The Draft National Environment Policy (NEP)

This is a draft National Environment Policy and although many of the policy statements are derived from the Swaziland Environmental Action Plan (SEAP), this is a working document and not a formal policy document. As such it should not be interpreted as the policy of the Swaziland Environment Authority, the Ministry of Tourism, Environment and Communications, or of the Government of Swaziland until it has been finally agreed and adopted by Cabinet as a national policy.

5. POLICY INSTRUMENTS

A wide range of methods may be used to implement environmental policies. This section outlines the main tools or methods that the Government intends to employ to implement the NFP.

5.1 Education and communication

Education and the communication of information will be the main policy instrument used to give effect to Principle 1 on environmental responsibility. The overall goal for environmental education is to develop a population that is environmentally conscious and motivated to manage and develop its own environment and natural resources sustainably and to live in harmony with the environment.

The key to the prevention of environmental pollution and the protection and conservation of Swaziland's natural resources lies in the commitment and participation of the people. As individuals and groups, people must make environmentally sound decisions and adopt environmentally sound practices in their daily lives. People must be able to uphold their environmental rights and meet their responsibility. It is widely recognised that a population that understands the environment and the influences of human behaviour on that environment and has the skills to rehabilitate, protect and conserve that environment, will be more likely to adopt environmentally sound attitudes and practices.

Environmental education and awareness can play a key role in changing individual and group attitudes and behaviour and is therefore an important tool for promoting sustainable management.

5.2 Legislation

Legislation has historically been one of the main ways of implementing public policy, and remains so today. The Government is taking steps to pass several new laws to strengthen the legal framework for environmental protection, pollution control and natural resource management.

These include replacing the Swaziland Environment Authority Act with a new Environment Management Act which establishes a comprehensive framework for environmental management; revising the Environmental Audit, Assessment and Review Regulations; and introducing regulations governing air pollution, water pollution, and waste management. A full review of all legislation relating to biological diversity will also be undertaken with a view to preparing consolidated legislation on protected areas and the conservation of biological diversity.

New legislation will be used to implement the NEP in several ways, including:

establishing environmental standards and rules;
creating rights and incentives; and
strengthening existing environmental impact assessment procedures and introducing new procedures to ensure that environmental matters are considered when formulating new public plans and policies, and authorising development projects.

Environmental Standards and Rules

The proposed legislation will establish standards and prohibit certain behaviour in relation to a range of matters including waste disposal, and pollution of air and water. In addition, the Government will continue with existing programmes to increase the capacity of the SEA and other agencies to effectively implement and enforce environmental laws.

Creating Rights and Incentives

The Government proposes to give effect to the environmental rights referred to in Principle 3 by recommending the inclusion of environmental rights in the new Constitution and by enacting legislation that will:

facilitate the institution by individuals and environmental organisations of court proceedings to protect the environment; and
enable those who unlawfully damage the environment to he held legally liable for repairing the damage and for compensating the victims of pollution and environmental damage.

Legislation will also be used to introduce environmental fees and taxes (discussed in section 5.3 below).

Environmental Assessment Procedures

The introduction of the Environmental Audit, Assessment and Review Regulations has proved to be an effective mechanism for ensuring that proposed projects are screened to determine their likely impact on the environment, and where necessary, that appropriate mitigation measures are taken. The implementation and enforcement of these regulations has been facilitated by the fact that project proponents have an incentive to conduct an environmental impact assessment (EIA) because it is a precondition for obtaining an Environmental Compliance Certificate (ECC) without which the project cannot proceed.

The Government will further strengthen the legal requirements and administrative capacity for assessing environmental impact assessment reports, monitoring compliance with approved comprehensive mitigation plans and auditing existing undertakings.

In addition, the new Environment Management Act will require all public policies, plans and programmes which may have a significant impact on the environment or on the sustainable management of natural resources, to be subjected to a strategic environmental assessment. The purpose of the assessment is to identify appropriate modifications that can be made to avoid or reduce any potentially negative environmental impacts.

5.3. Economic Instruments

Economic instruments have a valuable role to play in environmental management. They should be used in conjunction with other policy instruments such as legislation and environmental education. Economic instrument are an important and cost-effective tool in protecting and enhancing the productive capacity of the environment, and taking into account the costs of resource depletion.

Pollution Control

The two underlying tenets of economic instruments in pollution control are firstly that the environment provides a valuable and currently free service to the economy as a waste sink; and secondly, that the more environmental users pollute the more they should pay. The essence of this is to provide incentives for minimising waste and encouraging the adoption of best practices. Unacceptable levels of pollution will not be permitted and producers shown to be exceeding standards will be subject to legal action.

Environmental charges will be introduced to meet the costs of pollution and hence make users pay the full costs associated with their production activities. Revenues will be paid into a National Environment Fund (NEF) and will be used to pay for environmental remediation, particularly in areas where there is a threat to the livelihoods and well-being of communities.

Development Control

Many natural resources including land, indigenous forestry, and water are free or-under-priced which leads to over use and degradation or depletion. The costs and benefits of resource use should be internalised through the use of clearly defined property rights, providing 'green' subsidies to encourage environmentally beneficial behaviour and 'brown' taxes and charges to increase the cost of activities which pollute or otherwise degrade the environment. In this way resource users in making decisions take the real costs and benefits of resource use into account. Full cost pricing of natural resource use will therefore encourage sustainable, equitable and efficient use of the nation's natural capital.

Perverse subsidies that encourage unsustainable resource use will be identified and phased out. Policy-makers will be encouraged to take environmental considerations into account in their development decisions. Sustainability indicators will be used to provide measures of progress towards sustainable development, the core vision of the 25-year National Development Strategy.

5.4. Public Sector Investment

In some cases the most effective way of achieving an environmental objective may be by public investment. For example, building a sewage treatment plant will be a far more effective way of dealing with water pollution from households than passing a law prohibiting the disposal of sewage into a river. It is anticipated that there will be major long-term environmental benefits from public investment projects such as the Swaziland Urban Development Project.