Water: Inland management

Waste legislation will not be discussed in detail. The most important legislation dealing with waste is sections 20 and 24 of the Environment Conservation Act . The structure of the waste legislation in the Act is that the Department of Environmental Affairs and Tourism is responsible for waste until it gets to the waste disposal site. It therefore has the responsibility to address aspects such as waste minimisation, recycling, handling and others. On the strength of much research that had been done and the development of an appropriate White Paper, it can be accepted that the general management of waste such as its recycling, minimisation and others will soon be subjected to detailed legislation.

Waste disposal and its permitting is under the control of the Department of Water Affairs and Forestry. In order to ensure that the disposal of waste into waste disposal sites does not cause water pollution, this department has developed guidelines called the Minimum Requirements for such sites.

The White Paper on the conservation and sustainable use of South Africa's biological diversity supports the reduction of resource consumption by the elimination or reduction of waste at the source, and re-use, recycling and recovery of the source (adopting sustainable lifestyles).

As far as the industrial use of water under the Water Services Act is concerned, no person may dispose of industrial effluent in any manner other than that approved by the water service provider.

The mining industry will be required to promote a culture of waste minimization and creative recycling and re-use of waste products.

Littering on any land or water surface is prohibited. Only containers or places indicated for such purpose may be used. (ECA section 19). Activities were identified that will probably have a detrimental effect on the environment. This includes waste and sewage disposal (ECA section 21). Sustainable development requires that waste be avoided, or else minimized and re-used or recycled where possible or disposed of in a responsible manner (national environmental principles NEMA).

The National Water Act defines water use broadly and includes the taking and storing of water, activities which reduce stream flow, waste discharges and disposals, controlled activities which impact detrimentally on a water resource ect. The Act requires pollution prevention of a water resource, as a result of activities on land. This includes complying with any prescribed waste standards or management practice and containing or preventing of movements of pollutants.

According to the General Principles on the Use of Water in the National Water Act, a person who use water lawfully must comply with applicable waste standards or management practices prescribed (section 26(1)(h)and (i) in the case of the discharge or disposal of waste or water containing waste contemplated in section 21 (f)(g) (h) or (j). Activities which have a detrimental impact on water resources can be regulated by declaring them as controlled activities. This includes the irrigation of any land using waste or water containing waste generated through any industrial activity or by a waterwork and aquifer recharge using waste or water containing waste (controlled activities NWA).

According to the National Environmental Management Act (NEMA - information) every person is entitled to access to information held by the State relating to the implementation of any law affecting the environment and actual and future threats to the environment. Organs of State are entitled to have access to information relating to the state of the environment and actual future threats to the environment. Both instances includes the production, handling, transportation, treatment, storage and disposal of hazardous waste and substances.

According to the Conservation of Agricultural Resources Act land users should comply with certain control measures. The water relating control measures include the prevention or control of water logging or salination of land and the protection of water resources against pollution because of farming practices.