Articles/Commentary

Waste tyre management is regulated by the Environment Conservation Act 73 of 1989 (more specifically, the Waste Tyre Regulations, 2009 as published in Government Notice [GN] R149 in Government Gazette [GG] 31901 of 13 February 2009) and the National Environmental Management: Waste Act 59 of

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APPLICABLE LEGISLATION: National Water Act 36 of 1998, sections 3, 19 and 22 LEGAL OBLIGATIONS: To conserve water DISCUSSION The purpose of the National Water Act 36 of 1998 is to ensure that water is protected, used, developed, conserved, managed and controlled in a sustainable and equitable manner, for the

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APPLICABLE LEGISLATION: The Constitution of the Republic of South Africa, 1996, sections 146, 148 and 150   LEGAL OBLIGATIONS: To interpret environmental legislation correctly where conflict between national and provincial environmental legislation exists.   DISCUSSION Section 146 of the Constitution must be applied when dealing with conflicting environmental legislation. Section 146 states

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APPLICABLE LEGISLATION: National Environmental Management Act 107 of 1998 (NEMA) – Section 30A LEGAL OBLIGATIONS: To only proceed with a listed activity without an environmental authorisation when permission has been received. DISCUSSION The competent authority may on its own initiative or on written or oral request from a person, direct

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APPLICABLE LEGISLATION: National Environmental Management Act 107 of 1998 (NEMA) – Section 30 LEGAL OBLIGATIONS: Reasonable measures to clean up pollution and to prevent pollution from recurring and external reporting DISCUSSION What is an incident in terms of section 30 of NEMA? “Incident” means an unexpected, sudden and uncontrolled release of

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APPLICABLE LEGISLATION: Chapter 5 of GNR 634 in GG 36784 of 23 August 2013 (the Waste Information Regulations) LEGAL OBLIGATIONS: Record keeping, disclosure. DISCUSSION What responsibilities are imposed on a waste generator in terms of chapter 5 of the Waste Information Regulations? Waste generators must keep accurate and up to date

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