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DEA: Edna Molewa: Address by Minister of Environmental Affairs, at the Chemicals and Land Remediation Summit, Pretoria (06/10/2015)

Edna Molewa
Photo by Duane Daws
Edna Molewa

6th October 2015

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Distinguished delegates,
Ladies and gentlemen,

It is a pleasure to address this crucial and timely summit – at a time when South Africa and the entire global community rally around the post-2015 Development Agenda.

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The adoption of the SDG’s represents the first time global leaders have pledged common action across such a broad and universal policy agenda – which is guided by the 17 new global Sustainable Development Goals (SDG’s).

They include, among others, the promotion of sustainable agriculture and industrialization, protecting, restoring and promoting sustainable use of terrestrial ecosystems, and halting and reversing land degradation and biodiversity loss.

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The environmentally sound management of chemicals has consistently featured throughout the SDG formulation process, as part of Goal 12: Ensuring Sustainable Consumption and Production Patterns.

Sustainable consumption and production patterns in the cause of sustainable development isn’t just a defining feature of theSDG’s and the Millennium Development Goals (MDG’s) that preceded them: it is a principle advanced by our Constitution and our National Development Plan (NDP).

Ladies and Gentlemen,

We all know that chemicals are inextricably linked to the development and evolution of modern societies and economies. They are present in almost every industry, from health, to transportation, to agriculture, to construction, to consumer products.

At the same time, we also all know that the negative consequences of unsound chemicals management on the environment are vast and far-reaching.

This includes land contamination and degradation, crop contamination, and poisons reaching the water table because of badly managed chemicals supply chains and waste streams.

Then there is the cost to human health. The World Health Organization (WHO) estimates that chemical-induced disease contributes up to 25% of the Global Burden of Disease.

Whether it is the cost to the environment, or to human health, this has significant and detrimental financial consequences for any country – because unfortunately those most vulnerable are the poor, the young, and those who live in rural areas with low levels of development.

To put this into perspective, consider the widely cited 2011 US and Canada study into the experience and benefits of phasing out lead in gasoline.

This study confirmed that the phase-out of leaded petrol contributed USD 2.4 trillion or 4% of global GDP, to the global economy. The study’s authors noted that the health and associated financial savings could increase as the connections between lead in fuel and certain health problems, became clearer.

This summit is taking place at a time when chemicals production and consumption is increasing around the world.

The UN estimates that by 2020, 31% of global chemicals on the market will have been produced in developing countries. Developing countries also account for 33% of global chemical consumption.

South Africa's chemicals sector is the largest in Africa, and is complex and diverse, ranging from fuel and plastics fabrication to pharmaceuticals. The sector contributes some 2.7 % to the Gross Domestic Product (GDP), and is a key component of the country's industrial base.

Among the implications for this relative “shift” of production and use from the developed to developing countries – is the need to vastly improve chemicals management practices to ensure that unsound management does not threaten sustainable development.

South Africa’s Bill of Rights guarantees the right of all South Africans to an environment that is not harmful to their health and wellbeing. This is the “gold standard” against which we measure all existing environmental protection legislation – such as the National Environmental Management Act (NEMA) of 1998 and the National Environmental Management: Waste Act, 2008.

The complex nature of chemicals management has resulted in legislation that distinguishes between three main types of chemicals; namely industrial and consumer chemicals, agrochemicals and pharmaceuticals.

The responsibility of their management is spread across a number of government departments.

Furthermore we are Party to various Multilateral Environmental Agreements (MEAs) on chemicals management and safety.

We acknowledge however that challenges remain.

The Department had identified policy and legislative gaps that need urgent addressing.

Firstly, the MEA’s have not yet been domesticated. Secondly, the location of chemicals across several government departments has resulted in fragmentation.

Overlapping mandates are another such gap. The national coordinating mechanism, known as the Multi-stakeholder Committee on Chemicals Management (MCCM) established by the Department of Environmental Affairs, does not yet have a legal mandate. As a result, other relevant government departments do not implement decisions taken at times.

Another is that Product Stewardship and Extended Producer Responsibility is not being applied uniformly.

For instance, the illegal possession and trading in hazardous chemicals and waste – across borders, inside South Africa, and on the streets, is of concern.

Some companies within the industrial and agro-chemicals industry are selling hazardous chemicals on the street in un-decanted packaging, thereby compromising public safety.

Then there are those who import huge amounts of chemicals resulting in stockpiling. When these chemicals become obsolete they then expect government to clean up the mess.

The very real capacity constraints facing SMME’s with regards to safe management of chemicals from ‘cradle-to-grave’ is another challenge we continue to face.

We further note as government that despite its significant contribution to the country’s economic development – job creation, support for SMME’s and the implementation of BBBEE is taking place largely upstream and not downstream.

You as industry can play a significant role in contributing to more sustainable job creation by empowering the SMME’s to graduate into bigger and more sustainable companies in their own right.

This is a challenge I pose to the industry today - and I hope that we can have measurable positive results when we meet again.

Another problem we face is that there is currently no legal authority ensuring that rigorous risk assessment of industrial chemicals is done as a prerequisite to chemicals registration before they are introduced into the South African market.

For example, in reviewing chemicals imported through the Prior Informed Procedure (PIC) of the Rotterdam Convention over the past 4 years, our officials have discovered that South Africa is effectively being used as a dumping site for hazardous chemicals banned in the very same countries that manufacture and export them, due to serious environmental and human health research proven risks!

The absence of a regulatory tool for managing the environmental impacts of chemicals throughout their life cycle needs urgent addressing: otherwise we will find ourselves needing to remediate more and more contaminated land in the not too distant future.

Our approach to the remediation of contaminated land is based on the polluter pays principle.

The National Environmental Management: Waste Act of 2008 which came into effect on 1 July 2009, provides a legal mechanism for remediation activities to be instigated and controlled.

Of particular importance is that Part 8 of the Waste Act applies retrospectively.

It seeks to establish a register of investigation areas and contaminated land and ensure that such land is remediated to acceptable remediation standards.

Contamination in South Africa, like in many parts of the world; is mainly as a result of anthropogenic sources.

As a developing country we have various industries that account for most of contamination: including the mining sector, agriculture, petroleum and steel industries.

Remediation technologies and methods have to a large extent been excavation and disposal methods - although to some degree, new technologies like phyto-remediation, vacuum-enhanced recovery, biological and other methods have since been introduced.

The new legislative tools introduced by this government ensure that we partner with industry in a form of co-regulation - whereby regulatory authorities issue remediation orders for areas declared as contaminated. The aim which will be to remediate the sites or monitor them to contain the contaminants.

I would like to thank the Department of Water and Sanitation and the provincial departments of Environment Affairs for their input when assessing Site Assessment Reports.

We are currently finalizing an online management of applications system that will ensure a swift issuance of Remediation Order.

Ladies and Gentlemen,

One should always be mindful to give credit where credit is due.

I am pleased to note that there are a number of responsible sector players that have not only put measures in place to prevent contamination -  but that have also voluntarity invested in the remediation of contaminated land.

I encourage all of you here to follow their example: as it is in everyone’s interest and at the same time make sound, sustainable business sense.

We as government recently promulgated Part 8 of the Waste Act and the Norms and Standards for Remediation of Contaminated Land and Soil Quality.

We have already received a total of 579 notifications for investigation areas - mostly from petroleum industries.

It is extremely encouraging to see that these industries are leading in terms of notifying my department of investigation areas, compilation of Site Assessment Reports and actual remediation of contaminated sites

On the matter of asbestos remediation, in2008 my Department promulgated regulations for the prohibition of the use, manufacturing, import and export of asbestos and asbestos containing materials.

I am pleased to inform you that government has approved the implementation of Secondary Asbestos Remediation Plan.

We have also established the National Inter-Departmental Task Team to oversee the implementation of the SARP.

Furthermore, we have initiated high-level, interdepartmental and bilateral engagements: with an inter-ministerial committee established to oversee and fast track the implementation of the SARP.

Our actions on the ground are slowly but surely resulting in progress. We have closed the asbestos-contaminated Khiba School in the Northern Cape – with the learners moved to the nearby Gamopedi School.

Working with the Departments of Basic Education and Public Works we paved Gamopedi School and constructed mobile classrooms to accommodate the additional learners. A new site for the Khiba School is being identified.

Also in Limpopo province, the construction of asbestos free Traditional (Tribal) Council offices in Mafefe is underway.

On the matter of mercury contamination we are similarly working on a number of remediation projects.

Ladies and Gentlemen,

During this summit you will be looking at the ways in which you as industry role-players can harness existing legal and policy instruments at national, regional and global level to better position South Africa to reap the benefits of the global growth in the chemicals sector.

At the same time you will be looking at new ways to ensure that chemicals are managed in ways that minimize adverse impacts on the environment and human health.

In this, it is imperative that these concrete collaborative actions translate into practical implementation on the ground.

As government we call on the chemicals sector to form new and strengthen existing partnerships with us as well as with SMME’s, and where necessary form new ones - to enable the industry to grow in a sustainable manner.

I hope you have fruitful engagements in the plenary panel discussions, breakaway commissions and in the information sessions.

I thank you.

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