Environmental Law

COVID-19- a National State of Disaster: What do the regulations mean for me?

19th March 2020|Environmental Law, Health & Safety Law, Litigation|

On 15 March 2020, Dr Nkosazana Dlamini Zuma, as Minister of Cooperative Governance and Traditional Affairs, declared a national state of disaster, citing special circumstances warranting such declaration in terms of Section 27(1) of the Act. Furthermore, Dr Mmaphaka Tau, in his capacity as the Head of the National Disaster Management Centre, classifying the COVID-19


Labelling for chemical safety and compliance

11th June 2015|Articles, Environmental Law, Health & Safety Law|

Multiple departments and pieces of legislation are involved and apply to the labelling of hazardous chemicals in South Africa. The departments of Trade and Industry, Environmental Affairs, Transport, Labour Dept and the South African Bureau of Standards interact in the administration of chemical management, but Labour is leading the legislative reform that is required to


Land Use at the intersection of local, provincial and historical perspectives

31st July 2014|Articles, Environmental Law, Property Law, Regulatory Law|

Shelfplett 47 (Pty) Ltd v MEC for Environmental Affairs & Development Planning and Another (16416/10) [2012] ZAWCHC 16 (5 March 2012) An appeal to the Western Cape High Court was successful for the owner of property in Plettenberg Bay that claimed an old guide plan could not be enforced because it was founded on race-based


Contaminated Land

20th May 2014|Articles, Environmental Law, Regulatory Law|

The National Environmental Management: Waste Act, 59 of 2008 (“NEMWA” or “the Act”) contains onerous and some would say ambitious provisions in chapter 4 regarding contaminated land.  These sections of NEMWA did not come into force when the rest of the Act did in July 2009. Part of the reason for the delay was the


Construction Regulations 2014

11th April 2014|Articles, Environmental Law, Regulatory Law|

The Department of Labour has announced that all sections of the regulations except for regulations 3 and 5(7)(b) will come into force on 7 August 2014 for projects that began after the promulgation of the latest regulations. The timing of the coming into force of the Construction Regulations has now been officially postponed with the


Will your boiler get you into hot water?

27th November 2013|Articles, Environmental Law, Regulatory Law|

The National Environmental Management Air Quality Act 39 of 2004 (NEMAQA) changed the previous methodology of air pollution regulation from a "point source" approach to include a more progressive regulation of ambient air quality in general. The relevant committees have been slow to pass the regulations required to give effect to these principles. Since the


Retrospective liability for environmental offences

22nd February 2013|Articles, Environmental Law|

There is a presumption in South African common law against the retrospective application of legislation; but the September 2009 amendments to the National Environmental Management Act (NEMA) created an exception to this rule. The new section 28(1A) confirmed that the duty of care and remediation for environmental damage also applies to damage that occurred before


Air pollution: don’t wait to be told

18th August 2011|Articles, Environmental Law, Regulatory Law|

Industry should be aware that efforts to bring its activities into compliance with the National Environmental Management Air Quality Act should precede investigation by the environmental authorities or complaints from the public. Operating without adequate licenses for all activities on a particular site may be an offence and the status and levels of emissions should


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