Who is responsible for pollution prevention?
The approach taken with regard to liability in NEMA is similar to the approach taken with regard to liability in the National Water Act. The attitude is that it should not be necessary for the innocent party to prove who was responsible for any pollution or degradation of the environment. The position had been changed round. In view of requirements such as life cycle responsibility and others, it is accepted that any person that at any stage had something to do with the causing of pollution could be held responsible, even if that person subsequently was not the person mainly responsible for polluting the environment or causing contaminants to be emitted into water. It then becomes the duty of all the people that are regarded as co-polluters to sort out between themselves who the guilty party or parties may be and to what extent they are responsible. Typical of the people responsible for pollution or environmental degradation are the following:
an owner of land or prmises,
a person in control of land or premises or
a person who has a right to use the land or premises