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Everyone has the right to have the environment protected through reasonable legislative and other measures that prevent pollution and ecological degradation (The Constitution). The person who owns, controls or uses land is responsible for taking all reasonable measures to prevent pollution of a water resource from occurring (National Water Act section 19). Any incident or accident in which a substance pollutes or has the potential to pollute a water resource or is likely to have a detrimental effect on a water resource, is an emergency (National Water Act section 20). One of the purposes of the Water Act is to en Provision is made in The National Water Act for incentives for effective and efficient water use (pricing strategy). Sustainable development requires the consideration of all relevant factors including the disturbance and degradation of the environment (environmental principles; NEMA). Reasonable measures to prevent pollution or degradation of the environment must be taken. Employees must be informed and educated about the environmental risks of their work and the manner in which their tasks must be performed in order to avoid significant pollution or degradation of the environment. Any act, activity or process that cause pollution or degradation must be ceased, modified or controlled (Environmental hazards; NEMA). Human activities such as pollution, results in the ever-increasing loss of the earth's biological wealth (White Paper on the conservation and sustainable use of South Africa's biological diversity).
Processes or activities that are likely to have
adverse impacts on biodiversity will be identified and the effects
monitored. The research necessary to improve the understanding of
the consequences of threatening processed or activities on ecological
functions and processes will be undertaken.
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.
Government will have to ensure that the costs of environmental impacts of the mining industry are not passed over to the community. It will require, among other things, the implementation of effective and affordable measures and standards for the prevention or management of water pollution. It also calls for ongoing research to control pollution (Background; A Minerals and Mining Policy for South Africa) Capacity will be built to monitor pollution. Mining industry will be required to reduce pollution and minimise waste. (Government Policy; A Minerals and Mining Policy for South Africa)
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