Part 1: Environmental hazards
This approach is similar to the approach followed in section 19 of the National Water Act (pollution prevention). It focuses on the hazards that should be addressed and the procedures that should facilitate addressing the hazards.
Every person must take reasonable measures
to prevent any pollution or degradation of
the environment. Environmental pollution or degradation, in so far as it
is authorized by law or cannot reasonably be avoided or stopped, must be
minimized and rectified (Section 28).
Workers that refuse to do environmentally hazardous work are
protected (Section 29). Any person has the right to refuse to do work if
he/she in good faith and reasonably believes at the time when he/she
refused to do the work that it could cause a serious threat to the
environment.
Emergency incidents (Section 30) must be controlled. It is important for authorities to
be informed of emergency
incidents within 14 days of the incident occurring.
Part 2: Information, enforcement and compliance
Note how this part concentrates more on people and how people can be assisted to enforce compliance with the processes set out in Part 1.
Every
person is entitled to have access to information held by the State which relates to the implementation of any law affecting the environment, and to the state of the
environment and actual and future threats to the environment. This
includes
hazardous wastes and any emissions to water, air or soil.
(Section 31)
Organs
of state are entitled to have access to information relating to the
state of the environment and actual and future threats to the
environment where that
information is necessary to enable such organs of state to carry out
their duties in terms of the provisions of any law
concerned with the protection of the environment or the use of
natural resources
Under certain conditions a
request for information can be refused, for example where
it is manifestly unreasonable or too generally formulated,
public order or national security would be negatively affected by
the supply of the information,
for the reasonable protection of commercially confidential information,
if the granting of
information endangers or further endangers the protection of the
environment and
for the reasonable protection of personal privacy
The
Minister may make regulations (subject to certain subsections of the
Act) regarding access by members of the public to privately held
information relating to the implementation of this Act and any other
law concerned with the protection of the environment. The manner in which such information must be
kept will be prescribed,
provided that such regulations are reasonable and justifiable in an
open and democratic society based on human dignity, equality and
freedom.
A person has
the right to disclose information regarding an environmental risk. The person
must honestly and reasonably believe that the information is about an
environmental risk. The information must be disclosed through the
correct channels (Section 31(5)).
The legal standing of people to enforce environmental law is substantially extended to include actions taken in the public interest and in the interest of protecting the environment. Under this clause, water-related action can also be taken. The Act also authorises private prosecutions which makes it possible for private people to take erring companies to court without expecting of the public prosecutor to do so. The liability of companies and private persons in criminal proceedings are also extended. An example is that an official of a company can now be charged personally. He cannot hide behind the fact that he acted on behalf of a company anymore.
