CSIR COMMENTS ON NATIONAL PORTS AUTHORITY BILL (B5-2003)
The CSIR, as a national research organisation, has been involved in research and development of port related technologies for the past 25 years and has supported the National Port Authority (Portnet) as a technology partner during this time. More recently, the CSIR has focussed research on integrating environmental sustainability into policy and planning processes. This research has focussed on the integration of social, economic and biophysical environmental elements into higher levels of decision-making such as that of policy formulation and planning. The CSIR continues to be involved in the development of new technologies to ensure the development of safe, efficient and sustainable ports in South Africa. It is from this perspective that the comments on the National Ports Authority Bill are provided.
The CSIR actively participated in the public review process of National Commercial Ports Policy by providing both written and oral presentations to the Portfolio Committee on Transport. We trust that the attached comments on the National Ports Authority Bill will be of benefit.
Yours faithfully
Stuart Heather-Clark
(CSIR-Environmentek)
CSIR COMMENTS:
NATIONAL PORTS AUTHORITY BILL (B5-2003)
The need for the National Ports Authority to maintain the sustainability of the ports and their surroundings is expressed in Chapter 3 Section 11 (f). However, there is a need to explicitly define what is meant by sustainability and to carry this notion throughout the Bill. The comments below thus focus on small by significant additions that will ensure that the National Ports Authority is unequivocally responsible for the sustainability of the ports and their surroundings by involving stakeholders in port planning processes and integrating biophysical, social and economic issues in all forms of decision making with regards to future port development and operations.
Chapter 3: Section 12
It is recommended that the following be added to the Aims of the Authority as listed in Section 12:
(j) Ensure the integration of biophysical, social and economic issues in all forms of decision-making with regards to future port development and operations
Chapter 6: Section 40 – Subsection 2(a)
In light of the King II report on corporate and social responsibility and the need to report on more than just financial performance, as emphasised at the World Summit on Sustainable Development the following, the following is recommended:
Add to bullet (iv)
(iv) its audited annual financial, environmental and social statements; and
Add an additional bullet:
(vi) the quality and level of performance with regards to environmental criteria that may have been set by the Authority or required by other national legislation.
Chapter 6: Section 40 – Subsection 5
It is recommended that the following be added to the list of aspects that the operator must, within 24 hours of it occurrence, inform the Authority of:
(g) any spillage or pollution event that may have an impact on the marine, terrestrial environment or surrounding built environment.
Chapter 7: Section 46 – Subsection 1
At present, there is no established legislation that governs the port planning process (i.e. the formulation of a Port Development Framework for a specific port). This process, as with all other land use planning processes, should be open and transparent, requiring stakeholder input. It is recommended that the National Ports Authority Bill address this issue by adding the following to the Authorities responsibilities under Chapter 7 Section 46 – Subsection 1:
(d) ensure sustainable port planning processes are undertaken when formulating a Port Development Framework by including transparent stakeholder engagement and integrating social, biophysical and economic aspects.