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SAHA - FOIP – CER-2013-TMM-0003 – Request tracker

Copies of all reports submitted by Engen in terms of section 30 of the National Environmental Management Act, 1998 (NEMA)

Reference number: CER-2013-TMM-0003
Submitting organisation: Centre for Environmental Rights
Status: transferred
Date submitted: May 07, 2013
Extension of time submitted: June 19, 2013
Stage(s): Initial request
Transferred To: CER-2014-KEA-0002
Request description:

Copies of all reports submitted by Engen in terms of section 30 of the National Environmental Management Act, 1998 (NEMA) and records regarding all other steps taken by Engen that relate to the leakage of petrol from Engen Petroleum’s facility at the Cutler Complex on or about 27 September 2012 into the Durban Harbour. In particular:
1. All of the s30(3) NEMA reports by Engen, i.e. to:
a) the Director-General of Environmental Affairs;
b) the South African Police Services and the relevant fire prevention service;
c) the relevant provincial head of department or municipality; and
d) all persons whose health may be affected by the incident, and evidence of when such reports were made;
2. Records regarding all the steps taken by Engen in terms of s30(4) of NEMA, including evidence of when such steps were taken and the manner in which they were taken. This includes steps:
a) to contain and minimise the effects of the incident, including its effects on the environment and any risks posed by the incident to the health, safety and property of persons;
b) undertake clean-up procedures;
c) remedy the effects of the incident;
d) assess the immediate and long-term effects of the incident on the environment and public health;
3. All s30(5) NEMA reports by Engen, i.e. to:
a) the Director-General;
b) the provincial head of department; and
c) eThekwini municipality,
and evidence of which such reports were made;
4. records of all directives from the Director-General, the provincial head of department, and eThekwini Municipality to Engen in terms of s30(6) of NEMA;
5. All directives from the Director-General, the provincial head of department, and eThekwini Municipality to Engen in terms of s30(7) of NEMA;
6. Records regarding all the measures taken by the Director-General, the provincial head of department, and eThekwini Municipality in terms of s30(8) of NEMA. This includes measures to:
a) to contain and minimise the effects of the incident;
b) undertake clean-up procedures; and
c) remedy the effects of the incident;
7. Records regarding all the steps taken by the Director-General, the provincial head of department and eThekwini Municipality in terms of s30(9) if NEMA to claim reimbursement of all reasonable costs incurred by it in terms of s30(8) from Engen; and
8. All reports by the Director-General, the provincial head of department and eThekwini Municipality in terms of s30(10) of NEMA, i.e to:
a) the public;
b) the Director-General;
c) the South African Police Services and the relevant fire prevention service;
d) the relevant provincial head of department or municipality; and
e) all persons who may be affected by the incident.

Initial request communication

Communication sent

Submission of PAIA request CER-2013-TMM-0003
Sent on: May, 07 2013

Response received

Response date: 2013-06-19
Response nature: Pending
Received within statutory period: Yes

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