In light of the recent reports questioning the Environmental Management Authority’s (EMA) role in issuing Certificates of Environmental Clearance (CECs), chairman Dr Allan Bachan has put the blame on lack of proper policies and procedures. “This is not something that has just started. These issues have been allowed to fester over the years, because the EMA has not been able to adapt to the increasingly environmentally conscious population,” he said last week.
Bachan said the authority, which operates according to the Environmental Management Act, is undertaking a realignment of the statutory body that will see improvements in policies, systems and processes. This, he said, will address the deficits throughout. The changes, however, come amidst complaints from several stakeholders, including staff and fishermen, as well as allegations of political interference.
Bachan said the role of the newly installed board was “to protect the integrity of the authority as well as ensure greater transparency and balance, and that the rule of law is being upheld.” On why the chairman was signing CECs and other documents, Bachan said the act allows for this. “With regard to the signing authority of CECs and other documents, the power to do so is enshrined in the law.
The act provides for it and clearly states that this power resides with the chairman, and any delegation is at the discretion of the chairman.” Given the proposed changes and decisions by management being challenged, the board took a decision to not delegate signing authority at this time.
Examining the quality of EIAs
Meanwhile, with demands being made with respect to Environmental Impact Assessments (EIA), Bachan said the science in this case was not clear. “There are studies that go in favour for either party, and this is where the need for proper policy comes in.” Asked about the quality of EIAs currently being submitted, Bachan said the authority will be establishing an accreditation and licensing system for individual professionals, and academic and professional organisations.
This, he said, can be certified and tapped to provide support to companies to develop their applications as well as to train professionals in conducting CEC and EIA using training modules approved by the EMA. “It would allow for the standardisation of data in the various sectors that will guide policy and decision making. To support this, EMA has also initiated the ISO 14,000 accreditation system to address the lack of environmental management systems.”
Bachan declined to comment on whether previous boards had failed in its mandate, based on issues now in the public domain. He said, however, that the existing board has already identified a seven-point focus strategy that will improve the standard operating procedures, strengthen compliance and enforcement, as well as ensure that the authority is able to enforce the act effectively using targeted skills and training, effective research and improved public awareness.
“The authority suffered as a result of its lack of proper policies and procedures and it resulted in the creation of the ‘silo mentality’ and the inevitable ineffectiveness of the EMA,” Bachan said. “For instance, when this board came into effect the number of CECs approved was 1,990. “But only 13 per cent of those were being monitored, and a major focus of a regulatory authority has to be compliance and enforcement. As such, all those approved CECs must be monitored.
“Essentially, there was little focus on capacity building within the organisation. And in this regard, we have been pursuing a number of strategies.”
Bachan outlined some strategies
• Concentrating on ensuring effective and targeted coordination between the EMA and other organisations.
• In order to effectively have a presence and greater reach, the EMA is pursuing a Memorandum of Understanding (MOU) with Ministry of Local Government so that environmental officers can be appointed in each region.
• The EMA is seeking to expand its current environmental police unit from 18 to 120 officers and is currently in discussions with the Ministry of the Environment. This will allow for effective response to complaints, Bachan said.
• The EMA is reviewing its legislative base with a view to strengthening its enforcement and giving the authority “more teeth.”
Bachan said the EMA’s progress can be seen in the recent clearing of a backlog of more than 600 CECs. Noting the “positive changes” at the EMA, Bachan acknowledged that people’s natural instinct was to resist change. “While there are a lot of good and hardworking people in the EMA, we need to harness this and create a greater focus so that staff feels less frustrated.
“We are putting systems in place to help improve the EMA’s efficiency and that may be different to what previously existed, and when combined with the process of negotiating a collective bargaining agreement with a union, it’s understandable that there may be some form of miscommunication and discomfort.” However, Bachan reiterated that change was inevitable and said “the managing director and the board are committed to listening to the recommendations and issues raised by staff.”