11

Presented by: Ronelle Claassen20 July 2009

Poltech EC Breakfast

ENVIRONMENTAL LEGAL ISSUES

24 July 200924 July 200924 July 200924 July 2009

22

HumanHuman--driven environmentaldriven environmental

changes:changes:

�� Half of EarthHalf of Earth’’s land surface is now s land surface is now

domesticated for direct human use. domesticated for direct human use.

�� 75 percent of the world75 percent of the world’’s fisheries are s fisheries are

fully or overfully or over--exploited. exploited.

�� The composition of todayThe composition of today´́s atmosphere s atmosphere

is well outside the range of natural is well outside the range of natural

variability variability

STRESSED STRESSED

PLANET EARTHPLANET EARTH

33

0

1

2

3

4

5

6

7

1600 1700 1800 1900 2000Years

Popula

tion (

Billions)

Human Population growthHuman Population growth

44

55

�� DeforestationDeforestationDeforestationDeforestationDeforestationDeforestationDeforestationDeforestation

�� DesertificationDesertificationDesertificationDesertificationDesertificationDesertificationDesertificationDesertification

�� Atmospheric PollutionAtmospheric PollutionAtmospheric PollutionAtmospheric PollutionAtmospheric PollutionAtmospheric PollutionAtmospheric PollutionAtmospheric Pollution

�� Water and Ocean PollutionWater and Ocean PollutionWater and Ocean PollutionWater and Ocean PollutionWater and Ocean PollutionWater and Ocean PollutionWater and Ocean PollutionWater and Ocean Pollution

�� Loss of BiodiversityLoss of BiodiversityLoss of BiodiversityLoss of BiodiversityLoss of BiodiversityLoss of BiodiversityLoss of BiodiversityLoss of Biodiversity

�� Climatic ChangesClimatic ChangesClimatic ChangesClimatic ChangesClimatic ChangesClimatic ChangesClimatic ChangesClimatic Changes

�� Toxic Waste GenerationToxic Waste GenerationToxic Waste GenerationToxic Waste GenerationToxic Waste GenerationToxic Waste GenerationToxic Waste GenerationToxic Waste Generation

�� Human SufferingHuman SufferingHuman SufferingHuman SufferingHuman SufferingHuman SufferingHuman SufferingHuman Suffering

RESOURCERESOURCE CRISISCRISIS

66

GLOBAL WARMINGGLOBAL WARMING

1941 2004

Muir Glacier

77

88

NATIONAL NATIONAL

ENVIRONMENTAL ENVIRONMENTAL

MANAGEMENT: WASTE ACTMANAGEMENT: WASTE ACT

NO 59 OF 2008NO 59 OF 2008

99

Part 2 Part 2 –– General duty in respect of waste General duty in respect of waste managementmanagement

Avoid, minimise toxicity, treated, no nuisance Avoid, minimise toxicity, treated, no nuisance from wastefrom waste

Part 3 Part 3 –– Reduction, reReduction, re--use, recycling and use, recycling and recovery of wasterecovery of waste

Extended producer responsibilityExtended producer responsibility

Part 4 Part 4 –– Listed waste management activities Listed waste management activities

Schedule 1 to the act Schedule 1 to the act –– Listed activities Listed activities

NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACTNATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT

NO 59 OF 2008NO 59 OF 2008

1010

Part 5 Part 5 -- Storage Collection and Transportation Storage Collection and Transportation of Wasteof Waste

Requirements stipulated for containers, Requirements stipulated for containers, accidental spillages, waste collection accidental spillages, waste collection

Part 6 Part 6 –– Treatment, processing and disposal of Treatment, processing and disposal of wastewaste

Part 7 Part 7 –– Industry waste management plansIndustry waste management plans

Part 8 Part 8 –– Contaminated landContaminated land

NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACTNATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT

NO 59 OF 2008NO 59 OF 2008

1111

Storage and transfer of wasteStorage and transfer of waste1. General waste > 30 t per day1. General waste > 30 t per day

2. Hazardous waste 3 t per day2. Hazardous waste 3 t per day

Recycling and RecoveryRecycling and Recovery3. Sorting and shredding of general waste >1 t per day3. Sorting and shredding of general waste >1 t per day

4. Recovery of waste > 3 t general waste or 100 kg 4. Recovery of waste > 3 t general waste or 100 kg hazardous waste per day hazardous waste per day

LISTED ACTIVITIESLISTED ACTIVITIES

Category A Category A

Requiring a Basic AssessmentRequiring a Basic Assessment

1212

5. Biological, physical or physicochemical 5. Biological, physical or physicochemical treatment or autoclaving, drying or treatment or autoclaving, drying or microwaving of general waste > 10t per microwaving of general waste > 10t per dayday

6. Biological or physicochemical treatment 6. Biological or physicochemical treatment or autoclaving, drying or microwaving of or autoclaving, drying or microwaving of hazardous wastehazardous waste

7. Treatment of waste in sludge lagoons7. Treatment of waste in sludge lagoons

Treatment of wasteTreatment of waste

1313

8. Disposal of inert waste (excluding < 25t for 8. Disposal of inert waste (excluding < 25t for levelling and building)levelling and building)

9. Disposal of general waste < 100m9. Disposal of general waste < 100m22

Disposal of waste on landDisposal of waste on land

1414

10.10. Storage, treatment and processing of Storage, treatment and processing of animal manure, > 10t per dayanimal manure, > 10t per day

11. Processing of waste at biogas installation 11. Processing of waste at biogas installation receiving 5t or more per day of animal receiving 5t or more per day of animal waste, animal manure, abattoir waste or waste, animal manure, abattoir waste or vegetable wastevegetable waste

12. Expansion or decommissioning of facilities 12. Expansion or decommissioning of facilities and associated structures listed in this and associated structures listed in this ScheduleSchedule

Storage, treatment and Storage, treatment and

processing of animal wasteprocessing of animal waste

1515

1.1. Treatment of general waste other Treatment of general waste other than biological, physical or than biological, physical or physicochemical in excess of 10t per physicochemical in excess of 10t per dayday

2. Treatment of hazardous waste other 2. Treatment of hazardous waste other than biological and physicochemical than biological and physicochemical treatmenttreatment

LISTED ACTIVITIESLISTED ACTIVITIES

Category BCategory B

Requiring an EIARequiring an EIA

1616

3.3. Incineration of wasteIncineration of waste

4.4. Disposal of hazardous waste to Disposal of hazardous waste to landland

5. Disposal of general waste to land 5. Disposal of general waste to land covering an area of > 100mcovering an area of > 100m22

1717

1818

NONNON--COMPLIANCECOMPLIANCE

�� Failure to comply with conditions of waste Failure to comply with conditions of waste

management licensemanagement license

�� Unauthorized disposal of wasteUnauthorized disposal of waste

�� Failure to submit industry waste Failure to submit industry waste

management planmanagement plan

�� Failure to submit waste impact report when Failure to submit waste impact report when

requiredrequired

�� Failure to comply with a remediation orderFailure to comply with a remediation order

R10 million and/or 10 years

Imprisonment

1919

2020

2121

Environmental ImpactEnvironmental Impact

Assessment RegulationsAssessment Regulations

No 385 of 2006No 385 of 2006

Listed activities Listed activities

R386 & R387 R386 & R387

2222

Camels by stranded ship in dry Aral Sea Camels by stranded ship in dry Aral Sea

bed, Aralsk, Kazakhstanbed, Aralsk, Kazakhstan

2323

2424

DRAFT EIA REGULATION

2009

CHANGES WERE REQUIRED:

•Interpretation problems

•Changing legal regime relating to

mining

•New laws under NEMA – Waste Act and

Coastal Management Act

2525

EIA PROCESSEIA PROCESS

•Process: BA & EIA similar

•Time Frames similar

Authorities automatically gets 60 days

extension. No documents forthcoming, document is deemed approved and granted

•Apply for BA although EIA is required if

decision can be reached on BA report

2626

Public Participation

•Landowner consent is not required, only

notification

•No longer required to notify parties within

100m radius

•No PP to run over 15 Dec to 2 Jan

•Draft copies must be provided to

authorities prior to release to public

2727

Other

•Appeal process•Transitional arrangements for mining processes•Mining and EIA•EMPs is now EMPs•Integrated authorization

Listed notice 1Listed notice 2Listed notice 3 - specified protected and sensitive geographic areas.

2828

LOVE AND PROTECT THE EARTH

- IT’S THE ONLY ONE WE HAVE