Environmental Legislation and Policies

Environmental legislation is essential for promoting environmental sustainability, both as a source of guidance and as a source of enforcement. The success of legislation and policies depends on 'policing' (more on this at the end of the page - please scroll down) and action at all levels in society, from governmental organisations through to civic engagement and environmental activist groups.

• Agenda 21 (international): a comprehensive plan of action to be taken globally, nationally and locally by organizations of the United Nations System, Governments, and Major Groups in every area in which human impacts on the environment.

• Agricultural Pests Act (No. 36 of 1983) (South Africa): control measures over plants and for the prevention of plant diseases (agricultural pests).

• Air Quality Act (39 of 2004) (South Africa): replaces the Atmospheric Pollution Prevention Act (No. 45 of 1965)

• Biodiversity Act (No. 10 of 2004) (South Africa): supports conservation of plant and animal biodiversity, including the soil and water upon which it depends.

• Conservation of Agricultural Resources Act (No. 43 of 1983) (CARA (South Africa): supports conservation of natural agricultural resources (soil, water, plant biodiversity) by maintaining the production potential of the land and combating/preventing erosion; for example, by controlling or eradicating declared weeds and invader plants.

• Constitution of the Republic of South Africa (1996): of special relevance in terms of environment is section 24. Alternative source: Constitution of the Republic of South Africa (1996)

• Development Facilitation Act (No. 67 of 1995) (South Africa): supports reconstruction and development while adhering to general principles governing land development.

• Environment Conservation Act (No. 73 of 1989) (South Africa): replaced by the National Environmental Management Act 107 of 1998.

• Environmental Impact Assessment Regulations (R1183 of 5 September 1997) (South Africa): procedures to be followed when an application has been lodged with the relevant authority to conduct a proposed activity, including preparation of a scoping report (regulation 6) by an independent consultant, a 'full' environmental impact assessment and alternatives identified (depending on likelihood of any detrimental effects), and environmental issues identified in the scoping report (regulation 7).

• Fertilizers, Farm Feeds, Agricultural Remedies Act (No. 36 of 1947) (South Africa): for the registration and regulation of fertilizers, farm feeds, agricultural remedies, stock remedies, sterilizing plants, and pest control operators and their importation, sale, acquisition, disposal, and use.

• Genetically Modified Organisms Act (No. 15 of 1997) (South Africa): supports responsible development, production, use and application of genetically modified organisms; to ensure that all activities involving the use of genetically modified organisms (including importation, production, release, and distribution) shall be carried out in such a way as to limit possible harmful consequences to the environment.

• Hazardous Substances Act (No. 15 of 1973) (South Africa): to control substances that may cause injury, ill-health, or death through their toxic, corrosive, irritant, strongly sensitising or flammable nature, or by the generation of pressure.

• Integrated Coastal Management Bill (2008) (and amendments) (South Africa): supports integrated coastal and estuarine management system to promote conservation of the coastal environment, maintain natural coastal landscape and seascape attributes, and ensure that development and use of natural resources within the coastal zone is socially and economically justifiable and ecologically sustainable.

• King III Report: a report that promotes ethical considerations of socio-economic and environmental concerns, through a focus on leadership, sustainability and corporate citizenship.

• Lake Areas Development Act (No. 39 of 1975) repealed (South Africa): supports conservation of soil, water and aquatic plants and animals. Repealed, provided for under NEMA (see below).

• Marine Living Resources Act (No. 18 of 1998) (South Africa): supports conservation of marine ecosystems.

• Mine Health and Safety Act (No. 29 of 1996, amended 1997) (South Africa): supports the identification of hazards and the elimination, control, and minimization of risks relating to health and safety in mines.

• Mineral and Petroleum Resources Development Act (No. 28 of 2002) (South Africa): for equitable access to and 'sustainable development' of the nation’s mineral and petroleum resources.

• Mountain Catchment Areas Act (No. 63 of 1970) (South Africa) - summary: supports conservation, use, management and control of land (including soil, water and plant biodiversity) in mountain catchment areas. Provided for under NEMA (see below).

• National Environmental Management Act (107 of 1998): provides for co-operative environmental governance based on the principles that everyone has the right to an environment that is not harmful to his or her health or well-being, and enabling the administration and enforcement of other environmental management laws.

• National Forests Act (No. 84 of of 1998) (South Africa): supports sustainable forest management and the restructuring of the forestry sector.

• National Heritage Resources Act (No. 25 of 1999) (South Africa): supports an integrated and interactive system for the management of national heritage resources, including supports soil, water and animal and plant biodiversity.

• National Parks Act (South Africa):

• National Veld and Forest Fire Act (No. 101 of 1998) (South Africa): protects soil, water and plant life through the prevention and combatting of veld, forest, and mountain fires.

• National Water Act (No. 36 of 1998) (South Africa): promotes the protection, use, development, conservation, management, and control of water resources in a sustainable and equitable manner.

• Nuclear Energy Act (No. 46 of 1999) (South Africa): sets out the Minister’s responsibilities regarding source material, special nuclear material, restricted material, radioactive waste, and the storage of irradiated nuclear fuel.

• Protected Areas Act (No. 57 of 2003, amended No. 31 of 2004) (South Africa): supports conservation of soil, water and biodiversity.

• Sea-shore Act (No. 21 of 1935) (South Africa): supports conservation of marine substrate, animal and plant life. Provided for under Integrated Coastal Management Bill (see above).

• Waste Act (No. 59 of 2008): the National Environmental Management: Waste Act aims to prevent pollution and ecological degradation, thus protecting the environment and our health.

• Water Services Act (No. 108 of 1997) (South Africa): provides a regulatory framework for local authorities to supply water and sanitation services in their respective areas.

There is also legislation that is particularly useful for citizens, civic engagement and environmental activist groups, which deals with access to environmental information and protection of informants - this is closely connected to the National Environmental Management Act:

• Promotion of Access to Information Act (No. 2 of 2000) (South Africa)
• Promotion of Administrative Justice Act (No. 3 of 2000) (South Africa)

Want to TAKE ACTION?

Go to the Rhodes University ENVIRONMENT front page. Suggestions/Questions? Contact environment(at)ru.ac.za