Compliance Audits

Compliance Audits

To ensure environmental compliance is maintained on a site and environmental legislation is adhered to, an auditor will assess a project for overall compliance during an environmental audit. The auditor will monitor and report on compliance with the commitments, recommendations, best practices, and South African Standards of environmental management. The result is an audit report that can be submitted to the Client and in turn, the Competent Authority, detailing the compliance status of the project and pertinent recommendations and actions on improving overall compliance.
To undertake certain activities, such as vegetation clearing, expansion of roads, set-up of diesel tanks, etc. approval must first be obtained as stipulated in the National Environmental Management Act. The approval obtained is referred to as an Environmental Authorisation (EA) or a Record of Decision (ROD). This EA or ROD can be received from a competent authority in terms of the Environmental Impact Assessment (EIA) regulations. The EA or ROD approval document sets specific legal management measures for the activity in order to prevent environmental harm. These measures, or conditions, must be adhered to when undertaking the activity. The competent authority requires the holder of an EA or ROD to ensure that these conditions are adhered to. An environmental auditor, as an independent party, can monitor and report on the compliance of the activity undertaken in an objective manner. All conditions and requirements as set in the EA or ROD are reviewed by the auditor and a report is compiled of the status of complying with the requirements as set out therein. The result of this audit process is an audit report that can be submitted to the Component Authority, detailing compliance to the obligations as set for the project. Aspects for improvement are recommended in the audit report to guide the actions of the holder of the EA or ROD towards improving overall compliance with the requirements set for the activity.
Environmental Audits are undertaken in accordance with the requirements of the EMPr and EA as well as set out in Regulation 34(1)-(7) and Appendix 7 of GNR 982 of the National Environmental Management Act (Act 107 of 1998) (NEMA) (as amended) can be referred to as Regulation 34 Audits.

The Environmental Impact Assessment Regulations of 2014 (as amended in 2017) require the assessment of an approved EMPr for its ability to prevent, manage and mitigate environmental impacts caused by the activities undertaken. An independent external Environmental Audit undertaken will identify the level of compliance with the EMPr requirements through a site assessment, interviews with management and employees, and reviewing legal and other documentation.

The audit process evaluates current environmental management and mitigation measures implemented and determines whether these are aligned with the requirements and commitments within the EMPr and relevant environmental legislation whilst assessing whether the prescribed measures in the EMPr are indeed applicable and adequate.
The result of the audit process is the provision of verifiable findings in a structured and systematic manner on the level of performance against and compliance with the provisions of the EMPr; and the ability of the measures contained in the EMPr to sufficiently provide for the avoidance, management, and mitigation of environmental impacts associated with the activity undertaken.
Water Use Licences (WUL) are required for certain water usage activities such as abstracting water from a borehole and storing it in a reservoir. The holder of a WUL is required to conduct internal and external environmental audits to determine compliance with the requirements of the Licence on a yearly basis. The auditor will monitor and report on compliance with the commitments stated in the approved WUL. The result is an audit report that can be submitted to the Client and in turn, the Competent Authority, detailing the compliance status of the project and pertinent recommendations and actions on improving overall compliance. The audit can often take the form of an internal audit, to assist in finding fatal flaws or areas of concern or be an external audit for verification by an independent auditor.
Environmental Management Plans (EMP) are environmental tools that ensure that avoidable impacts of construction, operation, and decommissioning of projects are prevented. To ensure that the management plan is implemented and the conditions are followed, an auditor will assess a project for compliance during an environmental audit. The auditor will monitor and report on compliance with the commitments stated in the approved Environmental Management Plan. The result is an environmental audit report that can be submitted to the Client and in turn, the Competent Authority, detailing the compliance status of the project and pertinent recommendations and actions on improving overall compliance.
A Waste Management Licence (WML) is required for certain waste storage, handling, and processing activities in terms of the National Environmental Management: Waste Act, 2008 (Act No.59 of 2008). These licences provide a set of management conditions for the specific waste activity conducted. To ensure that the condition of the WML is implemented and the conditions are followed, an auditor will assess a project for compliance. The auditor will monitor and report on compliance with the commitments stated in the approved WML. The result is an audit report that can be submitted to the Client and in turn, the Competent Authority, detailing the compliance status of the project and pertinent recommendations and actions on improving overall compliance.
The National Environmental Management: Air Quality Act, 39 of 2004 (NEM: AQA) is a law aimed at managing air quality in South Africa. It is concerned with regulating both point source emissions and ambient air quality. One of the tools it provides for controlling air pollution is the atmospheric emission licence (AEL) which must be held by anyone who carries out a process listed under the Act (a listed activity). Activities, where emissions can occur, include kilns, stacks, and processes from factories to mining and processing. The AEL provides a set of management conditions and these must be audited for compliance on a regular basis. An auditor will monitor and report on compliance with the AEL conditions. The result is an audit report that can be submitted to the Client and in turn, the Competent Authority, detailing the compliance status of the project and pertinent recommendations and actions on improving overall compliance.
Government Notice 704 of 04 June 1999 is referred to as the Regulations on the Use of Water for Mining and related activities aimed at the protection of water resources (GNR 704). It provides specific conditions and requirements for managing water in mining and related activities in order to prevent harm to water resources. In order to ensure that GNR 704 conditions are adhered to, an auditor will monitor and report on compliance with the specific conditions. The result is an audit report that can be submitted to the Client and in turn, the Competent Authority, detailing the compliance status of the project and pertinent recommendations and actions on improving overall compliance in terms of GNR 704.
National Norms and Standards

Several regulations have been promulgated relating to norms and standards for undertaking a specific activity as defined by said national Norms and Standards. The purpose of these Norms and Standards is to provide a uniform approach to handling the specific activity, to ensure that best practice is in place in the management of the activity, and to provide the minimum standards for the design and operations of these activities.

These Norms and Standards set out specific auditing requirements worded in a similar fashion as below:

Internal Audits must be conducted, and the report must be compiled by the relevant auditor to report the findings of the audits, which must be made available to the external auditor. An independent external audit must be appointed to audit the facility and must compile an audit report documenting the findings of the audit which must be submitted to the relevant authority.

To ensure environmental compliance is maintained on a site and environmental legislation is adhered to, an auditor will assess a project for overall compliance during an environmental audit. The auditor will monitor and report on compliance with the commitments, recommendations, best practices, and South African Standards of environmental management. The result is an audit report that can be submitted to the Client and in turn, the Competent Authority, detailing the compliance status of the project and pertinent recommendations and actions on improving overall compliance.
South Africa has a comprehensive list of Environmental legislative documents that set a large number of requirements. To ensure that environmental compliance is maintained on a site and that environmental legislation is adhered to, an auditor will assess a project for overall compliance with the full force and effect of South African Environmental Law in an environmental audit. The auditor will monitor and report on compliance with the requirements and commitments in applicable environmental law. The result is an audit report that can be submitted to the Client and in turn, the Competent Authority, detailing the compliance status of the project and pertinent recommendations and actions on improving overall legal compliance.
An environmental due diligence exercise or environmental audit is carried out to identify the extent and nature of environmental risk involved when companies or properties are bought and/or sold. Environmental due diligence audits have developed in response to the number of situations where chronic contamination of factory sites and land became a significant factor in determining sales prices, due to the enormous costs of clean-up. The issues that tend to arise include illegal or unauthorised toxic or hazardous waste dumps (often consisting of waste chemicals, off-specification products, and hazardous wastes that were deemed too costly to be disposed of by professional waste contractors), workers suffering from occupational illnesses due to poor or non-existent preventative programs or equipment, unlicensed or unregulated boilers, chimney stacks, waste treatment works, effluent disposal methods or other methods and procedures that impact negatively on the health of the neighbors or the surrounding environment. Most modern sale agreements that involve land or ‘environmentally unfriendly’ processes now include the requirement for environmental due diligence audits as well as clauses that protect the buyer from clean-up costs of residual contamination if reported within 12 – 24 months of purchase.

For mining, due diligence is performed to establish the environmental risk involved when mining companies are bought and/or sold. Environmental due diligence audits on mining companies are performed to establish the level of compliance with applicable environmental legislation and compliance with the licenses granted to the mining company.
Environmental authorisations for projects are granted by the relevant authority based on certain conditions being met prior to and during the construction of a specific project. One of these conditions required is the client’s responsibility to appoint an experienced environmental control officer (ECO), to monitor and report on compliance to the commitments stated in the approved Environmental Management Plan (EMP) and the environmental authorisation itself. As costs associated with ECO’s are often high, an external ECO contractor can be acquired to conduct the required works, at a minimal cost. The contracted ECO will conduct site visits, monitor compliance with the EMP, ensure that environmental training is conducted and provide overall environmental support to a project. The ECO will also conduct audits to ensure that EMP conditions are adhered to. The result is audit reports (weekly, monthly or quarterly) that can be submitted to the Client and in turn, the Competent Authority, detailing the compliance status of the project and pertinent recommendations and actions on improving overall compliance.
ENVASS has a team of certified Green Star Accredited Professionals to help you with your Green Star Rating of your development! We specialise in office; residential and multi-purpose Green Star Ratings and we are a registered member of the Green Building Council of South Africa. Green buildings are sustainable buildings, energy and resource efficient, which are designed, constructed and operated in an environmentally responsible manner.

Why certify your development?
  • Lower operating costs
  • Higher returns on assets
  • Increased property values
  • Enhanced marketability
  • Reduced liability and risk
  • Retaining government and other major tenants
  • Responsible investing
  • Increased productivity
  • Combat Climate Change
According to the GBCSA, in practice, Green building measures include:
  • Careful building design to reduce heat loads, maximising natural light and promote the circulation of fresh air
  • Energy-efficient air conditioning and lighting
  • Using environmentally friendly, non-toxic materials
  • Reducing waste and using recycled materials
  • Water-efficient plumbing fittings and water harvesting
  • Using renewable energy sources.
  • Sensitivity to the impact of the development on the environment
GBCSA has developed various Green Star SA Rating tools which include various environmental impact categories. The categories are divided into credits which are assessed and a category score is obtained. An environmental weighting factor is applied to each category score which in the end gives you a rating for your building. Four to Six Star Rated Buildings are eligible for certification. 4 Star = Best Practice, 5 Star = SA Excellence, 6 Star = World Leadership.

For more information visit: https://gbcsa.org.za/
For your Green Star Certification contact: info@envass.co.za
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