined baseline; compliance of industry to existing legal requirements; strong sanction for noncompliance to the agreement; and a sound and achievable agreement. Having identified the requirements for the implementation of successful EMCAs, the policy and legal setting in South Africa is explored, as well as the current environmental performance of industry in the country to determine if the criteria for the introduction of EMCAs exist. The study makes the following findings: the legal framework for environmental management is presently being strengthened; progress on developing norms and standards is being made, however, presently norms and standards are lacking; reduction targets are lacking or represent only long-term targets; based on historical enforcement discretion, there is generally poor environmental performance in South African industry; the monitoring and reporting structures are presently absent which hinders monitoring of success of interventions; and there is generally a lack of community trust in industry. The proposed Chemical and Allied Industry Association (CAIA) EMCA which was to be the blue print for EMCAs in the country is also reviewed to determine if this proposed agreement would provide the basis for sound negotiation and tangible environmentalimprovements. The review indicates that there are several shortcomings in the proposed agreement that would need to be improved should the objectives of improved environmental performance be achieved. In general, the findings of the study indicate that, should the necessary criteria be in place, EMCAs can contribute to achieving performance in excess of the required compliance, and EMCAs have been and are especially useful to achieve international reduction targets. However, the introduction of these agreements into South Africa at this crucial and delicate time in the development and implementation of environmental protection measures could distract and derail the current environmental focus and could be potentially damaging. As the environmental management framework matures in the country and the necessary criteria are realised, it is almost certain that the success that this policy approach has had internationally can be echoed in South Africa, and the country could benefit from the many advantages that the more voluntary approach to environmental management can provide. The current path of policy reform and systems development should however continue without distraction in the short term.