Environment Conservation Act,
73/89
This Act started out in the same manner as NEMA did later by making provision for generally applicable environmental principles against which development could be tested. This was achieved by allowing the Minister to determine the general policy to be applied in section 2. The aspects with regard to which policy could be applied and where environmental principles could be defined are as follows:
the protection of
ecological processes, natural systems and the natural beauty as well
as the preservation of biotic diversity in the natural environment;
the promotion of
sustainable utilization of species and ecosystems and the effective
application and re-use of natural resources;
the protection of the
environment against disturbance, deterioration, defacement, poisoning,
pollution or destruction as a result of man-made structures,
installations, processes or products or human activities;
the establishment and
maintenance of acceptable human living environments in accordance with
the environmental values and environmental needs of communities.
Policies that had been determined include the general environmental policy GN51 of 1994 (voorsien ‘n ‘link’ na die regte plek) and the nature conservation general policy en GN449/94 (voorsien ‘n ‘link’ hierna). These policies were legally binding on the state. They formed the basis of the policies contained in section 2 of NEMA. When NEMA became operational, the general environmental policy ceased being binding as secondary legislation but became administrative guideline documents.
