Abstract
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.