FEIR for Boitshepi Landfill Site .pdf - Zitholele.co.za

August 2010 9 88482 LEGAL REQUIREMENTSEnvironmental legislation in South Africa was promulgated with the aim of, at the very least,minimising and at the most preventing environmental degradation. The following Acts andRegulations are applicable to the Boitshepi Waste Disposal Site Project:2.1 The Constitution of the Republic of South Africa (Act 108 of 1996)Section 24 of the Constitution states that: Everyone has the right to(a) an environment that is not harmful to their health or well-being; and(b) have the environment protected, for the benefit of present and future generations,through reasonable legislative and other measures that-- prevent pollution and ecological degradation;- promote conservation; and- secure ecologically sustainable development and use of natural resources, whilepromoting justifiable economic and social development.The current environmental laws in South Africa concentrate on protecting, promoting, andfulfilling the Nation’s social, economic and environmental rights; while encouraging publicparticipation, implementing cultural and traditional knowledge and benefiting previouslydisadvantaged communities.2.2 National Environmental Management Act (Act 107 of 1998)The NEMA contains a set of principles that govern environmental management and againstwhich all Environmental Management Plans (EMPs) and actions are measured. SustainableDevelopment requires the consideration of all relevant factors including the following:• Environmental management must place people and their needs at the forefront of itsconcern, and serve their physical, psychological, developmental, cultural and socialinterests equitably;• The pollution and degradation of the environment are avoided, or, where they cannot bealtogether avoided are minimised and remedied;• Waste must be avoided, or where it cannot be altogether avoided, minimised and reusedor recycled where possible and otherwise disposed of in a responsible manner;• That a risk averse and cautious approach is applied, which takes into account the limitsof current knowledge about the consequences of decisions and actions;• Responsibility for the environmental, health and safety consequences of a policy,programme, project, product, process, service or activity exists throughout its life cycle;ZITHOLELE CONSULTING