scholarly journals 15 Years after the National Environmental Management Air Quality Act: Is legislation failing to reduce air pollution in South Africa?

2019 ◽  
Vol 115 (9/10) ◽  
Author(s):  
Cheledi Tshehla ◽  
Caradee Y. Wright
Keyword(s):  
South Africa ◽  
Environmental Management ◽  
Air Pollution ◽  
Air Quality ◽  
National Environmental

The impact of marine spatial planning legislation on environmental authorisation, permit and licence requirements in Algoa Bay

2021 ◽  
Vol 2021 ◽  
pp. 79-121
Author(s):  
Denning Metuge
Keyword(s):  
South Africa ◽  
Environmental Management ◽  
Air Quality ◽  
Protected Areas ◽  
Spatial Planning ◽  
Marine Spatial Planning ◽  
Marine Area ◽  
Potential Impact ◽  
The Impact ◽  
National Environmental

With a focus on Algoa Bay, this article considers the potential conflicts that may arise between South Africa’s marine spatial planning (MSP) legislation and the environmental authorisations, permits and licencing requirements provided under specific environmental management Acts (SEMAs). The legislation for MSP in South Africa is the Marine Spatial Planning Act, 2018 (MSPA). It provides that ‘[a]ny right, permit, permission, licence or any other authorisation issued in terms of any other law must be consistent with the approved marine area plans’. What is more, where there is a conflict between the MSPA and any other legislation ‘specifically relating to marine spatial planning’, the provisions of the MSPA prevail. Particular attention is given to the principle of sustainability that the MSPA incorporates into MSP and its impact on environmental authorisation, permit and licence requirements issued in terms of three SEMAs: the National Environmental Management: Biodiversity Act, 2004 (NEM:BA), the National Environmental Management: Protected Areas Act, 2003 (NEM:PAA) and the National Environmental Management: Air Quality Act, 2004 (NEM:AQA). The article concludes by summarising the potential impact the MSPA will have on the discussed SEMAs when it comes into operation and makes recommendations to prevent the occurrence of potential conflicts.

scholarly journals Public Interest Environmental Litigation: Recent Cases Raise Possible Obstacles

2017 ◽  
Vol 13 (5) ◽  
pp. 26
Author(s):  
Michael Kidd
Keyword(s):  
South Africa ◽  
Environmental Management ◽  
Public Interest ◽  
Locus Standi ◽  
The Republic ◽  
History Books ◽  
National Environmental

Despite the broadening of locus standi in environmental cases by both Section 38 of the Constitution of the Republic of South Africa, 1996, and Section 32 of the National Environmental Management Act 107 of 1998, two recent cases suggest that the pre-constitutional approach to locus standi still holds sway in our Courts.  Moreover, failure to recognise the environmental right in Section 24 of the Constitution may be an impediment to applicants' ability to bring an interdict application successfully.  Correct use of the relevant constitutional provisions ought to obviate such problems, but alternatives are suggested.  In the course of the article, it is suggested that the rule in Patz v Greene is no longer relevant and should be consigned to the history books.

scholarly journals Quantifying the effect of air quality offsets on household air pollution and thermal comfort on the South Africa Highveld

2020 ◽  
Vol 30 (1) ◽  
Author(s):  
Joseph Adesina ◽  
Stuart Piketh ◽  
Marvin Qhekwana ◽  
Roelof Burger ◽  
Brigitte Language ◽  
...  
Keyword(s):  
South Africa ◽  
Air Pollution ◽  
Air Quality ◽  
Thermal Comfort ◽  
Household Air Pollution ◽  
The South

scholarly journals Air Quality and Human Health among a Low Income Community in the Highveld Priority Area

2011 ◽  
Vol 20 (1) ◽  
Author(s):  
C.Y Wright ◽  
R Oosthuizen ◽  
J John ◽  
R.M Garland ◽  
P Albers ◽  
...  
Keyword(s):  
South Africa ◽  
Air Pollution ◽  
Air Quality ◽  
Human Health ◽  
Low Income ◽  
Power Plants ◽  
Ambient Air ◽  
Agricultural Activity ◽  
Priority Area ◽  
The Impact

Human exposure to poor air quality is linked to adverse health effects. The largest burden of air pollution-related diseases is in developing countries where air pollution levels are also among the highest in the world. In South Africa, two geographic areas, the Vaal Triangle and the Highveld, have been identified for air quality managementinterventions to ensure compliance with National Air Quality Management Standards and to control potential harmful air pollution impacts on human health. The Highveld Priority Area (HPA) is characterised by intense mining, coal-fired power plants, industries, including iron and steel manufacturing, chemical plants, agricultural activity, motor vehicles and domestic fuel burning. Apart from two previous studies, no respiratory health studies have been carried out in the HPA. This paper describes the results of a recent, comprehensive study of ambient air quality, potential exposure to air pollution and air-related human health among a low income community living in the HPA in order to better understand the impact of air pollution on human health in South Africa.

scholarly journals The Efficacy of Section 2(4)(l) of the National Environmental Management Act in the Context of Cooperative Environmental Governance

Obiter ◽  
2021 ◽  
Vol 42 (1) ◽  
pp. 162-174
Author(s):  
Bramley Jemain Lemine
Keyword(s):  
South Africa ◽  
Environmental Management ◽  
Sustainable Development ◽  
Environmental Governance ◽  
Document Analysis ◽  
Law Reform ◽  
The Republic ◽  
National Environmental ◽  
Wetlands Management ◽  
The Way

Wetlands are regulated by a plethora of specific environmental management Acts (SEMAs). The mandate of these Acts sits within various environmental affairs departments. Thus, the same resource is regulated and managed by a series of different legislation and environmental administrators. The National Environmental Management Act 107 of 1998 (NEMA) is the national environmental framework Act and stresses in its purpose the need for cooperative environmental governance (CEG) which, arguably, raises no concern for the way wetlands are currently regulated and managed, as long as this is done in a manner that promotes CEG. Section 2 of NEMA sets out a series of sustainable development principles that all organs of state must apply in all matters relating to the environment; “environment” is read throughout to include wetlands. Section 2(4)(l) is dubbed the “co-operative governance principle” and mandates the “intergovernmental co-ordination and harmonisation of policies, legislation and actions relating to the environment”. With this in mind, this note, by way of a document analysis, seeks to ascertain whether legislation and policies and action relating to the wetlands regulation and management are in fact coordinated. The presented findings indicate that coordination is lacking, which consequently adversely affects the management, conservation and protection of wetlands in South Africa. The recommendations aim to bring about law reform to improve coordination that bolsters wetlands management as well as their conservation and protection, while simultaneously promoting the objectives of section 41 of the Constitution of the Republic of South Africa, 1996 (the Constitution).

Case Note: Locus standi to institute a private prosecution of environmental offences in South Africa: Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd

2020 ◽  
Vol 26 ◽  
pp. 161-178
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
South Africa ◽  
Environmental Management ◽  
Southern Africa ◽  
Case Note ◽  
British Petroleum ◽  
Environmental Advocacy ◽  
Locus Standi ◽  
National Director ◽  
National Environmental

In Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd, in the first ever private prosecution under section 33 of the National Environmental Management Act, British Petroleum (BP) was prosecuted and convicted for constructing filling stations without the necessary authorisation. The judgment deals mostly with the issue of locus standi to institute a private prosecution for environmental offences. The purpose of this note is to highlight the issues that emerge from the judgment. The note also discusses the role that could be played by the National Director of Public Prosecutions should they decide to take over a private prosecution instituted under section 33 of NEMA.

Developing a Strategy For Efficient Environmental Authorisation of Activities Affecting Wetlands in South Africa: Towards a Wise-Use Approach

Obiter ◽  
2020 ◽  
Vol 41 (1) ◽  
pp. 154-167
Author(s):  
Bramley Jemain Lemine
Keyword(s):  
South Africa ◽  
Environmental Management ◽  
Water Resource ◽  
Land Reform ◽  
Competent Authority ◽  
Water Source ◽  
Source Water ◽  
Ramsar Convention ◽  
Wise Use ◽  
National Environmental

South Africa is a party to the Convention on Wetlands of International Importance especially as Waterfowl Habitat of 1971 (also referred to as the Ramsar Convention). Article 3(1) of the Ramsar Convention makes provision for the wise use of wetlands, which is defined as the “maintenance of the ecological character, achieved through the implementation of ecosystem approaches, within the context of sustainable development”. The Conference of the Parties has agreed on inherent weaknesses that could lead to the hampering of wise use. These weaknesses include, but are not limited to, authorities working in isolation; and the lack of communication between public and private sectors or technical personnel (environmental impact assessment specialists). Within the enabling provisions of South Africa’s EIA regulations, reference is made to “water source”, “water resource”, “wetland” and “ecosystem”. All these terms are read to include a wetland. However, whereas the terms “water source”, “water resource” and “wetland” are defined in the National Water Act 36 of 1998 (NWA), an “ecosystem” is defined in the National Environmental Management: Biodiversity Act 10 of 2004 (NEMBA), and “water source” is defined in the Conservation of Agricultural Resources Act 43 of 1983 (CARA). Furthermore, the administration of the NWA is with the Department of Water and Sanitation, while NEMBA is with the Department of Environment, Forestry and Fisheries, and CARA is with the Department of Agriculture, Land Reform and Rural Development. This multiplicity, combined with the application of the various specific environmental management acts (SEMAs), complicates the manner in which an EIA application is considered. This is so in that the national environmental framework casts the net wide in identifying the competent authority, but also in its effect on wise use decision making on activities pertaining to wetlands. In light of the aforementioned, this article aims to address the shortfalls and make recommendations that promote wise use.

scholarly journals The Complexity of Space Utilization and Environmental Pollution Control in the Main Corridor of Makassar City, South Sulawesi, Indonesia

2020 ◽  
Vol 12 (21) ◽  
pp. 9244 ◽  
Author(s):  
Batara Surya ◽  
Hamsina Hamsina ◽  
Ridwan Ridwan ◽  
Baharuddin Baharuddin ◽  
Firman Menne ◽  
...  
Keyword(s):  
Environmental Management ◽  
Land Use ◽  
Air Pollution ◽  
Air Quality ◽  
Environmental Quality ◽  
Pollution Index ◽  
Industrial Area ◽  
Population Mobility ◽  
A Value ◽  
Quality Degradation

Population mobility, increasing demand for transportation, and the complexity of land use have an impact on environmental quality degradation and air quality pollution. This study aims to analyze (1) the effect of population mobility, increased traffic volume, and land use change on air quality pollution, (2) direct and indirect effects of urban activities, transportation systems, and movement patterns on environmental quality degradation and air pollution index, and (3) air pollution strategy and sustainable urban environmental management. The research method used is a sequential explanation design. Data were obtained through observation, surveys, in-depth interviews, and documentation. The results of the study illustrate that the business center and Daya terminal with a value of 0.18 µgram/m3 is polluted, the power plant and Sermani industrial area with a value of 0.16 µgram/m3 is polluted, the Makassar industrial area with a value of 0.23 is heavily polluted, and the Hasanuddin International Airport area with a value of 0.04 µgram/m3 is not polluted. Population mobility, traffic volume, and land use changes have a significant effect on environmental quality degradation, with a determination coefficient of 94.1%. The direct effect of decreasing environmental quality on the air pollution index is 66.09%. This study recommends transportation management on the main road corridor of Makassar City, which is environmentally friendly with regard to sustainable environmental management.

scholarly journals Legal issues concerning mine closure and social responsibility on the West Rand

2009 ◽  
Vol 5 (1) ◽  
Author(s):  
Francois Durand ◽  
Mariette Liefferink ◽  
Elize S Van Eeden
Keyword(s):  
South Africa ◽  
Environmental Management ◽  
Multidisciplinary Approach ◽  
Past Century ◽  
The West ◽  
The Past ◽  
The Social ◽  
Petroleum Resources ◽  
Current Water ◽  
National Environmental

Mining and, especially, gold and uranium mining have played a major role in the economy, history, and demography of South Africa. The contribution of the mines to the economy of South Africa over the past century has been overvalued, while the social injustices and negative environmental impacts that accompanied mining have been underplayed or ignored by the mining houses and government. The environmental situation has worsened significantly over the past few years due to the abandonment and pending closure of most of these mines. A reluctance is perceived on the part of the mining companies, and even government, to take responsibility for the damage caused by pollution, ecological degradation, and impact on human health by mining. Instead, the current informal policy appears to take smaller companies to court on minor environmental injustices to, perhaps, impress the broader public, while one of the biggest environmental concerns is stylishly treated. The inability of government to address the damage by mines effectively is in conflict with the National Water Act, the National Environmental Management Act, the Mineral and Petroleum Resources Act, the National Nuclear Regulator Act, and the Constitution of South Africa. The authors propose a multidisciplinary approach to address water-related environmental injustices on the West Rand and Far West Rand. We also describe the application of the National Environmental Management Act of South Africa (Act No. 107 of 1998) in the Wonderfonteinspruit and Tweelopiespruit Catchments and the current water quality situation.

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