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An assessment of local government capacity in KwaZulu-Natal to implement the National Environmental Management : Air Quality Act.

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The radical shift in approach to the Air Quality Management (LQM) strategy recently introduced by the promulgation of the National Environmental Management: Air Quality (AQA) Act provides for a number of innovative measures in the control of air pollution in South Africa. However, the related policy and management tools, from the appointment of Air Quality Officer (AQO) and Air Quality Management Plan (LQMP) development, were less emphasized by municipal respondents.

Background

Umhlatuze is highly industrialized with a large number of heavy industries in the municipality and includes Richards Bay and Empangeni. Ethekwini Municipality was not included in the study as this metropolitan area, like most other large metropolitan areas in South Africa, is well equipped to implement AQA.

Aim and Objectives

Sustain ability and Air Pollution Control

In addition, membership of the European Community (now the EU) and the subsequent adoption of an air quality management strategy for its members meant a radical change in air pollution control in the UK (Elsom, 1992). Economic efficiency coupled with efficient allocation of resources and market allocation for the distribution capacity of the atmosphere favors this approach (de Nevers et al., 1977; Lee, 1999).

Non-degradation

  • Modelling
  • Air Quality Management Plan
  • National Environmental Management: Air Quality Act

Air quality management system showing assessment (orange), analysis (blue) and implementation (purple) or action of activities (after Scorgie, 2005). Exceedances of standards can be used as an indicator of the effectiveness of current approaches to AQM and air quality modification in an area (UNEP/WHO, 1996). Many professions, agencies, and organizations will influence the type of measures that will be included in the AQMP, as well as input from the general public (Beattie et al., 2002).

A baseline assessment, or understanding of the impact scenario, is needed to create a platform for currently experienced air quality (Shah et al., 1997). The South African Air Quality Information System (SAAQIS) is being built to improve public access to air quality information, such as monitoring data, scientific reports and legislative documents (DEAT, 2006). The appointment of Air Quality Officers (AQOs) and the establishment of AQMPs are requirements of the AQA and provide further capacity for the coordination of air quality activities (Republic of South Africa, 2005).

An advisory committee, the National Air Quality Advisory Committee (NAQAC), has been introduced and integrated into the National Environmental Advisory Forum, which will serve to advise the Minister on the implementation of AQA (Republic of South Africa, 2005). Monitoring of air quality as well as monitoring of the municipalities' administrative performance is a responsibility of the provincial authorities.

Introduction

Integrated Development Plan Analysis

EDPs prepared by district municipalities in 2002 formed the bulk of the analysis, with the 2005/6 review and EDPs prepared by local constituent municipalities also consulted.

Interview Methodology

Some shortcomings were evident in the interview methodology; however, they were not considered to compromise the overall results. Regarding the sample of interviewees, local municipalities with identified consideration of air pollution control, as a result of air pollution issues in the municipality, were sampled. Local municipalities in the district that indicated that they had no personnel or resources dedicated to air pollution control during preliminary consultations were not sampled.

An additional shortcoming was evident in the interview methodology, where the responsibilities and implementation of AQA were not clearly interpreted by the interviewees resulting in some contradictions in the results for these questions; however, the conflict did not hinder the analysis. This resulted in reducing the total number of responses from 18 to 16 for some of the questions. The entries in the tables have been elaborated on the basis of the responses and a complete presentation of the implementation, actual and planned, by the municipalities of the different areas of AQM and AQA.

Development of Framework for Implementation of AQA

Air pollution sources and problems identified by the municipality in the IDPs are an initial step in establishing recognized problems experienced in the municipality and plans to address them. Air quality issues were generally incorporated into the environmental analysis section of IDPs, with Umhlatuze emphasizing air pollution issues and Uthukela also placing some emphasis on air pollution in the district. Hibiscus Coast Local Council identified the need to maintain air quality in Margate, a prime tourist destination in the council, and the need to develop wider environmental management tools.

The analysis also identified planned activities in the IDP that could affect air quality at a later stage. Several economic development activities were noted that had the potential to change air quality in the districts, partly due to the development focus of the LOPs. In addition, consideration of potential air quality impacts from these developments was lacking in the LOPs.

Capacity of Municipalities

AQA Interpretation

  • Familiarity with Requirements of AQA
  • Progress towards Implementation

Respondents in Uthungulu district raised the issue most often because there is a conflict in the performance of office between the district municipality of Uthungulu and the local municipality of Umhlatuze. The Hibiscus Coast Local Municipality and Uthukela District Municipality are developing implementation plans to implement the AQA through AQM activities in the municipality. The Umtshezi Local Municipality is awaiting guidance from the provincial government on the development of the AQMP.

Umhlatuze Local Municipality in Uthungulu District is currently implementing AQA and using AQM tools, with no input from the District Municipality. The partnership between Umhlatuze Local Municipality and the RBCAA also involves industries in Richards Bay and local DAEA representatives. In light of the AQA, the relationship between the RBCAA and local authorities may require further definition to avoid conflicts with the AQA.

Management Capabilities

  • Communication
  • Planning

DEAT, on air quality issues; However, 13% (2 of 15) understood that the provincial authorities were communicating on their behalf. In communicating with the public about air quality issues, over two-thirds of the sample (67% or 12 out of 18) used complaints as the primary means of communication. All municipalities used media to inform and include the public on air quality issues, with the exception of Uthungulu District Municipality as they do not perform an AQM function.

A large proportion of the sample (69% or 11 out of 16) indicated the use of planning measures to address air quality problems, with municipalities using a range of measures. Umhlatuze Local Municipality had conducted an air quality study that identified buffer areas where development guidelines are proposed, in addition to urban planning. Sixty-three percent of respondents (10 out of 16) indicated that an assessment tool was used to determine the success of implemented measures in terms of air quality improvements, including 38%.

Summary

Funding AQM Implementation

An AQM strategy is considered resource intensive, requiring inputs into tools to determine air condition and implement controls to improve air quality. A deeper analysis of the situation by the authorities may be necessary to determine the level of responsibilities now given to local government and the nature of the funding sources available to municipalities to implement them. Related to funding and staffing needs is the compounding factor of the limited pool of staff qualified to address AQM.

The regulatory authorities regularly review the data to determine the issuer's performance and make regulatory decisions accordingly. Therefore, after allocating financing, it is also an important part of ensuring the viability of the business. The illustration details the statements previously made; However, a balanced approach to pollution control is needed in view of the developments of the AQA, where the absence of monitored incidents does not indicate compliance with the standards.

The Public as Stakeholders

The benefits of greater public involvement in AQM go beyond filling a gap for municipalities with a lack of capacity. Hibiscus Coast intends to use the monitoring data as a general planning tool and particularly in the development of the AQMP to identify problem areas and determine strategies to address them. Umtshezi has not initiated formal decision-making and planning processes, although the monitored data will be used to examine the area's air quality in detail, identify pollution problems and control solutions.

The air quality study conducted in Urnhlatuze made extensive use of monitored and modeled data in defining buffer zones for development (Liebenberg-Enslin and Jordan, 2005). The existing level of awareness signals that municipalities understand the importance of obtaining a baseline characterization of the air quality in the municipality using current measurements before beginning to plan a control strategy. Independent assessment of monitoring facilities, such as those provided through SANAS certification, allows confidence in the quality of the data produced by both users and stakeholders, such as the public and industry, if issues of measurement reliability arise.

Focus on Industrial Activities

Since the local municipality is not fully responsible for the monitoring and other activities of the AQM in the municipality, this may conflict with the terms of the AQA and action may be needed to redefine the relationship. In developing a framework to guide the implementation of AQA from the local government level, practical considerations have emerged from the analysis of data and various theoretical concepts. A framework diagram has been prepared to guide municipalities through the implementation of AKK at the local government level and is presented in Figure 6.3.

A job description, complementary to the AQA, is needed to outline the deliverables of the AQO in the municipality and for performance assessment in the future. In the interim period of the AQA implementation, priority area declaration as an AQM activity has yet to be fully implemented, with a single pilot priority area announced by DEAT. Cultivating skills and resource capacity can relieve some pressure on the organization of the municipality.

Analysis of AQA Implementation

Umhlatuze o Monitoring network o Licensing o Transparency in decision-making, Local o Emission inventory o AQMP inclusion of more stakeholders Municipality o AQO o Enforcement 0 Funding for staff and equipment. However, there is potential for successful implementation of the AQA as personnel and organizational structures exist to initiate development. A summary illustration of the improvements to structural arrangements needed for AQM is given in Figure 7.1, which shows the need for improved communication and consultation within municipalities, between municipal levels and levels of government.

There was a need to consider the IDP mechanism and include the preparation of the AQMP in the process and involve the Planning Department. Acknowledging the public as stakeholders in AQM and enabling their participation is an important outcome of the study, which shows the need to emphasize the grievance mechanism and continue efforts to maintain an informed civil society. A framework to guide the implementation of AQA by local authorities was the result of a study that summarizes important AQM theoretical concepts and performance findings and is based on the AQA requirements for local government.

Looking Forward

Air quality management: evolution of policy and practice in Britain as illustrated by the experience of English local government. Implementing an Air Quality Management Plan - A case study of the South Durban Basin Multi-Point Plan. Czech Act on the Protection of Air Quality in the context of the new Clean Air Act No.

Reviewing a decade of local air quality management experience in the UK: Some lessons for regulation and practice. Introducing local air quality management in the United Kingdom: a review and theoretical framework. Designation of air quality management areas (AQMAS) in the UK: implications for the delivery of UK air quality targets.

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