Chapter 5: THE POLICY AND LEGISLATIVE ENVIRONMENT

Author: Dries Visser (Late)

Bohlweki Environmental (Pty) Ltd., Midrand, Johannesburg
CONTENTS

Roles and Functions of the North West Province Government

Key Legislation and Policies for Environmental Management

Bibliography

Appendices

Appendix 1: Important International Treaties and Conventions for Environmental Management
Appendix 2: National legislation which has implications for environmental management
Appendix 3: Policies of South Africa which have implications for environmental management
Appendix 4: Provincial Environmental Legislation

5.1. Introduction

The election of a democratic government in 1994 saw a major review of South Africa's strategic environmental management policies and strategies. The foundation for this exercise was provided by the Reconstruction and Development Programme (RDP) document published by the new government. After a lengthy and thorough process of consultation with all interested and affected parties (CONNEPP), the central government published a White Paper on an environmental management policy for the South Africa, later to become the National Environmental Management Act (Act No. 107 of 1998).

At the same time the Constitution also provided significant and substantive guidance on environmental management policies and strategies by including environmental and associated rights in the basic law of the country. Section 24 of the Constitution states that:
"Everyone has the right -

to an environment that is not harmful to their health or well-being; and

to 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; and

secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development."

Schedule 4 of the Constitution lists the environment as a "functional area of concurrent national and provincial legislative competence". It is clear that the Province has significantly enhanced powers and authority to management the provincial environment in its entirety. However, the Province may not promulgate legislation that is in conflict with national legal provisions (Section 146(2)(c)(vi) of the Constitution). Thus, national legislation pertaining to the environment prevails over provincial laws and regulations. Prior to 1994 the provinces were mainly tasked with the legislative and administrative control of nature conservation, while the governmental responsibility for the environment as a whole was assigned to the central government with very few functions delegated to the second tier of government. However, now the provinces have significant and substantive legislative powers with regard to environmental management.

5.2. Policy and Legislative Framework

The national government is responsible for designing and developing a national environmental management policy and the legislation to support this. The provinces are co-responsible for implementing such policies on a regional basis together with the other two tiers of government (central and local). The full complement of environmental-management-specific and related international, national and provincial policy, legislation and guidelines are listed in Appendices 1-4. This provides an impression of the diversity and complexity of the environmental policy and legal environment and the problems experienced with effective communication, inter-institutional arrangements, co-operative governance, harmonised decision-making and integrated environmental management in general.

The primary characteristics of the South African national, provincial and sectoral environmental management policies and legislation can be summarised as follows:

International initiatives and practices to protect the environment are taken into consideration;
The establishment of democratic institutions and the promotion of democracy in environmental governance is sought;
A human rights culture has become part of environmental management;
Environmental management principles, procedures and methods are integrated into the functions and activities of all sectors;
Co-operative governance and harmonised decision-making is promoted;
Transparency and the participation of all interested and affected parties in environmental governance is promoted;
All sectors must demonstrate a duty-of-care towards the environment, and
The focus on environmental management principles such as human needs must be considered first, including the principles of sustainability, polluter pays and cradle-to-grave responsibility.

International environmental management policies and laws are also important for the provincial governments from the following perspectives:

Although the national Department of Environmental Affairs and Tourism, in co-operation with the Department of Foreign Affairs, is responsible for South Africa's role in and responsibilities towards international environmental conventions, treaties, agreements [multi- and bi-lateral] and protocols, the provinces have an important part to play in implementing these legal instruments in their regions. These conventions, treaties, etc have been listed under Annex 1 of this document.
In its interpretation of our national, provincial and local legislation in which the NWP has been given authority, it has to abide by the requirements of Section 232 of the Constitution, which reads as follows:

"When interpreting any legislation, every court must prefer any reasonable interpretation of the legislation that is consistent with international law over any alternative interpretation that is inconsistent with international law." From the list of policy directives and guidelines provided in Appendix 3 it is obvious that the Province (including both the public and private sectors) has a major task in keeping track of the demands of new environmental management objectives. In addition these need to be integrated with provincial priorities within the scope of the Province's Constitutional and legal functions. Thus, the available resource base at the provincial levels under constant pressure to cope with the demands and to deliver the services delegated to it.

5.3. Roles and Functions of the North West Province Government

The primary responsibility of the North West Province Government is to remain informed about all the environmental and related sectoral legislation and policy issued by central government departments. Usually as an interested and affected party the provincial government is afforded an opportunity to comment on and amend proposed policy and legislation during the drafting stage. Of course, the starting point for all considerations regarding a new policy initiative remains the Constitution, which not only defines the basic strategic policy approaches, but also constitutes the fundamental law of South Africa.
In terms of policy development and implementation, the roles of the North West Province Government are:

To assess and to evaluate the impacts of any new national policy and legislation on provincial policy, strategy, legal and regulatory initiatives;
To communicate the potential impacts to all provincial stakeholders, including organs of state, local authorities, traditional authorities, employees, communities, NGO's, CBO's, etc.;
To employ effective communication and education strategies to change the mindsets of those responsible for the implementation of policy directives to comprehend and accept new initiatives;
To integrate the policy directives into the day-to-day activities of every department in the Province;
To design, develop and implement new or amended management mechanisms, that will ensure the application of the policy on a regional basis;
To lead and support local authorities in the implementation of policies and to monitor their subsequent levels of success. (Refer to the role and responsibility of the Province in this regard in Sections 155(6) and 155(7) of the Constitution and Section 31 of the Environment Conservation Act (Act No. 73 of 1989); and
To monitor and verify the successful implementation of the policy directives in the Province.

The strategic functions, responsibilities and accountability of the provincial government are somewhat different, and are prescribed in the various legal provisions from the Constitution on downwards to the most detailed regulations and guidelines at all three tiers of government (see Appendix 3). These include:

Taking political initiatives to ensure sound environmental governance in the province;
Advising on preferred actions pertaining to policies, strategies, laws, regulations and by-laws;
Administration of legal regulatory provisions;
Law enforcement where and when appropriate;
Reviewing, assessing, evaluating and adapting draft policies, strategies, legislation, licenses, permits, authorisations and agreements from other organs of state and government (statutory) institutions;
Reporting to national government departments;
Supporting, leading, monitoring and auditing the environmental management performance of local authorities;
Investigating, assessing and evaluating gaps in the environmental legal framework and providing draft legal instruments to address these gaps;
Investigating, assessing, evaluating and promoting appropriate and innovative environmental management technologies;
Negotiating, prescribing and agreeing on environmental performance standards and requirements with stakeholders, especially in industry and commerce;
Resource management, including manpower, finances (budget, expenditures, purchasing, etc), equipment and plant, accommodation, etc.;
Contract management within the context of the provision of environmental management goods and services;
Initiating and managing environmentally-focused systems and projects (for example, eco-tourism) towards the economic advancement of the Province;
Fulfilling environmental social responsibilities (communication, empowerment, capacity building, educating, training, participating, assisting, etc) towards the individuals, communities and organisations inside the Province;
Investigating, assessing, evaluating and promoting the cultural heritage of the Province;
Researching, investigating, assessing and evaluating the natural environmental resource base of the Province;
Managing and controlling the exploitation of natural ecosystems in the Province; and
Contributing provincial inputs to assist the national departments in fulfilling their obligations in terms of international legal instruments (conventions, treaties, protocols, agreements, etc.).

One of the major strategic objectives of environmental management policy on a provincial level remains the continual effort to inform and change the mindsets of people and organisations in the region to comprehend, accept and implement national, as well as provincial, policies. Unfortunately, some departments do not have adequate resources at their disposal to fulfil this function effectively and efficiently in a short space of time. Therefore, it seems evident that every new policy declaration should be accompanied by a marketing and communication strategy to ensure the rapid spreading of the message throughout all regions, communities and organisations.

Although the environment is a functional area of concurrent national and provincial legislative competence, the North West Provincial Government has not fully realised its Constitutional powers in this respect. It has not yet promulgated its own province-specific legislation to give substance to province-specific policies. The North West Provincial Government has up to now preferred to concentrate on awareness creation and the changing of mindsets with regard to environmental management thinking and practice in the North West Province.

The diversity of environmental management functions and the associated legal performance requirements (reflected in Appendices 2-4) , is convincing evidence of the extent and complexity of the demands made on the resources of the North West Province. Currently the Province is not effectively equipped to deal with its responsibilities efficiently and to deliver the variety of services required of it.

The current deficiencies in service delivery in the environmental management field cannot be attributed to an unwillingness or lack of motivation on the part of the government, but rather:

The complexity of implementing the policy of transformation, which demands of the Province to balance the necessities of the nine components of the strategic environment, namely the political, legal/administrative, technological, business/finance, economic, social, cultural/historical/traditional, natural and international environmental impacts.
The drastic change in the role and responsibilities of the Province relating to the environment as a whole rather than just the nature conservation function. Taking on the significant array of new functions and responsibilities, requires the Province to acquire the resources (manpower, finances, technology, etc) and to plan, design, develop and implement a host of new programmes to give effect to the changed role of the Province.
The demands on the provincial budget, because of historical discriminatory backlogs make it impossible to realise all environmental management priorities within the time frames that everyone would wish actions to take place.
The transfer and delegation of environmental management responsibilities to the Province has not been accompanied by a commensurate transfer of resources from the central to the provincial level of government.
The basic investigations and research for the establishment of an environmental management policy, strategies, programmes, plans and schedules have largely been accomplished. The basic assessments, evaluations and conclusions have been done through a co-operative effort between the NWP Government, the National Department of Environmental Affairs and Tourism and the Ministry of Foreign Affairs of Finland [Department of International Development and Co-operation] and summarised in two very important documents namely: -
Fact-finding and Intervention Identification Mission Report - Sjöberg, 2000 and
Support to Environment and Sustainable Development in North West Province - Project Document, 12 March 2001. However, to create the necessary changed mindset in the private sector and communities takes a considerable time and a concerted effort to achieve the desired results.
The democratic processes (transparency, participation, sustainability, co-operative governance, etc) brought in by the transformed policies, legislation and administrative systems and mechanisms naturally take more time to accomplish than an autocratic, dictatorial approach.

Taking the above into account it becomes clear that the central and provincial governments have advanced far on the road of establishing appropriate environmental management policies, strategies and legislation. It is now up to those organisations and enterprises responsible for their implementation to deliver.

5.4 Key Legislation and Policies

As indicated under item 5.1 above, the Constitution provides every organ of state, all private enterprise, NGO's, CBO's, individuals, etc with the foundation on which all environmental management policies, strategies, legislation, operational processes, etc should be founded. The environmental policy principles and designated responsibilities, established in the Constitution, therefore, run like a golden thread through all the post-1994 policies and legislation listed under Appendix 2. To comprehend the impact of the Constitution and other legislation on environmental management responsibilities, accountability, authority and liability, a summary of the key legislative provisions is given below.

The Constitution of the Republic of South Africa (Act. No. 108 of 1996)
In addition to Section 24 of the Constitution, quoted in 5.1 above, it is also necessary to study and understand the following Sections of the Act to comprehend the important role of the Provinces in implementing sound environmental management:

Section 24: Environmental human rights.
Section 32: Access to information
Section 33: Just administrative action
Section 38: Enforcement of rights
Section 39: Interpretation of Bill of Rights
Section 44: National legislative authority
Section 100: National supervision of provincial administration
Section 104: Legislative authority of the provinces
Section 125: Executive authority of provinces
Section 126: Assignment of functions
Section 146: Conflicts between national and provincial legislation
Section 151: Status of municipalities
Section 152: Objects of local government
Section 153: Developmental duties of municipalities
Section 155: Establishment of Municipalities
Section 156: Powers and functions of municipalities
Schedule 4: Functional Areas of Concurrent National and Provincial Legislative Competence
Schedule 5: Functional Areas of Exclusive Provincial Legislative Competence

The National Environmental Management Act, No. 107 of 1998
The National Environmental Management Act repeats the Constitutional environmental human rights in its Preamble and further expands thereon by providing for a number of basic environmental management principles in Section 2, which reads as follows:

(1) The principles set out in this section apply throughout the Republic to the actions of all organs of state that may significantly affect the environment and-
(a) shall apply alongside all other appropriate and relevant considerations, including the State's responsibility to respect, protect, promote and fulfil the social and economic rights in Chapter 2 of the Constitution and in particular the basic needs of categories of persons disadvantaged by unfair discrimination;
(b) serve as the general framework within which environmental management and implementation plans must be formulated;
(c) serve as guidelines by reference to which any organ of state must exercise any function when taking any decision in terms of this Act or any statutory provision concerning the protection of the environment;
(d) serve as principles by reference to which a conciliator appointed under this Act must make recommendations; and
(e) guide the interpretation, administration and implementation of this Act, and any other law concerned with the protection or management of the environment.
(2) Environmental management must place people and their needs at the forefront of its concern, and serve their physical, psychological, developmental, cultural and social interests equitably.
(3) Development must be socially, environmentally and economically sustainable.

(4) (a) Sustainable development requires the consideration of all relevant factors including the following:
(i) That the disturbance of ecosystems and loss of biological diversity are avoided, or, where they cannot be altogether avoided, are minimised and remedied;
(ii) that pollution and degradation of the environment are avoided, or, where they cannot be altogether avoided, are minimised and remedied;
(iii) that the disturbance of landscapes and sites that constitute the nation's cultural heritage is avoided, or where it cannot be altogether avoided, is minimised and remedied;
(iv) that waste is avoided, or where it cannot be altogether avoided, minimised and re-used or recycled where possible and otherwise disposed of in a responsible manner;
(v) that the use and exploitation of non-renewable natural resources is responsible and equitable, and takes into account the consequences of the depletion of the resource;
(vi) that the development, use and exploitation of renewable resources and the ecosystems of which they are part do not exceed the level beyond which their integrity is jeopardised;
(vii) that a risk-averse and cautious approach is applied, which takes into account the limits of current knowledge about the consequences of decisions and actions; and
(viii) that negative impacts on the environment and on people's environmental rights be anticipated and prevented, and where they cannot be altogether prevented, are minimised and remedied.
(b) Environmental management must be integrated, acknowledging that all elements of the environment are linked and interrelated, and it must take into account the effects of decisions on all aspects of the environment and all people in the environment by pursuing the selection of the best practicable environmental option.
(c) Environmental justice must be pursued so that adverse environmental impacts shall not be distributed in such a manner as to unfairly discriminate against any person, particularly vulnerable and disadvantaged persons.
(e) Responsibility for the environmental health and safety consequences of a policy, programme, project, product, process, service or activity exists throughout its life cycle.
(g) Decisions must take into account the interests, needs and values of all interested and affected parties, and this includes recognising all forms of knowledge, including traditional and ordinary knowledge.
(h) Community wellbeing and empowerment must be promoted through environmental education, the raising of environmental awareness, the sharing of knowledge and experience and other appropriate means.
(i) The social, economic and environmental impacts of activities, including disadvantages and benefits, must be considered, assessed and evaluated, and decisions must be appropriate in the light of such consideration and assessment.
(j) The right of workers to refuse work that is harmful to human health or the environment and to be informed of dangers must be respected and protected.
(k) Decisions must be taken in an open and transparent manner, and access to information must be provided in accordance with the law.
(l) There must be intergovernmental co-ordination and harmonisation of policies, legislation and actions relating to the environment.
(m) Actual or potential conflicts of interest between organs of state should be resolved through conflict resolution procedures.
(n) Global and international responsibilities relating to the environment must be discharged in the national interest.
(o) The environment is held in public trust for the people, the beneficial use of environmental resources must serve the public interest and the environment must be protected as the people's common heritage.
(p) The costs of remedying pollution, environmental degradation and consequent adverse health effects and of preventing, controlling or minimising further pollution, environmental damage or adverse health effects must be paid for by those responsible for harming the environment.
(q) The vital role of women and youth in environmental management and development must be recognised and their full participation therein must be promoted.
(r) Sensitive, vulnerable, highly dynamic or stressed ecosystems, such as coastal shores, estuaries, wetlands, and similar systems require specific attention in management and planning procedures, especially where they are subject to significant human resource usage and development pressure."

In addition to the above Section, it is also important for Provincial governments to pay particular attention to rest of the Act in order to comprehend their particular functions, responsibilities and authority with respect to aspects such as co-operative governance, integrated environmental management, international obligations and agreements, compliance and enforcement, environmental co-operation agreements and the general administration of the Act.

The Environment Conservation Act, No 73 of 1989

Although significant portions of this Act have been repealed by the National Environmental Management Act, certain key provisions have been retained. Furthermore, despite the fact that these sections of the Act have been repealed, the regulations promulgated in terms of the repealed sections were not repealed simultaneously. For example, Government Notice 51 of 21 January 1994, promulgated in terms of Sections 2 and 3 of the Act, is still valid.
Important provisions of the Act, which should be taken into account by provinces are:

Sections 19, 20 and 24 of the Act, which deal with waste management. These Sections should be read together with Government Notice 1986 of 24 August 1990 [Classification of waste] and Government Notice R.1196 of 8 July 1994 [Format of the application form for a waste disposal permit]. Section 20 enables the Minister of Water Affairs and Forestry to issue permits for waste disposal sites.
Sections 21, 22 and 26 of the Act provide for the listing of activities, which may not be undertaken without complying with the requirements of the Environmental Impact Assessment process. Regulations promulgated under these sections are:
Government Notice R.1182 of 5 September 1997 - List of activities
Government Notice R.1183 of 5 September 1997 - The EIA process and procedures
Government Notice R.1184 of 5 September 1997 - Delegation of powers to the provinces.

The authority of organs of state to demand an EIA for a specific project is not limited to the above provisions and regulations. It should be noted that Government Notice 51 of 21 January 1994, under the item "land use", Section 31A of this Act and Section 28 of the National Environmental Management Act assign very wide discretionary powers to organs of state, including the authority to require an EIA, should they be of the opinion that this is necessary.

Provincial Governments should also note the importance of their supervisory functions over local authorities in terns of Section 155(6) & (7) of the Constitution read with Section 31 of the Environment Conservation Act. Under ECA, the Province is also required to administer declared Protected Natural Environments (PNE). The North West has one such PNE, the Magaliesberg Protected Natural Environment, which was declared as such in May 1994. The Administrator also passed directions for the conservation and management of the area in Administrator's Notice 127 of the Official Gazette No 4996 vol.237. The schedule is as follows:

1. Subject to the previous of any other Act, no person shall in the area of the MPNE as defined in the Schedule to Administrator's Notice No. 126 of 4 May 1994 -

Erect any structures or buildings which is larger than 2 meters, or enlarge existing structures or buildings;
Install any water-, fuel- or mineral pipeline;
Construct roads or erect power lines, canals, reservoirs, cable ways or structures for radio- and telecommunication purposes;
Initiate any excavation of any nature;
Construct any waste disposal site or dump any litter or waste;
Introduce hiking trails for outdoor recreation purposes; or
Make any name, message or sign by means of lime or paint on the ground except by virtue of a written approval acquired on application from the Administrator or the Chief Director : Nature and Environment Conservation, and the subject to the conditions set out in such approval.

2. Any application for approval as envisaged in item 1 shall be made on the form approved by the Administrator.
The National Water Act, No. 36 of 1998
The National Water Act (NWA) makes provision for the sustainable and equitable protection, use, development, conservation, and management and control of water resources. The NWA states that the key, is "to balance long-term protection of water resources with short- and medium-term demands for using them."
The NWA stipulates that "the protection of water resources is fundamentally related to their use, development, conservation, management and control". The protection of water resources rests on a classification system for water resources which provides guidelines and procedures for determining different classes of water resources.
The determination of the classes of water resources is essential to formulate the resource quality objectives for important rivers. The resource quality objectives should take cognizance of the following components:

The Reserve;
Instream flow requirements;
Water level;
Presence and concentration of particular substances in the water;
Characteristics and quality of the water resource and the instream and riparian habitat;
Characteristics and distribution of aquatic biota;
Regulation or prohibition of instream or land-based activities which may affect the quality of water on or quality of the water resource; and
Any other characteristic.

The Reserve, which is the only right specified in the National Water Act, consists of two parts:

The basic human needs reserve, and
The ecological reserve, which must be determined for all or part of any significant water resource such as rivers, streams, wetlands, lakes, estuaries and groundwater.

The Reserve must specify the quantity of water that must be present in the water resource, as well as the quality of the water for the resource to remain ecologically healthy, and to be able to provide the basic human needs for water. All water uses under the National Water Act, which have an impact on the Reserve, are subject to the requirements of the Reserve. Thus, licenses cannot be issued for these different types of water use without the Reserve having been determined. It is important that the North West DACE develop the capacity to engage in the debate on water resource allocation in order to ensure compliance with the National Water Act requirements.
Other important aspects covered by the NWA include:

The development of a national water resource strategy detailing objectives, plans, guidelines, procedures and institutional arrangements relating to the protection, use development, conservation management and control of water resources;
The development of catchment management strategies, complementing the national water management strategy;
Establishment of Catchment Management Agencies (CMAs) to delegate water resource management to the catchment level;
Establishment of Water User Associations, advisory committees and international water management agencies;
Setting a pricing strategy as a form of demand management;
Provisions for the control of water allocation and use and streamflow reduction activities; and
Pollution prevention and emergency incidents.

Reg 704 relates to the use of water for mining and associated activities. Any person intending to open a new mine must notify DWAF not less than 14 days before commencement of the activity, submit their EMP, notify them of cessation of activity and report any emergency incident (or potential incident) relating to water to DWAF.

The Atmospheric Pollution Prevention Act, No. 45 of 1965

Part II of this Act sets out requirements for the control of noxious or offensive gases resulting from the operation of Scheduled Processes [Schedule 2 of the Act] in industry. Registration Certificates [permits/licenses] are required to be issued for these processes, specifying minimum norms and standards for operating Scheduled Processes. This Part is administered by the Chief Officer of the national Department of Environmental Affairs and Tourism. However, an EIA is usually required as part of the application for a Registration Certificate. In this instance, the provincial authorities have a significant role to play as interested and affected parties.
Part IV regulates dust from gold and asbestos mine waste dumps and is administered by the Government Mining Engineer in the Department of Minerals and Energy by agreement with the Chief Officer.

The Minerals Act (No. 50 of 1991)

This Act provides for the administration of minerals and mineral development in South Africa. The Act is administered by the Department of Minerals and Energy (DME). The Act, inter alia, requires that Environmental Management Programme Reports (EMPRs) be compiled for all mining and prospecting operations. EMPRs are statutory instruments, which cover the life cycle phases of mines from planning to closure to ensure that the environmental impacts of mining operations are managed, and that post-closure rehabilitation of mined areas is ensured. Mining includes large-scale and small-scale mining, as well as quarries and borrow pits. An EIA forms an integral part of the EMPR. The EIA review function, previously exercised by the national Department of Environmental Affairs and Tourism, has been delegated to the provinces.
The Conservation of Agricultural Resources Act, No 43 of 1983
This Act regulates the conservation of agricultural resources such as soil, water, plants and animals. Important sections of the Act, which should be taken into account are:

Section 5: Prohibition of the spreading of weeds
Section 6: Control measures
Section 7: Directions [note Minister's wide discretionary powers]
Government Notice R.1048 of 25 May 1984: Regulations for Section 6 Control Measures.

5.5. Conclusion

International conventions such as Agenda 21, CBD, UNCCC, UNCCD and CITES guide and play a key role in environmental management in the Province.
There is a wide range of environmental legislation that applies to management of the Province's environment (eg. NEMA, relevant aspects of ECA, CARA and NWA). Several Provincial Ordinances apply.
The South African Constitution defines the environment as a "functional area of concurrent national and provincial legislative competence". The Province therefore, has co-responsibility with central and local governments for developing and implementing environmental policy. The Province has significant powers of authority to manage the environment, but may not promulgate legislation that is in conflict with national legal provisions.
The North West Province has the following key roles to play:

Remaining informed on, and participating in the development of, all national environmental policies and legislation;
Communicating and negotiating with stakeholders;
Promoting environmental awareness;
Coordinating and integrating policy directives into implementation by all provincial government departments;
Monitoring and reporting on the status of the province's natural resources;
Assessing the environmental impacts of policy and development initiatives;
Leading and supporting local authorities; and
Responsibility for the management of natural resources as designated by provincial and national legislation.

Bibliography

www.acts.co.za: Acts Online provides South African legislation, including amendments and regulations.
www.polity.org.za: Unwembi's Resource of South African Government Information.

Appendix 1: Important International Treaties and Conventions for Environmental Management.

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal : 1989

Kyoto Protocol on the UN framework convention on climate change : 1997

Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) : 1973

United Nations Convention to Combat Desertification in those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa : 1994
Convention on Wetlands of International Importance, Especially As Waterfowl Habitat (Ramsar Convention) : 1971

Convention on Biodiversity : 1992

Convention on the Conservation of Migratory Species of Wild Animals : 1979

Lusaka Agreement on Co-operative Enforcement Operations Directed at Illegal Trade in Wild Fauna and Flora : 1994

Montreal Protocol on Substances that Deplete the Ozone Layer : 1987

Appendix 2: National legislation which has implications for environmental management.

Advertising on Roads and Ribbon Development Act , No. 21 of 1940
GN 23, GG16340, 31/03/1995: Assignment to provinces

Agricultural Pests Act , No. 36 of 1983

Agricultural Products Standards Act , No. 119 of 1990

Atmospheric Pollution Prevention Act , No. 45 of 1965
GN 561, GG5058, 02/04/1976: Application for registration certificate
GN 1599, GG5716, 19/08/1977: Regulations to prohibit the damage of means adopted To prevent the dispersion in the atmosphere of matter which may cause a nuisance
AN 1254, 08/09/1971: Example of smoke control regulations
GN 182, GG10081, 31/01/1986: Example of dust control area

Aviation Act , No. 74 of 1962
GN R 1703, GG19644, 31/12/1998: South African Civil Aviation Authority
GN R 1219, GG18186, 26/09/1997: Rules of the air - conveyance of dangerous goods

Communal Property Association Act, No. 28 of 1996

Conservation of Agricultural Resources Act , No. 43 of 1983
GN 1044, GG9238, 25/05/1984: Weed control scheme
GN 1045, GG9238, 25/05/1984: Bush control scheme
GN 1046, GG9238, 25/05/1984: Flood relief scheme
GN 1047, GG9238, 25/05/1984: Soil conservation scheme
GN 1048, GG9238, 25/05/1984: Regulations

Customs and Excise Act, No. 91 of 1964

Constitution of the Republic of South Africa Act , No. 108 of 1996

Development Facilitation Act , No. 67 of 1995

Environment Conservation Act , No. 73 of 1989 GN 1986, GG12703, 24/08/1990: Identification of matter as waste
GN 154, GG13717, 10/01/1992: Noise control regulations
GN 51, GG15428, 21/01/1994: General policy
AN 124, GG14995, 22/04/1994: Example of declaration of protected natural environment
GN 1196, GG15832, 08/07/1994: Application for a waste disposal site permit
GN 1064, GG15987, 30/09/1994: Draft policy on hazardous waste management
GN 29, GG16346, 07/04/1995: Assignment to provinces
Proc 43, GG17354, 08/08/1996: Assignment to provinces
GN 1182, GG18261, 05/09/1997: The identification of activities which may have a substantial detrimental effect on the environment
GN 1183, GG18261, 05/09/1997: Regulations regarding activities identified under s. 21
GN 1184, GG18261, 05/09/1997: Designation of the competent authority who may issue authorization for the undertaking of identified activities
Fencing Act , No. 31 of 1963
Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act , No. 36 of 1947
Game Theft Act , No. 105 of 1991
Hazardous Substances Act , No. 15 of 1973 GN 452, GG5467, 25/03/1977: Group I hazardous substances GN 1302, GG13299, 14/06/1991: Group III hazardous substances GN 246, GG14596, 26/02/1993: Group IV hazardous substances GN 1382, GG15907, 12/08/1994: Group II hazardous substances GN 1705, GG16796, 03/11/1995: Regulations relating to the use of Carbon Tetrachloride as a Group I hazardous substance
Health Act , No. 63 of 1977
Income Tax Act , No. 58 of 1962
International Health Regulations Act , No. 28 of 1974 GN 2001, GG4878, 24/10/1975: Supplementary regulations GN 856, GG13184, 26/04/1991: Approved ports and sanitary airports
Lake Areas Development Act , No. 39 of 1975
Land Survey Act , No. 8 of 1997
Minerals Act , No. 50 of 1991
Mine Health and Safety Act, No. 29 of 1996
Mountain Catchment Areas Act , No. 63 of 1970
Municipal Systems Act , No. 32 of 2000
National Building Regulations and Building Standards Act, No. 103 of 1977
National Environmental Management Act , No. 107 of 1998
National Forests Act , No. 84 of 1998 GN 1339, GG5242, 06/08/1976: Protected trees
National Heritage Council Act , No. 11 of 1999
National Heritage Resources Act , No. 25 of 1999
National Nuclear Energy Act , No. 46 of 1999 GN 849, GG15670, 23/04/1994: Regulations in respect of nuclear licenses GN 1132, GG10270, 13/06/1986: Regulations
National Nuclear Regulator Act , No. 47 of 1999
National Parks Act , No. 57 of 1976
National Road Traffic Act , No. 93 of 1996
National Veld and Forest Fire Act , No. 101 of 1998
National Water Act , No. 36 of 1998 GN 991, GG9225, 18/05/1984: Requirements for the purification of waste water or effluent GN 2834, GG10048, 27/12/1985: Regulations for the erection, enlargement, operation and registration of water care works GN 704, GG20119, 04/06/1999: Regulations on the use of water for mining and related activities aimed at the protection of water resources
Nuclear Energy Act , No. 131 of 1993 GN 848, GG15670, 23/04/1994: Determination of the levels of the specific and total activity of radioactive material and the radiation dose GN 740, GG15648, 16/04/1994: Declaration of certain substances, materials and equipment as restricted material, source material, special nuclear material and nuclear related equipment and material
Occupational Health and Safety Act , No. 85 of 1993 GN 2281, GG10988, 16/10/1987: Environmental regulations for workplaces GN 773, GG10700, 10/04/1987: Asbestos regulations GN 586, GG13082, 22/03/1991: Lead regulations GN 1179, GG16596, 25/08/1995: Exposure of employees to hazardous chemical substances GN 1449, GG17403, 06/09/1996: General administrative regulations
Physical Planning Act , No. 125 of 1991
Public Finance Management Act , No. 1 of 1999
South African National Roads Agency Limited and National Roads Act , No. 7 of 1998
State Land Disposal Act , No. 48 of 1961
Water Services Act , No. 108 of 1997
World Heritage Convention Act , No. 49 of 1999

Appendix 3: Policies of South Africa which have implications for environmental management.

Reconstruction and Development Programme (1994)
The Constitution of the Republic of South Africa (Act No. 108 of 1996)
White Paper on Environmental Management System for South Africa (1998)
White Paper on Integrated Pollution and Waste Management for South Africa: A Policy on Pollution Prevention, Waste Minimisation, Impact Management and Remediation (2000).
White Paper on the Conservation and Sustainable Use of South Africa's Biological Diversity (1997)
White Paper: The Development and Promotion of Tourism in South Africa (1996).
White Paper: A Minerals and Mining Policy for South Africa (1998).
White Paper on the Energy Policy of the Republic of South Africa (1998).
White Paper on Arts, Culture and Heritage (1996).
White Paper on National Transport Policy (1996).
White Paper for the Transformation of the Health System in South Africa (1997)
White Paper on a National Water Policy for South Africa (1997)
White Paper on a Water Supply and Sanitation Policy (1994)
White Paper on a National Sanitation Policy (1996)
Growth, Employment and Redistribution Strategy (1996)
Water Resource Protection Policy Implementation: Resource Directed Measures for Protection of Water Resources
Sanitation Services: A Water Services Act Interpretive Guide.
Water Conservation and Demand Management National Strategy (1999) ***
Water Use Licensing: The Policy and Procedure for Licensing Stream Flow Reduction Activities. ***
Policy and Procedure for the Establishment of Advisory Committees. Department of Water Affairs and Forestry (DWAF). ***
Policy Framework Document for Recreational Water Use of Government Water Works (1999).
Guideline Document for the Compilation of Zoning Plans for Government Water Works (1999).
Decision Support System for Policy on Development at State Dams (1999)
Minimum Requirements for the Handling, Classification and Disposal of Hazardous Waste (DWAF), (1998).
Minimum Requirements for Waste Disposal by Landfill (DWAF), (1998).
Minimum Requirements for Water Monitoring at Waste Management Facilities (DWAF) (1998).
White Paper on Sustainable Forest Development in South Africa (1996).
South Africa's National Forestry Action Plan (1997).
Aide-mémoire for the Preparation of Environmental Management Programme Reports for Prospecting and Mining (1992).
Department of Land Affairs: Green Paper on Development and Planning (1999) ***
Department of Provincial and Local Government: White Paper on Municipal Service Partnerships (MSPS) (2000).***
Policies and draft policies promulgated in terms of the Environment Conservation Act, No. 73 of 1989:
- Government Notice 51 of 21 January 1994: General Policy*
- Government Notice 858 of 29 April 1994: General Policy: Control of Vehicles in the Coastal Zone. **
- Government Notice 449 of 9 May 1994: General Policy: Classification of Terrestrial and Marine Protected Areas.
- Government Notice 1064 of 30 September 1994 : Determination of Policy on Hazardous Waste Management. ***
Guideline documents issued by DEAT:

A National Strategy for Integrated Environmental Management in South Africa (1998).***
EIA Regulations: Implementation of Sections 21, 22 and 26 of the Environment Conservation Act, No. 107 of 1998.
Integrated Environmental Management Guideline Series, 1992:

Document 1: The Integrated Environmental Management procedure
Document 2: Guidelines for Scoping
Document 3: Guidelines for Report Requirements
Document 4: Guidelines for Review
Document 5: Checklist of Environmental Characteristics
Document 6: Glossary of Terms Used in Integrated Environmental Management.

Managing South Africa's Environmental Resources: A Possible New Approach (1993).
Towards a National Policy for the Use of Environmental Resource Economics in Environmental Impact Management (1995).**
A Possible Model for the Use of Economic Instruments in Environmental Resource Management in South Africa (1995).***
A Proposed method for the Introduction of Economic Instruments as Tools of Environmental Management in South Africa (1996).***
The Use of Market-based Instruments for the Management of South Africa's Environment: A Position Statement. (1996). ***
Environmental Potential Atlases for Planners, Decision Makers, Environmentalists and Developers (1995).
Strategic Environmental Assessment in South Africa (2000)
Environmental Management Frameworks: A New Concept in Integrated Environmental Management (1998)
Environmental Management Co-operation Agreements. A Guide for Their Design and Use (2000).***

Note:*
Although Section 2 of the Environment Conservation Act, No. 73 of 1989, has been repealed, the regulations promulgated in terms of this section have not been repealed.**
Not applicable to the North West Province***
Denotes a draft document.

Appendix 4: Provincial Environmental Legislation.

Public Resorts Ordinance, No. 18 of 1969
AN 858, 10/06/1987: Town planning and townships regulations
Roads Ordinance, No. 22 of 1957
Proc. 1897, 15/09/1986: Regulations relating to township establishment and land use
Transvaal Local Government Ordinance, No. 17 of 1939
AN 891, 01/07/1977: Regulations in respect of public resorts
Transvaal Nature Conservation Ordinance, No. 12 of 1983
AN 22, GG16340, 31/03/1995: Assignment to certain provinces
AN 859, 10/06/1987: Division of land regulations
AN 164, 03/02/1984: Endangered and rare species of fauna and flora
AN 2030, 14/12/1983: Nature conservation regulations
AN 148 of 21/02/1951: Transvaal Uniform Public Health By-laws
AN 21 of 05/01/1977: Transvaal Standard Water Supply By-laws
LA 78 of 05/01/1994: Transvaal Drainage By-laws
AN 665 of 08/06/1977: Transvaal Standard Drainage By-laws
AN 60, 14/09/1990: Standard public amenities bylaws
Protected Areas Act (Bophuthatswana), No. 24 of 1987
Cape Nature and Environmental Conservation Ordinance, No. 19 of 1974
Problem Animal Control Ordinance, No. 26 of 1957
North West Parks and Tourism Board Act

Economic Environment

Contents

Settlement And Land Use Patterns