Environment
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7HY DO WE NEED TO PROTECT THE ENVIRONMENT 7HAT IS SUSTAINABLE DEVELOPMENT 7HICH LAWS ARE RELEVANT TO THE ENVIRONMENT
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4HE ENVIRONMENTAL RIGHT 3ECTION 7HAT DO THE WORDS gHEALTH AND WELL BEINGg MEAN 7HO CAN YOU ENFORCE YOUR ENVIRONMENTAL RIGHTS AGAINST /THER RIGHTS RELEVANT TO THE ENVIRONMENT 4HE 2IGHT TO %QUALITY 4HE 2IGHT OF !CCESS TO )NFORMATION 4HE 2IGHT TO *UST !DMINISTRATIVE !CTION
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4HE ,AW OF $ELICT (OW DOES THIS HELP YOU WITH AN ENVIRONMENTAL ISSUE 4HE ,AW OF .UISANCE 4HE ,AW OF .EIGHBOURS
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&RAMEWORK ENVIRONMENTAL LAWS .ATIONAL %NVIRONMENTAL -ANAGEMENT !CT .O OF .%-! 7HAT ARE THE .%-! PRINCIPLES (OW DOES .%-! PROTECT THE ENVIRONMENT 4HE gPOLLUTER PAYSg PRINCIPLE !DMINISTRATION AND ENFORCEMENT 7HEN CAN YOU USE .%-! TO MAKE A COMPLAINT 7HAT DOES .%-! ALLOW YOU TO COMPLAIN ABOUT 7HAT ACTION CAN YOU TAKE UNDER .%-! #ONCILIATION UNDER .%-!
%NVIRONMENT #ONSERVATION !CT .O OF .ATIONAL %NIRONMENTAL -ANAGEMENT !IR 1UALITY !CT .O OF !1! (OW DOES THE !1! REGULATE AIR QUALITY 4YPES OF AIR POLLUTANTS THAT ARE REGULATED BY THE !1! .ATIONAL 7ATER !CT .O OF 3ECTORAL LAWS RELATING TO THE %NVIRONMENT
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3OLVING ENVIRONMENT DISPUTES WITHOUT GOING TO COURT 0UBLIC PARTICIPATION 4HE 0ROMOTION OF !DMINISTRATIVE *USTICE !CT %NVIRONMENTAL CAMPAIGNS 4RADE UNIONS ,OBBYING LOCAL GOVERNMENT 3OLVING ENVIRONMENTAL DISPUTES IN THE COURTS ,EGAL STANDING TO BRING A MATTER BEFORE THE COURT 4YPES OF LEGAL REMEDIES 3TATUTORY REMEDIES 4HE INTERDICT !PPEAL AND REVIEW $ELICTUAL #LAIM
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-AKING COMPLAINTS ABOUT ENVIRONMENTAL PROBLEMS !PPEALING AGAINST GOVERNMENT ENVIRONMENT DECISIONS #OMPLAINING TO THE $IRECTOR 'ENERAL !PPLYING FOR CONCILIATION OR ARBITRATION (ARM TO THE ENVIRONMENT 7ORKERS CAN REFUSE WORK THAT HARMS THE ENVIRONMENT 2EPORTING ACTIVITIES THAT HARM THE ENVIRONMENT
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"EST ACTION TO TAKE WHEN DEALING WITH ENVIRONMENTAL ISSUES 3ECTORAL LAWS ,AND USE PLANNING AND DEVELOPMENT .ATURAL RESOURCES 0OLLUTION CONTROL AND WASTE MANAGEMENT )N THE WORKPLACE
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)NTRODUCTION 0ARTS OF THIS CHAPTER HAVE BEEN SUBSTANTIALLY ADAPTED FROM %NVIRONMENTAL ,AW IN 3OUTH !FRICA BY 0ROF *AN 'LAZEWSKI #ERTAIN INFORMATION HAS ALSO BEEN TAKEN FROM %NVIRONMENTAL ,AWS OF 3OUTH !FRICA BY 0 7 ' (ENDERSON 4HE #ONSTITUTION SAYS THAT EVERYONE HAS THE RIGHT TO A SAFE AND HEALTH ENVIRONMENT 7HAT IS THE ENVIRONMENT )T IS A VERY BROAD CONCEPT AND IS GENERALLY UNDERSTOOD TO MEAN THE SURROUNDINGS WHICH WE LIVE IN WHICH INCLUDE THINGS SUCH AS LAND WATER AND ATMOSPHERE OF THE EARTH PLANTS AND ANIMALS THE RELATIONSHIPS BETWEEN THESE NATURAL RESOURCES AND ANIMALS AND THE CONDITIONS THAT INFLUENCE PEOPLES HEALTH AND WELL BEING
7(9 $/ 7% .%%$ 4/ 02/4%#4 4(% %.6)2/.-%.4 4HE QUALITY OF OUR ENVIRONMENT AFFECTS ALL OF US NO MATTER WHERE WE LIVE 7HEN PEOPLE ABUSE THE ENVIRONMENT THIS AFFECTS US ALL )F WATER IS POLLUTED IF THE AIR IS FULL OF SMOKE AND CHEMICALS IF FOOD CONTAINS POISONS PEOPLE AND PLANTS AND ANIMALS GET SICK -ANY OF THE NATURAL RESOURCES WHICH WE USE EVERY DAY SUCH AS WATER WOOD MINERALS AND FISH WILL SOON RUN OUT IF WE DO NOT LIMIT THE RATE AT WHICH WE USE THEM !LL PEOPLE ALSO HAVE A RESPONSIBILITY TO PROTECT AND USE THE ENVIRONMENT IN A WAY THAT WILL PROTECT IT FOR OURSELVES OUR CHILDREN AND OUR GRANDCHILDREN -ANY PEOPLE BELIEVE THAT HUMAN NEEDS ARE MORE IMPORTANT THAN THE ENVIRONMENT 4HEY SAY THAT OUR MAJOR AIM MUST BE CREATING ECONOMIC GROWTH AND JOBS AND THAT THE GREEN ENVIRONMENTAL AGENDA MUST TAKE SECOND PLACE 3OME PEOPLE FEEL HURT OR INSULTED WHEN OTHERS SHOW CONCERN OVER ENDANGERED SPECIES LIKE RHINOS WHEN CHILDREN DO NOT HAVE ENOUGH TO EAT "UT THE ENVIRONMENT IS REALLY THE WHOLE PLANET ON WHICH WE LIVE %VERYTHING WINDS TREES ANIMALS INSECTS PEOPLE ETC FORMS PART OF THE LIVING SYSTEM OF EARTH "ECAUSE THE EARTH HAS BEEN SO BADLY EXPLOITED AND NOT PROTECTED THIS HAS CREATED CHANGES IN WEATHER PATTERNS 4HERE ARE MORE DROUGHTS AND MORE FLOODS GOOD FARM LAND IS TURNING INTO DESERT THE TEMPERATURE IS RISING AND MOST IMPORTANT THE OZONE LAYER THAT SHOULD PROTECT US FROM THE DANGEROUS RAYS OF THE SUN HAS BEEN DAMAGED AND DOES NOT WORK AS EFFECTIVELY AS IT DID BEFORE !LL THIS IMPACTS ON HOW PEOPLE LIVE AND IT IS THE REASON WHY PEOPLE NOW TALK ABOUT THE TERM SUSTAINABLE DEVELOPMENT
7(!4 )3 3534!).!",% $%6%,/0-%.4 3USTAINABLE DEVELOPMENT REFERS TO DEVELOPMENT THAT CAN CONTINUE ON AN ONGOING BASIS BECAUSE IT DOES NOT DO IRREVERSIBLE HARM TO THE ENVIRONMENT $EVELOPMENT LIKE THIS SHOULD BALANCE SOCIAL ECONOMIC AND ENVIRONMENTAL CONCERNS 4HIS IS NOT EASY BECAUSE THESE THREE CONCERNS OFTEN COMPETE WITH EACH OTHER &OR EXAMPLE A SUSTAINABLE FORESTRY INDUSTRY SHOULD ALLOW A CERTAIN NUMBER OF TREES TO BE CUT DOWN AND USED BY PEOPLE BUT AT THE SAME TIME MAKE SURE THAT ENOUGH TREES ARE LEFT TO BE CUT DOWN AND USED IN THE FUTURE 4HIS COULD BE ACHIEVED BY CUTTING DOWN SOME OF THE TREES AND ALSO PLANTING NEW TREES TO REPLACE THOSE HARVESTED SO THAT THERE WILL BE TREES IN THE YEARS AHEAD )T IS CLEAR THAT SUSTAINABLE DEVELOPMENT IS AN INTERNATIONAL ISSUE 3OUTH !FRICA HAS SIGNED AND RATIFIED CERTAIN IMPORTANT INTERNATIONAL CONVENTIONS THAT AIM TO PROTECT THE ENVIRONMENT
7()#( ,!73 !2% 2%,%6!.4 4/ 4(% %.6)2/.-%.4 4HERE ARE THREE CATEGORIES OF LAW IN 3OUTH !FRICA THAT AFFECT THE RELATIONSHIP BETWEEN PEOPLE AND THE ENVIRONMENT s THE #ONSTITUTION WHICH PROTECTS OUR RIGHT TO ENJOY AND HAVE ACCESS TO THE ENVIRONMENT
s THE #OMMON ,AW WHICH REGULATES HOW PEOPLE INTERACT WITH EACH OTHER IN THE CONTEXT OF THE ENVIRONMENT AND WHICH PROTECTS OUR USE AND ENJOYMENT OF OUR OWN PROPERTY FOR EXAMPLE BUT LIMITS IT IN CERTAIN WAYS SO THAT THIS USE AND ENJOYMENT DOES NOT INTERFERE WITH THE RIGHTS OF OTHER PEOPLE s .ATIONAL 0ROVINCIAL AND -UNICIPAL ,AWS SOME LAWS ARE LIKE A FRAMEWORK BECAUSE THEY APPLY ACROSS ALL ASPECTS OF THE ENVIRONMENT /THER LAWS ARE SECTORAL IN NATURE AS THEY ONLY APPLY TO CERTAIN PARTS OF THE ENVIRONMENT SUCH AS WATER FISH PLANTS TREES MINERALS ETC )T IS VERY IMPORTANT TO UNDERSTAND THAT THE DIFFERENT AREAS OF LAW DEALT WITH IN THIS CHAPTER DO NOT WORK IN ISOLATION FROM EACH OTHER )N OTHER WORDS ALL OF THE LAW THAT WE TALK ABOUT WORKS TOGETHER 3O THE #ONSTITUTION THE #OMMON ,AW AND ,EGISLATION WORK TOGETHER LIKE A WEB OF RULES THAT YOU CAN USE TO FIND OUT WHAT RIGHTS PEOPLE HAVE AND HOW BEST TO PROTECT THOSE RIGHTS &OR EXAMPLE IF A COMMUNITY IS EXPERIENCING PROBLEMS WITH SMOKE POLLUTION YOU MAY FIND THAT THEY ARE PROTECTED BY THE #ONSTITUTION THE #OMMON ,AW AND BY ,EGISLATION ALL AT THE SAME TIME 4HESE THREE CATEGORIES OF LAW ARE DISCUSSED IN MORE DETAIL BELOW !T THE END OF THIS CHAPTER WE WILL CONSIDER WHICH STRATEGIES INDIVIDUALS AND COMMUNITIES CAN USE TO PROTECT THEIR ENVIRONMENTAL RIGHTS
4HE #ONSTITUTION 4HE #ONSTITUTION HAS A NUMBER OF SECTIONS THAT ARE RELEVANT TO THE ENVIRONMENT
4(% %.6)2/.-%.4!, 2)'(4 3%#4)/. %VERYONE HAS THE RIGHT TO s AN ENVIRONMENT WHICH IS NOT HARMFUL TO THEIR HEALTH OR WELL BEING s HAVE THE ENVIRONMENT PROTECTED FOR THE BENEFIT OF PRESENT AND FUTURE GENERATIONS THROUGH REASONABLE LEGISLATIVE AND OTHER MEASURES THAT
PREVENT POLLUTION AND ECOLOGICAL DEGRADATION
PROMOTE CONSERVATION
SECURE ECOLOGICALLY SUSTAINABLE DEVELOPMENT AND USE OF NATURAL RESOURCES WHILE PROMOTING JUSTIFIABLE ECONOMIC AND SOCIAL DEVELOPMENT 3ECTION THEREFORE PLACES A DUTY ON ALL SPHERES OF GOVERNMENT TO TAKE REASONABLE STEPS INCLUDING MAKING LAWS TO PREVENT POLLUTION PROMOTE CONSERVATION AND ENSURE SUSTAINABLE DEVELOPMENT
7(!4 $/ 4(% 7/2$3 @(%!,4( !.$ 7%,, "%).' -%!. 4HE MEANING OF THESE WORDS IS NOT ENTIRELY CLEAR SO IT WILL BE UP TO THE COURTS TO DECIDE ON THEIR EXACT MEANING IN THE FUTURE )T SEEMS THAT hHEALTH AND WELL BEINGv INCLUDE THE FOLLOWING s 0ROTECTION FROM POLLUTION IN THE AIR WATER FOOD OR SOIL 4HIS INCLUDES PROTECTION FROM DANGERS IN THE WORKPLACE AND FROM LESS OBVIOUS DANGERS TO HEALTH SUCH AS NOISE s 0ROTECTION OF OUR WELL BEING COVERS BOTH PHYSICAL AND MENTAL WELLBEING 4HIS WOULD INCLUDE PROTECTION FROM NUISANCES AND INVASIONS OF PRIVACY AND DIGNITY 4HE %UROPEAN #OURT OF (UMAN 2IGHTS RECENTLY RULED THAT A BAD SMELL FROM A TANNERY THAT OFFENDED NEIGHBOURING RESIDENTS WAS A VIOLATION OF THEIR RIGHT TO PRIVACY )N OUR LAW THIS WOULD PROBABLY QUALIFY AS A VIOLATION OF THE RIGHT TO WELL BEING 3O WE CAN SAY THAT SOMETHING AFFECTS OUR WELL BEING IF IT AFFECTS OUR ABILITY TO ENJOY OUR LIFE
7(/ #!. 9/5 %.&/2#% 9/52 %.6)2/.-%.4!, 2)'(43 !'!).34 4HERE HAS BEEN MUCH DEBATE ABOUT THE APPLICATION OF ENVIRONMENTAL RIGHTS )T IS QUITE CLEAR THAT THESE RIGHTS APPLY BETWEEN THE STATE AND CITIZENS (OWEVER THE QUESTION IS WHETHER THE RIGHT APPLIES BETWEEN TWO CITIZENS )T SEEMS THAT THE COURTS HAVE ACCEPTED THAT ENVIRONMENTAL RIGHTS CAN APPLY BETWEEN ONE PERSON AND ANOTHER PERSON 3EE PAGE 3ECTION !PPLICATION OF "ILL OF 2IGHTS
/4(%2 2)'(43 2%,%6!.4 4/ 4(% %.6)2/.-%.4 4HE #ONSTITUTION RECOGNISES THE GENERAL NEED TO IMPROVE THE QUALITY OF LIFE OF ALL CITIZENS #ERTAIN CONSTITUTIONAL RIGHTS CAN BE USED TO SUPPORT REASONABLE ENVIRONMENTAL DEMANDS 4HEY INCLUDE s 4HE RIGHT TO LIFE 3ECTION s 4HE RIGHT TO HUMAN DIGNITY 3ECTION s 4HE RIGHT TO PRIVACY 3ECTION s #ERTAIN SOCIO ECONOMIC RIGHTS THAT ARE RELEVANT
THE RIGHT OF ACCESS TO ADEQUATE HOUSING 3ECTION
THE RIGHT OF ACCESS TO SUFFICIENT FOOD AND WATER 3ECTION
THE RIGHT OF ACCESS TO HEALTH CARE SERVICES 3ECTION
THE RIGHTS OF CHILDREN TO BASIC NUTRITION AND SHELTER AND TO BE PROTECTED FROM MALTREATMENT NEGLECT ABUSE OR DEGRADATION 3ECTION 3EE PAGE 3ECTION 2IGHT OF ACCESS TO HOUSING AND PAGE 3ECTION 2IGHT OF ACCESS TO HEALTH CARE FOOD WATER AND SOCIAL SECURITY %8!-0,%
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! COMMUNITY RESIDING IN AN INFORMAL SETTLEMENT ARE LIVING WITH NO RUNNING WATER REFUSE REMOVAL AND SANITATION 4HE BUCKET TOILET SYSTEM IS USED WHICH IS A CONSTANT HEALTH RISK TO THE ENVIRONMENT AND COMMUNITY 7HAT RIGHTS ARE POTENTIALLY AFFECTED IN THIS CASE !N INFORMAL SETTLEMENT WITHOUT WATER OR SANITATION COULD POSE A THREAT TO PUBLIC HEALTH OF THE RESIDENTS 4HE FAILURE OF A LOCAL AUTHORITY TO PROVIDE TOILETS WATER SANITATION ADEQUATE HOUSING AND REFUSE REMOVAL POSSIBLY VIOLATES THE FOLLOWING CONSTITUTIONAL RIGHTS s THE HEALTH OF THE RESIDENTS IS THREATENED s THE WELL BEING OF THE RESIDENTS IS THREATENED s THE RIGHT TO ADEQUATE HOUSING s THE RIGHT OF ACCESS TO WATER IS VIOLATED s THE RIGHT OF CHILDREN TO BE PROTECTED FROM DEGRADATION IS INFRINGED s THE POTENTIAL FOR THE OUTBREAK OF A DISEASE LIKE CHOLERA VIOLATES THE RIGHT TO LIFE s THE RIGHTS TO PRIVACY AND DIGNITY ARE VIOLATED BY THE LACK OF TOILETS 7HAT CAN THE RESIDENTS DO 4HE #ONSTITUTION PLACES A DUTY ON ALL SPHERES OF GOVERNMENT TO TAKE REASONABLE STEPS INCLUDING MAKING LAWS AND POLICIES TO PROVIDE ACCESS TO BASIC HEALTH CARE FOOD AND RUNNING WATER &OR EXAMPLE THE GOVERNMENT HAS COMMITTED ITSELF TO THE COMPLETE REMOVAL OF THE BUCKET TOILET SYSTEM FROM FORMAL SETTLEMENTS BY THE END OF AND HAS ALLOCATED A BUDGET OF OVER 2 BILLION TO ACHIEVE THIS TARGET 3TRATEGIES THE RESIDENTS CAN TAKE ARE SUGGESTED ON PAGE 7AYS TO RESOLVE ENVIRONMENTAL DISPUTES
4(% 2)'(4 4/ %15!,)49 3%#4)/. 4HE RIGHT TO EQUALITY AND NON DISCRIMINATION IS IMPORTANT FOR PEOPLE WORKING ON ENVIRONMENTAL ISSUES !N INDIRECT FORM OF DISCRIMINATION WAS RECOGNISED IN THE 5NITED 3TATES OF !MERICA WHERE IT WAS FOUND THAT MOST HAZARDOUS OR POLLUTING INDUSTRIES ARE BUILT IN POOR OR BLACK NEIGHBOURHOODS 4HESE AREAS THEN BEAR AN UNEQUAL SHARE OF THE ENVIRONMENTAL PROBLEMS FROM THESE INDUSTRIES FOR EXAMPLE THEIR HARMFUL EFFECTS ON THE HEALTH AND SAFETY OF RESIDENTS 4HIS PRACTICE HAS BEEN CALLED ENVIRONMENTAL DISCRIMINATION OR ENVIRONMENTAL RACISM -ANY DECISIONS ABOUT THE USE OF LAND TAKEN IN 3OUTH !FRICA DURING APARTHEID CAN ALSO BE CRITICISED AS ENVIRONMENTAL DISCRIMINATION
4HE OPPOSITE OF ENVIRONMENTAL DISCRIMINATION CAN BE CALLED ENVIRONMENTAL JUSTICE %NVIRONMENTAL JUSTICE MEANS s THE GOOD THINGS WE GET FROM THE ENVIRONMENT ARE SHARED EQUALLY AMONG ALL PEOPLE s THE NEGATIVE IMPACTS SUCH AS RUBBISH DUMPS OR POWER STATIONS ARE SHARED AMONGST ALL COMMUNITIES ! LOCAL MUNICIPALITY REQUIRES RUBBISH COLLECTION TO TAKE PLACE ONLY TWICE A MONTH IN A LOCAL TOWNSHIP BECAUSE THE TOWNSHIP IS FAR FROM THE MAIN TOWN CENTRE 4HE WEALTHY NEIGHBOURHOOD WHICH IS CLOSE TO TOWN HAS RUBBISH COLLECTIONS ONCE A WEEK 4HIS IS A CLEAR CASE OF INEQUALITY ON THE PART OF THE MUNICIPALITY
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4(% 2)'(4 /& !##%33 4/ ).&/2-!4)/. 3%#4)/. 3ECTION OF THE #ONSTITUTION GUARANTEES EVERY PERSON THE RIGHT OF ACCESS TO ANY INFORMATION HELD BY THE STATE AND ANY INFORMATION THAT IS HELD BY ANOTHER PERSON THAT IS REQUIRED FOR THE PROTECTION OF ANY RIGHTS 4HE RIGHT TO INFORMATION IS IMPORTANT FOR ENVIRONMENTAL ISSUES 7ITHOUT ACCESS TO THE PROPER INFORMATION PEOPLE DO NOT KNOW WHAT ACTION IS BEING PLANNED OR THE PROCEDURES THAT WILL BE FOLLOWED )T IS NOT POSSIBLE TO PARTICIPATE PROPERLY IN PUBLIC DEBATES IF THE PUBLIC DOESNT HAVE RELEVANT INFORMATION &OR EXAMPLE THE PUBLIC HAVE THE RIGHT TO KNOW IN ADVANCE ABOUT POSSIBLE PLANS FOR THE BUILDING OF A NEW RAILWAY LINE OR FACTORY IN THEIR NEIGHBOURHOOD AND THEY HAVE THE RIGHT TO INFORM DECISION MAKERS IF THEY ARE AGAINST THE BUILDING OF THESE STRUCTURES 4HE 0ROMOTION OF !CCESS TO )NFORMATION !CT .O OF 0!)! SETS OUT DETAILED PROCEDURES WHICH MUST BE FOLLOWED IN ORDER TO OBTAIN ACCESS TO INFORMATION 0EOPLE IN YOUR COMMUNITY OWN LAND NEXT TO THE SEA 4HEY FIND OUT THAT A DEVELOPER HAS APPLIED TO LOCAL GOVERNMENT FOR PERMISSION TO BUILD A STEEL MILL IN THE AREA IN WHICH THEY LIVE !LTHOUGH THEY HAVE TRIED TO GET INFORMATION ABOUT THE STEEL MILL FROM THE DEVELOPER THEY HAVE NOT BEEN SUCCESSFUL -EMBERS OF THE COMMUNITY ARE CONCERNED THAT THE DEVELOPMENT OF THE STEEL MILL COULD CAUSE POLLUTION AND OTHER ENVIRONMENTAL PROBLEMS 4HEY NEED THIS INFORMATION IN ORDER TO PARTICIPATE FULLY AND EFFECTIVELY IN THE PUBLIC CONSULTATIVE PROCESS THAT IS TO FOLLOW
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! LARGE FACTORY IS ESTABLISHED NEXT TO YOUR COMMUNITY -ANY PEOPLE GET SICK AND YOU SUSPECT THAT IT IS CAUSED BY FUMES COMING FROM THE FACTORY 4HE COMPANY REFUSES TO TELL THE COMMUNITY WHAT SUBSTANCES ARE COMING OUT OF THE FACTORY 0EOPLE NEED THIS INFORMATION IN ORDER TO BE ABLE TO LODGE A COMPLAINT WITH THE RELEVANT AUTHORITY
4HE COMMUNITY CAN DEMAND THIS INFORMATION FROM THE DEVELOPERFACTORY AS WELL AS FROM ANY GOVERNMENT DEPARTMENT OR LOCAL AUTHORITY WHICH HAS ACCESS TO THE RELEVANT INFORMATION 4HE BEST WAY TO PROTECT THIS RIGHT OF ACCESS TO INFORMATION IS TO MAKE AN APPLICATION TO THE COURT FOR AN ORDER TELLING THE DEVELOPERFACTORY TO PROVIDE THE COMMUNITY WITH THE INFORMATION THAT THEY NEED "EFORE A COMMUNITY TAKES ANY ACTION THEY WILL HAVE TO ESTABLISH THAT A CONSTITUTIONAL RIGHT SUCH AS THE ENVIRONMENTAL RIGHT HAS BEEN INFRINGED 3ECONDLY THEY WILL HAVE TO PROVE THAT THEY NEED THE INFORMATION TO PROTECT THIS RIGHT 4HIRDLY THEY WILL NEED TO COMPLY WITH THE PROCEDURES SET OUT IN 0!)!
4(% 2)'(4 4/ *534 !$-).)342!4)6% !#4)/. 3%#4)/. !DMINISTRATIVE ACTION REFERS TO DECISIONS MADE BY THE STATE AND REPRESENTATIVES OF THE STATE %NVIRONMENTAL CONFLICTS OFTEN ARISE AS A RESULT OF THE INCORRECT OR UNJUST USE OF ADMINISTRATIVE DECISION MAKING POWERS )N TERMS OF SECTION s EVERYONE HAS THE RIGHT TO ADMINISTRATIVE ACTION THAT IS LAWFUL REASONABLE AND PROCEDURALLY FAIR 3ECTION s EVERYONE WHOSE RIGHTS HAVE BEEN ADVERSELY AFFECTED BY ADMINISTRATIVE ACTION HAS THE RIGHT TO BE GIVEN WRITTEN REASONS FOR THE DECISION 3ECTION
4HE 'OVERNMENT HAS PASSED THE 0ROMOTION OF !DMINISTRATIVE *USTICE !CT .O OF 0!*! WHICH SETS OUT WHAT IS ADMINISTRATIVE ACTION WHAT ACTIONS WOULD BE PROCEDURALLY FAIR ADMINISTRATIVE ACTION THE GROUNDS ON WHICH ADMINISTRATIVE ACTION CAN BE CHALLENGED THE REMEDIES AVAILABLE THE PROCEDURES THAT MUST BE FOLLOWED TO OBTAIN WRITTEN REASONS AND THE RELIEF THAT THE COURT CAN GRANT A PERSON WHO IS ASKING FOR A REVIEW OF THE DECISION MADE 3EE PAGE 7HAT ARE THE REQUIREMENTS OF LAWFULNESS PROCEDURAL FAIRNESS AND REASONABLENESS #ERTAIN PEOPLE IN YOUR COMMUNITY LIVE IN AN INFORMAL SETTLEMENT CLOSE TO AN EXPENSIVE COASTAL RESORT WHERE PEOPLE FROM THE CITY OWN HOLIDAY HOUSES ! CHEMICAL COMPANY HAS BEEN GRANTED PERMISSION BY THE LOCAL AUTHORITY TO SET UP A PRODUCTION PLANT VERY CLOSE TO THE INFORMAL SETTLEMENT )T IS LIKELY THAT THIS CHEMICAL PLANT WILL HARM THE ENVIRONMENT AND POSSIBLY THE HEALTH OF PEOPLE IN THE COMMUNITY 4HESE PEOPLE WANT TO FIND OUT HOW THE CHEMICAL COMPANY GOT PERMISSION TO SET UP THE PRODUCTION PLANT AND WHAT OTHER ACTION THE CHEMICAL COMPANY MAY BE THINKING OF TAKING 4HEY HAVE FORMALLY REQUESTED THE LOCAL AUTHORITY TO PROVIDE THEM WITH INFORMATION ABOUT THE NEW CHEMICAL PRODUCTION PLANT SO THAT THEY CAN USE THE INFORMATION TO COMMENT ON WHETHER THEY THINK THE PERMISSION FOR THE PLANT SHOULD HAVE BEEN GRANTED OR NOT 4HE LOCAL AUTHORITY IS A PART OF GOVERNMENT 4HEREFORE ANY DECISION THAT IT MAKES IS AN ADMINISTRATIVE DECISION
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7HAT CAN THE COMMUNITY DO 4HE COMMUNITY CAN USE THE 0!*! TO s GET WRITTEN REASONS FROM THE LOCAL AUTHORITY FOR THEIR DECISION TO ALLOW THE ERECTION OF THE CHEMICAL PRODUCTION PLANT s CHALLENGE THE PROCEDURAL FAIRNESS OF THE MUNICIPALITY DECISION AS THEIR RIGHTS ARE AFFECTED BY THE DECISION AND THEY WERE NOT CONSULTED PRIOR TO IT BEING MADE s CHALLENGE THE REASONABLENESS OF THE DECISION HERE THE COURT WOULD CONSIDER ALL OF THE SURROUNDING CIRCUMSTANCES TO SEE WHETHER THE DECISION WAS SUITABLE NECESSARY AND PROPORTIONATE /THER RIGHTS THAT ARE POTENTIALLY AFFECTED IN THIS EXAMPLE INCLUDE THE RIGHT TO EQUALITY IF THE NEARBY WEALTHY RESORT HAS NOT BEEN NEGATIVELY AFFECTED IN THE SAME WAY AS THE INFORMAL SETTLEMENT AND THE RIGHT OF ACCESS TO INFORMATION BECAUSE THE COMMUNITYS REQUEST FOR INFORMATION ABOUT THE CHEMICAL PRODUCTION PLANT HAS BEEN IGNORED
4HE #OMMON ,AW 4HE #OMMON LAW IS RELEVANT IN DEALING WITH ENVIRONMENT ISSUES THROUGH THE LAW OF $ELICT THE LAW OF .UISANCE AND THE LAW OF .EIGHBOURS 4HE COMMON LAW RULES OF DELICT NUISANCE AND NEIGHBOUR LAW CAN BE USED TO PROTECT PEOPLES ENVIRONMENTAL RIGHTS RELATING TO NOISE POLLUTION AIR POLLUTION AND WATER POLLUTION
4(% ,!7 /& $%,)#4 4HE COMMON LAW OF DELICT ALLOWS US TO CLAIM COMPENSATION FROM SOMEONE WHO DOES SOMETHING THAT CAUSES US HARM 3UCH AN ACTION IS CALLED A DELICT &OR EXAMPLE IF A PERSON DRIVES THEIR CAR NEGLIGENTLY AND COLLIDES WITH THE CAR OF ANOTHER PERSON THE OWNER OF THE DAMAGED CAR CAN SUE THE DRIVER WHO NEGLIGENTLY OR INTENTIONALLY CAUSED THE CRASH 4HE OWNER OF THE DAMAGED CAR CAN CLAIM THE COST OF REPAIRING THE DAMAGE TO THE CAR AS WELL AS COMPENSATION FOR ANY OF HIS OR HER INJURIES 4HIS CLAIM WOULD BE MADE UNDER THE COMMON LAW OF DELICT &OR A DELICTUAL CLAIM TO SUCCEED THE PERSON MAKING THE CLAIM THE CLAIMANT MUST PROVE s THAT THE ACTION OF THE OTHER PERSON WAS WRONGFUL BECAUSE IT CAUSED HARM TO ANOTHER PERSON OR THEIR PROPERTY s THAT THE PERSON DOING THE ACTION WAS NEGLIGENT WAS AT FAULT OR ACTED INTENTIONALLY s THAT THE CLAIMANT SUFFERED LOSS WHICH CAN BE GIVEN A MONETARY VALUE 4HIS MONETARY VALUE IS CALLED DAMAGES
s THAT THE MONETARY LOSS DAMAGES WAS SUFFERED AS A RESULT OF THE ACTION OF THE NEGLIGENT PERSON THE ACTION OF THE NEGLIGENT PERSON CAUSED THE MONETARY LOSS
(/7 $/%3 4()3 (%,0 9/5 7)4( !. %.6)2/.-%.4!, )335% 9OU CAN SUE A PERSON IN COURT FOR LOSS CAUSED TO YOU BY THE WRONGFUL ACTIONS OF A PERSON AND YOU CAN CLAIM COMPENSATION FOR THIS LOSS 4HIS WILL HAVE TO BE DONE THROUGH AN ATTORNEY WHO WILL PREPARE THE CASE AND TAKE IT TO THE COURT 3EE PAGE 7AYS TO RESOLVE ENVIRONMENTAL DISPUTES %RIC OWNS A SMALL HOLDING WITH A FEW ANIMALS (E MAKES A SMALL LIVING FROM HIS ANIMALS 4HE SMALL HOLDING BORDERS ON A NATIONAL ROAD ! TRUCK CARRYING FERTILISER GOES OUT OF CONTROL LEAVES THE NATIONAL ROAD AND OVERTURNS ON %RICS LAND SPILLING THE LOAD OF FERTILISER INTO THE SMALL DAM ON HIS PROPERTY !S A RESULT THE WATER IN THE DAM IS CONTAMINATED OR POLLUTED %RICS ANIMALS DRINK FROM THIS DAM %RIC IS NOT AT HOME TO STOP HIS ANIMALS DRINKING THE WATER AND AS A RESULT THEY BECOME SICK AND DIE #AN %RIC CLAIM COMPENSATION FROM THE OWNER OF THE FERTILISER COMPANY 4HE GENERAL RULE OF DELICT SAYS THAT %RIC CAN CLAIM COMPENSATION FROM SOMEONE WHO HAS DONE HIM HARM BUT HE WILL HAVE TO FULFILL ALL THE REQUIREMENTS FOR A SUCCESSFUL DELICT 4HIS MEANS THAT HE WILL HAVE TO SHOW s THAT THE ACTION OF THE DRIVER IN SPILLING THE FERTILISER INTO HIS DAM WAS WRONGFUL s THAT THE DRIVER AND THEREFORE THE COMPANY WAS NEGLIGENT s THE ACCIDENT CAUSED THE DAMAGE IE THE SPILLING OF FERTILISER CAUSED THE DEATH OF THE ANIMALS s THAT AS A RESULT OF THE NEGLIGENT ACTION OF THE DRIVER HE SUFFERED A QUANTIFIABLE MONETARY LOSS
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4(% ,!7 /& .5)3!.#% 4HE MOST IMPORTANT ASPECT OF THE LAW OF NUISANCE IN REGARD TO ENVIRONMENTAL RIGHTS IS THE LAW OF PRIVATE NUISANCE WHICH RECOGNISES THE RIGHT OF AN OWNER OF LAND TO ENJOY THEIR LAND IN PHYSICAL COMFORT CONVENIENCE AND WELL BEING WITHOUT UNREASONABLE INTERFERENCE FROM OTHERS 0EOPLE DO HAVE TO PUT UP WITH A CERTAIN AMOUNT OF INTERFERENCE WITH THEIR RIGHT TO ENJOY THEIR LAND FOR EXAMPLE SMOKE BLOWING ACROSS NOISE GENERATED BY ANOTHER PERSON ETC AS LONG AS THIS INTERFERENCE IS NOT UNREASONABLE )F THE INTERFERENCE IS UNREASONABLE THEN THE LANDOWNER CAN TAKE LEGAL ACTION TO PROTECT THEIR RIGHT TO ENJOY THEIR LAND "ETHUEL LIVES IN A SMALL TOWN NEXT TO A DISUSED QUARRY 4HE LOCAL AUTHORITY USES THE QUARRY TO DUMP ALL THE HOUSEHOLD WASTE THAT IT COLLECTS FROM RESIDENTS "ETHUEL HAS BECOME SICK AS A RESULT OF LIVING SO CLOSE TO THE WASTE AND HAS STARTED TO DEVELOP BAD SKIN AILMENTS 7HAT RIGHTS ARE AFFECTED s "ETHUEL HAS AN ENVIRONMENTAL RIGHT TO HEALTH AND WELL BEING s THE COMMON LAW OF NUISANCE GIVES HIM THE RIGHT TO ENJOY HIS LAND WITHOUT HIS ENJOYMENT BEING UNREASONABLY INFRINGED )N THIS CASE IT WOULD BE POSSIBLE TO ARGUE THAT THE MUNICIPALITYS ACTION IN SETTING UP THE WASTE DISPOSAL SITE INFRINGES "ETHUELgS ENVIRONMENTAL RIGHT AND CONSTITUTES A NUISANCE AS IT UNREASONABLY INFRINGES UPON HIS RIGHT TO ENJOY HIS PROPERTY IN PHYSICAL COMFORT CONVENIENCE AND WELL BEING
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4HE PERSON SUFFERING THE NUISANCE CAN APPLY TO THE COURT FOR A AN INTERDICT TO STOP THE PERSON THAT IS CAUSING THE NUISANCE FROM CONTINUING WITH THE CONDUCT AND B DAMAGES MONETARY COMPENSATION WHERE THE CONDUCT HAS RESULTED IN FINANCIAL LOSS 4HE CLAIM CAN BE MADE AGAINST THE OWNER OF THE PROPERTY (OWEVER A LANDOWNER IS NOT RESPONSIBLE FOR THE NUISANCE CAUSED BY HIS TENANT UNLESS HE AUTHORISED THE NUISANCE
4(% ,!7 /& .%)'("/523 )T IS A GENERAL RULE OF OUR LAW THAT A LANDOWNER MAY NOT USE HIS OR HER PROPERTY IN A WAY THAT CAUSES HARM TO ANOTHER PERSON 4HIS MEANS THAT A LANDOWNERS RIGHT TO USE THE PROPERTY IS LIMITED AND THAT THERE IS AN OBLIGATION ON HIM OR HER NOT TO ACT IN A WAY THAT WILL INFRINGE THE RIGHTS OF A NEIGHBOUR 4HE TEST OF WHETHER THE LANDOWNERS USE OF HIS PROPERTY FAILS TO COMPLY WITH THIS OBLIGATION IS ONE OF REASONABLENESS AND FAIRNESS 4HIS PRINCIPLE OF REASONABLENESS IS RELEVANT TO ALL FORMS OF POLLUTING ACTIVITIES $ERRICK LIVES ON A CATTLE FARM IN A QUIET RURAL AREA (IS NEIGHBOUR HAS SET UP A DEVICE WHICH MAKES EXPLOSIVE NOISES AT REGULAR INTERVALS DURING THE DAY AND NIGHT TO SCARE BABOONS AWAY FROM HIS KITCHEN VEGETABLE GARDEN $ERRICKS FAMILY CANNOT SLEEP BECAUSE OF THE NOISE AND HIS CATTLE HAVE BECOME RESTLESS AND UNCONTROLLABLE 7HAT CAN HE DO 7HAT RIGHTS ARE AFFECTED (ERE WE CAN SEE THE INTERACTION OF THE THREE BRANCHES OF LAW THAT HAVE BEEN DISCUSSED SO FAR s 4HE #ONSTITUTION 3ECTION GIVES PEOPLE AN ENVIRONMENTAL RIGHT TO HEALTH AND WELL BEING 4HIS RIGHT IS BEING INFRINGED BY NOISE POLLUTION s 4HE #OMMON ,AW OF .UISANCE SAYS THAT $ERRICK HAS THE RIGHT TO ENJOY HIS LAND WITHOUT HIS ENJOYMENT BEING UNREASONABLY INFRINGED BY ANOTHER PERSON s 4HE #OMMON ,AW OF .EIGHBOURS SAYS THAT $ERRICK IS ENTITLED TO REQUIRE HIS NEIGHBOUR NOT TO USE HIS PROPERTY THE NEIGHBOURS IN A WAY THAT WILL INFRINGE $ERRICKgS LEGALLY PROTECTED RIGHTS
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)N THIS CASE IT WOULD BE POSSIBLE TO ARGUE THAT s .EIGHBOUR ,AW GIVES $ERRICK THE RIGHT TO HAVE HIS NEIGHBOUR NOT CAUSE A GREATER NOISE THAN IS REASONABLE FOR CARRYING OUT OF THE NEIGHBOURgS ECONOMIC ACTIVITIES s THE INTERESTS WHICH THE NEIGHBOUR IS TRYING TO PROTECT A VEGETABLE GARDEN ARE VERY LIMITED s THE METHODS USED ARE NOT IN PROPORTION TO THE DISTURBANCE CREATED BY THE EXPLOSIVE DEVICE s CONSEQUENTLY THE NEIGHBOURgS USE OF HIS PROPERTY IS NOT REASONABLE AND FAIR TO $ERRICK
,AWS MADE BY NATIONAL PROVINCIAL AND LOCAL GOVERNMENT ,AWS MADE BY NATIONAL PROVINCIAL AND LOCAL GOVERNMENTS ADD TO THE RIGHTS AND RESPONSIBILITIES THAT ARE PART OF THE #ONSTITUTION OR THE #OMMON ,AW 4HESE LAWS ALSO CALLED LEGISLATION MUST COMPLY WITH THE #ONSTITUTION BUT THEY CAN CHANGE THE #OMMON ,AW %NVIRONMENTAL LAWS MADE BY THE GOVERNMENT SET OUT THE RIGHTS AND RESPONSIBILITIES OF PEOPLE RELATING TO THREE ISSUES LAND USE MANAGEMENT POLLUTION CONTROL AND WASTE MANAGEMENT CONTROL AND NATURAL RESOURCES %NVIRONMENTAL LAWS THEREFORE REGULATE FOR EXAMPLE WHO CAN BUILD WHAT CAN THEY BUILD AND WHERE CAN THEY BUILD WHO CAN FISH OR MINE CUT TREES AND SHOOT ANIMALS AS WELL AS WHERE AND WHEN THIS CAN HAPPEN 4HESE LAWS CONTAIN A NUMBER OF RULES !NYONE WHO FAILS TO COMPLY WITH THESE RULES COULD BE PUNISHED THROUGH IMPRISONMENT ANDOR A FINE 4HERE ARE TWO BROAD TYPES OF LAWS &IRSTLY THERE ARE THE FRAMEWORK LAWS WHICH REGULATE ALL ENVIRONMENTAL CONCERNS AND SHOULD THEREFORE BE TAKEN INTO ACCOUNT WHEN DEALING WITH ANY ENVIRONMENTAL ISSUE 3ECONDLY THERE ARE SECTORAL LAWS WHICH DEAL WITH THINGS LIKE LAND USE MANAGEMENT POLLUTION CONTROL AND WASTE MANAGEMENT OR NATURE CONSERVATION 3O FOR EXAMPLE IF YOU ARE DEALING WITH A WASTE SITE WHICH IS POLLUTING THE WATER IN THE AREA OF YOUR COMMUNITY YOU WILL NEED TO CONSIDER BOTH FRAMEWORK LAWS AND THE SECTORAL LAWS THAT ARE RELEVANT TO LAND AND WATER POLLUTION
&2!-%7/2+ %.6)2/.-%.4!, ,!73 4HERE ARE THREE LAWS THAT DEAL WITH THE ENVIRONMENT GENERALLY s .ATIONAL %NVIRONMENTAL -ANAGEMENT !CT .O OF .%-! s %NVIRONMENTAL #ONSERVATION !CT .O OF s .ATIONAL %NVIRONMENTAL -ANAGEMENT !IR 1UALITY !CT .O OF 4WO OTHER FRAMEWORK LAWS THE 0ROMOTION OF !DMINISTRATIVE *USTICE !CT AND THE 0ROMOTION OF !CCESS TO )NFORMATION !CT ARE NOT AIMED SPECIFICALLY AT THE ENVIRONMENT BUT THEY GIVE CONTENT TO ENVIRONMENTAL RIGHTS AND ISSUES 4HESE LAWS SHOULD BE CONSIDERED WHEN DEALING WITH ALL ENVIRONMENTAL ISSUES
.!4)/.!, %.6)2/.-%.4!, -!.!'%-%.4 !#4 .O OF .%-! .%-! IS RELEVANT TO THE REGULATION OF ALL THREE OF THE ENVIRONMENTAL ISSUES REFERRED TO LAND USE PLANNING AND DEVELOPMENT NATURAL RESOURCES AND POLLUTION CONTROL AND WASTE MANAGEMENT 4HE OBJECT OF .%-! IS TO PROVIDE A FRAMEWORK FOR CO OPERATIVE ENVIRONMENTAL GOVERNANCE MAKING SURE THAT THE GOVERNMENT AUTHORITIES CO ORDINATE THEIR EFFORTS TO MANAGE THE ENVIRONMENT AND AIMS TO ACHIEVE THIS BY ESTABLISHING s PROCEDURES FOR STATE DECISION MAKING AND FUNCTIONS WHICH IMPACT ON THE ENVIRONMENT AND s STATE INSTITUTIONS WHICH CO ORDINATE THESE DECISIONS AND FUNCTIONS
7(!4 !2% 4(% .%-! 02).#)0,%3 .%-! SETS OUT A RANGE OF NATIONAL ENVIRONMENTAL MANAGEMENT PRINCIPLES SOME OF WHICH ARE SET OUT BELOW s ENVIRONMENTAL MANAGEMENT MUST PUT PEOPLE AND THEIR NEEDS FIRST s DEVELOPMENT MUST BE SOCIALLY ENVIRONMENTALLY AND ECONOMICALLY SUSTAINABLE s THERE SHOULD BE EQUAL ACCESS TO ENVIRONMENTAL RESOURCES BENEFITS AND SERVICES TO MEET BASIC HUMAN NEEDS s GOVERNMENT SHOULD PROMOTE PUBLIC PARTICIPATION WHEN MAKING DECISIONS ABOUT THE ENVIRONMENT s COMMUNITIES MUST BE GIVEN ENVIRONMENTAL EDUCATION s WORKERS HAVE THE RIGHT TO REFUSE TO DO WORK THAT IS HARMFUL TO THEIR HEALTH OR TO THE ENVIRONMENT s DECISIONS MUST BE TAKEN IN AN OPEN AND TRANSPARENT MANNER AND THERE MUST BE ACCESS TO INFORMATION s THE ROLE OF YOUTH AND WOMEN IN ENVIRONMENTAL MANAGEMENT MUST BE RECOGNISED s THE PERSON OR COMPANY WHO POLLUTES THE ENVIRONMENT MUST PAY TO CLEAN IT UP s THE ENVIRONMENT IS HELD IN TRUST BY THE STATE FOR THE BENEFIT OF ALL 3OUTH !FRICANS s THE UTMOST CAUTION SHOULD BE USED WHEN PERMISSION FOR NEW DEVELOPMENTS IS GRANTED s 4HE ACTIONS OF ALL STATE INSTITUTIONS THAT @MAY SIGNIFICANTLY AFFECT THE ENVIRONMENT MUST COMPLY WITH THESE PRINCIPLES 4HESE STATE INSTITUTIONS WOULD INCLUDE NATIONAL PROVINCIAL AND LOCAL GOVERNMENT AS WELL AS STATE CORPORATIONS LIKE %3+/-
(/7 $/%3 .%-! 02/4%#4 4(% %.6)2/.-%.4 .%-! PROVIDES A RANGE OF TOOLS AIMED AT SPECIFICALLY PROTECTING THE ENVIRONMENT 4HESE INCLUDE THE FOLLOWING
s )NTEGRATED ENVIRONMENTAL MANAGEMENT .%-! REGULATES THE SYSTEM OF ENVIRONMENTAL IMPACT ASSESSMENTS %)! 4HE 'OVERNMENT HAS PASSED A NUMBER OF %)! REGULATIONS IN TERMS OF .%-! WHICH SET OUT THE %)! PROCESSES AND REQUIREMENTS 4HESE REQUIRE THAT THE POTENTIAL IMPACT ON THE ENVIRONMENT OF CERTAIN LISTED ACTIVITIES MUST BE CONSIDERED ASSESSED AND REPORTED TO THE RELEVANT AUTHORITIES 4HERE ARE TWO LISTS OF ACTIVITIES )N ONE LIST ARE ACTIVITIES WHICH ARE REQUIRED TO UNDERGO A FULL ENVIRONMENTAL IMPACT ASSESSMENT 4HE OTHER LIST SETS OUT ACTIVITIES WHICH NEED TO UNDERGO ONLY A BASIC ENVIRONMENTAL ASSESSMENT s $UTY OF CARE TO PROTECT THE ENVIRONMENT PEOPLE WHOSE ACTIVITIES CAUSE SIGNIFICANT POLLUTION OR DEGRADATION SPOILING OF THE ENVIRONMENT HAVE TO TAKE REASONABLE STEPS TO PREVENT THE POLLUTION OR DEGRADATION FROM HAPPENING 4HIS IS REFERRED TO AS THE @POLLUTER PAYS PRINCIPLE )F THE ACTIVITY IS AUTHORISED BY LAW OR CANNOT REASONABLY BE AVOIDED OR STOPPED PEOPLE MUST STILL TAKE STEPS TO MINIMIZE LESSEN AND FIX THE POLLUTION OR DEGRADATION s 7ORKER PROTECTION 7ORKERS CAN REFUSE TO DO ENVIRONMENTALLY HAZARDOUS WORK s %MERGENCY SITUATIONS .%-! SETS OUT DETAILED PROCEDURES WHICH MUST BE FOLLOWED BY PEOPLE IN THE CASE OF AN EMERGENCY INCIDENT OCCURRING WHICH WILL IMPACT ON THE ENVIRONMENT s 0ROTECTION OF WHISTLEBLOWERS 0EOPLE WHO DISCLOSE INFORMATION OF AN ENVIRONMENTAL RISK WHISTLEBLOWERS ARE PROTECTED s 0RIVATE PROSECUTION 0EOPLE CAN PROSECUTE OTHERS IF IT IS IN THE PUBLIC INTEREST OR IN THE INTERESTS OF PROTECTING THE ENVIRONMENT WHERE THE STATE FAILS TO DO SO s !CCESS TO ENVIRONMENTAL INFORMATION 0EOPLE HAVE THE RIGHT TO HAVE ACCESS TO ENVIRONMENTAL INFORMATION FROM THE GOVERNMENT OR PRIVATE PERSONS s #ONTROLLING THE USE OF VEHICLES IN THE COASTAL ZONE THE /FF 2OAD 6EHICLE 2EGULATIONS /26 2EGULATIONS REGULATE THE USE OF VEHICLES ON THE SHORELINE AND THE ESTABLISHMENT OF BOAT LAUNCHING FACILITIES
4(% @0/,,54%2 0!93 02).#)0,% 4HE @POLLUTER PAYS PRINCIPLE IN .%-! MEANS EXACTLY THAT 7HOEVER POLLUTES THE AIR HAS TO PAY THE COST OF FIXING THE DAMAGE n TO THE ENVIRONMENT AND TO ANYONE WHOSE HEALTH IS AFFECTED BY THE POLLUTION )N THESE LAWS THE DEFINITION OF @POLLUTER IS BROAD !NYONE ASSOCIATED WITH THE POLLUTER n AN EMPLOYEE MANAGER AGENT OR COMPANY DIRECTOR COULD ALSO BE CONVICTED OF POLLUTING IF HE OR SHE DID NOT TAKE REASONABLE STEPS WITHIN THEIR POWER TO PREVENT THE POLLUTION 4HE STATE CAN ORDER SUCH A PERSON TO TAKE STEPS TO DEAL WITH THE POLLUTION )F THEY FAIL TO COMPLY WITH THE ORDER THE STATE WILL TAKE STEPS TO REMEDY THE SITUATION AND WILL RECOVER ALL THE COSTS OF DOING THIS FROM THE PEOPLE RESPONSIBLE
!$-).)342!4)/. !.$ %.&/2#%-%.4 .%-! PROVIDES FOR THE ENFORCEMENT OF PROVISIONS OF CERTAIN ENVIRONMENTAL !CTS AND ALLOWS THE $IRECTOR 'ENERAL OR THE 0ROVINCIAL (EAD OF $EPARTMENT TO APPOINT %NVIRONMENTAL -ANAGEMENT INSPECTORS TO IMPLEMENT THIS FUNCTION
7(%. #!. 9/5 53% .%-! 4/ -!+% ! #/-0,!).4 .%-! SAYS YOU CAN TAKE LEGAL ACTION TO ENFORCE ANY ENVIRONMENTAL LAW OR A PRINCIPLE OF .%-! s TO PROTECT YOUR OWN INTEREST s TO PROTECT SOMEONE ELSES INTERESTS WHO CANNOT DO SO s ON BEHALF OF A GROUP OF PEOPLE WHOSE INTERESTS ARE AFFECTED s IF THE LEGAL ACTION IS IN THE PUBLICS INTEREST s IF THE LEGAL ACTION IS IN THE INTERESTS OF PROTECTING THE ENVIRONMENT
7(!4 $/%3 .%-! !,,/7 9/5 4/ #/-0,!). !"/54 ! PERSON CAN MAKE A COMPLAINT OR TAKE LEGAL ACTION UNDER .%-! IF s SOMEONE INCLUDING THE GOVERNMENT HAS BROKEN AN ENVIRONMENTAL LAW INCLUDING .%-! s THE GOVERNMENT HAS NOT OBEYED A PRINCIPLE OF .%-! s THE GOVERNMENT HAS GIVEN PERMISSION FOR AN ACTIVITY OR DEVELOPMENT THAT AFFECTS THE ENVIRONMENT WITHOUT PROPERLY CHECKING HOW IT COULD AFFECT THE ENVIRONMENT AND PEOPLE s SOMEONE INCLUDING THE GOVERNMENT HAS CAUSED BAD POLLUTION OR DAMAGE TO THE ENVIRONMENT s A PERSON HAS BEEN PUNISHED FOR REFUSING TO DO WORK THAT MIGHT HARM THE ENVIRONMENT OR FOR REPORTING ON SOMEONE WHO IS HARMING THE ENVIRONMENT s A MAJOR ACCIDENT EMERGENCY INCIDENT THAT THREATENS THE PUBLIC HAS HAPPENED AND THERE HAS NOT BEEN A PROPER REPORT ABOUT IT NOR HAS THERE BEEN A CLEAN UP OPERATION s THE STATE HAS NOT PROSECUTED A PERSON FOR BREAKING AN ENVIRONMENTAL LAW AND YOU BELIEVE THAT HESHE MIGHT BE GUILTY !N EXPLOSION RELEASES A CLOUD OF POISONOUS GAS 2ESIDENTS ARE WARNED ON THE RADIO TO GO INDOORS AND SHUT THEIR WINDOWS AND ASTHMATICS ARE TOLD TO SEEK URGENT MEDICAL TREATMENT 0EOPLE ARE TOLD WHAT KIND OF GAS IT IS 4HE HEALTH DEPARTMENT AND MUNICIPAL EMERGENCY SERVICES ARE TOLD HOW TO TREAT PEOPLE WHO GET SICK FROM THE GAS .%-! REQUIRES THE COMPANY THAT CAUSED THIS INCIDENT TO s MINIMISE REDUCE THE RISK AND TO CLEAN UP THE MESS s FIND OUT HOW THE INCIDENT HAS AFFECTED PUBLIC HEALTH s SEND A REPORT TO GOVERNMENT WITHIN DAYS OF THE ACCIDENT WHICH DEALS WITH
THE NATURE AND CAUSES OF THE INCIDENT
SUBSTANCES RELEASED AND HOW THEY COULD AFFECT HUMAN HEALTH AND THE ENVIRONMENT
WHAT WAS DONE TO PREVENT THIS FROM HAPPENING AGAIN )F THESE ACTIONS OR THIS REPORT DO NOT HAPPEN YOU CAN TAKE ACTION TO PROTECT THE ENVIRONMENT AND PUBLIC HEALTH
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7(!4 !#4)/. #!. 9/5 4!+% 5.$%2 .%-! 9OU CAN TAKE ACTION UNDER .%-! NOT ONLY WHEN SOMEONE BREAKS THE LAW BUT ALSO WHEN SOMEONE HAS A DUTY TO DO SOMETHING AND DOES NOTHING &OR EXAMPLE THE GOVERNMENT HAS A DUTY TO STOP PEOPLE FROM POLLUTING RIVERS )F IT DOES NOTHING TO STOP THE POLLUTION YOU CAN TAKE ACTION TO MAKE IT PROTECT THE ENVIRONMENT 3O IF THE GOVERNMENT OR ANY PERSON BREAKS AN ENVIRONMENTAL LAW INCLUDING .%-! YOU CAN s GO TO THE POLICE AND LAY A CHARGE s ASK GOVERNMENT TO FIND AND PAY FOR A CONCILIATOR TO SOLVE THE DISPUTE s ASK THE $IRECTOR 'ENERAL TO INVESTIGATE 3EE PAGE #OMPLAINING TO THE $IRECTOR 'ENERAL s REFUSE TO WORK IF IT COULD CAUSE ENVIRONMENTAL DAMAGE s ALERT PEOPLE TO SOMETHING SERIOUS GOING ON BY @WHISTLE BLOWING s REACT TO EMERGENCY INCIDENTS s APPROACH THE PUBLIC PROTECTOR s APPROACH THE HUMAN RIGHTS COMMISSION s GO TO COURT AND ASK FOR AN ORDER TO
s STOP THE PERSON OR GOVERNMENT FROM BREAKING THE LAW s FORCE GOVERNMENT TO STOP THE PERSON FROM BREAKING THE LAW OR s ORDER SOMEONE TO DO A CLEAN UP OF POLLUTION IF THEY HAVENT DONE THIS WHEN THEY SHOULD HAVE
#/.#),)!4)/. 5.$%2 .%-! .%-! ALLOWS YOU TO ASK THE GOVERNMENT TO ARRANGE AND PAY FOR CONCILIATION OF A DISAGREEMENT WHEN s THE GOVERNMENT HAS DONE SOMETHING THAT MAY AFFECT THE ENVIRONMENT s YOU HAVE APPEALED AGAINST A DECISION OF THE GOVERNMENT
%.6)2/.-%.4 #/.3%26!4)/. !#4 .O OF 4HE %NVIRONMENT #ONSERVATION !CT IS THE OTHER LAW THAT RELATES GENERALLY TO THE ENVIRONMENT !LTHOUGH MOST OF THIS !CT HAS BEEN REPLACED BY .%-! THERE ARE STILL SOME IMPORTANT SECTIONS THAT REMAIN IN OPERATION 4HESE SECTIONS RELATE TO s LITTERING s WASTE MANAGEMENT s LIMITED DEVELOPMENT AREAS s REGULATIONS ON NOISE VIBRATION AND SHOCK
.!4)/.!, %.6)2/.-%.4!, -!.!'%-%.4 !)2 15!,)49 !#4 .O OF 4HE !IR 1UALITY !CT !1! CAME INTO EFFECT ON 3EPTEMBER 4HE PURPOSE OF THE !CT IS TO IMPROVE AIR QUALITY THROUGH A NUMBER OF LAWS AND REGULATIONS TO SET STANDARDS FOR MONITORING MANAGING AND CONTROLLING AIR QUALITY AND SET OUT FINES AND PENALTIES FOR PEOPLE WHO BREAK THE LAW 4HE !1! REQUIRES THE ESTABLISHMENT OF A NATIONAL FRAMEWORK FOR ACHIEVING THE OBJECT OF THE !CT AND THE ADOPTION OF NATIONAL PROVINCIAL AND LOCAL STANDARDS FOR AMBIENT AIR QUALITY !MBIENT AIR IS THE AIR IN THE ENVIRONMENT BUT EXCLUDES INDOOR AIR )MPORTANTLY THE !1! MAKES AIR QUALITY THE RESPONSIBILITY OF LOCAL GOVERNMENT THROUGH AIR QUALITY MANAGEMENT PLANS POLLUTION PREVENTION PLANS BY LAWS AND OTHER POLICIES #APE 4OWNS !IR 1UALITY -ANAGEMENT 5NIT IS PART OF THE #ITYS (EALTH $IRECTORATE AND WORKS IN PARTNERSHIP WITH 7ATER 3ERVICES AND %NVIRONMENTAL 2ESOURCE -ANAGEMENT 4HE #ITYS !IR 1UALITY -ANAGEMENT 5NIT HAS DEVELOPED AN !IR 1UALITY -ANAGEMENT 0LAN !1-0 IN TERMS OF THE !IR 1UALITY !CT 4HE !1-0 HAS THE FOLLOWING OBJECTIVES
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s s s s s s s s s s s
4O FORMULATE AN AIR QUALITY MANAGEMENT SYSTEM FOR THE #ITY OF #APE 4OWN 4O SPECIFY AMBIENT AIR QUALITY STANDARDS AND TARGETS FOR #APE 4OWN 4O MONITOR POLLUTANTS WHICH CAUSE BROWN HAZE AND AFFECT PEOPLES HEALTH 4O IMPROVE AIR QUALITY IN INFORMAL AREAS 4O ENFORCE CURRENT AND FUTURE LEGISLATION FOR AIR QUALITY MANAGEMENT 4O COMPILE A COMPREHENSIVE OMISSIONS DATABASE FOR THE #ITY OF #APE 4OWN 4O CONTROL EMISSIONS FROM VEHICLES IN THE #ITY 4O CONSIDER AIR QUALITY IN LAND USE AND TRANSPORT PLANNING 4O ESTABLISH THE BAD EFFECTS OF AIR POLLUTION ON THE PEOPLE WHO LIVE IN #APE 4OWN 4O ESTABLISH AN EDUCATION AND COMMUNICATION STRATEGY FOR AIR QUALITY MANAGEMENT 4O REVIEW THE AIR POLLUTION SITUATION ON AN ONGOING BASIS AND REPORT ON PROGRESS
(/7 $/%3 4(% !1! 2%'5,!4% !)2 15!,)49 4HE !1! AIMS TO REGULATE AIR THROUGH PROVIDING FOR s A NATIONAL AIR QUALITY FRAMEWORK WITH STANDARDS FOR MONITORING AMBIENT AIR QUALITY AND EMISSIONS
s THE COLLECTION AND MANAGEMENT OF AIR QUALITY DATA s PROVINCIAL ENVIRONMENTAL IMPLEMENTATION OR MANAGEMENT PLANS s LOCAL AIR QUALITY MANAGEMENT PLANS AND BY BY LAWS s THE CONTROL OF CERTAIN POLLUTING FUELS s THE CONTROL OF CERTAIN FUEL BURNING APPLIANCES s THE CONTROL OF DUST NOISE AND OFFENSIVE ODOURS s A LICENSING SYSTEM FOR CERTAIN FUELS APPLICANCES AND ACTIVITIES
490%3 /& !)2 0/,,54!.43 4(!4 !2% 2%'5,!4%$ "9 4(% !1! !IR POLLUTANTS ARE THINGS LIKE GASES AND PARTICLES THAT POLLUTE THE AIR 4HE !1! SETS LIMITS AND STANDARDS FOR THE CONCENTRATIONS OF THESE GASES AND PARTICLES 4HE FOLLOWING ARE SOME OF THE MOST IMPORTANT AIR POLLUTANTS #ARBON MONOXIDE n ITS MAIN SOURCE IS BURNING FUEL FROM MOTOR VEHICLES AS WELL AS FROM BURNING WOOD AND INDUSTRIAL PROCESSES 3ULPHUR DIOXIDE n COAL FIRED POWER STATIONS AND DIESEL ENGINES ARE THE MAIN SOURCES OF THIS GAS ,EAD n LEAD IS FOUND IN NON LEAD FREE FUELS PAINTS BATTERIES AND PIPES WHEN IT IS HEATED IT BECOMES A LIQUID AND APPEARS IN THE AIR AS FINE PARTICLES 0ARTICULATE MATTER n 0ARTICULATES ARE THE TINY PARTICLES IN THE AIR SUCH AS SOOT DUST SMOKE POLLEN ASH AEROSOLS AND DROPLETS OF LIQUID 4HIS CAN BE SEEN AS A WHITE OR BROWN HAZE 6ERY SMALL PARTICULATES CAN BE BREATHED DEEP INTO THE LUNGS 4HE SOURCES OF PARTICULATES INCLUDE FUELS DIESEL ENGINES WOOD BURNING INDUSTRIAL SMOKESTACKS AND CHIMNEYS #ARBON DIOXIDE n THIS IS CAUSED BY THE BURNING OF FUELS SUCH AS COAL PETROL AND DIESEL AND IS THE MOST IMPORTANT GREENHOUSE GAS CONTRIBUTING TO GLOBAL WARMING AND CLIMATE CHANGE 3OURCE #ITY OF #APE 4OWN !IR 1UALITY
.!4)/.!, 7!4%2 !#4 .O OF 4HE .ATIONAL 7ATER !CT RECOGNIZES THAT WATER IS A NATURAL RESOURCE THAT BELONGS TO ALL PEOPLE 4HE .ATIONAL 7ATER !CT REGULATES THE WAY IN WHICH PEOPLE OBTAIN THE RIGHT TO USE WATER AND PROVIDES FOR JUST AND EQUITABLE USE OF WATER RESOURCES 4HE !CT IDENTIFIES SUSTAINABILITY AND EQUALITY AS THE CENTRAL GUIDING PRINCIPLES IN THE PROTECTION USE AND MANAGEMENT OF WATER RESOURCES 4HESE GUIDING PRINCIPLES RECOGNISE s THE BASIC HUMAN NEEDS OF PRESENT AND FUTURE GENERATIONS s THE NEED TO PROTECT WATER RESOURCES s THE NEED TO SHARE SOME WATER RESOURCES WITH OTHER COUNTRIES AND s THE NEED TO PROMOTE SOCIAL AND ECONOMIC DEVELOPMENT THROUGH THE USE OF WATER .ATIONAL GOVERNMENT ACTING THROUGH THE -INISTER AND $EPARTMENT OF 7ATER !FFAIRS AND &ORESTRY IS RESPONSIBLE FOR ACHIEVING THESE BASIC PRINCIPLES 4HE -INISTER HAS THE FINAL RESPONSIBILITY TO FULFILL CERTAIN OBLIGATIONS RELATING TO THE USE ALLOCATION AND PROTECTION OF WATER RESOURCES
3%#4/2!, ,!73 2%,!4).' 4/ 4(% %.6)2/.-%.4 #ERTAIN ENVIRONMENTAL LAWS APPLY TO SPECIFIC ENVIRONMENTAL ISSUES SUCH AS LAND USE PLANNING AND DEVELOPMENT NATURAL RESOURCES AND POLLUTION CONTROL AND WASTE MANAGEMENT
7HEN DEALING WITH AN ENVIRONMENTAL ISSUE FALLING INTO ONE OF THESE THREE CATEGORIES YOU MUST CONSIDER BOTH THE SECTORAL LEGISLATION RELEVANT TO THE ISSUE AND THE FRAMEWORK LEGISLATION 3O FOR EXAMPLE IF YOU WERE LOOKING FOR LAWS RELATING TO THE DEVELOPMENT OF A STEEL MILL YOU WOULD LOOK UNDER ,AND USE 0LANNING AND $EVELOPMENT BECAUSE THE LAW RELATING TO PLANNING WOULD BE IMPORTANT /N THE OTHER HAND IF YOU NEEDED INFORMATION ABOUT HOW TO APPLY FOR A COMMERCIAL FISHING PERMIT OR COMMERCIAL FORESTRY PERMIT YOU WOULD LOOK AT THE LAWS DEALING WITH .ATURAL 2ESOURCES BECAUSE FISH AND FORESTS ARE NATURAL RESOURCES AND THERE ARE SPECIFIC LAWS THAT DEAL WITH THE ALLOCATION OF FISHING AND FORESTRY QUOTAS AND LICENSES 9OU MAY ALSO NEED TO CONSIDER FRAMEWORK LEGISLATION SUCH AS THE %)! PROVISIONS CONTAINED IN .%-! )F YOUR QUOTA OR LICENSE APPLICATION WAS REFUSED YOU COULD CONSIDER USING THE 0ROMOTION OF !DMINISTRATIVE *USTICE !CT TO OBTAIN REASONS FOR THE DECISION OR TO CHALLENGE THE DECISION !LL RELEVANT SECTORAL LEGISLATION HAS BEEN LISTED ACCORDING TO THE ABOVE THREE CATEGORIES IN THE CHECKLIST AT THE END OF THIS CHAPTER )T IS NOT POSSIBLE TO DEAL WITH THE DETAILS OF EACH OF THE LAWS LISTED 4HE CHECKLIST CAN BE USED TO HELP YOU FIND OUT THE LAWS THAT WILL APPLY IN A PARTICULAR SITUATION /NCE IT HAS BEEN ESTABLISHED WHICH LAWS APPLY YOU CAN THEN FOLLOW THE STEPS SET OUT IN THE SECTION ON 7AYS TO RESOLVE ENVIRONMENTAL DISPUTES ON PAGE 7E HAVE ALSO LISTED RELEVANT DRAFT LAWS CALLED "ILLS WHICH THE GOVERNMENT IS CURRENTLY DEVELOPING 4HESE WILL REPLACE MANY OF THE CURRENT LAWS IN THE FUTURE
7AYS TO RESOLVE ENVIRONMENTAL DISPUTES )T IS IMPORTANT TO NOTE THAT THERE ARE TWO WAYS TO RESOLVE ENVIRONMENTAL DISPUTES USING THE COURTS AND THE FORMAL LEGAL CHANNELS OR USING ALTERNATIVE @NON LEGAL METHODS SUCH AS PUBLIC CAMPAIGNS PETITIONS ETC )T MAY BE APPROPRIATE TO USE BOTH WAYS IN SPECIFIC SITUATIONS 7HEN DECIDING WHAT ACTION TO TAKE TO SOLVE AN ENVIRONMENTAL DISPUTE IT IS IMPORTANT TO FIRST DETERMINE WHAT RIGHTS HAVE BEEN INFRINGED /NCE YOU HAVE DONE THIS YOU WILL BE ABLE TO CONSIDER WHICH ACTION WOULD BE MOST APPROPRIATE (ERE IS A SUGGESTED FOUR STEP PLAN FOR DEALING WITH AN ENVIRONMENTAL DISPUTE 3TEP
%STABLISH WHICH RIGHTS ARE INFRINGED
3TEP
7ORK OUT WHAT YOU WANT TO DO TO ADDRESS THE INFRINGEMENT FOR EXAMPLE USE THE COURTS HOLD A PUBLIC DEMONSTRATION ETC
3TEP
$ECIDE WHO TO APPROACH FOR HELP
3TEP
$ECIDE WHAT STEPS TO TAKE IF YOU RECEIVE NO RESPONSE
3EE PAGE 2ESOURCES FOR USEFUL INFORMATION ON TAKING STEPS TO DEAL WITH ENVIRONMENTAL ISSUES IN PARTICULAR REFER TO THE WEBSITE OF THE $EPARTMENT OF %NVIRONMENTAL !FFAIRS AND 4OURISM WWWENVIRONMENTGOVZA
3/,6).' %.6)2/.-%.4!, $)3054%3 7)4(/54 '/).' 4/ #/524 4HERE ARE DIFFERENT WAYS IN WHICH ENVIRONMENTAL DISPUTES CAN BE SOLVED WITHOUT GOING TO COURT
05",)# 0!24)#)0!4)/. #ERTAIN ENVIRONMENTAL LAWS PROVIDE PUBLIC PARTICIPATION PROCEDURES WHEN THE RELEVANT AUTHORITIES MAKE DECISIONS SUCH AS WHETHER OR NOT TO ISSUE PERMITS OR LICENSES OR MAKE REGULATIONS UNDER THE LAW 4HESE LAWS INCLUDE THE %NVIRONMENT #ONSERVATION !CT .%-! .ATIONAL &ORESTS !CT AND THE -ARINE ,IVING 2ESOURCES !CT
4(% 02/-/4)/. /& !$-).)342!4)6% *534)#% !#4 4HIS ACT SETS OUT REQUIREMENTS FOR PROCEDURALLY FAIR ADMINISTRATIVE ACTION 4HIS RANGES FROM NOTICE AND COMMENT TYPE PROCEDURES TO PUBLIC HEARINGS )F THE AUTHORITY FAILS TO COMPLY WITH THESE PROCEDURES THEIR ACTIONS COULD BE HELD TO BE INVALID 3EE PAGE 2IGHT TO JUST ADMINISTRATIVE ACTION 4HE PUBLIC PARTICIPATION PROCEDURES PROVIDE VALUABLE OPPORTUNITIES FOR THE PUBLIC TO BECOME INVOLVED IN THE DECISIONS AND ACTIONS TAKEN UNDER THESE LAWS (OWEVER PUBLIC PARTICIPATION IN THESE PROCESSES MAY REQUIRE A FAIRLY HIGH LEVEL OF EXPERTISE AND AWARENESS OF PLANNING AND DEVELOPMENT PROCEDURES 0ARTNERSHIPS WITH ENVIRONMENTAL GROUPS AND FRIENDLY ACADEMICS WILL PROBABLY BE NECESSARY
%.6)2/.-%.4!, #!-0!)'.3 %NVIRONMENTAL ISSUES ARE INCREASINGLY BECOMING THE FOCUS OF PUBLIC CAMPAIGNS 4HESE ISSUES ARE OFTEN CALLED GREEN ISSUES "Y DRAWING THE ATTENTION OF THE GOVERNMENT AND DEVELOPERS TO THE FACTS IT MAY BE ENOUGH FOR THEM TO SEEK BETTER SOLUTIONS OR BE PREPARED TO NEGOTIATE )T IS OFTEN BEST TO TACKLE A PROBLEM BY APPEALING FOR NEGOTIATIONS OR MEDIATION WITH THOSE RESPONSIBLE FOR THE PROBLEM /THER ACTION SHOULD BE CONSIDERED SUCH AS PROTESTS MEDIA CAMPAIGNS AND FINALLY POSSIBLE COURT ACTION 9OU CAN APPROACH LOCAL COMMUNITY ORGANISATIONS TO ADD PRESSURE TO THE CAMPAIGN ,OCAL NEWSPAPERS MAY HELP BY PUBLICISING SOMETHING THAT IS HAPPENING IN THE ENVIRONMENT %NVIRONMENTAL ORGANISATIONS MAY BE INVOLVED IN HELPING TO DEVELOP GOVERNMENT POLICY EMPOWERING PEOPLE TO PARTICIPATE IN LAW MAKING OR POLICY PROCESSES OR PUBLIC PARTICIPATION PROCESSES LOBBYING FOR ENVIRONMENTAL CHANGES OR ACTIONS TAKING UP PEOPLES ENVIRONMENTAL RIGHTS TAKING UP ENVIRONMENTAL OR CONSERVATION ISSUES CAUSED BY EXISTING DEVELOPMENTS WORKING ON CONSERVATION AND SO ON 3EE PAGE 2ESOURCES FOR CONTACT DETAILS OF ENVIRONMENTAL ORGANIZATIONS
42!$% 5.)/.3 -EMBERS OF TRADE UNIONS CAN PLAY AN ACTIVE ROLE IN ENVIRONMENTAL ISSUES BY TAKING UP ISSUES RELATING TO WORKPLACE HEALTH AND SAFETY 4RADE UNIONS CAN EXTEND THEIR ACTIVITIES BEYOND IMMEDIATE WORKPLACE NEEDS TO THE WORKER ENVIRONMENT IN GENERAL 4RADE UNIONS CAN TAKE ACTION AGAINST INDUSTRIES THAT HAVE A BAD AFFECT ON THE ENVIRONMENTS WHERE COMMUNITIES LIVE &OR EXAMPLE IF A PARTICULAR INDUSTRY IS DUMPING ITS POISONOUS WASTE PRODUCTS INTO A RIVER WHICH RUNS THROUGH A TOWN THIS CAN BE VERY BAD FOR PEOPLE WHO USE THE RIVER OR CHILDREN WHO PLAY IN THE RIVER 4HE TRADE UNION CAN TAKE THIS UP WITH THE MANAGEMENT AND THREATEN TO TAKE ACTION UNLESS MANAGEMENT DOES SOMETHING ABOUT THE POLLUTION
,/""9).' ,/#!, '/6%2.-%.4 -ANY DECISIONS AFFECTING THE ENVIRONMENT TAKE PLACE AT A LOCAL LEVEL !LTHOUGH LAWS ABOUT ENVIRONMENTAL ISSUES ARE MADE AT NATIONAL AND PROVINCIAL LEVEL IMPLEMENTATION AND MONITORING OF THE LAWS IS OFTEN A LOCAL ISSUE &OR EXAMPLE IT IS AT LOCAL LEVEL THAT SETTLEMENTS ARE PLANNED AND DEVELOPMENT DECISIONS REGARDING INDUSTRIAL COMMERCIAL AND RESIDENTIAL GROWTH ARE TAKEN 4HE LOCAL COUNCIL MANAGES SEWAGE AND DRAINAGE WASTE DISPOSAL AND SO ON 3O IT IS AT LOCAL LEVEL THAT PEOPLE NEED TO CONTRIBUTE TO ENVIRONMENTAL DECISIONS AND TAKE UP ISSUES )F THERE IS A PARTICULAR ENVIRONMENTAL ISSUE IN YOUR AREA WHICH NEEDS ATTENTION YOU CAN GO TO THE LOCAL COUNCIL IN YOUR AREA AND POINT THIS OUT TO THEM )F THEY DONT TAKE ACTION THEN YOU CAN APPROACH THE RELEVANT DEPARTMENT IN THE NATIONAL GOVERNMENT 4HE NATIONAL $EPARTMENT OF %NVIRONMENT !FFAIRS AND PROVINCIAL $EPARTMENTS OF .ATURE #ONSERVATION ARE MAINLY RESPONSIBLE FOR ENVIRONMENTAL CONSERVATION "UT OTHER GOVERNMENT DEPARTMENTS WILL BE INVOLVED IF THE ISSUE IS ABOUT PROVIDING SAFE AND HEALTHY ENVIRONMENTS FOR PEOPLE 9OU COULD ALSO LOBBY PARLIAMENTARY PORTFOLIO COMMITTEES 3EE PAGE ,OBBYING
3/,6).' %.6)2/.-%.4!, $)3054%3 ). 4(% #/5243 4HERE ARE VARIOUS REMEDIES TO ENVIRONMENTAL PROBLEMS THAT ARE AVAILABLE THROUGH THE LEGAL SYSTEM (OWEVER USING THE COURTS TO SOLVE AN ENVIRONMENTAL PROBLEM CAN BE VERY EXPENSIVE BECAUSE OF THE LEGAL FEES INVOLVED &OR THIS REASON GOING TO COURT SHOULD BE SEEN AS THE LAST RESORT IN SOLVING A PROBLEM /THER @NON LEGAL METHODS SHOULD FIRST BE EXPLORED
,%'!, 34!.$).' 4/ "2).' ! -!44%2 "%&/2% 4(% #/524 4HE LAW SAYS THAT A PERSON MUST HAVE SOME PERSONAL INTEREST IN A MATTER IF THAT PERSON WANTS TO BRING THAT MATTER BEFORE THE COURT 4HIS RULE CALLED THE REQUIREMENT OF LOCUS STANDI HAS SOMETIMES COUNTED AGAINST A PERSON WHO HAS WANTED TO RAISE AN ENVIRONMENTAL ISSUE WITH THE COURT BECAUSE IT HAS BEEN FOUND THAT THEY DO NOT HAVE SUFFICIENT PERSONAL INTEREST IN THE MATTER (OWEVER THE #ONSTITUTION SAYS THAT IN ADDITION TO PEOPLE ACTING IN THEIR OWN INTEREST THE FOLLOWING PEOPLE CAN ALSO APPROACH A COURT WITH REGARD TO THE ISSUE OF AN INFRINGEMENT OF A PERSONS RIGHT s ANYONE ACTION ON BEHALF OF ANOTHER PERSON WHO CANNOT ACT IN THEIR OWN NAME s ANYONE ACTING AS A MEMBER OF OR IN THE INTEREST OF A GROUP OR CLASS OF PERSONS s ANYONE ACTING IN THE PUBLIC INTEREST s AN ASSOCIATION ACTING IN THE INTERESTS OF ITS MEMBERS 3O INDIVIDUALS AND .ON 'OVERNMENTAL /RGANISATIONS .'/S ARE ALLOWED TO TAKE ACTION TO PROTECT THE ENVIRONMENT IN THE PUBLIC INTEREST /NE PERSON FROM THE GROUP CAN REPRESENT THE INTERESTS OF THE WHOLE GROUP )F THE GROUP DOESNT HAVE SUFFICIENT FUNDS TO PAY THE LEGAL COSTS THEN AN .'/ COULD TAKE ACTION .%-! ALSO SAYS THAT A PERSON CAN APPROACH THE COURT FOR RELIEF FOR A BREACH OR THREATENED BREACH OF .%-! OR ANY OTHER ENVIRONMENTAL LAW IF IT IS s IN THAT PERSONS OR GROUP OF PERSONS OWN INTEREST s IN THE INTEREST OF OR ON BEHALF OF A PERSON WHO IS FOR PRACTICAL REASONS UNABLE TO INSTITUTE SUCH PROCEEDINGS s IN THE INTEREST OF OR ON BEHALF OF A GROUP OR CLASS OF PERSONS WHOSE INTERESTS ARE AFFECTED s IN THE PUBLIC INTEREST AND s IN THE INTEREST OF PROTECTING THE ENVIRONMENT .%-! ALSO CONTAINS SOME PROVISIONS RELATING TO THE LEGAL COSTS ASSOCIATED WITH TAKING A MATTER TO COURT )T SAYS THAT IF A PERSON BRINGS A MATTER TO COURT IN THE ENVIRONMENTAL OR PUBLIC INTEREST AND LOSES THE COURT DOES NOT HAVE TO ORDER THEM TO PAY THE COSTS OF THE WINNING PARTY )N ADDITION IF THE PERSON WINS THE COURT CAN GRANT THEM CERTAIN ADDITIONAL LEGAL COSTS TO THAT WHICH THEY WOULD ORDINARILY HAVE BEEN ENTITLED;DELETED= 4HESE PROVISIONS SHOULD ASSIST PEOPLE WHO WISH TO BRING MATTERS TO COURT IN THE ENVIRONMENTAL OR PUBLIC INTEREST
490%3 /& ,%'!, 2%-%$)%3 34!454/29 2%-%$)%3 4HE VARIOUS LAWS LISTED ABOVE EACH PROVIDE LEGAL REMEDIES THAT ARE PARTICULAR TO THE INDIVIDUAL LAW )N ORDER TO USE THESE REMEDIES YOU WILL NEED TO DETERMINE WHICH LAW IS RELEVANT TO A PERSONS SPECIFIC NEEDS AND PERHAPS WITH THE HELP OF AN ATTORNEY DECIDE HOW TO USE THE SPECIFIC LAW !SK THE FOLLOWING QUESTIONS WHEN TRYING TO ESTABLISH WHICH LAW APPLIES TO YOUR CLIENTS QUERY s 7HAT DO .%-! OR ANY OF THE OTHER FRAMEWORK ENVIRONMENTAL LAWS SAY 3EE PAGE &RAMEWORK ENVIRONMENTAL LAWS s 7HAT OTHER SECTORAL LAWS DOES THE QUERY RELATE TO &OR EXAMPLE DOES IT RELATE TO POLLUTION AND WASTE MANAGEMENT LAND USE PLANNING AND DEVELOPMENT NATURAL RESOURCES OR WORKERS ENVIRONMENTAL RIGHTS
/NCE YOU HAVE IDENTIFIED THE APPLICABLE LAW YOU MUST DECIDE WHAT LEGAL REMEDY YOU WISH TO PURSUE 4HE REMEDIES THAT FOLLOW ARE USEFUL IN THE PROTECTION OF ENVIRONMENTAL RIGHTS
4(% ).4%2$)#4 4HE COURTS CAN BE APPROACHED TO INTERDICT A PERSON FROM DOING A HARMFUL ACTION WITHOUT GOING THROUGH THE PROCESS OF CLAIMING DAMAGES 3EE PAGE )NTERDICTS 4HERE ARE THREE BASIC REQUIREMENTS FOR GRANTING AN INTERDICT s THERE MUST BE AN ACTION WHICH CAN ALREADY BE HAPPENING OR ABOUT TO START s THE ACTION MUST BE WRONGFUL n THIS ALSO MEANS THAT THE PERSON ASKING FOR THE INTERDICT MUST HAVE A CLEAR RIGHT THAT IS IN NEED OF PROTECTION s THE PERSON ASKING FOR THE INTERDICT MUST HAVE NO OTHER REMEDY AVAILABLE TO HIM %8!-0,%
'%44).' !. ).4%2$)#4
-EMBERS OF YOUR COMMUNITY LIVE NEAR A SAWMILL WHICH PREPARES WOOD PLANKS FOR SALE TO THE BUILDING TRADE /NCE THE PLANKS ARE MADE THE REMAINING SAWDUST AND WOOD CHIPS ARE BURNT 4HIS RESULTS IN HUGE CLOUDS OF SMOKE WHICH CAUSES BAD AIR POLLUTION IN THE AREA #HILDREN LIVING NEAR THE SAWMILL HAVE STARTED DEVELOPING SERIOUS ASTHMA SYMPTOMS WHICH THE DOCTOR SAYS IS CAUSED BY THE POLLUTION "Y CAUSING THE AIR POLLUTION THE SAW MILL IS INFRINGING PEOPLES ENVIRONMENTAL RIGHTS )T IS ALSO LIKELY THAT THE SAW MILL IS GOING AGAINST THE REQUIREMENTS OF A SPECIFIC LAW 4HIS FACTOR WILL ADD WEIGHT TO THE ARGUMENT THAT MUST BE PUT BEFORE THE COURT WHEN THE APPLICATION FOR AN INTERDICT IS BROUGHT 4HERE IS ALSO NO OTHER REMEDY AVAILABLE TO THE PEOPLE LIVING NEAR THE SAWMILL 4HE COMMUNITY COULD BRING AN APPLICATION FOR AN INTERDICT ORDERING THE OWNERS OF THE SAW MILL TO STOP THE BURNING PROCESS
!00%!, !.$ 2%6)%7 2EVIEW REFERS TO THE COURTS ABILITY TO QUESTION WHETHER THE PROCEDURE FOLLOWED FOR THE MAKING OF AN ADMINISTRATIVE DECISION BY GOVERNMENT WAS CORRECT 9OU CAN APPROACH THE COURT TO REVIEW AN ADMINISTRATIVE DECISION WHEN YOU FEEL THAT CORRECT PROCEDURES HAVE NOT BEEN FOLLOWED WHEN TAKING AN ADMINISTRATIVE DECISION &OR EXAMPLE A FACTORY HAS BEEN SET UP WITHOUT THE PEOPLE WHO LIVE NEAR THE FACTORY BEING GIVEN A CHANCE TO EXPRESS THEIR VIEWS ON WHETHER THEY WANT THE FACTORY TO BE BUILT OR NOT $IFFERENT LAWS SET OUT DIFFERENT PERIODS WITHIN WHICH YOU MUST REVIEW A DECISION AND YOU SHOULD ABIDE BY THESE TIME PERIODS 9OU WILL NEED TO CONSULT AN ATTORNEY IN ORDER TO APPLY FOR A REVIEW 3EE PAGE 7HAT IS A REVIEW !PPEAL IS ANOTHER WAY IN WHICH WE CAN CHALLENGE THE OUTCOME OF AN ADMINISTRATIVE DECISION 7HILE REVIEW LIMITS US TO TESTING WHETHER THE PROCEDURE THAT WAS FOLLOWED IN MAKING AN ADMINISTRATIVE DECISION WAS CORRECTLY FOLLOWED WHEN YOU APPEAL AGAINST AN ADMINISTRATIVE DECISION YOU ARE ASKING THE COURT TO LOOK AT THE REASONS WHY THE DECISION WAS MADE )N OTHER WORDS YOU ASK THE COURT TO LOOK AT THE INFORMATION THAT WAS CONSIDERED BY THE DECISION MAKER IN COMING TO THE DECISION 9OU CAN APPEAL AGAINST THE OUTCOME OF AN ADMINISTRATIVE DECISION WHEN YOU FEEL THAT THE INFORMATION AVAILABLE TO THE DECISION MAKER SHOULD HAVE RESULTED IN A DECISION DIFFERENT FROM THE ONE THAT WAS GIVEN $IFFERENT LAWS SET OUT DIFFERENT PERIODS WITHIN WHICH YOU MUST APPEAL A DECISION AND YOU SHOULD ABIDE BY THESE TIME PERIODS 9OU WILL NEED TO CONSULT AN ATTORNEY IN ORDER TO LODGE AN APPEAL 3EE PAGE 7HAT IS AN APPEAL
$%,)#45!, #,!)9OU CAN MAKE A DELICTUAL CLAIM WHEN THE ACTIONS OF ANOTHER PERSON HAVE CAUSED HARM TO YOUR PROPERTY OR YOURSELF 4HE HARM IS REPRESENTED AS AN AMOUNT OF MONEY WHICH IS PAID TO YOU BY THE WRONGDOER TO COMPENSATE YOU FOR THE HARM YOU HAVE SUFFERED 9OU WILL NEED TO CONSULT AN ATTORNEY TO BRING A DELICTUAL CLAIM BEFORE THE COURT 3EE PAGE ,AW OF $ELICT
02/",%-3 -AKING COMPLAINTS ABOUT ENVIRONMENTAL PROBLEMS ).$5342)!, &5-%3 ! SMALL FACTORY IN YOUR NEIGHBOURHOOD IS BURNING SOMETHING THAT GIVES OFF FUMES AND CLOUDS OF SMOKE THAT MAKE YOU FEEL ILL
7(!4 #!. 9/5 $/ 7RITE A LETTER TO THE COMMITTEE IN THE MUNICIPALITY THAT DEALS WITH ENVIRONMENTAL ISSUES REPORTING THE MATTER AND ASKING THEM TO INVESTIGATE
2!7 3%7%2!'% ! SEWERAGE TREATMENT PLANT REGULARLY OVERFLOWS AND RAW SEWERAGE IS PUMPED INTO A RIVER WHERE CHILDREN PLAY
7(!4 #!. 9/5 $/ 7RITE A LETTER OF COMPLAINT TO THE $EPARTMENT OF 7ATER !FFAIRS AND &ORESTRY AND TO THE COMMITTEE IN THE MUNICIPALITY THAT DEALS WITH WATER AFFAIRS
,/#!, $%6%,/0-%.4 9OUR MUNICIPALITY IS MAKING A DECISION ABOUT A DEVELOPMENT THAT WILL CHANGE THE ENVIRONMENT IN THE AREA 9OU FEEL CERTAIN PRINCIPLES OF .%-! HAVENT BEEN FOLLOWED IN THE PLANNING PROCESS AND YOU ARE AFRAID THAT THE DEVELOPMENT WILL GO AHEAD
7(!4 #!. 9/5 $/ 9OU CAN s !PPROACH THE FULL TIME COUNCIL OFFICIALS LIKE THE 4OWN 0LANNING $EPARTMENT AND EXPLAIN YOUR CONCERN !SK FOR INFORMATION ABOUT THE DEVELOPMENT AND WHICH COMMITTEES WILL BE DECIDING THE ISSUE s 2EPORT YOUR CONCERNS AND RECOMMENDATIONS TO THE CHAIRPERSON OF THE RELEVANT LOCAL GOVERNMENT COMMITTEE THAT IS RESPONSIBLE FOR MAKING DECISIONS REGARDING DEVELOPMENT !SK THEM FOR FEEDBACK WITHIN A SPECIFIED PERIOD OF TIME s )F THE COMMITTEE DOES NOT RESPOND TO YOUR RECOMMENDATIONS WRITE A LETTER OF COMPLAINT TO THE COUNCIL EXECUTIVE COMMITTEE 7ARN THEM IF YOU BELIEVE THEY DID NOT FOLLOW THE RIGHT PROCEDURES OR WENT AGAINST .%-! 4ELL THEM YOU MIGHT GO TO COURT AND CHALLENGE THEIR DECISION 7AIT FOR THE RESPONSE TO YOUR COMPLAINT )F IT GOES AGAINST YOU THINK ABOUT APPEALING OR APPLYING FOR CONCILIATION AND ONLY THEN CONSIDER GOING TO COURT TO SET THE DECISION ASIDE
!PPEALING AGAINST GOVERNMENT ENVIRONMENT DECISIONS ,!.$ 53% 4HE GOVERNMENT PLANS TO USE LAND IN A CERTAIN WAY AND YOU THINK IT IS GOING TO HAVE A BAD AFFECT ON THE ENVIRONMENT
7(!4 #!. 9/5 $/ 7RITE A LETTER APPEALING AGAINST THE DECISION )N YOUR LETTER s EXPLAIN YOUR COMPLAINT IN DETAIL s SAY WHICH .%-! ENVIRONMENTAL PRINCIPLES HAVE BEEN DISOBEYED 3EE PAGE 7HAT ARE THE .%-! PRINCIPLES s SAY WHICH LAW HAS BEEN BROKEN AND WHY YOU THINK THE DECISION IS UNREASONABLE 3EE PAGE #HECKLIST OF SECTORAL LAWS )F YOU ARE NOT SATISFIED WITH THE RESULT OF YOUR APPEAL YOU CAN ASK THE GOVERNMENT TO FIND AND PAY FOR A CONCILIATOR TO TRY TO SOLVE THE DISPUTE
#OMPLAINING TO THE $IRECTOR 'ENERAL 0/,,54)/. ! GROUP OF PEOPLE HAVE BEEN BURNING LARGE NUMBERS OF TYRES IN AN OPEN FIELD IN ORDER TO SELL THE STEEL THAT IS FOUND INSIDE THE TYRES 9OUR MUNICIPALITY HAS BEEN UNABLE TO CATCH THEM OR STOP THEM BURNING THE TYRES 4HE LAND OWNER CANNOT CONTROL THE TYRE BURNERS EITHER
7(!4 #!. 9/5 $/ &IRST COMPLAIN TO THE MUNICIPALITY AND THEN THE PROVINCIAL GOVERNMENT )F YOU ARE NOT SATISFIED WITH THE STEPS TAKEN BY THE MUNICIPALITY OR PROVINCIAL GOVERNMENT YOU SHOULD WRITE TO THE $IRECTOR 'ENERAL OR PROVINCIAL HEAD OF DEPARTMENT 9OU MUST s WRITE A STATEMENT OF THE FACTS OF THE COMPLAINT s ADD COPIES OF ALL LETTERS OF COMPLAINT TO OTHER GOVERNMENT OFFICIALS AND ANSWERS RECEIVED s ADD MAPS PHOTOGRAPHS OR VIDEO EVIDENCE MEDICAL EVIDENCE OF INJURY AND SO ON IF YOU HAVE THIS )F YOU MAKE A COMPLAINT TO THE $IRECTOR 'ENERAL OR PROVINCIAL HEAD THEY MUST INVESTIGATE THE CASE AND TELL THE POLLUTER TO TAKE REASONABLE STEPS TO STOP THE PROBLEM BY A CERTAIN DATE )F YOU ARE NOT SATISFIED WITH THE RESULT OF YOUR COMPLAINT YOU CAN ASK THE GOVERNMENT TO FIND AND PAY FOR A CONCILIATOR TO TRY TO SOLVE THE DISPUTE 3EE PAGE .ATIONAL %NVIRONMENTAL -ANAGEMENT !IR 1UALITY !CT .O OF
!PPLYING FOR CONCILIATION OR ARBITRATION '/6%2.-%.4 !.$ #/--5.)49 $%!$,/#+ 4HE GOVERNMENT DECIDES TO ALLOW A DAM TO BE BUILT THAT WILL DESTROY MANY VILLAGES AND NATURAL AREAS ! STUDY WAS DONE ON THE LIKELY IMPACT ON THE ENVIRONMENT ENVIRONMENTAL IMPACT ASSESSMENT "UT THE ENVIRONMENTAL IMPACT ASSESSMENT REPORT DOES NOT TAKE INTO ACCOUNT CULTURAL NEEDS LIKE THE FACT THAT THE DAM WILL FLOOD GRAVES AND RELIGIOUS SITES 4HE LOCAL COMMUNITY IS AGAINST THE DAM DEVELOPMENT BECAUSE OF THIS 4HE COMMUNITY AND THE GOVERNMENT CANNOT RESOLVE THEIR DIFFERENCES
7(!4 #!. 9/5 $/ 7RITE A LETTER TO THE MINISTER MEMBER OF PROVINCIAL EXECUTIVE COUNCIL OR MUNICIPAL COUNCIL WHICHEVER ONE IS CONCERNED WITH THE DISPUTE AND ASK THEM TO REFER THE DISPUTE TO A CONCILIATOR OR FACILITATOR )F THE PARTIES CANNOT AGREE THE CONCILIATOR CAN ASK THE TWO PARTIES WHETHER THEY WOULD LIKE THE CASE TO GO TO ARBITRATION 4HE ARBITRATORSg DECISION WILL THEN BE FINAL
(ARM TO THE ENVIRONMENT 7/2+%23 #!. 2%&53% 7/2+ 4(!4 (!2-3 4(% %.6)2/.-%.4 9OU WORK FOR A DOCTOR AND YOUR WORK INCLUDES CLEANING UP AND THROWING AWAY WASTE 4HE DOCTOR ALWAYS TELLS YOU TO THROW THE MEDICAL WASTE IN A NEARBY EMPTY FIELD 9OU FEEL THIS IS WRONG AND ONE DAY YOU TELL THE DOCTOR WHY YOU THINK IT IS WRONG 4HE DOCTOR THREATENS TO DISMISS YOU
7(!4 #!. 9/5 $/ 9OU CAN TELL THE DOCTOR THAT .%-! SAYS YOU CANNOT BE DISMISSED FOR REFUSING TO DO THIS
2%0/24).' !#4)6)4)%3 4(!4 (!2- 4(% %.6)2/.-%.4 9OU WORK FOR A COMPANY THAT GROWS VEGETABLES /NE OF YOUR BOSSES IS SECRETLY USING A BANNED PESTICIDE ON ONE OF THE FARMS IN ORDER TO GROW MORE VEGETABLES
7(!4 #!. 9/5 $/ 9OU SHOULD REPORT THIS TO SOMEONE SENIOR IN THE COMPANY )F THE ACTIVITY CARRIES ON YOU CAN REPORT IT TO A COMMITTEE OF PARLIAMENT OR THE PROVINCIAL LEGISLATURE TO THE 0UBLIC 0ROTECTOR !TTORNEY 'ENERAL OR THE 3OUTH !FRICAN (UMAN 2IGHTS #OMMISSION .%-! HELPS PROTECT YOU AGAINST BEING VICTIMISED FOR BLOWING THE WHISTLE ON YOUR BOSS
#(%#+,)343 "EST ACTION TO TAKE WHEN DEALING WITH ENVIRONMENTAL ISSUES 4HESE ARE THINGS TO THINK ABOUT WHEN CHOOSING THE BEST ACTION TO TAKE WHEN SOMEONE OR THE GOVERNMENT HAS DONE SOMETHING BAD TO THE ENVIRONMENT s (OW MUCH WILL IT COST TO TAKE THIS ACTION s (OW LONG WILL THE ACTION TAKE s !RE WE LIKELY TO ACHIEVE OUR AIMS s "ESIDE FINANCIAL BACKING WHAT OTHER SUPPORT DO WE NEED SUCH AS TECHNICAL SUPPORT TO ACHIEVE OUR AIMS s )S THIS SUPPORT AVAILABLE
3ECTORAL LAWS 4HE LAWS LISTED HERE ARE ONLY THE MOST IMPORTANT NATIONAL LAWS THAT DEAL SPECIFICALLY WITH ENVIRONMENTAL ISSUES 0ROVINCIAL LAWS ARE NOT INCLUDED 3EE PAGE 3ECTORAL LAWS
,!.$ 53% 0,!..).' !.$ $%6%,/0-%.4 ,!.$ 2%&/2s 5PGRADING OF ,AND 4ENURE 2IGHTS !CT OF s ,ESS &ORMAL 4OWNSHIPS %STABLISHMENT !CT OF s 2ESTITUTION OF ,AND 2IGHTS !CT OF s ,AND 2EFORM ,ABOUR 4ENANTS !CT OF s #OMMUNAL 0ROPERTY !SSOCIATIONS !CT OF s )NTERIM 0ROTECTION OF )NFORMAL ,AND 2IGHTS !CT OF s %XTENSION OF 3ECURITY OF 4ENURE !CT OF s 0REVENTION OF )LLEGAL %VICTION AND 5NLAWFUL /CCUPATION OF ,AND !CT OF s #OMMUNAL ,AND 2IGHTS !CT OF 0,!..).' s 4HE $EVELOPMENT &ACILITATION !CT OF s ,OCAL 'OVERNMENT 4RANSITION !CT OF s ,OCAL 'OVERNMENT -UNICIPAL 3TRUCTURES !CT OF s ,OCAL 'OVERNMENT -UNICIPAL 3YSTEMS !CT OF s .ATIONAL "UILDING 2EGULATIONS AND "UILDING 3TANDARDS !CT OF %.6)2/.-%.4!, !33%33-%.4 s %NVIRONMENT #ONSERVATION !CT OF AND 2EGULATIONS 2 TO 2 IN 'OVERNMENT 'AZETTE .O OF 3EPTEMBER s .ATIONAL %NVIRONMENTAL -ANAGEMENT !CT OF #HAPTER s -INERALS AND 0ETROLEUM 2ESOURCES $EVELOPMENT !CT OF s -ARINE ,IVING 2ESOURCES !CT OF .ATIONAL 7ATER !CT OF 02/4%#4%$ !2%!3 s .%- 0ROTECTED !REAS !CT OF s .ATIONAL &ORESTS !CT OF s %NVIRONMENT #ONSERVATION !CT OF s 7ORLD (ERITAGE #ONVENTION !CT OF
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.!452!, 2%3/52#%3 !'2)#5,452!, 2%3/52#%3 s #ONSERVATION OF !GRICULTURAL 2ESOURCES !CT OF s 4HE &ERTILIZERS &ARM &EEDS !GRICULTURAL 2EMEDIES AND 3TOCK 2EMEDIES !CT OF s !GRICULTURAL 0ESTS !CT OF s &OODSTUFFS #OSMETICS AND $ISINFECTANTS !CT OF 3UBDIVISION OF !GRICULTURAL ,ANDS !CT OF s 3USTAINABLE 5SE OF !GRICULTURAL 2ESOURCES "ILL WILL REPEAL THE #ONSERVATION OF !GRICULTURAL 2ESOURCES !CT ")/$)6%23)49 !.$ '%.%4)# -/$)&)#!4)/. s .%- "IODIVERSITY !CT OF s 'ENETICALLY -ODIFIED /RGANISMS !CT OF s 0LANT "REEDERS 2IGHTS !CT OF s 0LANT )MPROVEMENT !CT OF s !NIMAL )MPROVEMENT !CT OF s #ONSERVATION OF !GRICULTURAL 2ESOURCES !CT OF 7),$ !.)-!,3 &/2%343 !.$ 0,!.43 s 'AME 4HEFT !CT OF s !NIMALS 0ROTECTION !CT OF s .ATIONAL &ORESTS !CT OF s .ATIONAL 6ELD AND &OREST &IRE !CT OF ,)6).' -!2).% 2%3/52#%3 s -ARINE ,IVING 2ESOURCES !CT OF s 3EA "IRDS AND 3EALS 0ROTECTION !CT OF 7!4%2 s .ATIONAL 7ATER !CT OF s 4HE 7ATER 3ERVICES !CT OF s 4HE -OUNTAIN #ATCHMENT !REAS !CT OF -).).' !.$ %.%2'9 s -INERALS AND 0ETROLEUM 2ESOURCES $EVELOPMENT !CT OF s .UCLEAR %NERGY !CT OF s .ATIONAL .UCLEAR 2EGULATOR !CT OF s -INE (EALTH AND 3AFETY !CT OF s %LECTRICITY !CT OF s 0ETROLEUM 0RODUCTS !CT OF (%2)4!'% 2%3/52#%3 s .ATIONAL (ERITAGE 2ESOURCES !CT OF s .ATIONAL (ERITAGE #OUNCIL !CT OF
0/,,54)/. #/.42/, !.$ 7!34% -!.!'%-%.4 ,!.$ s .ATIONAL %NVIRONMENT -ANAGEMENT !CT OF s %NVIRONMENT #ONSERVATION !CT OF s (EALTH !CT OF s 4HE (AZARDOUS 3UBSTANCES !CT OF s &OODSTUFFS #OSMETICS AND $ISINFECTANTS !CT OF s -INERALS AND 0ETROLEUM 2ESOURCES $EVELOPMENT !CT OF s .UCLEAR %NERGY !CT OF s .ATIONAL .UCLEAR 2EGULATOR !CT OF s /CCUPATIONAL (EALTH AND 3AFETY !CT OF s .%- )NTEGRATED 7ASTE -ANAGEMENT "ILL WILL REPLACE %NVIRONMENTAL #ONSERVATION !CT !)2 s !TMOSPHERIC 0OLLUTION 0REVENTION !CT OF s .%- !IR 1UALITY "ILL WILL REPLACE !TMOSPHERIC 0OLLUTION 0REVENTION !CT
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%NVIRONMENT #ONSERVATION !CT .O OF .ATIONAL %NIRONMENTAL -ANAGEMENT !IR 1UALITY !CT .O OF !1! (OW DOES THE !1! REGULATE AIR QUALITY 4YPES OF AIR POLLUTANTS THAT ARE REGULATED BY THE !1! .ATIONAL 7ATER !CT .O OF 3ECTORAL LAWS RELATING TO THE %NVIRONMENT
7!93 4/ 2%3/,6% %.6)2/.-%.4!, $)3054%3
3OLVING ENVIRONMENT DISPUTES WITHOUT GOING TO COURT 0UBLIC PARTICIPATION 4HE 0ROMOTION OF !DMINISTRATIVE *USTICE !CT %NVIRONMENTAL CAMPAIGNS 4RADE UNIONS ,OBBYING LOCAL GOVERNMENT 3OLVING ENVIRONMENTAL DISPUTES IN THE COURTS ,EGAL STANDING TO BRING A MATTER BEFORE THE COURT 4YPES OF LEGAL REMEDIES 3TATUTORY REMEDIES 4HE INTERDICT !PPEAL AND REVIEW $ELICTUAL #LAIM
02/",%-3
-AKING COMPLAINTS ABOUT ENVIRONMENTAL PROBLEMS !PPEALING AGAINST GOVERNMENT ENVIRONMENT DECISIONS #OMPLAINING TO THE $IRECTOR 'ENERAL !PPLYING FOR CONCILIATION OR ARBITRATION (ARM TO THE ENVIRONMENT 7ORKERS CAN REFUSE WORK THAT HARMS THE ENVIRONMENT 2EPORTING ACTIVITIES THAT HARM THE ENVIRONMENT
#(%#+,)343
"EST ACTION TO TAKE WHEN DEALING WITH ENVIRONMENTAL ISSUES 3ECTORAL LAWS ,AND USE PLANNING AND DEVELOPMENT .ATURAL RESOURCES 0OLLUTION CONTROL AND WASTE MANAGEMENT )N THE WORKPLACE
2%3/52#%3
)NTRODUCTION 0ARTS OF THIS CHAPTER HAVE BEEN SUBSTANTIALLY ADAPTED FROM %NVIRONMENTAL ,AW IN 3OUTH !FRICA BY 0ROF *AN 'LAZEWSKI #ERTAIN INFORMATION HAS ALSO BEEN TAKEN FROM %NVIRONMENTAL ,AWS OF 3OUTH !FRICA BY 0 7 ' (ENDERSON 4HE #ONSTITUTION SAYS THAT EVERYONE HAS THE RIGHT TO A SAFE AND HEALTH ENVIRONMENT 7HAT IS THE ENVIRONMENT )T IS A VERY BROAD CONCEPT AND IS GENERALLY UNDERSTOOD TO MEAN THE SURROUNDINGS WHICH WE LIVE IN WHICH INCLUDE THINGS SUCH AS LAND WATER AND ATMOSPHERE OF THE EARTH PLANTS AND ANIMALS THE RELATIONSHIPS BETWEEN THESE NATURAL RESOURCES AND ANIMALS AND THE CONDITIONS THAT INFLUENCE PEOPLES HEALTH AND WELL BEING
7(9 $/ 7% .%%$ 4/ 02/4%#4 4(% %.6)2/.-%.4 4HE QUALITY OF OUR ENVIRONMENT AFFECTS ALL OF US NO MATTER WHERE WE LIVE 7HEN PEOPLE ABUSE THE ENVIRONMENT THIS AFFECTS US ALL )F WATER IS POLLUTED IF THE AIR IS FULL OF SMOKE AND CHEMICALS IF FOOD CONTAINS POISONS PEOPLE AND PLANTS AND ANIMALS GET SICK -ANY OF THE NATURAL RESOURCES WHICH WE USE EVERY DAY SUCH AS WATER WOOD MINERALS AND FISH WILL SOON RUN OUT IF WE DO NOT LIMIT THE RATE AT WHICH WE USE THEM !LL PEOPLE ALSO HAVE A RESPONSIBILITY TO PROTECT AND USE THE ENVIRONMENT IN A WAY THAT WILL PROTECT IT FOR OURSELVES OUR CHILDREN AND OUR GRANDCHILDREN -ANY PEOPLE BELIEVE THAT HUMAN NEEDS ARE MORE IMPORTANT THAN THE ENVIRONMENT 4HEY SAY THAT OUR MAJOR AIM MUST BE CREATING ECONOMIC GROWTH AND JOBS AND THAT THE GREEN ENVIRONMENTAL AGENDA MUST TAKE SECOND PLACE 3OME PEOPLE FEEL HURT OR INSULTED WHEN OTHERS SHOW CONCERN OVER ENDANGERED SPECIES LIKE RHINOS WHEN CHILDREN DO NOT HAVE ENOUGH TO EAT "UT THE ENVIRONMENT IS REALLY THE WHOLE PLANET ON WHICH WE LIVE %VERYTHING WINDS TREES ANIMALS INSECTS PEOPLE ETC FORMS PART OF THE LIVING SYSTEM OF EARTH "ECAUSE THE EARTH HAS BEEN SO BADLY EXPLOITED AND NOT PROTECTED THIS HAS CREATED CHANGES IN WEATHER PATTERNS 4HERE ARE MORE DROUGHTS AND MORE FLOODS GOOD FARM LAND IS TURNING INTO DESERT THE TEMPERATURE IS RISING AND MOST IMPORTANT THE OZONE LAYER THAT SHOULD PROTECT US FROM THE DANGEROUS RAYS OF THE SUN HAS BEEN DAMAGED AND DOES NOT WORK AS EFFECTIVELY AS IT DID BEFORE !LL THIS IMPACTS ON HOW PEOPLE LIVE AND IT IS THE REASON WHY PEOPLE NOW TALK ABOUT THE TERM SUSTAINABLE DEVELOPMENT
7(!4 )3 3534!).!",% $%6%,/0-%.4 3USTAINABLE DEVELOPMENT REFERS TO DEVELOPMENT THAT CAN CONTINUE ON AN ONGOING BASIS BECAUSE IT DOES NOT DO IRREVERSIBLE HARM TO THE ENVIRONMENT $EVELOPMENT LIKE THIS SHOULD BALANCE SOCIAL ECONOMIC AND ENVIRONMENTAL CONCERNS 4HIS IS NOT EASY BECAUSE THESE THREE CONCERNS OFTEN COMPETE WITH EACH OTHER &OR EXAMPLE A SUSTAINABLE FORESTRY INDUSTRY SHOULD ALLOW A CERTAIN NUMBER OF TREES TO BE CUT DOWN AND USED BY PEOPLE BUT AT THE SAME TIME MAKE SURE THAT ENOUGH TREES ARE LEFT TO BE CUT DOWN AND USED IN THE FUTURE 4HIS COULD BE ACHIEVED BY CUTTING DOWN SOME OF THE TREES AND ALSO PLANTING NEW TREES TO REPLACE THOSE HARVESTED SO THAT THERE WILL BE TREES IN THE YEARS AHEAD )T IS CLEAR THAT SUSTAINABLE DEVELOPMENT IS AN INTERNATIONAL ISSUE 3OUTH !FRICA HAS SIGNED AND RATIFIED CERTAIN IMPORTANT INTERNATIONAL CONVENTIONS THAT AIM TO PROTECT THE ENVIRONMENT
7()#( ,!73 !2% 2%,%6!.4 4/ 4(% %.6)2/.-%.4 4HERE ARE THREE CATEGORIES OF LAW IN 3OUTH !FRICA THAT AFFECT THE RELATIONSHIP BETWEEN PEOPLE AND THE ENVIRONMENT s THE #ONSTITUTION WHICH PROTECTS OUR RIGHT TO ENJOY AND HAVE ACCESS TO THE ENVIRONMENT
s THE #OMMON ,AW WHICH REGULATES HOW PEOPLE INTERACT WITH EACH OTHER IN THE CONTEXT OF THE ENVIRONMENT AND WHICH PROTECTS OUR USE AND ENJOYMENT OF OUR OWN PROPERTY FOR EXAMPLE BUT LIMITS IT IN CERTAIN WAYS SO THAT THIS USE AND ENJOYMENT DOES NOT INTERFERE WITH THE RIGHTS OF OTHER PEOPLE s .ATIONAL 0ROVINCIAL AND -UNICIPAL ,AWS SOME LAWS ARE LIKE A FRAMEWORK BECAUSE THEY APPLY ACROSS ALL ASPECTS OF THE ENVIRONMENT /THER LAWS ARE SECTORAL IN NATURE AS THEY ONLY APPLY TO CERTAIN PARTS OF THE ENVIRONMENT SUCH AS WATER FISH PLANTS TREES MINERALS ETC )T IS VERY IMPORTANT TO UNDERSTAND THAT THE DIFFERENT AREAS OF LAW DEALT WITH IN THIS CHAPTER DO NOT WORK IN ISOLATION FROM EACH OTHER )N OTHER WORDS ALL OF THE LAW THAT WE TALK ABOUT WORKS TOGETHER 3O THE #ONSTITUTION THE #OMMON ,AW AND ,EGISLATION WORK TOGETHER LIKE A WEB OF RULES THAT YOU CAN USE TO FIND OUT WHAT RIGHTS PEOPLE HAVE AND HOW BEST TO PROTECT THOSE RIGHTS &OR EXAMPLE IF A COMMUNITY IS EXPERIENCING PROBLEMS WITH SMOKE POLLUTION YOU MAY FIND THAT THEY ARE PROTECTED BY THE #ONSTITUTION THE #OMMON ,AW AND BY ,EGISLATION ALL AT THE SAME TIME 4HESE THREE CATEGORIES OF LAW ARE DISCUSSED IN MORE DETAIL BELOW !T THE END OF THIS CHAPTER WE WILL CONSIDER WHICH STRATEGIES INDIVIDUALS AND COMMUNITIES CAN USE TO PROTECT THEIR ENVIRONMENTAL RIGHTS
4HE #ONSTITUTION 4HE #ONSTITUTION HAS A NUMBER OF SECTIONS THAT ARE RELEVANT TO THE ENVIRONMENT
4(% %.6)2/.-%.4!, 2)'(4 3%#4)/. %VERYONE HAS THE RIGHT TO s AN ENVIRONMENT WHICH IS NOT HARMFUL TO THEIR HEALTH OR WELL BEING s HAVE THE ENVIRONMENT PROTECTED FOR THE BENEFIT OF PRESENT AND FUTURE GENERATIONS THROUGH REASONABLE LEGISLATIVE AND OTHER MEASURES THAT
PREVENT POLLUTION AND ECOLOGICAL DEGRADATION
PROMOTE CONSERVATION
SECURE ECOLOGICALLY SUSTAINABLE DEVELOPMENT AND USE OF NATURAL RESOURCES WHILE PROMOTING JUSTIFIABLE ECONOMIC AND SOCIAL DEVELOPMENT 3ECTION THEREFORE PLACES A DUTY ON ALL SPHERES OF GOVERNMENT TO TAKE REASONABLE STEPS INCLUDING MAKING LAWS TO PREVENT POLLUTION PROMOTE CONSERVATION AND ENSURE SUSTAINABLE DEVELOPMENT
7(!4 $/ 4(% 7/2$3 @(%!,4( !.$ 7%,, "%).' -%!. 4HE MEANING OF THESE WORDS IS NOT ENTIRELY CLEAR SO IT WILL BE UP TO THE COURTS TO DECIDE ON THEIR EXACT MEANING IN THE FUTURE )T SEEMS THAT hHEALTH AND WELL BEINGv INCLUDE THE FOLLOWING s 0ROTECTION FROM POLLUTION IN THE AIR WATER FOOD OR SOIL 4HIS INCLUDES PROTECTION FROM DANGERS IN THE WORKPLACE AND FROM LESS OBVIOUS DANGERS TO HEALTH SUCH AS NOISE s 0ROTECTION OF OUR WELL BEING COVERS BOTH PHYSICAL AND MENTAL WELLBEING 4HIS WOULD INCLUDE PROTECTION FROM NUISANCES AND INVASIONS OF PRIVACY AND DIGNITY 4HE %UROPEAN #OURT OF (UMAN 2IGHTS RECENTLY RULED THAT A BAD SMELL FROM A TANNERY THAT OFFENDED NEIGHBOURING RESIDENTS WAS A VIOLATION OF THEIR RIGHT TO PRIVACY )N OUR LAW THIS WOULD PROBABLY QUALIFY AS A VIOLATION OF THE RIGHT TO WELL BEING 3O WE CAN SAY THAT SOMETHING AFFECTS OUR WELL BEING IF IT AFFECTS OUR ABILITY TO ENJOY OUR LIFE
7(/ #!. 9/5 %.&/2#% 9/52 %.6)2/.-%.4!, 2)'(43 !'!).34 4HERE HAS BEEN MUCH DEBATE ABOUT THE APPLICATION OF ENVIRONMENTAL RIGHTS )T IS QUITE CLEAR THAT THESE RIGHTS APPLY BETWEEN THE STATE AND CITIZENS (OWEVER THE QUESTION IS WHETHER THE RIGHT APPLIES BETWEEN TWO CITIZENS )T SEEMS THAT THE COURTS HAVE ACCEPTED THAT ENVIRONMENTAL RIGHTS CAN APPLY BETWEEN ONE PERSON AND ANOTHER PERSON 3EE PAGE 3ECTION !PPLICATION OF "ILL OF 2IGHTS
/4(%2 2)'(43 2%,%6!.4 4/ 4(% %.6)2/.-%.4 4HE #ONSTITUTION RECOGNISES THE GENERAL NEED TO IMPROVE THE QUALITY OF LIFE OF ALL CITIZENS #ERTAIN CONSTITUTIONAL RIGHTS CAN BE USED TO SUPPORT REASONABLE ENVIRONMENTAL DEMANDS 4HEY INCLUDE s 4HE RIGHT TO LIFE 3ECTION s 4HE RIGHT TO HUMAN DIGNITY 3ECTION s 4HE RIGHT TO PRIVACY 3ECTION s #ERTAIN SOCIO ECONOMIC RIGHTS THAT ARE RELEVANT
THE RIGHT OF ACCESS TO ADEQUATE HOUSING 3ECTION
THE RIGHT OF ACCESS TO SUFFICIENT FOOD AND WATER 3ECTION
THE RIGHT OF ACCESS TO HEALTH CARE SERVICES 3ECTION
THE RIGHTS OF CHILDREN TO BASIC NUTRITION AND SHELTER AND TO BE PROTECTED FROM MALTREATMENT NEGLECT ABUSE OR DEGRADATION 3ECTION 3EE PAGE 3ECTION 2IGHT OF ACCESS TO HOUSING AND PAGE 3ECTION 2IGHT OF ACCESS TO HEALTH CARE FOOD WATER AND SOCIAL SECURITY %8!-0,%
'%.%2!, 2)'(43 2%,!4).' 4/ 4(% %.6)2/.-%.4
! COMMUNITY RESIDING IN AN INFORMAL SETTLEMENT ARE LIVING WITH NO RUNNING WATER REFUSE REMOVAL AND SANITATION 4HE BUCKET TOILET SYSTEM IS USED WHICH IS A CONSTANT HEALTH RISK TO THE ENVIRONMENT AND COMMUNITY 7HAT RIGHTS ARE POTENTIALLY AFFECTED IN THIS CASE !N INFORMAL SETTLEMENT WITHOUT WATER OR SANITATION COULD POSE A THREAT TO PUBLIC HEALTH OF THE RESIDENTS 4HE FAILURE OF A LOCAL AUTHORITY TO PROVIDE TOILETS WATER SANITATION ADEQUATE HOUSING AND REFUSE REMOVAL POSSIBLY VIOLATES THE FOLLOWING CONSTITUTIONAL RIGHTS s THE HEALTH OF THE RESIDENTS IS THREATENED s THE WELL BEING OF THE RESIDENTS IS THREATENED s THE RIGHT TO ADEQUATE HOUSING s THE RIGHT OF ACCESS TO WATER IS VIOLATED s THE RIGHT OF CHILDREN TO BE PROTECTED FROM DEGRADATION IS INFRINGED s THE POTENTIAL FOR THE OUTBREAK OF A DISEASE LIKE CHOLERA VIOLATES THE RIGHT TO LIFE s THE RIGHTS TO PRIVACY AND DIGNITY ARE VIOLATED BY THE LACK OF TOILETS 7HAT CAN THE RESIDENTS DO 4HE #ONSTITUTION PLACES A DUTY ON ALL SPHERES OF GOVERNMENT TO TAKE REASONABLE STEPS INCLUDING MAKING LAWS AND POLICIES TO PROVIDE ACCESS TO BASIC HEALTH CARE FOOD AND RUNNING WATER &OR EXAMPLE THE GOVERNMENT HAS COMMITTED ITSELF TO THE COMPLETE REMOVAL OF THE BUCKET TOILET SYSTEM FROM FORMAL SETTLEMENTS BY THE END OF AND HAS ALLOCATED A BUDGET OF OVER 2 BILLION TO ACHIEVE THIS TARGET 3TRATEGIES THE RESIDENTS CAN TAKE ARE SUGGESTED ON PAGE 7AYS TO RESOLVE ENVIRONMENTAL DISPUTES
4(% 2)'(4 4/ %15!,)49 3%#4)/. 4HE RIGHT TO EQUALITY AND NON DISCRIMINATION IS IMPORTANT FOR PEOPLE WORKING ON ENVIRONMENTAL ISSUES !N INDIRECT FORM OF DISCRIMINATION WAS RECOGNISED IN THE 5NITED 3TATES OF !MERICA WHERE IT WAS FOUND THAT MOST HAZARDOUS OR POLLUTING INDUSTRIES ARE BUILT IN POOR OR BLACK NEIGHBOURHOODS 4HESE AREAS THEN BEAR AN UNEQUAL SHARE OF THE ENVIRONMENTAL PROBLEMS FROM THESE INDUSTRIES FOR EXAMPLE THEIR HARMFUL EFFECTS ON THE HEALTH AND SAFETY OF RESIDENTS 4HIS PRACTICE HAS BEEN CALLED ENVIRONMENTAL DISCRIMINATION OR ENVIRONMENTAL RACISM -ANY DECISIONS ABOUT THE USE OF LAND TAKEN IN 3OUTH !FRICA DURING APARTHEID CAN ALSO BE CRITICISED AS ENVIRONMENTAL DISCRIMINATION
4HE OPPOSITE OF ENVIRONMENTAL DISCRIMINATION CAN BE CALLED ENVIRONMENTAL JUSTICE %NVIRONMENTAL JUSTICE MEANS s THE GOOD THINGS WE GET FROM THE ENVIRONMENT ARE SHARED EQUALLY AMONG ALL PEOPLE s THE NEGATIVE IMPACTS SUCH AS RUBBISH DUMPS OR POWER STATIONS ARE SHARED AMONGST ALL COMMUNITIES ! LOCAL MUNICIPALITY REQUIRES RUBBISH COLLECTION TO TAKE PLACE ONLY TWICE A MONTH IN A LOCAL TOWNSHIP BECAUSE THE TOWNSHIP IS FAR FROM THE MAIN TOWN CENTRE 4HE WEALTHY NEIGHBOURHOOD WHICH IS CLOSE TO TOWN HAS RUBBISH COLLECTIONS ONCE A WEEK 4HIS IS A CLEAR CASE OF INEQUALITY ON THE PART OF THE MUNICIPALITY
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4(% 2)'(4 /& !##%33 4/ ).&/2-!4)/. 3%#4)/. 3ECTION OF THE #ONSTITUTION GUARANTEES EVERY PERSON THE RIGHT OF ACCESS TO ANY INFORMATION HELD BY THE STATE AND ANY INFORMATION THAT IS HELD BY ANOTHER PERSON THAT IS REQUIRED FOR THE PROTECTION OF ANY RIGHTS 4HE RIGHT TO INFORMATION IS IMPORTANT FOR ENVIRONMENTAL ISSUES 7ITHOUT ACCESS TO THE PROPER INFORMATION PEOPLE DO NOT KNOW WHAT ACTION IS BEING PLANNED OR THE PROCEDURES THAT WILL BE FOLLOWED )T IS NOT POSSIBLE TO PARTICIPATE PROPERLY IN PUBLIC DEBATES IF THE PUBLIC DOESNT HAVE RELEVANT INFORMATION &OR EXAMPLE THE PUBLIC HAVE THE RIGHT TO KNOW IN ADVANCE ABOUT POSSIBLE PLANS FOR THE BUILDING OF A NEW RAILWAY LINE OR FACTORY IN THEIR NEIGHBOURHOOD AND THEY HAVE THE RIGHT TO INFORM DECISION MAKERS IF THEY ARE AGAINST THE BUILDING OF THESE STRUCTURES 4HE 0ROMOTION OF !CCESS TO )NFORMATION !CT .O OF 0!)! SETS OUT DETAILED PROCEDURES WHICH MUST BE FOLLOWED IN ORDER TO OBTAIN ACCESS TO INFORMATION 0EOPLE IN YOUR COMMUNITY OWN LAND NEXT TO THE SEA 4HEY FIND OUT THAT A DEVELOPER HAS APPLIED TO LOCAL GOVERNMENT FOR PERMISSION TO BUILD A STEEL MILL IN THE AREA IN WHICH THEY LIVE !LTHOUGH THEY HAVE TRIED TO GET INFORMATION ABOUT THE STEEL MILL FROM THE DEVELOPER THEY HAVE NOT BEEN SUCCESSFUL -EMBERS OF THE COMMUNITY ARE CONCERNED THAT THE DEVELOPMENT OF THE STEEL MILL COULD CAUSE POLLUTION AND OTHER ENVIRONMENTAL PROBLEMS 4HEY NEED THIS INFORMATION IN ORDER TO PARTICIPATE FULLY AND EFFECTIVELY IN THE PUBLIC CONSULTATIVE PROCESS THAT IS TO FOLLOW
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! LARGE FACTORY IS ESTABLISHED NEXT TO YOUR COMMUNITY -ANY PEOPLE GET SICK AND YOU SUSPECT THAT IT IS CAUSED BY FUMES COMING FROM THE FACTORY 4HE COMPANY REFUSES TO TELL THE COMMUNITY WHAT SUBSTANCES ARE COMING OUT OF THE FACTORY 0EOPLE NEED THIS INFORMATION IN ORDER TO BE ABLE TO LODGE A COMPLAINT WITH THE RELEVANT AUTHORITY
4HE COMMUNITY CAN DEMAND THIS INFORMATION FROM THE DEVELOPERFACTORY AS WELL AS FROM ANY GOVERNMENT DEPARTMENT OR LOCAL AUTHORITY WHICH HAS ACCESS TO THE RELEVANT INFORMATION 4HE BEST WAY TO PROTECT THIS RIGHT OF ACCESS TO INFORMATION IS TO MAKE AN APPLICATION TO THE COURT FOR AN ORDER TELLING THE DEVELOPERFACTORY TO PROVIDE THE COMMUNITY WITH THE INFORMATION THAT THEY NEED "EFORE A COMMUNITY TAKES ANY ACTION THEY WILL HAVE TO ESTABLISH THAT A CONSTITUTIONAL RIGHT SUCH AS THE ENVIRONMENTAL RIGHT HAS BEEN INFRINGED 3ECONDLY THEY WILL HAVE TO PROVE THAT THEY NEED THE INFORMATION TO PROTECT THIS RIGHT 4HIRDLY THEY WILL NEED TO COMPLY WITH THE PROCEDURES SET OUT IN 0!)!
4(% 2)'(4 4/ *534 !$-).)342!4)6% !#4)/. 3%#4)/. !DMINISTRATIVE ACTION REFERS TO DECISIONS MADE BY THE STATE AND REPRESENTATIVES OF THE STATE %NVIRONMENTAL CONFLICTS OFTEN ARISE AS A RESULT OF THE INCORRECT OR UNJUST USE OF ADMINISTRATIVE DECISION MAKING POWERS )N TERMS OF SECTION s EVERYONE HAS THE RIGHT TO ADMINISTRATIVE ACTION THAT IS LAWFUL REASONABLE AND PROCEDURALLY FAIR 3ECTION s EVERYONE WHOSE RIGHTS HAVE BEEN ADVERSELY AFFECTED BY ADMINISTRATIVE ACTION HAS THE RIGHT TO BE GIVEN WRITTEN REASONS FOR THE DECISION 3ECTION
4HE 'OVERNMENT HAS PASSED THE 0ROMOTION OF !DMINISTRATIVE *USTICE !CT .O OF 0!*! WHICH SETS OUT WHAT IS ADMINISTRATIVE ACTION WHAT ACTIONS WOULD BE PROCEDURALLY FAIR ADMINISTRATIVE ACTION THE GROUNDS ON WHICH ADMINISTRATIVE ACTION CAN BE CHALLENGED THE REMEDIES AVAILABLE THE PROCEDURES THAT MUST BE FOLLOWED TO OBTAIN WRITTEN REASONS AND THE RELIEF THAT THE COURT CAN GRANT A PERSON WHO IS ASKING FOR A REVIEW OF THE DECISION MADE 3EE PAGE 7HAT ARE THE REQUIREMENTS OF LAWFULNESS PROCEDURAL FAIRNESS AND REASONABLENESS #ERTAIN PEOPLE IN YOUR COMMUNITY LIVE IN AN INFORMAL SETTLEMENT CLOSE TO AN EXPENSIVE COASTAL RESORT WHERE PEOPLE FROM THE CITY OWN HOLIDAY HOUSES ! CHEMICAL COMPANY HAS BEEN GRANTED PERMISSION BY THE LOCAL AUTHORITY TO SET UP A PRODUCTION PLANT VERY CLOSE TO THE INFORMAL SETTLEMENT )T IS LIKELY THAT THIS CHEMICAL PLANT WILL HARM THE ENVIRONMENT AND POSSIBLY THE HEALTH OF PEOPLE IN THE COMMUNITY 4HESE PEOPLE WANT TO FIND OUT HOW THE CHEMICAL COMPANY GOT PERMISSION TO SET UP THE PRODUCTION PLANT AND WHAT OTHER ACTION THE CHEMICAL COMPANY MAY BE THINKING OF TAKING 4HEY HAVE FORMALLY REQUESTED THE LOCAL AUTHORITY TO PROVIDE THEM WITH INFORMATION ABOUT THE NEW CHEMICAL PRODUCTION PLANT SO THAT THEY CAN USE THE INFORMATION TO COMMENT ON WHETHER THEY THINK THE PERMISSION FOR THE PLANT SHOULD HAVE BEEN GRANTED OR NOT 4HE LOCAL AUTHORITY IS A PART OF GOVERNMENT 4HEREFORE ANY DECISION THAT IT MAKES IS AN ADMINISTRATIVE DECISION
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7HAT CAN THE COMMUNITY DO 4HE COMMUNITY CAN USE THE 0!*! TO s GET WRITTEN REASONS FROM THE LOCAL AUTHORITY FOR THEIR DECISION TO ALLOW THE ERECTION OF THE CHEMICAL PRODUCTION PLANT s CHALLENGE THE PROCEDURAL FAIRNESS OF THE MUNICIPALITY DECISION AS THEIR RIGHTS ARE AFFECTED BY THE DECISION AND THEY WERE NOT CONSULTED PRIOR TO IT BEING MADE s CHALLENGE THE REASONABLENESS OF THE DECISION HERE THE COURT WOULD CONSIDER ALL OF THE SURROUNDING CIRCUMSTANCES TO SEE WHETHER THE DECISION WAS SUITABLE NECESSARY AND PROPORTIONATE /THER RIGHTS THAT ARE POTENTIALLY AFFECTED IN THIS EXAMPLE INCLUDE THE RIGHT TO EQUALITY IF THE NEARBY WEALTHY RESORT HAS NOT BEEN NEGATIVELY AFFECTED IN THE SAME WAY AS THE INFORMAL SETTLEMENT AND THE RIGHT OF ACCESS TO INFORMATION BECAUSE THE COMMUNITYS REQUEST FOR INFORMATION ABOUT THE CHEMICAL PRODUCTION PLANT HAS BEEN IGNORED
4HE #OMMON ,AW 4HE #OMMON LAW IS RELEVANT IN DEALING WITH ENVIRONMENT ISSUES THROUGH THE LAW OF $ELICT THE LAW OF .UISANCE AND THE LAW OF .EIGHBOURS 4HE COMMON LAW RULES OF DELICT NUISANCE AND NEIGHBOUR LAW CAN BE USED TO PROTECT PEOPLES ENVIRONMENTAL RIGHTS RELATING TO NOISE POLLUTION AIR POLLUTION AND WATER POLLUTION
4(% ,!7 /& $%,)#4 4HE COMMON LAW OF DELICT ALLOWS US TO CLAIM COMPENSATION FROM SOMEONE WHO DOES SOMETHING THAT CAUSES US HARM 3UCH AN ACTION IS CALLED A DELICT &OR EXAMPLE IF A PERSON DRIVES THEIR CAR NEGLIGENTLY AND COLLIDES WITH THE CAR OF ANOTHER PERSON THE OWNER OF THE DAMAGED CAR CAN SUE THE DRIVER WHO NEGLIGENTLY OR INTENTIONALLY CAUSED THE CRASH 4HE OWNER OF THE DAMAGED CAR CAN CLAIM THE COST OF REPAIRING THE DAMAGE TO THE CAR AS WELL AS COMPENSATION FOR ANY OF HIS OR HER INJURIES 4HIS CLAIM WOULD BE MADE UNDER THE COMMON LAW OF DELICT &OR A DELICTUAL CLAIM TO SUCCEED THE PERSON MAKING THE CLAIM THE CLAIMANT MUST PROVE s THAT THE ACTION OF THE OTHER PERSON WAS WRONGFUL BECAUSE IT CAUSED HARM TO ANOTHER PERSON OR THEIR PROPERTY s THAT THE PERSON DOING THE ACTION WAS NEGLIGENT WAS AT FAULT OR ACTED INTENTIONALLY s THAT THE CLAIMANT SUFFERED LOSS WHICH CAN BE GIVEN A MONETARY VALUE 4HIS MONETARY VALUE IS CALLED DAMAGES
s THAT THE MONETARY LOSS DAMAGES WAS SUFFERED AS A RESULT OF THE ACTION OF THE NEGLIGENT PERSON THE ACTION OF THE NEGLIGENT PERSON CAUSED THE MONETARY LOSS
(/7 $/%3 4()3 (%,0 9/5 7)4( !. %.6)2/.-%.4!, )335% 9OU CAN SUE A PERSON IN COURT FOR LOSS CAUSED TO YOU BY THE WRONGFUL ACTIONS OF A PERSON AND YOU CAN CLAIM COMPENSATION FOR THIS LOSS 4HIS WILL HAVE TO BE DONE THROUGH AN ATTORNEY WHO WILL PREPARE THE CASE AND TAKE IT TO THE COURT 3EE PAGE 7AYS TO RESOLVE ENVIRONMENTAL DISPUTES %RIC OWNS A SMALL HOLDING WITH A FEW ANIMALS (E MAKES A SMALL LIVING FROM HIS ANIMALS 4HE SMALL HOLDING BORDERS ON A NATIONAL ROAD ! TRUCK CARRYING FERTILISER GOES OUT OF CONTROL LEAVES THE NATIONAL ROAD AND OVERTURNS ON %RICS LAND SPILLING THE LOAD OF FERTILISER INTO THE SMALL DAM ON HIS PROPERTY !S A RESULT THE WATER IN THE DAM IS CONTAMINATED OR POLLUTED %RICS ANIMALS DRINK FROM THIS DAM %RIC IS NOT AT HOME TO STOP HIS ANIMALS DRINKING THE WATER AND AS A RESULT THEY BECOME SICK AND DIE #AN %RIC CLAIM COMPENSATION FROM THE OWNER OF THE FERTILISER COMPANY 4HE GENERAL RULE OF DELICT SAYS THAT %RIC CAN CLAIM COMPENSATION FROM SOMEONE WHO HAS DONE HIM HARM BUT HE WILL HAVE TO FULFILL ALL THE REQUIREMENTS FOR A SUCCESSFUL DELICT 4HIS MEANS THAT HE WILL HAVE TO SHOW s THAT THE ACTION OF THE DRIVER IN SPILLING THE FERTILISER INTO HIS DAM WAS WRONGFUL s THAT THE DRIVER AND THEREFORE THE COMPANY WAS NEGLIGENT s THE ACCIDENT CAUSED THE DAMAGE IE THE SPILLING OF FERTILISER CAUSED THE DEATH OF THE ANIMALS s THAT AS A RESULT OF THE NEGLIGENT ACTION OF THE DRIVER HE SUFFERED A QUANTIFIABLE MONETARY LOSS
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4(% ,!7 /& .5)3!.#% 4HE MOST IMPORTANT ASPECT OF THE LAW OF NUISANCE IN REGARD TO ENVIRONMENTAL RIGHTS IS THE LAW OF PRIVATE NUISANCE WHICH RECOGNISES THE RIGHT OF AN OWNER OF LAND TO ENJOY THEIR LAND IN PHYSICAL COMFORT CONVENIENCE AND WELL BEING WITHOUT UNREASONABLE INTERFERENCE FROM OTHERS 0EOPLE DO HAVE TO PUT UP WITH A CERTAIN AMOUNT OF INTERFERENCE WITH THEIR RIGHT TO ENJOY THEIR LAND FOR EXAMPLE SMOKE BLOWING ACROSS NOISE GENERATED BY ANOTHER PERSON ETC AS LONG AS THIS INTERFERENCE IS NOT UNREASONABLE )F THE INTERFERENCE IS UNREASONABLE THEN THE LANDOWNER CAN TAKE LEGAL ACTION TO PROTECT THEIR RIGHT TO ENJOY THEIR LAND "ETHUEL LIVES IN A SMALL TOWN NEXT TO A DISUSED QUARRY 4HE LOCAL AUTHORITY USES THE QUARRY TO DUMP ALL THE HOUSEHOLD WASTE THAT IT COLLECTS FROM RESIDENTS "ETHUEL HAS BECOME SICK AS A RESULT OF LIVING SO CLOSE TO THE WASTE AND HAS STARTED TO DEVELOP BAD SKIN AILMENTS 7HAT RIGHTS ARE AFFECTED s "ETHUEL HAS AN ENVIRONMENTAL RIGHT TO HEALTH AND WELL BEING s THE COMMON LAW OF NUISANCE GIVES HIM THE RIGHT TO ENJOY HIS LAND WITHOUT HIS ENJOYMENT BEING UNREASONABLY INFRINGED )N THIS CASE IT WOULD BE POSSIBLE TO ARGUE THAT THE MUNICIPALITYS ACTION IN SETTING UP THE WASTE DISPOSAL SITE INFRINGES "ETHUELgS ENVIRONMENTAL RIGHT AND CONSTITUTES A NUISANCE AS IT UNREASONABLY INFRINGES UPON HIS RIGHT TO ENJOY HIS PROPERTY IN PHYSICAL COMFORT CONVENIENCE AND WELL BEING
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4HE PERSON SUFFERING THE NUISANCE CAN APPLY TO THE COURT FOR A AN INTERDICT TO STOP THE PERSON THAT IS CAUSING THE NUISANCE FROM CONTINUING WITH THE CONDUCT AND B DAMAGES MONETARY COMPENSATION WHERE THE CONDUCT HAS RESULTED IN FINANCIAL LOSS 4HE CLAIM CAN BE MADE AGAINST THE OWNER OF THE PROPERTY (OWEVER A LANDOWNER IS NOT RESPONSIBLE FOR THE NUISANCE CAUSED BY HIS TENANT UNLESS HE AUTHORISED THE NUISANCE
4(% ,!7 /& .%)'("/523 )T IS A GENERAL RULE OF OUR LAW THAT A LANDOWNER MAY NOT USE HIS OR HER PROPERTY IN A WAY THAT CAUSES HARM TO ANOTHER PERSON 4HIS MEANS THAT A LANDOWNERS RIGHT TO USE THE PROPERTY IS LIMITED AND THAT THERE IS AN OBLIGATION ON HIM OR HER NOT TO ACT IN A WAY THAT WILL INFRINGE THE RIGHTS OF A NEIGHBOUR 4HE TEST OF WHETHER THE LANDOWNERS USE OF HIS PROPERTY FAILS TO COMPLY WITH THIS OBLIGATION IS ONE OF REASONABLENESS AND FAIRNESS 4HIS PRINCIPLE OF REASONABLENESS IS RELEVANT TO ALL FORMS OF POLLUTING ACTIVITIES $ERRICK LIVES ON A CATTLE FARM IN A QUIET RURAL AREA (IS NEIGHBOUR HAS SET UP A DEVICE WHICH MAKES EXPLOSIVE NOISES AT REGULAR INTERVALS DURING THE DAY AND NIGHT TO SCARE BABOONS AWAY FROM HIS KITCHEN VEGETABLE GARDEN $ERRICKS FAMILY CANNOT SLEEP BECAUSE OF THE NOISE AND HIS CATTLE HAVE BECOME RESTLESS AND UNCONTROLLABLE 7HAT CAN HE DO 7HAT RIGHTS ARE AFFECTED (ERE WE CAN SEE THE INTERACTION OF THE THREE BRANCHES OF LAW THAT HAVE BEEN DISCUSSED SO FAR s 4HE #ONSTITUTION 3ECTION GIVES PEOPLE AN ENVIRONMENTAL RIGHT TO HEALTH AND WELL BEING 4HIS RIGHT IS BEING INFRINGED BY NOISE POLLUTION s 4HE #OMMON ,AW OF .UISANCE SAYS THAT $ERRICK HAS THE RIGHT TO ENJOY HIS LAND WITHOUT HIS ENJOYMENT BEING UNREASONABLY INFRINGED BY ANOTHER PERSON s 4HE #OMMON ,AW OF .EIGHBOURS SAYS THAT $ERRICK IS ENTITLED TO REQUIRE HIS NEIGHBOUR NOT TO USE HIS PROPERTY THE NEIGHBOURS IN A WAY THAT WILL INFRINGE $ERRICKgS LEGALLY PROTECTED RIGHTS
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)N THIS CASE IT WOULD BE POSSIBLE TO ARGUE THAT s .EIGHBOUR ,AW GIVES $ERRICK THE RIGHT TO HAVE HIS NEIGHBOUR NOT CAUSE A GREATER NOISE THAN IS REASONABLE FOR CARRYING OUT OF THE NEIGHBOURgS ECONOMIC ACTIVITIES s THE INTERESTS WHICH THE NEIGHBOUR IS TRYING TO PROTECT A VEGETABLE GARDEN ARE VERY LIMITED s THE METHODS USED ARE NOT IN PROPORTION TO THE DISTURBANCE CREATED BY THE EXPLOSIVE DEVICE s CONSEQUENTLY THE NEIGHBOURgS USE OF HIS PROPERTY IS NOT REASONABLE AND FAIR TO $ERRICK
,AWS MADE BY NATIONAL PROVINCIAL AND LOCAL GOVERNMENT ,AWS MADE BY NATIONAL PROVINCIAL AND LOCAL GOVERNMENTS ADD TO THE RIGHTS AND RESPONSIBILITIES THAT ARE PART OF THE #ONSTITUTION OR THE #OMMON ,AW 4HESE LAWS ALSO CALLED LEGISLATION MUST COMPLY WITH THE #ONSTITUTION BUT THEY CAN CHANGE THE #OMMON ,AW %NVIRONMENTAL LAWS MADE BY THE GOVERNMENT SET OUT THE RIGHTS AND RESPONSIBILITIES OF PEOPLE RELATING TO THREE ISSUES LAND USE MANAGEMENT POLLUTION CONTROL AND WASTE MANAGEMENT CONTROL AND NATURAL RESOURCES %NVIRONMENTAL LAWS THEREFORE REGULATE FOR EXAMPLE WHO CAN BUILD WHAT CAN THEY BUILD AND WHERE CAN THEY BUILD WHO CAN FISH OR MINE CUT TREES AND SHOOT ANIMALS AS WELL AS WHERE AND WHEN THIS CAN HAPPEN 4HESE LAWS CONTAIN A NUMBER OF RULES !NYONE WHO FAILS TO COMPLY WITH THESE RULES COULD BE PUNISHED THROUGH IMPRISONMENT ANDOR A FINE 4HERE ARE TWO BROAD TYPES OF LAWS &IRSTLY THERE ARE THE FRAMEWORK LAWS WHICH REGULATE ALL ENVIRONMENTAL CONCERNS AND SHOULD THEREFORE BE TAKEN INTO ACCOUNT WHEN DEALING WITH ANY ENVIRONMENTAL ISSUE 3ECONDLY THERE ARE SECTORAL LAWS WHICH DEAL WITH THINGS LIKE LAND USE MANAGEMENT POLLUTION CONTROL AND WASTE MANAGEMENT OR NATURE CONSERVATION 3O FOR EXAMPLE IF YOU ARE DEALING WITH A WASTE SITE WHICH IS POLLUTING THE WATER IN THE AREA OF YOUR COMMUNITY YOU WILL NEED TO CONSIDER BOTH FRAMEWORK LAWS AND THE SECTORAL LAWS THAT ARE RELEVANT TO LAND AND WATER POLLUTION
&2!-%7/2+ %.6)2/.-%.4!, ,!73 4HERE ARE THREE LAWS THAT DEAL WITH THE ENVIRONMENT GENERALLY s .ATIONAL %NVIRONMENTAL -ANAGEMENT !CT .O OF .%-! s %NVIRONMENTAL #ONSERVATION !CT .O OF s .ATIONAL %NVIRONMENTAL -ANAGEMENT !IR 1UALITY !CT .O OF 4WO OTHER FRAMEWORK LAWS THE 0ROMOTION OF !DMINISTRATIVE *USTICE !CT AND THE 0ROMOTION OF !CCESS TO )NFORMATION !CT ARE NOT AIMED SPECIFICALLY AT THE ENVIRONMENT BUT THEY GIVE CONTENT TO ENVIRONMENTAL RIGHTS AND ISSUES 4HESE LAWS SHOULD BE CONSIDERED WHEN DEALING WITH ALL ENVIRONMENTAL ISSUES
.!4)/.!, %.6)2/.-%.4!, -!.!'%-%.4 !#4 .O OF .%-! .%-! IS RELEVANT TO THE REGULATION OF ALL THREE OF THE ENVIRONMENTAL ISSUES REFERRED TO LAND USE PLANNING AND DEVELOPMENT NATURAL RESOURCES AND POLLUTION CONTROL AND WASTE MANAGEMENT 4HE OBJECT OF .%-! IS TO PROVIDE A FRAMEWORK FOR CO OPERATIVE ENVIRONMENTAL GOVERNANCE MAKING SURE THAT THE GOVERNMENT AUTHORITIES CO ORDINATE THEIR EFFORTS TO MANAGE THE ENVIRONMENT AND AIMS TO ACHIEVE THIS BY ESTABLISHING s PROCEDURES FOR STATE DECISION MAKING AND FUNCTIONS WHICH IMPACT ON THE ENVIRONMENT AND s STATE INSTITUTIONS WHICH CO ORDINATE THESE DECISIONS AND FUNCTIONS
7(!4 !2% 4(% .%-! 02).#)0,%3 .%-! SETS OUT A RANGE OF NATIONAL ENVIRONMENTAL MANAGEMENT PRINCIPLES SOME OF WHICH ARE SET OUT BELOW s ENVIRONMENTAL MANAGEMENT MUST PUT PEOPLE AND THEIR NEEDS FIRST s DEVELOPMENT MUST BE SOCIALLY ENVIRONMENTALLY AND ECONOMICALLY SUSTAINABLE s THERE SHOULD BE EQUAL ACCESS TO ENVIRONMENTAL RESOURCES BENEFITS AND SERVICES TO MEET BASIC HUMAN NEEDS s GOVERNMENT SHOULD PROMOTE PUBLIC PARTICIPATION WHEN MAKING DECISIONS ABOUT THE ENVIRONMENT s COMMUNITIES MUST BE GIVEN ENVIRONMENTAL EDUCATION s WORKERS HAVE THE RIGHT TO REFUSE TO DO WORK THAT IS HARMFUL TO THEIR HEALTH OR TO THE ENVIRONMENT s DECISIONS MUST BE TAKEN IN AN OPEN AND TRANSPARENT MANNER AND THERE MUST BE ACCESS TO INFORMATION s THE ROLE OF YOUTH AND WOMEN IN ENVIRONMENTAL MANAGEMENT MUST BE RECOGNISED s THE PERSON OR COMPANY WHO POLLUTES THE ENVIRONMENT MUST PAY TO CLEAN IT UP s THE ENVIRONMENT IS HELD IN TRUST BY THE STATE FOR THE BENEFIT OF ALL 3OUTH !FRICANS s THE UTMOST CAUTION SHOULD BE USED WHEN PERMISSION FOR NEW DEVELOPMENTS IS GRANTED s 4HE ACTIONS OF ALL STATE INSTITUTIONS THAT @MAY SIGNIFICANTLY AFFECT THE ENVIRONMENT MUST COMPLY WITH THESE PRINCIPLES 4HESE STATE INSTITUTIONS WOULD INCLUDE NATIONAL PROVINCIAL AND LOCAL GOVERNMENT AS WELL AS STATE CORPORATIONS LIKE %3+/-
(/7 $/%3 .%-! 02/4%#4 4(% %.6)2/.-%.4 .%-! PROVIDES A RANGE OF TOOLS AIMED AT SPECIFICALLY PROTECTING THE ENVIRONMENT 4HESE INCLUDE THE FOLLOWING
s )NTEGRATED ENVIRONMENTAL MANAGEMENT .%-! REGULATES THE SYSTEM OF ENVIRONMENTAL IMPACT ASSESSMENTS %)! 4HE 'OVERNMENT HAS PASSED A NUMBER OF %)! REGULATIONS IN TERMS OF .%-! WHICH SET OUT THE %)! PROCESSES AND REQUIREMENTS 4HESE REQUIRE THAT THE POTENTIAL IMPACT ON THE ENVIRONMENT OF CERTAIN LISTED ACTIVITIES MUST BE CONSIDERED ASSESSED AND REPORTED TO THE RELEVANT AUTHORITIES 4HERE ARE TWO LISTS OF ACTIVITIES )N ONE LIST ARE ACTIVITIES WHICH ARE REQUIRED TO UNDERGO A FULL ENVIRONMENTAL IMPACT ASSESSMENT 4HE OTHER LIST SETS OUT ACTIVITIES WHICH NEED TO UNDERGO ONLY A BASIC ENVIRONMENTAL ASSESSMENT s $UTY OF CARE TO PROTECT THE ENVIRONMENT PEOPLE WHOSE ACTIVITIES CAUSE SIGNIFICANT POLLUTION OR DEGRADATION SPOILING OF THE ENVIRONMENT HAVE TO TAKE REASONABLE STEPS TO PREVENT THE POLLUTION OR DEGRADATION FROM HAPPENING 4HIS IS REFERRED TO AS THE @POLLUTER PAYS PRINCIPLE )F THE ACTIVITY IS AUTHORISED BY LAW OR CANNOT REASONABLY BE AVOIDED OR STOPPED PEOPLE MUST STILL TAKE STEPS TO MINIMIZE LESSEN AND FIX THE POLLUTION OR DEGRADATION s 7ORKER PROTECTION 7ORKERS CAN REFUSE TO DO ENVIRONMENTALLY HAZARDOUS WORK s %MERGENCY SITUATIONS .%-! SETS OUT DETAILED PROCEDURES WHICH MUST BE FOLLOWED BY PEOPLE IN THE CASE OF AN EMERGENCY INCIDENT OCCURRING WHICH WILL IMPACT ON THE ENVIRONMENT s 0ROTECTION OF WHISTLEBLOWERS 0EOPLE WHO DISCLOSE INFORMATION OF AN ENVIRONMENTAL RISK WHISTLEBLOWERS ARE PROTECTED s 0RIVATE PROSECUTION 0EOPLE CAN PROSECUTE OTHERS IF IT IS IN THE PUBLIC INTEREST OR IN THE INTERESTS OF PROTECTING THE ENVIRONMENT WHERE THE STATE FAILS TO DO SO s !CCESS TO ENVIRONMENTAL INFORMATION 0EOPLE HAVE THE RIGHT TO HAVE ACCESS TO ENVIRONMENTAL INFORMATION FROM THE GOVERNMENT OR PRIVATE PERSONS s #ONTROLLING THE USE OF VEHICLES IN THE COASTAL ZONE THE /FF 2OAD 6EHICLE 2EGULATIONS /26 2EGULATIONS REGULATE THE USE OF VEHICLES ON THE SHORELINE AND THE ESTABLISHMENT OF BOAT LAUNCHING FACILITIES
4(% @0/,,54%2 0!93 02).#)0,% 4HE @POLLUTER PAYS PRINCIPLE IN .%-! MEANS EXACTLY THAT 7HOEVER POLLUTES THE AIR HAS TO PAY THE COST OF FIXING THE DAMAGE n TO THE ENVIRONMENT AND TO ANYONE WHOSE HEALTH IS AFFECTED BY THE POLLUTION )N THESE LAWS THE DEFINITION OF @POLLUTER IS BROAD !NYONE ASSOCIATED WITH THE POLLUTER n AN EMPLOYEE MANAGER AGENT OR COMPANY DIRECTOR COULD ALSO BE CONVICTED OF POLLUTING IF HE OR SHE DID NOT TAKE REASONABLE STEPS WITHIN THEIR POWER TO PREVENT THE POLLUTION 4HE STATE CAN ORDER SUCH A PERSON TO TAKE STEPS TO DEAL WITH THE POLLUTION )F THEY FAIL TO COMPLY WITH THE ORDER THE STATE WILL TAKE STEPS TO REMEDY THE SITUATION AND WILL RECOVER ALL THE COSTS OF DOING THIS FROM THE PEOPLE RESPONSIBLE
!$-).)342!4)/. !.$ %.&/2#%-%.4 .%-! PROVIDES FOR THE ENFORCEMENT OF PROVISIONS OF CERTAIN ENVIRONMENTAL !CTS AND ALLOWS THE $IRECTOR 'ENERAL OR THE 0ROVINCIAL (EAD OF $EPARTMENT TO APPOINT %NVIRONMENTAL -ANAGEMENT INSPECTORS TO IMPLEMENT THIS FUNCTION
7(%. #!. 9/5 53% .%-! 4/ -!+% ! #/-0,!).4 .%-! SAYS YOU CAN TAKE LEGAL ACTION TO ENFORCE ANY ENVIRONMENTAL LAW OR A PRINCIPLE OF .%-! s TO PROTECT YOUR OWN INTEREST s TO PROTECT SOMEONE ELSES INTERESTS WHO CANNOT DO SO s ON BEHALF OF A GROUP OF PEOPLE WHOSE INTERESTS ARE AFFECTED s IF THE LEGAL ACTION IS IN THE PUBLICS INTEREST s IF THE LEGAL ACTION IS IN THE INTERESTS OF PROTECTING THE ENVIRONMENT
7(!4 $/%3 .%-! !,,/7 9/5 4/ #/-0,!). !"/54 ! PERSON CAN MAKE A COMPLAINT OR TAKE LEGAL ACTION UNDER .%-! IF s SOMEONE INCLUDING THE GOVERNMENT HAS BROKEN AN ENVIRONMENTAL LAW INCLUDING .%-! s THE GOVERNMENT HAS NOT OBEYED A PRINCIPLE OF .%-! s THE GOVERNMENT HAS GIVEN PERMISSION FOR AN ACTIVITY OR DEVELOPMENT THAT AFFECTS THE ENVIRONMENT WITHOUT PROPERLY CHECKING HOW IT COULD AFFECT THE ENVIRONMENT AND PEOPLE s SOMEONE INCLUDING THE GOVERNMENT HAS CAUSED BAD POLLUTION OR DAMAGE TO THE ENVIRONMENT s A PERSON HAS BEEN PUNISHED FOR REFUSING TO DO WORK THAT MIGHT HARM THE ENVIRONMENT OR FOR REPORTING ON SOMEONE WHO IS HARMING THE ENVIRONMENT s A MAJOR ACCIDENT EMERGENCY INCIDENT THAT THREATENS THE PUBLIC HAS HAPPENED AND THERE HAS NOT BEEN A PROPER REPORT ABOUT IT NOR HAS THERE BEEN A CLEAN UP OPERATION s THE STATE HAS NOT PROSECUTED A PERSON FOR BREAKING AN ENVIRONMENTAL LAW AND YOU BELIEVE THAT HESHE MIGHT BE GUILTY !N EXPLOSION RELEASES A CLOUD OF POISONOUS GAS 2ESIDENTS ARE WARNED ON THE RADIO TO GO INDOORS AND SHUT THEIR WINDOWS AND ASTHMATICS ARE TOLD TO SEEK URGENT MEDICAL TREATMENT 0EOPLE ARE TOLD WHAT KIND OF GAS IT IS 4HE HEALTH DEPARTMENT AND MUNICIPAL EMERGENCY SERVICES ARE TOLD HOW TO TREAT PEOPLE WHO GET SICK FROM THE GAS .%-! REQUIRES THE COMPANY THAT CAUSED THIS INCIDENT TO s MINIMISE REDUCE THE RISK AND TO CLEAN UP THE MESS s FIND OUT HOW THE INCIDENT HAS AFFECTED PUBLIC HEALTH s SEND A REPORT TO GOVERNMENT WITHIN DAYS OF THE ACCIDENT WHICH DEALS WITH
THE NATURE AND CAUSES OF THE INCIDENT
SUBSTANCES RELEASED AND HOW THEY COULD AFFECT HUMAN HEALTH AND THE ENVIRONMENT
WHAT WAS DONE TO PREVENT THIS FROM HAPPENING AGAIN )F THESE ACTIONS OR THIS REPORT DO NOT HAPPEN YOU CAN TAKE ACTION TO PROTECT THE ENVIRONMENT AND PUBLIC HEALTH
%8!-0,%
7(!4 !#4)/. #!. 9/5 4!+% 5.$%2 .%-! 9OU CAN TAKE ACTION UNDER .%-! NOT ONLY WHEN SOMEONE BREAKS THE LAW BUT ALSO WHEN SOMEONE HAS A DUTY TO DO SOMETHING AND DOES NOTHING &OR EXAMPLE THE GOVERNMENT HAS A DUTY TO STOP PEOPLE FROM POLLUTING RIVERS )F IT DOES NOTHING TO STOP THE POLLUTION YOU CAN TAKE ACTION TO MAKE IT PROTECT THE ENVIRONMENT 3O IF THE GOVERNMENT OR ANY PERSON BREAKS AN ENVIRONMENTAL LAW INCLUDING .%-! YOU CAN s GO TO THE POLICE AND LAY A CHARGE s ASK GOVERNMENT TO FIND AND PAY FOR A CONCILIATOR TO SOLVE THE DISPUTE s ASK THE $IRECTOR 'ENERAL TO INVESTIGATE 3EE PAGE #OMPLAINING TO THE $IRECTOR 'ENERAL s REFUSE TO WORK IF IT COULD CAUSE ENVIRONMENTAL DAMAGE s ALERT PEOPLE TO SOMETHING SERIOUS GOING ON BY @WHISTLE BLOWING s REACT TO EMERGENCY INCIDENTS s APPROACH THE PUBLIC PROTECTOR s APPROACH THE HUMAN RIGHTS COMMISSION s GO TO COURT AND ASK FOR AN ORDER TO
s STOP THE PERSON OR GOVERNMENT FROM BREAKING THE LAW s FORCE GOVERNMENT TO STOP THE PERSON FROM BREAKING THE LAW OR s ORDER SOMEONE TO DO A CLEAN UP OF POLLUTION IF THEY HAVENT DONE THIS WHEN THEY SHOULD HAVE
#/.#),)!4)/. 5.$%2 .%-! .%-! ALLOWS YOU TO ASK THE GOVERNMENT TO ARRANGE AND PAY FOR CONCILIATION OF A DISAGREEMENT WHEN s THE GOVERNMENT HAS DONE SOMETHING THAT MAY AFFECT THE ENVIRONMENT s YOU HAVE APPEALED AGAINST A DECISION OF THE GOVERNMENT
%.6)2/.-%.4 #/.3%26!4)/. !#4 .O OF 4HE %NVIRONMENT #ONSERVATION !CT IS THE OTHER LAW THAT RELATES GENERALLY TO THE ENVIRONMENT !LTHOUGH MOST OF THIS !CT HAS BEEN REPLACED BY .%-! THERE ARE STILL SOME IMPORTANT SECTIONS THAT REMAIN IN OPERATION 4HESE SECTIONS RELATE TO s LITTERING s WASTE MANAGEMENT s LIMITED DEVELOPMENT AREAS s REGULATIONS ON NOISE VIBRATION AND SHOCK
.!4)/.!, %.6)2/.-%.4!, -!.!'%-%.4 !)2 15!,)49 !#4 .O OF 4HE !IR 1UALITY !CT !1! CAME INTO EFFECT ON 3EPTEMBER 4HE PURPOSE OF THE !CT IS TO IMPROVE AIR QUALITY THROUGH A NUMBER OF LAWS AND REGULATIONS TO SET STANDARDS FOR MONITORING MANAGING AND CONTROLLING AIR QUALITY AND SET OUT FINES AND PENALTIES FOR PEOPLE WHO BREAK THE LAW 4HE !1! REQUIRES THE ESTABLISHMENT OF A NATIONAL FRAMEWORK FOR ACHIEVING THE OBJECT OF THE !CT AND THE ADOPTION OF NATIONAL PROVINCIAL AND LOCAL STANDARDS FOR AMBIENT AIR QUALITY !MBIENT AIR IS THE AIR IN THE ENVIRONMENT BUT EXCLUDES INDOOR AIR )MPORTANTLY THE !1! MAKES AIR QUALITY THE RESPONSIBILITY OF LOCAL GOVERNMENT THROUGH AIR QUALITY MANAGEMENT PLANS POLLUTION PREVENTION PLANS BY LAWS AND OTHER POLICIES #APE 4OWNS !IR 1UALITY -ANAGEMENT 5NIT IS PART OF THE #ITYS (EALTH $IRECTORATE AND WORKS IN PARTNERSHIP WITH 7ATER 3ERVICES AND %NVIRONMENTAL 2ESOURCE -ANAGEMENT 4HE #ITYS !IR 1UALITY -ANAGEMENT 5NIT HAS DEVELOPED AN !IR 1UALITY -ANAGEMENT 0LAN !1-0 IN TERMS OF THE !IR 1UALITY !CT 4HE !1-0 HAS THE FOLLOWING OBJECTIVES
%8!-0,%
s s s s s s s s s s s
4O FORMULATE AN AIR QUALITY MANAGEMENT SYSTEM FOR THE #ITY OF #APE 4OWN 4O SPECIFY AMBIENT AIR QUALITY STANDARDS AND TARGETS FOR #APE 4OWN 4O MONITOR POLLUTANTS WHICH CAUSE BROWN HAZE AND AFFECT PEOPLES HEALTH 4O IMPROVE AIR QUALITY IN INFORMAL AREAS 4O ENFORCE CURRENT AND FUTURE LEGISLATION FOR AIR QUALITY MANAGEMENT 4O COMPILE A COMPREHENSIVE OMISSIONS DATABASE FOR THE #ITY OF #APE 4OWN 4O CONTROL EMISSIONS FROM VEHICLES IN THE #ITY 4O CONSIDER AIR QUALITY IN LAND USE AND TRANSPORT PLANNING 4O ESTABLISH THE BAD EFFECTS OF AIR POLLUTION ON THE PEOPLE WHO LIVE IN #APE 4OWN 4O ESTABLISH AN EDUCATION AND COMMUNICATION STRATEGY FOR AIR QUALITY MANAGEMENT 4O REVIEW THE AIR POLLUTION SITUATION ON AN ONGOING BASIS AND REPORT ON PROGRESS
(/7 $/%3 4(% !1! 2%'5,!4% !)2 15!,)49 4HE !1! AIMS TO REGULATE AIR THROUGH PROVIDING FOR s A NATIONAL AIR QUALITY FRAMEWORK WITH STANDARDS FOR MONITORING AMBIENT AIR QUALITY AND EMISSIONS
s THE COLLECTION AND MANAGEMENT OF AIR QUALITY DATA s PROVINCIAL ENVIRONMENTAL IMPLEMENTATION OR MANAGEMENT PLANS s LOCAL AIR QUALITY MANAGEMENT PLANS AND BY BY LAWS s THE CONTROL OF CERTAIN POLLUTING FUELS s THE CONTROL OF CERTAIN FUEL BURNING APPLIANCES s THE CONTROL OF DUST NOISE AND OFFENSIVE ODOURS s A LICENSING SYSTEM FOR CERTAIN FUELS APPLICANCES AND ACTIVITIES
490%3 /& !)2 0/,,54!.43 4(!4 !2% 2%'5,!4%$ "9 4(% !1! !IR POLLUTANTS ARE THINGS LIKE GASES AND PARTICLES THAT POLLUTE THE AIR 4HE !1! SETS LIMITS AND STANDARDS FOR THE CONCENTRATIONS OF THESE GASES AND PARTICLES 4HE FOLLOWING ARE SOME OF THE MOST IMPORTANT AIR POLLUTANTS #ARBON MONOXIDE n ITS MAIN SOURCE IS BURNING FUEL FROM MOTOR VEHICLES AS WELL AS FROM BURNING WOOD AND INDUSTRIAL PROCESSES 3ULPHUR DIOXIDE n COAL FIRED POWER STATIONS AND DIESEL ENGINES ARE THE MAIN SOURCES OF THIS GAS ,EAD n LEAD IS FOUND IN NON LEAD FREE FUELS PAINTS BATTERIES AND PIPES WHEN IT IS HEATED IT BECOMES A LIQUID AND APPEARS IN THE AIR AS FINE PARTICLES 0ARTICULATE MATTER n 0ARTICULATES ARE THE TINY PARTICLES IN THE AIR SUCH AS SOOT DUST SMOKE POLLEN ASH AEROSOLS AND DROPLETS OF LIQUID 4HIS CAN BE SEEN AS A WHITE OR BROWN HAZE 6ERY SMALL PARTICULATES CAN BE BREATHED DEEP INTO THE LUNGS 4HE SOURCES OF PARTICULATES INCLUDE FUELS DIESEL ENGINES WOOD BURNING INDUSTRIAL SMOKESTACKS AND CHIMNEYS #ARBON DIOXIDE n THIS IS CAUSED BY THE BURNING OF FUELS SUCH AS COAL PETROL AND DIESEL AND IS THE MOST IMPORTANT GREENHOUSE GAS CONTRIBUTING TO GLOBAL WARMING AND CLIMATE CHANGE 3OURCE #ITY OF #APE 4OWN !IR 1UALITY
.!4)/.!, 7!4%2 !#4 .O OF 4HE .ATIONAL 7ATER !CT RECOGNIZES THAT WATER IS A NATURAL RESOURCE THAT BELONGS TO ALL PEOPLE 4HE .ATIONAL 7ATER !CT REGULATES THE WAY IN WHICH PEOPLE OBTAIN THE RIGHT TO USE WATER AND PROVIDES FOR JUST AND EQUITABLE USE OF WATER RESOURCES 4HE !CT IDENTIFIES SUSTAINABILITY AND EQUALITY AS THE CENTRAL GUIDING PRINCIPLES IN THE PROTECTION USE AND MANAGEMENT OF WATER RESOURCES 4HESE GUIDING PRINCIPLES RECOGNISE s THE BASIC HUMAN NEEDS OF PRESENT AND FUTURE GENERATIONS s THE NEED TO PROTECT WATER RESOURCES s THE NEED TO SHARE SOME WATER RESOURCES WITH OTHER COUNTRIES AND s THE NEED TO PROMOTE SOCIAL AND ECONOMIC DEVELOPMENT THROUGH THE USE OF WATER .ATIONAL GOVERNMENT ACTING THROUGH THE -INISTER AND $EPARTMENT OF 7ATER !FFAIRS AND &ORESTRY IS RESPONSIBLE FOR ACHIEVING THESE BASIC PRINCIPLES 4HE -INISTER HAS THE FINAL RESPONSIBILITY TO FULFILL CERTAIN OBLIGATIONS RELATING TO THE USE ALLOCATION AND PROTECTION OF WATER RESOURCES
3%#4/2!, ,!73 2%,!4).' 4/ 4(% %.6)2/.-%.4 #ERTAIN ENVIRONMENTAL LAWS APPLY TO SPECIFIC ENVIRONMENTAL ISSUES SUCH AS LAND USE PLANNING AND DEVELOPMENT NATURAL RESOURCES AND POLLUTION CONTROL AND WASTE MANAGEMENT
7HEN DEALING WITH AN ENVIRONMENTAL ISSUE FALLING INTO ONE OF THESE THREE CATEGORIES YOU MUST CONSIDER BOTH THE SECTORAL LEGISLATION RELEVANT TO THE ISSUE AND THE FRAMEWORK LEGISLATION 3O FOR EXAMPLE IF YOU WERE LOOKING FOR LAWS RELATING TO THE DEVELOPMENT OF A STEEL MILL YOU WOULD LOOK UNDER ,AND USE 0LANNING AND $EVELOPMENT BECAUSE THE LAW RELATING TO PLANNING WOULD BE IMPORTANT /N THE OTHER HAND IF YOU NEEDED INFORMATION ABOUT HOW TO APPLY FOR A COMMERCIAL FISHING PERMIT OR COMMERCIAL FORESTRY PERMIT YOU WOULD LOOK AT THE LAWS DEALING WITH .ATURAL 2ESOURCES BECAUSE FISH AND FORESTS ARE NATURAL RESOURCES AND THERE ARE SPECIFIC LAWS THAT DEAL WITH THE ALLOCATION OF FISHING AND FORESTRY QUOTAS AND LICENSES 9OU MAY ALSO NEED TO CONSIDER FRAMEWORK LEGISLATION SUCH AS THE %)! PROVISIONS CONTAINED IN .%-! )F YOUR QUOTA OR LICENSE APPLICATION WAS REFUSED YOU COULD CONSIDER USING THE 0ROMOTION OF !DMINISTRATIVE *USTICE !CT TO OBTAIN REASONS FOR THE DECISION OR TO CHALLENGE THE DECISION !LL RELEVANT SECTORAL LEGISLATION HAS BEEN LISTED ACCORDING TO THE ABOVE THREE CATEGORIES IN THE CHECKLIST AT THE END OF THIS CHAPTER )T IS NOT POSSIBLE TO DEAL WITH THE DETAILS OF EACH OF THE LAWS LISTED 4HE CHECKLIST CAN BE USED TO HELP YOU FIND OUT THE LAWS THAT WILL APPLY IN A PARTICULAR SITUATION /NCE IT HAS BEEN ESTABLISHED WHICH LAWS APPLY YOU CAN THEN FOLLOW THE STEPS SET OUT IN THE SECTION ON 7AYS TO RESOLVE ENVIRONMENTAL DISPUTES ON PAGE 7E HAVE ALSO LISTED RELEVANT DRAFT LAWS CALLED "ILLS WHICH THE GOVERNMENT IS CURRENTLY DEVELOPING 4HESE WILL REPLACE MANY OF THE CURRENT LAWS IN THE FUTURE
7AYS TO RESOLVE ENVIRONMENTAL DISPUTES )T IS IMPORTANT TO NOTE THAT THERE ARE TWO WAYS TO RESOLVE ENVIRONMENTAL DISPUTES USING THE COURTS AND THE FORMAL LEGAL CHANNELS OR USING ALTERNATIVE @NON LEGAL METHODS SUCH AS PUBLIC CAMPAIGNS PETITIONS ETC )T MAY BE APPROPRIATE TO USE BOTH WAYS IN SPECIFIC SITUATIONS 7HEN DECIDING WHAT ACTION TO TAKE TO SOLVE AN ENVIRONMENTAL DISPUTE IT IS IMPORTANT TO FIRST DETERMINE WHAT RIGHTS HAVE BEEN INFRINGED /NCE YOU HAVE DONE THIS YOU WILL BE ABLE TO CONSIDER WHICH ACTION WOULD BE MOST APPROPRIATE (ERE IS A SUGGESTED FOUR STEP PLAN FOR DEALING WITH AN ENVIRONMENTAL DISPUTE 3TEP
%STABLISH WHICH RIGHTS ARE INFRINGED
3TEP
7ORK OUT WHAT YOU WANT TO DO TO ADDRESS THE INFRINGEMENT FOR EXAMPLE USE THE COURTS HOLD A PUBLIC DEMONSTRATION ETC
3TEP
$ECIDE WHO TO APPROACH FOR HELP
3TEP
$ECIDE WHAT STEPS TO TAKE IF YOU RECEIVE NO RESPONSE
3EE PAGE 2ESOURCES FOR USEFUL INFORMATION ON TAKING STEPS TO DEAL WITH ENVIRONMENTAL ISSUES IN PARTICULAR REFER TO THE WEBSITE OF THE $EPARTMENT OF %NVIRONMENTAL !FFAIRS AND 4OURISM WWWENVIRONMENTGOVZA
3/,6).' %.6)2/.-%.4!, $)3054%3 7)4(/54 '/).' 4/ #/524 4HERE ARE DIFFERENT WAYS IN WHICH ENVIRONMENTAL DISPUTES CAN BE SOLVED WITHOUT GOING TO COURT
05",)# 0!24)#)0!4)/. #ERTAIN ENVIRONMENTAL LAWS PROVIDE PUBLIC PARTICIPATION PROCEDURES WHEN THE RELEVANT AUTHORITIES MAKE DECISIONS SUCH AS WHETHER OR NOT TO ISSUE PERMITS OR LICENSES OR MAKE REGULATIONS UNDER THE LAW 4HESE LAWS INCLUDE THE %NVIRONMENT #ONSERVATION !CT .%-! .ATIONAL &ORESTS !CT AND THE -ARINE ,IVING 2ESOURCES !CT
4(% 02/-/4)/. /& !$-).)342!4)6% *534)#% !#4 4HIS ACT SETS OUT REQUIREMENTS FOR PROCEDURALLY FAIR ADMINISTRATIVE ACTION 4HIS RANGES FROM NOTICE AND COMMENT TYPE PROCEDURES TO PUBLIC HEARINGS )F THE AUTHORITY FAILS TO COMPLY WITH THESE PROCEDURES THEIR ACTIONS COULD BE HELD TO BE INVALID 3EE PAGE 2IGHT TO JUST ADMINISTRATIVE ACTION 4HE PUBLIC PARTICIPATION PROCEDURES PROVIDE VALUABLE OPPORTUNITIES FOR THE PUBLIC TO BECOME INVOLVED IN THE DECISIONS AND ACTIONS TAKEN UNDER THESE LAWS (OWEVER PUBLIC PARTICIPATION IN THESE PROCESSES MAY REQUIRE A FAIRLY HIGH LEVEL OF EXPERTISE AND AWARENESS OF PLANNING AND DEVELOPMENT PROCEDURES 0ARTNERSHIPS WITH ENVIRONMENTAL GROUPS AND FRIENDLY ACADEMICS WILL PROBABLY BE NECESSARY
%.6)2/.-%.4!, #!-0!)'.3 %NVIRONMENTAL ISSUES ARE INCREASINGLY BECOMING THE FOCUS OF PUBLIC CAMPAIGNS 4HESE ISSUES ARE OFTEN CALLED GREEN ISSUES "Y DRAWING THE ATTENTION OF THE GOVERNMENT AND DEVELOPERS TO THE FACTS IT MAY BE ENOUGH FOR THEM TO SEEK BETTER SOLUTIONS OR BE PREPARED TO NEGOTIATE )T IS OFTEN BEST TO TACKLE A PROBLEM BY APPEALING FOR NEGOTIATIONS OR MEDIATION WITH THOSE RESPONSIBLE FOR THE PROBLEM /THER ACTION SHOULD BE CONSIDERED SUCH AS PROTESTS MEDIA CAMPAIGNS AND FINALLY POSSIBLE COURT ACTION 9OU CAN APPROACH LOCAL COMMUNITY ORGANISATIONS TO ADD PRESSURE TO THE CAMPAIGN ,OCAL NEWSPAPERS MAY HELP BY PUBLICISING SOMETHING THAT IS HAPPENING IN THE ENVIRONMENT %NVIRONMENTAL ORGANISATIONS MAY BE INVOLVED IN HELPING TO DEVELOP GOVERNMENT POLICY EMPOWERING PEOPLE TO PARTICIPATE IN LAW MAKING OR POLICY PROCESSES OR PUBLIC PARTICIPATION PROCESSES LOBBYING FOR ENVIRONMENTAL CHANGES OR ACTIONS TAKING UP PEOPLES ENVIRONMENTAL RIGHTS TAKING UP ENVIRONMENTAL OR CONSERVATION ISSUES CAUSED BY EXISTING DEVELOPMENTS WORKING ON CONSERVATION AND SO ON 3EE PAGE 2ESOURCES FOR CONTACT DETAILS OF ENVIRONMENTAL ORGANIZATIONS
42!$% 5.)/.3 -EMBERS OF TRADE UNIONS CAN PLAY AN ACTIVE ROLE IN ENVIRONMENTAL ISSUES BY TAKING UP ISSUES RELATING TO WORKPLACE HEALTH AND SAFETY 4RADE UNIONS CAN EXTEND THEIR ACTIVITIES BEYOND IMMEDIATE WORKPLACE NEEDS TO THE WORKER ENVIRONMENT IN GENERAL 4RADE UNIONS CAN TAKE ACTION AGAINST INDUSTRIES THAT HAVE A BAD AFFECT ON THE ENVIRONMENTS WHERE COMMUNITIES LIVE &OR EXAMPLE IF A PARTICULAR INDUSTRY IS DUMPING ITS POISONOUS WASTE PRODUCTS INTO A RIVER WHICH RUNS THROUGH A TOWN THIS CAN BE VERY BAD FOR PEOPLE WHO USE THE RIVER OR CHILDREN WHO PLAY IN THE RIVER 4HE TRADE UNION CAN TAKE THIS UP WITH THE MANAGEMENT AND THREATEN TO TAKE ACTION UNLESS MANAGEMENT DOES SOMETHING ABOUT THE POLLUTION
,/""9).' ,/#!, '/6%2.-%.4 -ANY DECISIONS AFFECTING THE ENVIRONMENT TAKE PLACE AT A LOCAL LEVEL !LTHOUGH LAWS ABOUT ENVIRONMENTAL ISSUES ARE MADE AT NATIONAL AND PROVINCIAL LEVEL IMPLEMENTATION AND MONITORING OF THE LAWS IS OFTEN A LOCAL ISSUE &OR EXAMPLE IT IS AT LOCAL LEVEL THAT SETTLEMENTS ARE PLANNED AND DEVELOPMENT DECISIONS REGARDING INDUSTRIAL COMMERCIAL AND RESIDENTIAL GROWTH ARE TAKEN 4HE LOCAL COUNCIL MANAGES SEWAGE AND DRAINAGE WASTE DISPOSAL AND SO ON 3O IT IS AT LOCAL LEVEL THAT PEOPLE NEED TO CONTRIBUTE TO ENVIRONMENTAL DECISIONS AND TAKE UP ISSUES )F THERE IS A PARTICULAR ENVIRONMENTAL ISSUE IN YOUR AREA WHICH NEEDS ATTENTION YOU CAN GO TO THE LOCAL COUNCIL IN YOUR AREA AND POINT THIS OUT TO THEM )F THEY DONT TAKE ACTION THEN YOU CAN APPROACH THE RELEVANT DEPARTMENT IN THE NATIONAL GOVERNMENT 4HE NATIONAL $EPARTMENT OF %NVIRONMENT !FFAIRS AND PROVINCIAL $EPARTMENTS OF .ATURE #ONSERVATION ARE MAINLY RESPONSIBLE FOR ENVIRONMENTAL CONSERVATION "UT OTHER GOVERNMENT DEPARTMENTS WILL BE INVOLVED IF THE ISSUE IS ABOUT PROVIDING SAFE AND HEALTHY ENVIRONMENTS FOR PEOPLE 9OU COULD ALSO LOBBY PARLIAMENTARY PORTFOLIO COMMITTEES 3EE PAGE ,OBBYING
3/,6).' %.6)2/.-%.4!, $)3054%3 ). 4(% #/5243 4HERE ARE VARIOUS REMEDIES TO ENVIRONMENTAL PROBLEMS THAT ARE AVAILABLE THROUGH THE LEGAL SYSTEM (OWEVER USING THE COURTS TO SOLVE AN ENVIRONMENTAL PROBLEM CAN BE VERY EXPENSIVE BECAUSE OF THE LEGAL FEES INVOLVED &OR THIS REASON GOING TO COURT SHOULD BE SEEN AS THE LAST RESORT IN SOLVING A PROBLEM /THER @NON LEGAL METHODS SHOULD FIRST BE EXPLORED
,%'!, 34!.$).' 4/ "2).' ! -!44%2 "%&/2% 4(% #/524 4HE LAW SAYS THAT A PERSON MUST HAVE SOME PERSONAL INTEREST IN A MATTER IF THAT PERSON WANTS TO BRING THAT MATTER BEFORE THE COURT 4HIS RULE CALLED THE REQUIREMENT OF LOCUS STANDI HAS SOMETIMES COUNTED AGAINST A PERSON WHO HAS WANTED TO RAISE AN ENVIRONMENTAL ISSUE WITH THE COURT BECAUSE IT HAS BEEN FOUND THAT THEY DO NOT HAVE SUFFICIENT PERSONAL INTEREST IN THE MATTER (OWEVER THE #ONSTITUTION SAYS THAT IN ADDITION TO PEOPLE ACTING IN THEIR OWN INTEREST THE FOLLOWING PEOPLE CAN ALSO APPROACH A COURT WITH REGARD TO THE ISSUE OF AN INFRINGEMENT OF A PERSONS RIGHT s ANYONE ACTION ON BEHALF OF ANOTHER PERSON WHO CANNOT ACT IN THEIR OWN NAME s ANYONE ACTING AS A MEMBER OF OR IN THE INTEREST OF A GROUP OR CLASS OF PERSONS s ANYONE ACTING IN THE PUBLIC INTEREST s AN ASSOCIATION ACTING IN THE INTERESTS OF ITS MEMBERS 3O INDIVIDUALS AND .ON 'OVERNMENTAL /RGANISATIONS .'/S ARE ALLOWED TO TAKE ACTION TO PROTECT THE ENVIRONMENT IN THE PUBLIC INTEREST /NE PERSON FROM THE GROUP CAN REPRESENT THE INTERESTS OF THE WHOLE GROUP )F THE GROUP DOESNT HAVE SUFFICIENT FUNDS TO PAY THE LEGAL COSTS THEN AN .'/ COULD TAKE ACTION .%-! ALSO SAYS THAT A PERSON CAN APPROACH THE COURT FOR RELIEF FOR A BREACH OR THREATENED BREACH OF .%-! OR ANY OTHER ENVIRONMENTAL LAW IF IT IS s IN THAT PERSONS OR GROUP OF PERSONS OWN INTEREST s IN THE INTEREST OF OR ON BEHALF OF A PERSON WHO IS FOR PRACTICAL REASONS UNABLE TO INSTITUTE SUCH PROCEEDINGS s IN THE INTEREST OF OR ON BEHALF OF A GROUP OR CLASS OF PERSONS WHOSE INTERESTS ARE AFFECTED s IN THE PUBLIC INTEREST AND s IN THE INTEREST OF PROTECTING THE ENVIRONMENT .%-! ALSO CONTAINS SOME PROVISIONS RELATING TO THE LEGAL COSTS ASSOCIATED WITH TAKING A MATTER TO COURT )T SAYS THAT IF A PERSON BRINGS A MATTER TO COURT IN THE ENVIRONMENTAL OR PUBLIC INTEREST AND LOSES THE COURT DOES NOT HAVE TO ORDER THEM TO PAY THE COSTS OF THE WINNING PARTY )N ADDITION IF THE PERSON WINS THE COURT CAN GRANT THEM CERTAIN ADDITIONAL LEGAL COSTS TO THAT WHICH THEY WOULD ORDINARILY HAVE BEEN ENTITLED;DELETED= 4HESE PROVISIONS SHOULD ASSIST PEOPLE WHO WISH TO BRING MATTERS TO COURT IN THE ENVIRONMENTAL OR PUBLIC INTEREST
490%3 /& ,%'!, 2%-%$)%3 34!454/29 2%-%$)%3 4HE VARIOUS LAWS LISTED ABOVE EACH PROVIDE LEGAL REMEDIES THAT ARE PARTICULAR TO THE INDIVIDUAL LAW )N ORDER TO USE THESE REMEDIES YOU WILL NEED TO DETERMINE WHICH LAW IS RELEVANT TO A PERSONS SPECIFIC NEEDS AND PERHAPS WITH THE HELP OF AN ATTORNEY DECIDE HOW TO USE THE SPECIFIC LAW !SK THE FOLLOWING QUESTIONS WHEN TRYING TO ESTABLISH WHICH LAW APPLIES TO YOUR CLIENTS QUERY s 7HAT DO .%-! OR ANY OF THE OTHER FRAMEWORK ENVIRONMENTAL LAWS SAY 3EE PAGE &RAMEWORK ENVIRONMENTAL LAWS s 7HAT OTHER SECTORAL LAWS DOES THE QUERY RELATE TO &OR EXAMPLE DOES IT RELATE TO POLLUTION AND WASTE MANAGEMENT LAND USE PLANNING AND DEVELOPMENT NATURAL RESOURCES OR WORKERS ENVIRONMENTAL RIGHTS
/NCE YOU HAVE IDENTIFIED THE APPLICABLE LAW YOU MUST DECIDE WHAT LEGAL REMEDY YOU WISH TO PURSUE 4HE REMEDIES THAT FOLLOW ARE USEFUL IN THE PROTECTION OF ENVIRONMENTAL RIGHTS
4(% ).4%2$)#4 4HE COURTS CAN BE APPROACHED TO INTERDICT A PERSON FROM DOING A HARMFUL ACTION WITHOUT GOING THROUGH THE PROCESS OF CLAIMING DAMAGES 3EE PAGE )NTERDICTS 4HERE ARE THREE BASIC REQUIREMENTS FOR GRANTING AN INTERDICT s THERE MUST BE AN ACTION WHICH CAN ALREADY BE HAPPENING OR ABOUT TO START s THE ACTION MUST BE WRONGFUL n THIS ALSO MEANS THAT THE PERSON ASKING FOR THE INTERDICT MUST HAVE A CLEAR RIGHT THAT IS IN NEED OF PROTECTION s THE PERSON ASKING FOR THE INTERDICT MUST HAVE NO OTHER REMEDY AVAILABLE TO HIM %8!-0,%
'%44).' !. ).4%2$)#4
-EMBERS OF YOUR COMMUNITY LIVE NEAR A SAWMILL WHICH PREPARES WOOD PLANKS FOR SALE TO THE BUILDING TRADE /NCE THE PLANKS ARE MADE THE REMAINING SAWDUST AND WOOD CHIPS ARE BURNT 4HIS RESULTS IN HUGE CLOUDS OF SMOKE WHICH CAUSES BAD AIR POLLUTION IN THE AREA #HILDREN LIVING NEAR THE SAWMILL HAVE STARTED DEVELOPING SERIOUS ASTHMA SYMPTOMS WHICH THE DOCTOR SAYS IS CAUSED BY THE POLLUTION "Y CAUSING THE AIR POLLUTION THE SAW MILL IS INFRINGING PEOPLES ENVIRONMENTAL RIGHTS )T IS ALSO LIKELY THAT THE SAW MILL IS GOING AGAINST THE REQUIREMENTS OF A SPECIFIC LAW 4HIS FACTOR WILL ADD WEIGHT TO THE ARGUMENT THAT MUST BE PUT BEFORE THE COURT WHEN THE APPLICATION FOR AN INTERDICT IS BROUGHT 4HERE IS ALSO NO OTHER REMEDY AVAILABLE TO THE PEOPLE LIVING NEAR THE SAWMILL 4HE COMMUNITY COULD BRING AN APPLICATION FOR AN INTERDICT ORDERING THE OWNERS OF THE SAW MILL TO STOP THE BURNING PROCESS
!00%!, !.$ 2%6)%7 2EVIEW REFERS TO THE COURTS ABILITY TO QUESTION WHETHER THE PROCEDURE FOLLOWED FOR THE MAKING OF AN ADMINISTRATIVE DECISION BY GOVERNMENT WAS CORRECT 9OU CAN APPROACH THE COURT TO REVIEW AN ADMINISTRATIVE DECISION WHEN YOU FEEL THAT CORRECT PROCEDURES HAVE NOT BEEN FOLLOWED WHEN TAKING AN ADMINISTRATIVE DECISION &OR EXAMPLE A FACTORY HAS BEEN SET UP WITHOUT THE PEOPLE WHO LIVE NEAR THE FACTORY BEING GIVEN A CHANCE TO EXPRESS THEIR VIEWS ON WHETHER THEY WANT THE FACTORY TO BE BUILT OR NOT $IFFERENT LAWS SET OUT DIFFERENT PERIODS WITHIN WHICH YOU MUST REVIEW A DECISION AND YOU SHOULD ABIDE BY THESE TIME PERIODS 9OU WILL NEED TO CONSULT AN ATTORNEY IN ORDER TO APPLY FOR A REVIEW 3EE PAGE 7HAT IS A REVIEW !PPEAL IS ANOTHER WAY IN WHICH WE CAN CHALLENGE THE OUTCOME OF AN ADMINISTRATIVE DECISION 7HILE REVIEW LIMITS US TO TESTING WHETHER THE PROCEDURE THAT WAS FOLLOWED IN MAKING AN ADMINISTRATIVE DECISION WAS CORRECTLY FOLLOWED WHEN YOU APPEAL AGAINST AN ADMINISTRATIVE DECISION YOU ARE ASKING THE COURT TO LOOK AT THE REASONS WHY THE DECISION WAS MADE )N OTHER WORDS YOU ASK THE COURT TO LOOK AT THE INFORMATION THAT WAS CONSIDERED BY THE DECISION MAKER IN COMING TO THE DECISION 9OU CAN APPEAL AGAINST THE OUTCOME OF AN ADMINISTRATIVE DECISION WHEN YOU FEEL THAT THE INFORMATION AVAILABLE TO THE DECISION MAKER SHOULD HAVE RESULTED IN A DECISION DIFFERENT FROM THE ONE THAT WAS GIVEN $IFFERENT LAWS SET OUT DIFFERENT PERIODS WITHIN WHICH YOU MUST APPEAL A DECISION AND YOU SHOULD ABIDE BY THESE TIME PERIODS 9OU WILL NEED TO CONSULT AN ATTORNEY IN ORDER TO LODGE AN APPEAL 3EE PAGE 7HAT IS AN APPEAL
$%,)#45!, #,!)9OU CAN MAKE A DELICTUAL CLAIM WHEN THE ACTIONS OF ANOTHER PERSON HAVE CAUSED HARM TO YOUR PROPERTY OR YOURSELF 4HE HARM IS REPRESENTED AS AN AMOUNT OF MONEY WHICH IS PAID TO YOU BY THE WRONGDOER TO COMPENSATE YOU FOR THE HARM YOU HAVE SUFFERED 9OU WILL NEED TO CONSULT AN ATTORNEY TO BRING A DELICTUAL CLAIM BEFORE THE COURT 3EE PAGE ,AW OF $ELICT
02/",%-3 -AKING COMPLAINTS ABOUT ENVIRONMENTAL PROBLEMS ).$5342)!, &5-%3 ! SMALL FACTORY IN YOUR NEIGHBOURHOOD IS BURNING SOMETHING THAT GIVES OFF FUMES AND CLOUDS OF SMOKE THAT MAKE YOU FEEL ILL
7(!4 #!. 9/5 $/ 7RITE A LETTER TO THE COMMITTEE IN THE MUNICIPALITY THAT DEALS WITH ENVIRONMENTAL ISSUES REPORTING THE MATTER AND ASKING THEM TO INVESTIGATE
2!7 3%7%2!'% ! SEWERAGE TREATMENT PLANT REGULARLY OVERFLOWS AND RAW SEWERAGE IS PUMPED INTO A RIVER WHERE CHILDREN PLAY
7(!4 #!. 9/5 $/ 7RITE A LETTER OF COMPLAINT TO THE $EPARTMENT OF 7ATER !FFAIRS AND &ORESTRY AND TO THE COMMITTEE IN THE MUNICIPALITY THAT DEALS WITH WATER AFFAIRS
,/#!, $%6%,/0-%.4 9OUR MUNICIPALITY IS MAKING A DECISION ABOUT A DEVELOPMENT THAT WILL CHANGE THE ENVIRONMENT IN THE AREA 9OU FEEL CERTAIN PRINCIPLES OF .%-! HAVENT BEEN FOLLOWED IN THE PLANNING PROCESS AND YOU ARE AFRAID THAT THE DEVELOPMENT WILL GO AHEAD
7(!4 #!. 9/5 $/ 9OU CAN s !PPROACH THE FULL TIME COUNCIL OFFICIALS LIKE THE 4OWN 0LANNING $EPARTMENT AND EXPLAIN YOUR CONCERN !SK FOR INFORMATION ABOUT THE DEVELOPMENT AND WHICH COMMITTEES WILL BE DECIDING THE ISSUE s 2EPORT YOUR CONCERNS AND RECOMMENDATIONS TO THE CHAIRPERSON OF THE RELEVANT LOCAL GOVERNMENT COMMITTEE THAT IS RESPONSIBLE FOR MAKING DECISIONS REGARDING DEVELOPMENT !SK THEM FOR FEEDBACK WITHIN A SPECIFIED PERIOD OF TIME s )F THE COMMITTEE DOES NOT RESPOND TO YOUR RECOMMENDATIONS WRITE A LETTER OF COMPLAINT TO THE COUNCIL EXECUTIVE COMMITTEE 7ARN THEM IF YOU BELIEVE THEY DID NOT FOLLOW THE RIGHT PROCEDURES OR WENT AGAINST .%-! 4ELL THEM YOU MIGHT GO TO COURT AND CHALLENGE THEIR DECISION 7AIT FOR THE RESPONSE TO YOUR COMPLAINT )F IT GOES AGAINST YOU THINK ABOUT APPEALING OR APPLYING FOR CONCILIATION AND ONLY THEN CONSIDER GOING TO COURT TO SET THE DECISION ASIDE
!PPEALING AGAINST GOVERNMENT ENVIRONMENT DECISIONS ,!.$ 53% 4HE GOVERNMENT PLANS TO USE LAND IN A CERTAIN WAY AND YOU THINK IT IS GOING TO HAVE A BAD AFFECT ON THE ENVIRONMENT
7(!4 #!. 9/5 $/ 7RITE A LETTER APPEALING AGAINST THE DECISION )N YOUR LETTER s EXPLAIN YOUR COMPLAINT IN DETAIL s SAY WHICH .%-! ENVIRONMENTAL PRINCIPLES HAVE BEEN DISOBEYED 3EE PAGE 7HAT ARE THE .%-! PRINCIPLES s SAY WHICH LAW HAS BEEN BROKEN AND WHY YOU THINK THE DECISION IS UNREASONABLE 3EE PAGE #HECKLIST OF SECTORAL LAWS )F YOU ARE NOT SATISFIED WITH THE RESULT OF YOUR APPEAL YOU CAN ASK THE GOVERNMENT TO FIND AND PAY FOR A CONCILIATOR TO TRY TO SOLVE THE DISPUTE
#OMPLAINING TO THE $IRECTOR 'ENERAL 0/,,54)/. ! GROUP OF PEOPLE HAVE BEEN BURNING LARGE NUMBERS OF TYRES IN AN OPEN FIELD IN ORDER TO SELL THE STEEL THAT IS FOUND INSIDE THE TYRES 9OUR MUNICIPALITY HAS BEEN UNABLE TO CATCH THEM OR STOP THEM BURNING THE TYRES 4HE LAND OWNER CANNOT CONTROL THE TYRE BURNERS EITHER
7(!4 #!. 9/5 $/ &IRST COMPLAIN TO THE MUNICIPALITY AND THEN THE PROVINCIAL GOVERNMENT )F YOU ARE NOT SATISFIED WITH THE STEPS TAKEN BY THE MUNICIPALITY OR PROVINCIAL GOVERNMENT YOU SHOULD WRITE TO THE $IRECTOR 'ENERAL OR PROVINCIAL HEAD OF DEPARTMENT 9OU MUST s WRITE A STATEMENT OF THE FACTS OF THE COMPLAINT s ADD COPIES OF ALL LETTERS OF COMPLAINT TO OTHER GOVERNMENT OFFICIALS AND ANSWERS RECEIVED s ADD MAPS PHOTOGRAPHS OR VIDEO EVIDENCE MEDICAL EVIDENCE OF INJURY AND SO ON IF YOU HAVE THIS )F YOU MAKE A COMPLAINT TO THE $IRECTOR 'ENERAL OR PROVINCIAL HEAD THEY MUST INVESTIGATE THE CASE AND TELL THE POLLUTER TO TAKE REASONABLE STEPS TO STOP THE PROBLEM BY A CERTAIN DATE )F YOU ARE NOT SATISFIED WITH THE RESULT OF YOUR COMPLAINT YOU CAN ASK THE GOVERNMENT TO FIND AND PAY FOR A CONCILIATOR TO TRY TO SOLVE THE DISPUTE 3EE PAGE .ATIONAL %NVIRONMENTAL -ANAGEMENT !IR 1UALITY !CT .O OF
!PPLYING FOR CONCILIATION OR ARBITRATION '/6%2.-%.4 !.$ #/--5.)49 $%!$,/#+ 4HE GOVERNMENT DECIDES TO ALLOW A DAM TO BE BUILT THAT WILL DESTROY MANY VILLAGES AND NATURAL AREAS ! STUDY WAS DONE ON THE LIKELY IMPACT ON THE ENVIRONMENT ENVIRONMENTAL IMPACT ASSESSMENT "UT THE ENVIRONMENTAL IMPACT ASSESSMENT REPORT DOES NOT TAKE INTO ACCOUNT CULTURAL NEEDS LIKE THE FACT THAT THE DAM WILL FLOOD GRAVES AND RELIGIOUS SITES 4HE LOCAL COMMUNITY IS AGAINST THE DAM DEVELOPMENT BECAUSE OF THIS 4HE COMMUNITY AND THE GOVERNMENT CANNOT RESOLVE THEIR DIFFERENCES
7(!4 #!. 9/5 $/ 7RITE A LETTER TO THE MINISTER MEMBER OF PROVINCIAL EXECUTIVE COUNCIL OR MUNICIPAL COUNCIL WHICHEVER ONE IS CONCERNED WITH THE DISPUTE AND ASK THEM TO REFER THE DISPUTE TO A CONCILIATOR OR FACILITATOR )F THE PARTIES CANNOT AGREE THE CONCILIATOR CAN ASK THE TWO PARTIES WHETHER THEY WOULD LIKE THE CASE TO GO TO ARBITRATION 4HE ARBITRATORSg DECISION WILL THEN BE FINAL
(ARM TO THE ENVIRONMENT 7/2+%23 #!. 2%&53% 7/2+ 4(!4 (!2-3 4(% %.6)2/.-%.4 9OU WORK FOR A DOCTOR AND YOUR WORK INCLUDES CLEANING UP AND THROWING AWAY WASTE 4HE DOCTOR ALWAYS TELLS YOU TO THROW THE MEDICAL WASTE IN A NEARBY EMPTY FIELD 9OU FEEL THIS IS WRONG AND ONE DAY YOU TELL THE DOCTOR WHY YOU THINK IT IS WRONG 4HE DOCTOR THREATENS TO DISMISS YOU
7(!4 #!. 9/5 $/ 9OU CAN TELL THE DOCTOR THAT .%-! SAYS YOU CANNOT BE DISMISSED FOR REFUSING TO DO THIS
2%0/24).' !#4)6)4)%3 4(!4 (!2- 4(% %.6)2/.-%.4 9OU WORK FOR A COMPANY THAT GROWS VEGETABLES /NE OF YOUR BOSSES IS SECRETLY USING A BANNED PESTICIDE ON ONE OF THE FARMS IN ORDER TO GROW MORE VEGETABLES
7(!4 #!. 9/5 $/ 9OU SHOULD REPORT THIS TO SOMEONE SENIOR IN THE COMPANY )F THE ACTIVITY CARRIES ON YOU CAN REPORT IT TO A COMMITTEE OF PARLIAMENT OR THE PROVINCIAL LEGISLATURE TO THE 0UBLIC 0ROTECTOR !TTORNEY 'ENERAL OR THE 3OUTH !FRICAN (UMAN 2IGHTS #OMMISSION .%-! HELPS PROTECT YOU AGAINST BEING VICTIMISED FOR BLOWING THE WHISTLE ON YOUR BOSS
#(%#+,)343 "EST ACTION TO TAKE WHEN DEALING WITH ENVIRONMENTAL ISSUES 4HESE ARE THINGS TO THINK ABOUT WHEN CHOOSING THE BEST ACTION TO TAKE WHEN SOMEONE OR THE GOVERNMENT HAS DONE SOMETHING BAD TO THE ENVIRONMENT s (OW MUCH WILL IT COST TO TAKE THIS ACTION s (OW LONG WILL THE ACTION TAKE s !RE WE LIKELY TO ACHIEVE OUR AIMS s "ESIDE FINANCIAL BACKING WHAT OTHER SUPPORT DO WE NEED SUCH AS TECHNICAL SUPPORT TO ACHIEVE OUR AIMS s )S THIS SUPPORT AVAILABLE
3ECTORAL LAWS 4HE LAWS LISTED HERE ARE ONLY THE MOST IMPORTANT NATIONAL LAWS THAT DEAL SPECIFICALLY WITH ENVIRONMENTAL ISSUES 0ROVINCIAL LAWS ARE NOT INCLUDED 3EE PAGE 3ECTORAL LAWS
,!.$ 53% 0,!..).' !.$ $%6%,/0-%.4 ,!.$ 2%&/2s 5PGRADING OF ,AND 4ENURE 2IGHTS !CT OF s ,ESS &ORMAL 4OWNSHIPS %STABLISHMENT !CT OF s 2ESTITUTION OF ,AND 2IGHTS !CT OF s ,AND 2EFORM ,ABOUR 4ENANTS !CT OF s #OMMUNAL 0ROPERTY !SSOCIATIONS !CT OF s )NTERIM 0ROTECTION OF )NFORMAL ,AND 2IGHTS !CT OF s %XTENSION OF 3ECURITY OF 4ENURE !CT OF s 0REVENTION OF )LLEGAL %VICTION AND 5NLAWFUL /CCUPATION OF ,AND !CT OF s #OMMUNAL ,AND 2IGHTS !CT OF 0,!..).' s 4HE $EVELOPMENT &ACILITATION !CT OF s ,OCAL 'OVERNMENT 4RANSITION !CT OF s ,OCAL 'OVERNMENT -UNICIPAL 3TRUCTURES !CT OF s ,OCAL 'OVERNMENT -UNICIPAL 3YSTEMS !CT OF s .ATIONAL "UILDING 2EGULATIONS AND "UILDING 3TANDARDS !CT OF %.6)2/.-%.4!, !33%33-%.4 s %NVIRONMENT #ONSERVATION !CT OF AND 2EGULATIONS 2 TO 2 IN 'OVERNMENT 'AZETTE .O OF 3EPTEMBER s .ATIONAL %NVIRONMENTAL -ANAGEMENT !CT OF #HAPTER s -INERALS AND 0ETROLEUM 2ESOURCES $EVELOPMENT !CT OF s -ARINE ,IVING 2ESOURCES !CT OF .ATIONAL 7ATER !CT OF 02/4%#4%$ !2%!3 s .%- 0ROTECTED !REAS !CT OF s .ATIONAL &ORESTS !CT OF s %NVIRONMENT #ONSERVATION !CT OF s 7ORLD (ERITAGE #ONVENTION !CT OF
s .ATIONAL (ERITAGE 2ESOURCES !CT OF s -ARINE ,IVING 2ESOURCES !CT OF
4(% #/!34 s -ARITIME :ONES !CT OF s 3EA 3HORE !CT OF s /26 2EGULATIONS '. 2 IN 'OVERNMENT 'AZETTE .O DATED $ECEMBER AS AMENDED IN s .%- #OASTAL -ANAGEMENT "ILL WILL REPEAL 3EA 3HORE !CT
.!452!, 2%3/52#%3 !'2)#5,452!, 2%3/52#%3 s #ONSERVATION OF !GRICULTURAL 2ESOURCES !CT OF s 4HE &ERTILIZERS &ARM &EEDS !GRICULTURAL 2EMEDIES AND 3TOCK 2EMEDIES !CT OF s !GRICULTURAL 0ESTS !CT OF s &OODSTUFFS #OSMETICS AND $ISINFECTANTS !CT OF 3UBDIVISION OF !GRICULTURAL ,ANDS !CT OF s 3USTAINABLE 5SE OF !GRICULTURAL 2ESOURCES "ILL WILL REPEAL THE #ONSERVATION OF !GRICULTURAL 2ESOURCES !CT ")/$)6%23)49 !.$ '%.%4)# -/$)&)#!4)/. s .%- "IODIVERSITY !CT OF s 'ENETICALLY -ODIFIED /RGANISMS !CT OF s 0LANT "REEDERS 2IGHTS !CT OF s 0LANT )MPROVEMENT !CT OF s !NIMAL )MPROVEMENT !CT OF s #ONSERVATION OF !GRICULTURAL 2ESOURCES !CT OF 7),$ !.)-!,3 &/2%343 !.$ 0,!.43 s 'AME 4HEFT !CT OF s !NIMALS 0ROTECTION !CT OF s .ATIONAL &ORESTS !CT OF s .ATIONAL 6ELD AND &OREST &IRE !CT OF ,)6).' -!2).% 2%3/52#%3 s -ARINE ,IVING 2ESOURCES !CT OF s 3EA "IRDS AND 3EALS 0ROTECTION !CT OF 7!4%2 s .ATIONAL 7ATER !CT OF s 4HE 7ATER 3ERVICES !CT OF s 4HE -OUNTAIN #ATCHMENT !REAS !CT OF -).).' !.$ %.%2'9 s -INERALS AND 0ETROLEUM 2ESOURCES $EVELOPMENT !CT OF s .UCLEAR %NERGY !CT OF s .ATIONAL .UCLEAR 2EGULATOR !CT OF s -INE (EALTH AND 3AFETY !CT OF s %LECTRICITY !CT OF s 0ETROLEUM 0RODUCTS !CT OF (%2)4!'% 2%3/52#%3 s .ATIONAL (ERITAGE 2ESOURCES !CT OF s .ATIONAL (ERITAGE #OUNCIL !CT OF
0/,,54)/. #/.42/, !.$ 7!34% -!.!'%-%.4 ,!.$ s .ATIONAL %NVIRONMENT -ANAGEMENT !CT OF s %NVIRONMENT #ONSERVATION !CT OF s (EALTH !CT OF s 4HE (AZARDOUS 3UBSTANCES !CT OF s &OODSTUFFS #OSMETICS AND $ISINFECTANTS !CT OF s -INERALS AND 0ETROLEUM 2ESOURCES $EVELOPMENT !CT OF s .UCLEAR %NERGY !CT OF s .ATIONAL .UCLEAR 2EGULATOR !CT OF s /CCUPATIONAL (EALTH AND 3AFETY !CT OF s .%- )NTEGRATED 7ASTE -ANAGEMENT "ILL WILL REPLACE %NVIRONMENTAL #ONSERVATION !CT !)2 s !TMOSPHERIC 0OLLUTION 0REVENTION !CT OF s .%- !IR 1UALITY "ILL WILL REPLACE !TMOSPHERIC 0OLLUTION 0REVENTION !CT
./)3% s .OISE #ONTROL 2EGULATIONS '. 2 IN 'OVERNMENT 'AZETTE .O OF *ANUARY MADE IN TERMS OF 3ECTION OF THE %NVIRONMENT #ONSERVATION !CT OF s !VIATION !CT OF s 2OAD 4RAFFIC !CT OF
7!4%2 &RESH 7ATER s .ATIONAL 7ATER !CT OF s 7ATER 3ERVICES !CT OF s .ATIONAL %NVIRONMENT -ANAGEMENT !CT OF s %NVIRONMENT #ONSERVATION !CT OF s (EALTH !CT OF 3ECTION C 3EA 7ATER s 3EA 3HORE !CT OF s -ARITIME :ONES !CT OF s 4RAFFIC !CT OF s -ERCHANT 3HIPPING !CT OF s 7RECK AND 3ALVAGE !CT OF s -ARINE 0OLLUTION 0REVENTION OF 0OLLUTION FROM 3HIPS !CT OF s -ARINE 0OLLUTION )NTERVENTION !CT OF s -ARINE 0OLLUTION #ONTROL AND #IVIL ,IABILITY !CT OF s $UMPING AT 3EA #ONTROL !CT OF s 2EGULATIONS AND IN 'OVERNMENT 'AZETTE .O OF 3EPTEMBER PROMULGATED IN TERMS OF -ARINE ,IVING 2ESOURCES !CT OF
). 4(% 7/2+0,!#% s /CCUPATIONAL (EALTH AND 3AFETY !CT OF s -INE (EALTH AND 3AFETY !CT OF
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