This comes after Water and Environmental Affairs Minister Edna Molewa published on Friday, 30 September 2011, her department's intention to introduce the Bill in Parliament in October.
On 6 May, Molewa published the SAWS Amendment Bill for public comment. The bill was amended taking into consideration comments from the public.
According to the department, the primary purpose of the Bill is to amend the SAWS Act, 2001 (Act No. 8 of 2001), to extend the objectives and functions of the Weather Service to deal with ambient air quality information services, to align the Weather Service Board with the Public Finance Management Act, 1999 and to provide for the limitation of liability of the Weather Service.
"In order to meet the requirements for good air quality governance and to ensure compliance with the National Environmental Management Air Quality Act, the department together with SAWS developed the South African Air Quality Information System (SAAQIS) and the National Ambient Air Quality Monitoring Network (NAAQMN)," said the department.
The department explained that both systems are operational, but require a clear mandate and empowering clause to implement them efficiently.
"Some of the proposed amendments to the SAWS Act provide SAWS with the legal mandate to operate and maintain the SAAQIS, institutionalising the SAAQIS and the NAAQMN to the SAWS objectives, provide SAWS with the mandate to issue air pollution-related warnings if it deems necessary and provide for provisions to transfer all staff from the former Chief Directorate Weather Bureau of the Department of Environmental Affairs to SAWS."
The amendment bill also includes a section prohibiting any person from issuing a severe weather or air pollution-related warning without the necessary written permission from SAWS, supplying false or misleading information about the Weather Service, and unlawfully, intentionally or negligently commit any act or omission which detrimentally affects or is likely to affect the Weather Service.
Persons contravening this prohibition will be found guilty of an offence and liable in the case of a first conviction to a fine not exceeding R5 million or imprisonment for a period not exceeding five years, and in the case of a second or subsequent conviction, to a fine not exceeding ten million rand or imprisonment for a period not exceeding 10 years or in both instances, to both a fine and such imprisonment.
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