Joint UNEP-OHCHR Expert Seminar on Human Rights and the Environment

14-16 Januar !""!# $eneva% &a'(ground Paper No) 1

[The Background Papers reflect the views of the authors and not of UNEP or OHCHR
Human Rights and Environment *ssues in +u,ti,atera, -reaties
.dopted /et0een 1111 and !""1
Professor Dinah Shelton University of Notre Dame
*ntrodu'tion
Principle 1 of the !tockhol" #eclaration established a foundation for linking human rights and
environmental protection, declaring that man has a fundamental right to freedom, equality and
adequate conditions of life, in an environment of a quality that permits a life of dignity and well
being! "t also announced the responsibility of each person to protect and improve the
environment for present and future generations! #lmost twenty years later, in resolution $%&'$
the UN (eneral #ssembly recalled the language of Stockholm, stating that all individuals are
entitled to live in an environment adequate for their health and wellbeing! )he resolution called
for enhanced efforts towards ensuring a better and healthier environment!
"n contrast to the earlier documents, the 1''* +onference of ,io de -aneiro on .nvironment and
Development formulated the link between human rights and environmental protection largely in
procedural terms! Principle 1/ of the Rio #eclaration on Environ"ent and #evelop"ent
proclaims as follows0
.nvironmental issues are best handled with the participation of all concerned citi1ens, at the
relevant level! #t the national level, each individual shall have appropriate access to information
concerning the environment that is held by public authorities, including information on
ha1ardous materials and activities in their communities, and the opportunity to participate in
decisionmaking processes! States shall facilitate and encourage public awareness and
participation by making information widely available! .ffective access to 2udicial and
administrative proceedings, including redress and remedy, shall be provided!
,ights to information, participation and remedies in respect to environmental conditions thus
formed the focus of the ,io Declaration! "n addition to Principle 1/, the Declaration includes
provisions on the participation of different components of the population0 women 3Principle */4,
youth 3Principle *14, and indigenous peoples and local communities 3Principle **4! Public
participation also is emphasi1ed in #genda *1! )he Preamble to +hapter *5 states0
6ne of the fundamental prerequisites for the achievement of sustainable development is broad
public participation in decisionmaking! 7urthermore, in the more specific conte8t of
environment and development, the need for new forms of participation has emerged! )his
includes the need of individuals, groups, and organi1ations to participate in environmental
impact assessment procedures and to know about and participate in decisions, particularly those
that potentially affect the communities in which they live and work! "ndividuals, groups and
organi1ations should have access to information relevant to environment and development held
by national authorities, including information on products and activities that have or are likely to
have a significant impact on the environment, and information on environmental protection
measures!
+hapter *5 proclaims that individuals, groups and organi1ations should have access to
information relevant to the environment and development, held by national authorities, including
information on products and activities that have or are likely to have a significant impact on the
environment, and information on environmental protection matters! 91: #genda *1 also calls on
governments and legislators to establish 2udicial and administrative procedures for legal redress
and remedy for actions affecting the environment that may be unlawful or infringe on rights
under the law, and to provide access to individuals, groups and organi1ations with a recogni1ed
legal interest! Section """ of +hapter *5 identifies ma2or groups whose participation is needed0
women, youth, indigenous and local populations, nongovernmental organi1ations, local
authorities, workers, business and industry, scientists, and farmers! #genda *1 also calls for
public participation in environmental impact assessment procedures and in decisions, particularly
those that potentially affect the communities in which individuals and identified groups live and
work! "t also encourages governments to create policies that facilitate a direct e8change of
information between the government and the public in environmental issues, suggesting the ."#
process as a potential mechanism for participation!
"n the decade since preparations began for the ,io +onference, global and regional treaties
adopted in the fields of human rights and environmental protection have included provisions
specific to the rights contained in Principle 1/! )he language used by different instruments is far
from being homogeneous! Sometimes public participation is used in a broad sense to designate
the recommended openness of authorities towards individuals and groups of individuals and
includes the right to information rather than separately guaranteeing it! Some treaties also contain
substantive rights to a particular environmental quality while others, such as the ;ugano
+onvention, focus on remedies for environmental harm! (enerally, global and regional
environmental treaties since 1''1 contain at least some reference to public information, access or
remedies, although this practice is not usually followed in the case with watercourse agreements!
Such agreements tend to focus on interstate management and utili1ation of freshwaters without
reference to public information and participation! See, e!g! the $gree"ent on the Cooperation
for the !ustaina%le #evelop"ent of the &ekong River Basin 3+hiang ,ai, #pril %, 1''%4, the
Protocol on shared 'atercourse !(ste"s in the !outhern $frican #evelop"ent Co""unit(
Region 3#ugust *<, 1''%4, the Convention on the )nternational Co""ission for the Protection
of the Oder 3=roclaw, #pril 11, 1''>4, and the U!N! Convention on the *aw of the Non+
Navigational Uses of )nternational 'atercourses 3New ?ork, @ay *1, 1''A43the last does
contain a requirement of nondiscrimination in respect to any remedies that are provided4! )he
e8ceptions in this regard is the regionalConvention on the Protection and Use of Trans%oundar(
'atercourses and )nternational *akes 3Belsinki, @arch 1A, 1''*4, as discussed below and the
Convention on Cooperation for the Protection and !ustaina%le Use of the #anu%e River 3Sofia,
-une *', 1''$4!
Buman rights treaties of the past decade are fewer in number than the total of environmental
agreements adopted during the same period and most of those that have been concluded have
been at the regional level! "n general, global treaties have not included specific reference to the
environment or to environmental rights! "n contrast, even prior to the ,io +onference, regional
instruments contained provisions on environmental rights! #lthough they predate the
conference they are included below, as are the relevant provisions of the global Convention on
the Rights of the Child and),*,O Convention No, -./,
)he following sections refer to the relevant provisions in multilateral treaties adopted since
preparations for the ,io +onference began in 1''1, with a few human rights provisions cited
from earlier agreements!
-reat Provisions
.) $,o/a, environmenta, treaties
1! #n obligation to inform is foreseen by #nne8 "" to the Protocol on Environ"ental Protection
on the Conservation of $ntarctic 0auna and 0lora 3@adrid, 1''14! #ccording to #rticle %, the
Parties shall prepare and make available information setting forth and providing lists of Specially
Protected Species and relevant protected #reas to all those persons present or intending to enter
the #ntarctic )reaty area with a view to ensuring that such persons understand and observe the
provisions of the #nne8! 9*: # parallel provision is inserted in #nne8 C of the Protocol, on #rea
Protection and @anagement, according to which, each Party shall make available information
setting forth, inter alia , the location of protected areas and of historic monuments and sites, as
well as the management plans, with a view to ensuring that all persons visiting or proposing to
visit #ntarctica understand and observe the provisions of the #nne8,! 95:
*! )he 0ra"ework Convention on Cli"ate Change 3-une $, 1''*4, 9$: #rticle $3143i4 obliges
Parties to promote public awareness and to Dencourage the widest participation in this process
including that of nongovernmental organi1ations!D #rticle >, provides that its parties Dshall
promote and facilitate at the national and, as appropriate, subregional and regional levels, and in
accordance with national laws and regulations, and within their respective capacitiesD public
access to information and public participation! 9%:
*! Protocol to a"end the )nternational Convention on the Esta%lish"ent of an )nternational
0und for Co"pensation for Oil Pollution #a"age and the Protocol to a"end the )nternational
Convention on Civil *ia%ilit( for Oil Pollution #a"age 3;ondon, November *A, 1''*4 e8tend
the provisions of the 1'>' conventions that aim to provide remedies for those who suffer harm
from oil pollution damage!
5! )he Convention on Biological #iversit( refers in its preamble to the general lack of
information and knowledge regarding biological diversity and affirms the need for the full
participation of women at all levels of policymaking and implementation! #rticle 15 calls for
education to promote and encourage understanding of the importance of conservation of
biological diversity! #rticle 1$ provides that each contracting party, as far as possible and as
appropriate, shall introduce appropriate environmental impact assessment procedures and where
appropriate allow for public participation in such procedures! 9>: )he Convention allows for
public participation in environmental impact assessment procedures in #rticle 1$3143a4 and calls
for the participation of indigenous and local peoples in decisions about sharing their knowledge,
innovations and practices concerning conservation and sustainable use of biological diversity!
3#rt! <3244
$! )nternational Convention to Co"%at #esertification in those Countries E1periencing !erious
#rought and2or #esertification3 particularl( in $frica 3Paris, -une 1A, 1''$4 9A: , contains
numerous provisions on environmental rights, including in the Preamble, #rticle 1/3*43e4, 15314
3b4, 1$3*431'4 and *%! )he Convention goes furthest among recent treaties in calling for public
participation, embedding the issue throughout the agreement! #rticle 53a4 and 3c4 begin by
recogni1ing that there is a need to associate civil society with the actions of the State! )he treaty
calls for an integrated commitment of all actors 0 national governments, scientific institutions,
local communities and authorities, and nongovernmental organi1ations, as well as international
partners, both bilateral and multilateral! 9<:
%! )he "#.# 4oint Convention on the !afet( of !pent 0uel &anage"ent and on the !afet( of
Radioactive 'aste &anage"ent [9] is based to a large e8tent on the principles contained in the
"#.# document D)he Principles of ,adioactive =aste @anagement!D )he Preamble of the
treaty recogni1es the importance of informing the public on issues regarding the safety of spent
fuel and radioactive waste management! )his view is reinforced in #rticles > and 15, on the
siting of proposed facilitiesE they require each State Party to take the appropriate steps to ensure
that procedures are established and implemented to make information available to members of
the public on the safety of any proposed spent fuel management facility or radioactive waste
management facility!
>! )he )nternational Convention on *ia%ilit( and Co"pensation for #a"age in Connection with
the Carriage of Ha5ardous and No1ious !u%stances %( !ea 3;ondon, @ay 5, 1''>4 is similar to
the +onvention on ;iability for 6il Pollution Damage! "t ensures a remedy for those in2ured by
damage, imposes a mandatory insurance requirement, and establishes limits on liability and a
compensation fund!
A! #rticle 5* of the UN Convention on the *aw of the Non+navigational Uses of )nternational
'atercourses 3New ?ork, @ay *1, 1''A4 concerns freedom from discrimination in respect to
remedies! "t says that watercourse States shall not discriminate on the basis of nationality or
residence or place when the in2ury occurred, in granting to persons who suffered or are under a
serious threat of suffering significant transboundary harm, in accordance with their legal system,
access to 2udicial or other procedures, or a right to claim compensation or other relief in respect
of significant harm caused by such activities carried on in their territory!
<! 6n September 1*, 1''A, a 4oint Protocol to a"end the 6ienna Convention on Civil *ia%ilit(
for Nuclear #a"age 78- &a( -/.9: and the Paris Convention on Third Part( *ia%ilit( in the
0ield of Nuclear Energ( 78/ 4ul( -/.;: as a"ended , updated the provisions imposing civil
liability on owners or operators of nuclear facilities and providing remedies for those in2ured as a
result of nuclear incidents!
'! Rotterda" Convention on the Prior )nfor"ed Consent Procedure for Certain Ha5ardous
Che"icals and Pesticides in )nternational Trade 3September 1/, 1''<4! 91/: #rticle 1%3*4
requires each state party to ensure, Dto the e8tent practicableD that the public has DappropriateD
access to information on chemical handling and accident management and on alternatives that
are safer for human health or the environment than the chemicals listed in #nne8 """ to the
+onvention!
1/! Cartagena Protocol on Biosafet( to the Convention on Biological #iversit( 3@ontreal,
-anuary *', *///4, 911: #rt! *5 concerns public awareness and participation, requiring the Parties
to facilitate awareness, education and participation concerning the safe transfer, handling and use
of living modified organisms in relation to the conservation and sustainable use of biological
diversity, taking into account risks to human health! #ccess to information on imported ;@6s
should be insured and the public consulted in the decisionmaking process regarding such
organisms, with the results of such decisions made available to the public! 7urther, each Party
shall endeavour to inform its public about the means of public access to the Fiosafety +learing
Bouse created by the +onvention!
11! #rticle 1/314 of the Convention on Persistent Organic Pollutants 3Stockholm, @ay **,
*//14 91*: aims at Dprotecting human health and the environment from persistent organic
pollutants!D )he treaty provides that each Party shall, within its capabilities, promote and
facilitate provision to the public of all available information on persistent organic pollutants and
ensure that the public has access to public information and that the information is kept uptodate
3#rt!1/ 3143b4 and 3*44! .ducational and public awareness programs are to be developed
especially for women, children and the least educated! Parties are to make accessible to the
public on a timely and regular basis the results of their research, development and monitoring
activities pertaining to persistent organic pollutants! 3#rt! 114! Parties that e8change information
pursuant to the +onvention shall protect any confidential information, but information on health
and safety of humans and the environment shall not be regarded as confidential 3#rt!' 3%44
&) Regiona, environmenta, treaties
1! )he Espoo Convention on Environ"ental )"pact $ssess"ent in a Trans%oundar( Conte1t3
915: adopted 7ebruary *%, 1''1 during preparations for the ,io +onference, guarantees non
discriminatory public participation in environmental impact procedures within the scope of the
+onvention! #rticle *3>4 provides that D9t:he Party of origin shall provide an opportunity to the
public in areas likely to be affected to participate in relevant impact assessment procedures
regarding proposed activities and shall ensure that the opportunity provided to the public of the
affected party is equivalent to that provided to the public of the Party of origin!D
)he +onvention makes public participation obligatory without regard to pree8isting State
legislation0
)he concerned Parties shall ensure that the public of the affected Party in the areas likely to be
affected be informed of, and be provided with, possibilities for making comments or ob2ections
on the proposed activity, and for the transmittal of these comments or ob2ections to the
competent authority of the Party of origin, either directly to this authority or, where appropriate,
through the party of origin 3#rticle 5 para! <4!
)he Convention requires States parties to notify the public and to provide an opportunity for
public participation in relevant environmental impact assessment procedures regarding proposed
activities in any area likely to be affected by transboundary environmental harm! "n a final
decision on the proposed activities, the State must take due account of the environmental impact
assessment, including the opinions of the individuals in the affected area!
*! Protocol to the -/</ Convention on *ong+Range Trans%oundar( $ir Pollution Concerning the
Control of E"issions of 6olatile Organic Co"pounds or Their Trans%oundar( 0lu1es 3(eneva,
November 1<, 1''14, 91$: #rticle *3543a43$4!
5! )he treaty system established by the Convention concerning the Protection of the $lps
adopted in Sal1burg on November A, 1''1 91%: and complemented by nine protocols, contains
broad guarantees of public information! =hile the main treaty e8presses the duty of the
+ontracting Parties to ensure that the public is regularly kept informed in an appropriate manner
about the results of research, monitoring and action taken, sub2ect to compliance with national
laws on confidentiality 3#rt!$3$4 and 3%4, eight out of the nine Protocols provide that the States
parties favor training and information of the public concerning the ob2ectives, the measures and
the implementation of the agreed rules! 91>:
$! )he Convention on the Protection and Use of Trans%oundar( 'atercourses and )nternational
*akes 3Belsinki, @arch 1A, 1''*4 91A: provides considerable detail about procedures of
information and is virtually unique among watercourse agreements in doing so! "t declares that
information on the conditions of transboundary waters, measures taken or planned, to prevent,
control and reduce transboundary environmental impact, and the effectiveness of those measures,
shall be made available to the public at all reasonable times for inspection free of charge!
@embers of the public are to be provided with reasonable facilities for obtaining from the
,iparian Parties, on payment of reasonable charges, copies of such information 3#rt!1>4!
%! #nother regional instrument drafted under the auspices of the UN.+. and adopted in the
months prior to ,io, the Convention on Trans%oundar( Effects of )ndustrial $ccidents 3Belsinki,
@arch 1A, 1''*4, 91<: was the first international treaty to contain the three procedural
environmental rights0 information, participation and access to remedies 3#rt!'4! )he +onvention
requires its Parties to ensure that adequate information is given to the public in all areas capable
of being affected by an industrial accident arising out of a ha1ardous activity! #nne8 C"""
specifies the information to be transmitted, which should take into account the environmental
analysis and evaluation listed in #nne8 C! )he public in areas capable of being affected by the
proposed activity should be given the opportunity to participate in relevant procedures, with the
aim of making known its views and concerns on prevention and preparedness measures!
.quivalent opportunity to participate must be given to the public of the state of origin and the
public of the potentially affected state! )he States Parties shall also, in accordance with their
legal systems and, if desired, on a reciprocal basis, provide natural and legal persons who are
being or are capable of being adversely affected by the transboundary effects of an industrial
accident with access to, and participation in relevant administrative and 2udicial proceedings,
including the possibilities of starting a legal action and appealing a decision affecting their rights,
again equivalent to those available to persons within their own 2urisdiction! 6n public
participation, see #rticle '!
>! Convention for the Protection of the &arine Environ"ent of the Baltic !ea 3Belsinki, #pril ',
1''*4, 91': #rticle 1A! )he +onvention also provides for the protection of information Drelated
to intellectual property including industrial and commercial secrecyD! "t adds that if a State
nevertheless decides to supply such protected information to another State, the latter shall respect
the confidentiality of the information received and the conditions under which it is supplied, and
shall use that information only for the purposes for which it was supplied 3#rt! 1<4!
A! Convention on the Protection of the Black !ea against Pollution 3Fucharest, #pril *1, 1''*4
9*/: contains a rare provision on remedies! "ts article 1> specifies that each +ontracting Party
shall adopt rules and regulations on the liability for damage caused by natural or 2uridical
persons and shall ensure that recourse is available in accordance with their legal systems for
prompt and adequate compensation or other relief for damage caused by pollution of the marine
environment of the black Sea! 3#rt! GC"4!
<! Convention for the Conservation of the Biodiversit( and the Protection of 'ilderness $reas in
Central $"erica 3@anagua, -une %, 1''*4! #rticle > calls for stimulating knowledge about
biological diversity in the region, while #rticle A calls for recognition and support for the
knowledge, practices and technological innovations developed by native groups in the region
which contribute to the sustainable use and conservation of biological resources! #rticle 153f4
calls upon each State Party to promote public awareness of the necessity of conserving,
sustainably using and developing the biological resources of the area! "n #rticle 5% the States
Parties recogni1e the importance of public participation in actions to conserve biodiversity and
agree to promote the development of educational materials to be distributed by the media as well
as being included in public and private educational institutions!
A! Convention for the Protection of the &arine Environ"ent of the North+East $tlantic 3Paris,
September **, 1''*4! 9*1: #rticle ' requires the contracting parties to ensure that their
competent authorities are required to make available relevant information to any natural or legal
person, in response to any reasonable request, without the person having to prove an interest,
without unreasonable charges and within two months of the request! )he protection of the
confidentiality of the proceedings of public authorities, international relations, of commercial
and industrial information including intellectual property, and of personal date and&or files is also
foreseen, art!' 354!
<! Convention on Civil *ia%ilit( for #a"age Resulting fro" $ctivities #angerous to the
Environ"ent 3;ugano, -une *>, 1''54! 9**: )he primary focus of the +onvention is on
providing access to remedies for environmental harm! Froad standing is provided to
environmental organi1ations to seek the prohibition of an unlawful activity that poses a grave
threat of damage to the environment and to seek orders against operators in order to prevent or
mitigate damage! #ctions for compensation for harm suffered must be brought within three
years from the date on which the claimant knew or ought reasonably to have known of the
damage and of the identity of the operator and in no case more than thirty years from the date of
the incident which caused the damage! -urisdiction e8ists where the damage was sufferedE where
the dangerous activity was conducted and where the defendant has his habitual residence!
+hapter """, comprising articles 15 to 1>, concerns access to information! Public authorities are
to provide access to information to any person upon request and without the person having to
prove an interest! +ertain e8ceptions are provided and a time limit of two months for reply! #ny
person who considers that his request for information has been unreasonably refused or ignored
or has been inadequately answered by a public authority, is entitled to seek a 2udicial or
administrative review of the decision, in accordance with the relevant legal system! Parties may
impose a reasonable cost for supplying the information! 3#rt! 1$4! #rticles 1% and 1> e8tend
rights to information to Dbodies with public responsibilities for the environment and under the
control of a public authorityD and, under specified conditions, to operators of activities dangerous
to the environment! "n respect to the latter, a person suffering damage may at any time, request
the court to order an operator to provide specific information in so far as this is necessary to
establish the e8istence of a claim for compensation under the +onvention! 3#rt! 1>4
'! North+$"erican $gree"ent on Environ"ental Co+operation 3=ashington, D!+!, September
15, 1''54 9*5: #rt! *3143a4, 1$! #lso known as the N#7)# side agreement, the treaty contains
institutional arrangements for public participation! "t creates a permanent trilateral body, the
+ommission for .nvironmental +ooperation, composed of a +ouncil, a Secretariat and a -oint
Public #dvisory +ommittee 3#rticle <4! )he -oint Public #dvisory +ommittee includes fifteen
members from the public, five from each member country, and advises the +ouncil as well as
provides technical, scientific, or other information to the secretariat! )he +ommittee also may
advise on the annual program and budget as well as reports that are issued! "t meets annually,
along with the regular meetings of the +ouncil! N##.+ is also the first environmental
agreement to establish a procedure which allows individuals, environmental organi1ations and
business entities to complain about a stateHs failure to enforce its environmental law, including
those deriving from international obligations!
1/! Convention on Co+operation and !ustaina%le Use of the #anu%e River 3Sofia, -une *',
1''$4! 9*$: #rticle1$ requires the +ontracting Parties to ensure that their competent authorities
are required to make available information concerning the state or the quality of riverine
environment in the Danube Fasin to any natural or legal person, with payment of reasonable
charges, in response to any reasonable request, without that person having to prove an interest, as
soon as possible! )he information may be given in written, visual, oral or databased form! #ny
refusal to provide the information requested, based upon specified reasons, must be given in
writing!
11! Energ( Charter Treat( 3;isbon, December 1A, 1''$4, #rt! 1'3143i4 and */, .@u), ''$0'5!
#rticle 1'3143f4 calls on parties to promote public awareness of the .nvironmental "mpacts of
energy systems, of the scope for the prevention or abatement of their adverse .nvironmental
"mpacts, and of the costs associated with various prevention or abatement measures E while
paragraph DiD calls for promoting the transparent assessment at an early stage and prior to
decision, and subsequent monitoring, of .nvironmental "mpacts of environmentally significant
energy investment pro2ects! #rticle */ requires parties to publish promptly all laws, regulations,
2udicial decisions and administrative rulings of general and agreements in force between
+ontracting Parties which affect other matters covered by this )reaty! )he publication must take
place in such a manner as to enable +ontracting Parties and "nvestors to become acquainted with
them! +ontracting Parties are not required to disclose confidential information which would
impede law enforcement or otherwise be contrary to the public interest or would pre2udice the
legitimate commercial interests of any "nvestor!
1*! $"end"ents to the -/<. Barcelona Convention for the Protection of the &editerranean !ea
against Pollution 3Farcelona, -une 1/, 1''%4, 9*%: #rt!1%, 1> and 1A! #rticle 1% concerns public
information and participation! "t requires the +ontracting Parties to ensure that their competent
authorities to the public appropriate access to information on the environmental state in the field
of application of the +onvention and the Protocols, on activities or measures adversely affecting
or likely to affect it and on activities carried out or measures taken in accordance with the
+onvention and the Protocols! )he +ontracting Parties also shall ensure that the opportunity is
given to the public to participate in decisionmaking processes relevant to the field of application
of the +onvention and the Protocols, as appropriate! )he +ontracting Parties may refuse, in
accordance with their legal systems and applicable international regulations, to provide access to
such information on the ground of confidentiality, public security or investigation proceedings,
stating the reasons for such a refusal! #rticle 1>, on liability and compensation specifies that the
+ontracting Parties undertake to cooperate in the formulation and adoption of appropriate rules
and procedures for the determination of liability and compensation for damage resulting from
pollution of the marine environment in the @editerranean Sea #rea! 7inally, #rticle 1A,
concerning the institutional arrangements for the system, provides that the United Nations
.nvironment Programme, carrying out the secretariat functions shall receive, consider and reply
to enquiries and information from nongovernmental organi1ations and the public when they
relate to sub2ects of common interest or to activities carried out at the regional level!
15! )nter+$"erican Convention for the Protection and Conservation of !ea Turtles 3+aracas,
December 1, 1''>4! #rticle $3*43g4 provides that the appropriate and necessary measures that
each Party shall take, Din accordance with international law and on the basis of the best available
scientific evidence, for the protection, conservation and recovery of sea turtle populations and
their habitatsD shall include0 D)he promotion of environmental education and dissemination of
information in an effort to encourage the participation of government institutions,
nongovernmental organi1ations and the general public of each State, especially those
communities that are involved in the protection, conservation and recovery of sea turtle
populations and their habitatsD
1$! Protocol concerning !peciall( Protected $reas and Biological #iversit( in the
&editerranean , 3Farcelona, -une 1', 1''%4! 9*>: #rticle 1', on publicity, information, public
awareness and education was added in 1''% to the original 1'<* agreement! "t provides that the
Parties shall give appropriate publicity to the establishment of specially protected areas, their
boundaries, applicable regulations, and to the designation of protected species, their habitats and
applicable regulations! 7urther, the
Parties shall endeavour to inform the public of the interest and value of specially protected areas
and species, and of the scientific knowledge which may be gained from the point of view of
nature conservation and other points of view! Such information should have an appropriate place
in education programmes! )he Parties shall also endeavour to promote the participation of their
public and their conservation organi1ations in measures that are necessary for the protection of
the areas and species concerned, including environmental impact assessments!
1%! )he Convention on $ccess to )nfor"ation3 Pu%lic Participation and $ccess to 4ustice in
Environ"ental &atters , 3#arhus, -une *%, 1''<4, signed by thirtyfive Sates and the .uropean
+ommunity, takes a comprehensive approach! )he +onvention builds on prior te8ts, especially
Principle 1 of the Stockholm Declaration, which it incorporates and strengthens! )he Preamble
states that Devery person has the right to live in an environment adequate to his or her health and
wellbeing, and the duty, both individually and in association with others, to protect and improve
the environment for the benefit of present and future generations!D )he following paragraph adds
that to be able to assert the right and observe the duty, citi1ens must have access to information,
be entitled to participate in decisionmaking and have access to 2ustice in environmental matters!
)hese provisions are repeated in #rticle 1 where States parties agree to guarantee the rights of
access to information, public participation, and access to 2ustice! )he +onvention acknowledges
its broader implications, e8pressing a conviction that its implementation will Dcontribute to
strengthening democracy in the region of the UN.+.!D #lthough it was open for signature only
by States members of the UN.+. as well as States having consultative status with it 3#rt!1A4, its
#rticle 1' opens the door to accession by other States under the conditions that they are members
of the UN and that the accession is approved by the @eeting of the Parties of the +onvention!
)he $arhus Convention obliges states parties to collect and publicly disseminate information,
and respond to specific requests! 3#rticle $%4! .ach party is to prepare and disseminate a
national report on the state of the environment at three to four year intervals! "n addition, it is to
disseminate legislative and policy documents, treaties, and other international instruments
relating to the environment! .ach party must ensure that public authorities, upon request, provide
environmental information to a requesting person without the latter having to state an interest!
DPublic authoritiesD means, in addition to government bodies, any natural or legal person having
public responsibilities or functions or providing public services! )he information has to be made
available within one month, or in e8ceptional cases up to three months! "n addition to providing
information on request, each State party must be proactive, ensuring that public authorities
collect and update environmental information relevant to their functions! )his requires that each
state party establish mandatory systems to obtain information on proposed and e8isting activities
which could significantly affect the environment! )his provision is clearly aimed at the private
sector and is supplemented by #rticle %3>4 which requires states parties to encourage operators
whose activities have a significant impact on the environment to inform the public regularly of
the environmental impact of their activities and products, through ecolabeling, ecoauditing or
similar means! States parties are also to ensure that consumer information on products is made
available!
)he #arhus +onvention provides numerous e8ceptions in #rticle $3$4 to the duty to inform, in
the light of other political, economic and legal interests! )hus, the state may refuse to provide
the information if the information is not in its possessionE the request is manifestly unreasonable
or too generalE concerns material not completed or internal communications of a public
authorityE or if the disclosure would adversely affect0
the confidentiality of public proceedingsE
international relations, national defense or public securityE
criminal investigations or trialsE
commercial and industrial secretsE however, information on emissions relevant to the protection
of the environment shall be disclosedE
intellectual property rights
privacy, i!e! personal data
the interests of a third party
the environment, such as the breeding sites of rare species!
)he +onvention states that all e8ceptions are to be read restrictively and the State may provide
broader information rights than those contained in the +onvention! "n addition, where non
e8empt information can be separated from that not sub2ect to disclosure, the nonrestricted
information must be provided! "n spite of these interpretive provisions, many environmental
groups have e8pressed concern that the e8ceptions will result in the withholding of e8tensive and
crucial information! #ny refusal to provide information must be in writing and with reasons
given for the refusal! ,easonable fees may be charged for supplying information! )he
government has special disclosure obligations in case of any imminent threat to human health or
the environment!
)o enhance the effectiveness of the +onvention, the states parties must provide information
about information, i!e! the type and scope of information held by public authorities, the basic
terms and conditions under which it is made available and the procedure by which it could be
obtained! )he +onvention also foresees the establishment of publiclyaccessible electronic sites
that should contain reports on the state of the environment, te8ts of environmental legislation,
environmental plans, programs and policies, and other information that could facilitate the
application of national law!
"n the #arhus +onvention public participation is guaranteed in #rticles ><, and is required in
regard to all decisions on whether to permit or renew permission for industrial, agricultural and
construction activities listed in an #nne8 to the +onvention as well as other activities which may
have a significant impact on the environment! )he public must be informed in detail about the
proposed activity early in the decisionmaking process and given time to prepare and participate
in the decisionmaking! During the process, the public must have access to all relevant
information on the proposal including the site, description of environmental impacts, measures to
prevent and&or reduce the effects, a nontechnical summary, an outline of the main alternatives,
and any reports or advice given! Public participation can be through writing, hearings or inquiry!
#ll public comments, information, analyses or opinions shall be taken into account by the party
in making its decision! #ll decisions shall be made public, along with the reasons and
considerations on which the decision is based!
"n addition to providing for public participation regarding decisions on specific pro2ects, the
+onvention calls for public participation in the preparation of environmental plans, programs,
policies, laws and regulations! 7urther, States parties are to promote environmental education and
to recogni1e and support environmental associations and groups!
)he provisions of #rticle ' of the #arhus +onvention mirror many human rights te8ts in
requiring proceedings before an independent and impartial body established by law! .ach state
party must provide 2udicial review for any denial of requested information, and a remedy for any
act or omission concerning the permitting of activities and Dacts and omissions by private
persons and public authorities which contravene provisions of its national law relating to the
environment!D Standing to challenge permitting procedures or results is limited to members of
the public having a sufficient interest or maintaining impairment of a rightE however, the
+onvention provides that environmental nongovernmental organi1ations Dshall be deemedD to
have sufficient interest for this purpose! Standing to challenge violations of environmental law is
open to the public, including N(6s Dwhere they meet the criteria, if any, laid down in national
law!D 3#rticle '3544
)he +onventionHs topic has induced the drafters to take small steps towards the creation of
compliance procedures and enhancement of public participation on the international level!
Primary review of implementation is conferred on the @eeting of the Parties, at which non
governmental organi1ations Dqualified in the fields to which this +onvention relatesD may
participate as observers if they have made a request and not more than onethird of the parties
present at the meeting raise ob2ections 3#rticle 1/4! )his is a common provision in international
environmental agreements! )he +onvention adds, however, a provision on compliance review
3#rticle 1%4 which mandates the establishment by the @eeting of the Parties of a Dnon
confrontational, non2udicial and consultativeD optional arrangement for compliance review,
which Dshall allow for appropriate public involvement and may include the option of considering
communications from members of the public on matters related to this +onvention!D )his
tentative language marks the first time a petition procedure has been contemplated in an
international environmental agreement! "f the compliance procedure is established, it will mark
an important step in enhancing the effectiveness of international environmental agreements! #t
present, nearly all such agreements vest authority over issues of implementation and compliance
in the +onference or @eeting of the Parties, a plenary and political body! "n some cases small
secretariats are created, but they lack broad competence over compliance matters!
1>! # Protocol on 'ater and Health to the Belsinki =atercourses +onvention, adopted in
;ondon on -une 1A, 1''', 9*A: details in #rticle 1/ the required content of public information!
)he ob2ective of that Protocol is to promote the protection of human health and wellbeing at all
appropriate levels, nationally as well as in transboundary and international conte8ts! See also
#rt! %3i4!
1A! )he +ouncil of .urope Convention on the Protection of the Environ"ent through Cri"inal
*aw 3Strasbourg, November $, 1''<4 9*<: provides that each Party may Ddeclare that it will, in
accordance with domestic law, grant any group, foundation or association which, according to its
statutes, aims at the protection of the environment, the right to participate in criminal
proceedings concerning offences established in accordance with th9e: +onvention!D 3#rt! 114!
1<! )he Convention on the Conservation and &anage"ent of Highl( &igrator( 0ish !tocks in
the 'estern and Central Pacific Ocean 3September %, *///, $/ "!;!@! *A< 3*//144 adopts a
participatory approach to fish stock management in the region! #rticle *1, entitled
DtransparencyD calls on the +ommission created to Dpromote transparency in its decisionmaking
processes and other activities!D ,epresentatives from intergovernmental and nongovernmental
organi1ations concerned with matters relevant to the implementation of the +onvention shall be
afforded the opportunity to participate in the meetings of the +ommission and its subsidiary
bodies! ,ules of procedure are to detail the modalities of participation and Dshall not be unduly
restrictive in this respect!D Such organi1ations are also to be given timely access to pertinent
information!
C) $,o/a, human rights treaties
1! )he Convention on the Rights of the Child 3New ?ork, November */, 1'<'4 refers to aspects
of environmental protection in respect to the childHs right to health! #rticle *$ provides that
States Parties shall take appropriate measures to combat disease and malnutrition Dthrough the
provision of adequate nutritious foods and clean drinking water, taking into consideration the
dangers and risks of environmental pollution!D 3#rt! *$3*43c4! "nformation and education is to
be provided to all segments of society on hygiene and environmental sanitation! 3#rt! *$3*43e4!
*! )*O Convention No, -./ concerning )ndigenous and Tri%al Peoples in )ndependent Countries
3(eneva, -une *A, 1'<'4 contains numerous references to the lands, resources, and environment
of indigenous peoples! #rticle * provides that actions respecting indigenous peoples shall be
developed with the participation of the peoples concerned! Special measures are to be adopted
for safeguarding the environment of such peoples consistent with their freelye8pressed wishes
3#rt! $4! States parties must consult indigenous peoples 3#rt! >4 and provide for their
participation in formulating national and regional development plans that may affect them 3#rt!
A4! .nvironmental impact assessment must be done of planned development activities with the
cooperation of the peoples concerned 3#rt! A3544 and D(overnments shall take measures, in
cooperation with the peoples concerned, to protect and preserve the environment of the territories
they inhabit!D 3#rt! A3$44! ,ights to remedies are provided in #rticle 1*! Part "" of the
+onvention addresses land issues, including the rights of the peoples concerned to the natural
resources pertaining to their lands! )he rights include Dthe right to participate in the use,
management and conservation of these resources!D 3#rt! 1%4! #rticle 5/ requires the
governments to make known to the peoples concerned their rights and duties!
2) Regiona, human rights treaties
1! )he $frican Charter on Hu"an and Peoples= Rights , 3Fan2ul -une *>, 1'<14 contains several
provisions related to environmental rights! #rticle *1 provides that D#ll peoples shall freely
dispose of their wealth and natural resourcesD and adds that this right shall be e8ercised in the
e8clusive interest of the people!D #rticle *$, which could be seen to complement or perhaps
conflict with #rticle *1, states that D#ll peoples shall have the right to a general satisfactory
environment favorable to their development!D #rticle A provides that Devery individual shall
have the right to have his cause heard!D
*! #rticle 11 of the $dditional Protocol to the $"erican Convention on Hu"an Rights in the
area of Econo"ic3 !ocial and Cultural Rights 3San Salvador, November 1A, 1'<<4, 9*': is
entitled0 D,ight to a healthy environment!D "t proclaims0
1! .veryone shall have the right to live in a healthy environment and to have access to basic
public services!
*! )he States Parties shall promote the protection, preservation and improvement of the
environment!
5! )he European Convention on the E1ercise of Children=s Rights 3Strasbourg, -anuary *%, 1''>4
95/: aims at ensuring access to information and participation of children in decisions relevant to
them, as well as appropriate remedies! #rts! 1, 5!
.ppendix% Other 3ega, *nstruments
.) European Communit -exts
"n the .uropean +ommunity two general directives address rights of information! 7irst, the duty
to provide information in connection with mandatory environmental assessment pro2ects is made
e8plicit in +ouncil #irective Concerning the $ssess"ent of the Effects of Certain Pu%lic and
Private Pro>ects on the Environ"ent ! 951: Second, on -une A, 1''/ the +ommunity adopted a
#irective on 0reedo" of $ccess to )nfor"ation on the Environ"ent ! 95*: )he Directive covers
virtually all environmental data, including information held by public authorities that relates to
the state of the environmentE activities or measures adversely affecting or likely so to affect the
environmentE activities or measures designed to protect the environment 3#rticle *3a44! DPublic
authoritiesD is defined to include all administrations with responsibilities relating to the
environment 3#rticle *3b44 but #rticle > e8tends the DirectiveHs application to all bodies which
have responsibilities for the environment that derive from public authorities! )hus, the Directive
applies to anyone delegated environmental functions, e8cept 2udicial and legislative bodies
acting Din a 2udicial or legislative capacity!D #ccess to information is available to any Dnatural or
legal personD without distinction according to nationality and without the necessity to prove an
interest 3#rticle 53144, thus allowing individuals in another member state or even those from
outside the +ommunity to have access to information! )he state must respond within two
months to any request for information and must give reasons for any refusal to supply the
requested information! =hen the access to information is refused, a 2udicial or administrative
review of the decision must be provided in accordance with the relevant national legal system!
)he scope of the right of access to information as well as the grounds for refusal should be
sub2ect to review by the .uropean +ourt of -ustice in a properly brought case!
6n December A, *///, the Nice Summit of the .uropean Union adopted the Charter of
0unda"ental Rights of the European Union ! #rticle 5A of the +harter concerns environmental
protection! Unlike many provisions of the +harter, including the right to health, the article is not
framed in terms of rights of persons within the .uropean Union or of duties of member states!
"nstead, it provides that D# high level of environmental protection and the improvement of the
quality of the environment must be integrated into the policies of the Union and ensured in
accordance with the principle of sustainable development!D
&) -reat 4or the Esta/,ishment o4 the East .4ri'an Communit) #rticle 111 proclaims that
Da clean and healthy environment is a prerequisite for sustainable development!D
&) Non-&inding *nstruments
1! )he =orld Bealth 6rgani1ationHs European Charter on the Environ"ent and Health 955:
states that Devery individual is entitled to information and consultation on the state of the
environment!D
*! )he states participating in the Belsinki process have confirmed the right of individuals,
groups, and organi1ations to obtain, publish and distribute information on environmental issues!
95$:
5! )he Bangkok #eclaration , adopted 1> 6ctober 1''/, 95%: affirms similar rights in #sia and
the Pacific!
$! )he $ra% #eclaration on Environ"ent and #evelop"ent and 0uture Perspectives of
September 1''1 95>: speaks of the right of individuals and nongovernmental organi1ations to
acquire information about environmental issues relevant to them!
%! 4oint Co""uni?ue and #eclaration on the Esta%lish"ent of the $rctic Council , 6ttawa,
September 1', 1''>, 5% "!;!@!15<*4, in its Preamble and #rticles 13a4, *, 53c4 provides brought
rights of participation to indigenous communities of the circumpolar region!
91: #&+6N7! 1%1&*>!
9*: .mu) ''10A$ at 5<!
95: 6p! cit, at %'!
9$: 51 "!;!@! <$' 31''*4!
9%: .mu) ''*05%!
9>: .mu) ''*0$*!
9A: .@u), ''$0A>!
9<: See also articles 153143b4, 1$3*4, 1' and *%!
9': Cienna, Sept! %, 1''A, .mu) ''A0>A!
91/: .@u), ''<0*>!
911: 5' "!;!@!1/*A!
91*: $/ "!;!@! %5* 3*//14!
915: .mu) ''101%!
91$: .mu), ''10<$&D!
91%: .mu) ''10<5!
91>: Protocol for the "mplementation of the #lpine +onvention in the 7ield of )own and +ountry
Planning and Sustainable Development, +hambery, Dec! */, 1''$, #rt! 1%, .mu) ''10<5&FE
Protocol for the "mplementation of the #lpine +onvention in the 7ield of @ountain #griculture,
#rt! 1<, +hambery, Dec! */, 1''$, .mu) ''10<5&+E Protocol for the "mplementation of the
#lpine +onvention in the 7ield of Nature Protection and ;andscape +onservation, #rt! *1,
+hambery, Dec! */, 1''$, .mu) ''10<5&DE Protocol for the "mplementation of the #lpine
+onvention in the 7ield of Soil Protection, #rt! **, Fled, 6ct! 1>, 1''<, .mu) ''10<5&7E
Protocol for the "mplementation of the #lpine +onvention in the 7ield of .nergy, #rt! 1>, Fled,
6ct! 1>, 1''<, .mu) ''10<5&(E Protocol for the "mplementation of the #lpine +onvention in the
7ield of )ourism, #rt! *5, Fled, 6ct! 1>, 1''<, .mu) ''10<5&BE Protocol for the "mplementation
of the #lpine +onvention in the 7ield of )ransport, #rt! 1', ;ausanne, 6ct! 51, *///, .mu)
''10<5&"!
91A: .mu) ''*0*/!
91<: .mu) ''*0**!
91': .@u), ''*0*<!
9*/: 5* "!;!@! 11/1 31''54
9*1: .@u), 1''*0A1!
9**: .@u), ''501'!
9*5: .@u), ''50><!
9*$: .@u), ''$0$'
9*%: .@u), 'A>015&(!
9*>: .@u), 'A>015&7
9*A: .mu) ''*0*/&#!
9*<: +ouncil of .urope .!)!S! No! 1A*!
9*': 6#S )!S! >'!
95/: 5% "!;!@! >%1 31''>4!
951: +ouncil Directive <%&55A&..+ of -une *A, 1'<%, 6!-! ; 1A%&$'/!
95*: +ouncil Directive '/&515&..+, 6!-! 1''/ ; 1%<!
955: #dopted on Dec! <, 1'<' by the 7irst +onference of @inisters of the .nvironment and of
Bealth of the member States of the .uropean ,egion of the =orld Bealth 6rgani1ation!
95$: +onference on Security and +ooperation in .urope, Sofia @eeting on Protection of the
.nvironment 36ct! Nov! 1'<'4, +S+.&S.@!5>, Nov! *, 1'<'!
95%: @inisterial Declaration on .nvironmentally Sound and Sustainable Development in #sia
and the Pacific, #&+6N7!1%1&P+&5<! Paragraph *A affirms #the right of individuals and non
governmental organi1ations to be informed of environmental problems relevant to them, to have
the necessary access to information, and to participate in the formulation and implementation of
decisions likely to affect their environment!
95>: #dopted by the #rab @inisterial +onference on .nvironment and Development in +airo,
#&$>&>5*, cited in U!N! Doc! .&+N!$&Sub!*&1''*&A, */!

EN5*RON+EN-.3 3.6
Contents
*ntrodu'tion
=hy do we need to protect the
environmentI
=hat is sustainable developmentI
=hich laws are relevant to the
environmentI
-he Constitution
)he environmental right Section *$
=hat do the words Hhealth and well
beingH meanI
=ho can you enforce your
environmental rights againstI
6as to reso,ve environmenta, disputes
So,ving environment disputes 0ithout
going to 'ourt
Public participation
)he Promotion of #dministrative -ustice
#ct
.nvironmental campaigns
)rade unions
;obbying government
So,ving environmenta, disputes in the
'ourts
;egal standing to bring a matter before the
Other rights re,evant to the
environment
)he ,ight to .quality
)he ,ight of #ccess to "nformation
)he ,ight to -ust #dministrative #ction
-he Common 3a0
)he ;aw of Delict
Bow does this help you with an
environmental issueI
)he ;aw of Nuisance
)he ;aw of Neighbours
3a0s made / nationa,# provin'ia, and
,o'a, government
7ramework environmental laws
National .nvironmental @anagement #ct
3No 1/A of 1''<4 3N.@#4
=hat are the N.@# principlesI
Bow does N.@# protect the
environmentI
#dmnistration and enforcement
=hen can you use N.@# to make a
complaintI
=hat does N.@# allow you to complain
aboutI
=hat action can you take under N.@#I
+onciliation under N.@#
.nvironment +onservation #ct 3No A5 of
1'<'4
Se'tora, ,a0s re,ating to the
Environment
National .nvironmental @anagement0 #ir
Juality #ct 3No 5' /f *//$4 3#J#4
Bow does the #J# regulate air qualityI
)ypes of air pollutants that are regulated
by the #J#
National =ater #ct 3No 5> of 1''<4
court
)ypes of legal remedies
Statutory remedies
)he interdict
#ppeal and review
Delictual +laim
C,imate 'hange
Pro/,ems
Problem 10 @aking complaints about
environmental problems
Problem *0 #ppealing against government
environment decisions
Problem 50 +omplaining to the Director
(eneral
Problem $0 #pplying for conciliation or
arbitration
Problem %0 Barm to the environment0
=orkers can refuse to do work that harms
the environment
,eporting activities that harm the
environment
Che'(,ist
Fest action to take when dealing with
environmental issues
Se'tora, ,a0s
;anduse planning and development
Natural resources
Pollution control and waste management
"n the workplace
-he /asi's o4 environmenta, ,a0
Parts of this chapter have been substantially adapted from .nvironmental ;aw in South #frica by
Prof! -an (la1ewski!
+ertain information has also been taken from .nvironmental ;aws of South #frica by P! =! (!
Benderson!
)he +onstitution says that ever(one has the right to a safe and health( environ"ent, =hat is the
environmentI "t is a very broad concept and is generally understood to mean the surroundings
within which we live, including the land, water and atmosphere of the earthE plants and animalsE
the relationships between these natural resources and animals, and the conditions that influence
peopleKs health and wellbeing!
6h do 0e need to prote't the environment7
)he quality of our environment affects all of us no matter where we live! =hen people abuse the
environment, this affects us all! "f water is polluted, if the air is full of smoke and chemicals, if
food contains poisons, people 3and plants and animals4 are harmed! @any of the natural
resources that we use or consume every day, such as water, wood, minerals and fish, will soon
run out if we do not limit the rate at which we use them! #ll people have a responsibility to
protect and use the environment so as to ensure that it will be protected for ourselves as well as
future generations!
@any people believe that human needs are more important than the environment and believe that
our ma2or aim should be promoting economic growth and creating 2obs while the green
3environmental4 agenda should take second place! Some people feel hurt or insulted when others
show concern over endangered species like rhinoceros when children do not have enough to eat!
Bowever, the environment is really the whole planet on which we live! .verything 3winds, trees,
animals, insects, people, etc4 forms part of the living system of earth! Fecause the earth has been
so badly e8ploited and not protected, this has created changes in weather patterns there are
more droughts and more floods, good farm land is turning into desert, temperatures are rising
and most importantly, the o1one layer that should protect us from the dangerous rays of the sun
has been damaged and is not functioning as effectively as it did before! #ll of this impacts on
how people live and is the reason why the concept of sustaina%le develop"ent is %eco"ing "ore
and "ore i"portant,
6hat is sustaina/,e deve,opment7
Sustainable development refers to development that can continue on an ongoing basis because it
does not do irreversible harm to the environment! Development like this should balance social,
economic and environmental concerns! )his is not easy because these three concerns often
compete with each other! 7or e8ample, a sustainable forestry industry should allow a certain
number of trees to be cut down and be used by people, but at the same time make sure that
enough trees are left to be cut down and used in the future! )his could be achieved by cutting
down some of the trees and also planting new trees to replace those harvested, so that there will
be trees in the years ahead! "t is clear that sustainable development is an international issue!
South #frica has signed and ratified certain important international agreements that aim to
protect the environment!
6hi'h ,a0s are re,evant to the environment7
)here are three categories of law in South #frica that affect the relationship of people with the
environment0
L the Constitution which protects various human rights, including our right to en2oy and
have access to the environmentE
L the Co""on *aw
1 regulates how people interact with each other in the conte8t of the environment, and
* protects our use and en2oyment of our own property, for e8ample, but limits it in certain
ways so that this use and en2oyment does not interfere with the rights of other peopleE
L national3 provincial and "unicipal laws 3legislation4
5 some laws are like a framework because they apply across all aspects of the environment,
$ other laws are sectoral in nature as they only apply to certain aspects of the environment
such as fresh water, the marine environment, forests or mineral resources, etc!
"t is very important to understand that the different areas of law dealt with in this chapter do not
work in isolation from each other! "n other words, all of the law that we talk about works
together! )herefore, the +onstitution, the common law and legislation work together like a web
of rules, which you can use to determine the rights that people en2oy and how best to protect
those rights! 7or e8ample, if a community is e8periencing problems with smoke pollution, you
may find that they are protected by the +onstitution, the common law and by legislation all at the
same time!
)hese three categories of law are discussed in more detail below! #t the end of this chapter we
will consider which strategies individuals and communities can use to protect their
environ"ental rights,
-he Constitution
)he +onstitution contains a number of sections that are relevant to the environment!
-he environmenta, right - Se'tion !4
.veryone has the right to0
L an environment which is not harmful to their health or wellbeing
L have the environment protected for the benefit of present and future generations through
reasonable legislative and other measures that0
prevent pollution and ecological degradation
promote conservation
secure ecologically sustainable development and use of natural resources, while
promoting 2ustifiable economic and social development!
Section *$ therefore places a duty on all spheres of government to take reasonable steps,
including to make laws, prevent pollution, promote conservation and ensure sustainable
development!
6hat do the 0ords 8hea,th and 0e,,-/eing9 mean7
)he meaning of these words is not entirely clear so it will be up to the courts to decide on their
e8act meaning in the future! "t seems that Dhealth and wellbeingD include the following0
L Protection from pollution in the air, water, food or soil! )his includes protection from
dangers in the workplace, and from less obvious dangers to health such as e8cessive noise!
L Protection of our wellbeing covers both physical and mental wellbeing! )his would
include protection from nuisances and invasions of privacy and dignity! )he .uropean +ourt
of Buman ,ights recently ruled that a bad smell from a tannery that offended neighbouring
residents was a violation of their right to privacy! "n our law this would probably qualify as a
violation of the right to wellbeing! )he .astern +ape Bigh +ourt was required to consider a
case in which the applicant argued that the production of hydrogen sulphide 3which smells
like rotten eggs4 by a tannery, was causing pollution in the neighbouring area! )he +ourt held
that to be forced to work in an Menvironment of stenchK was contrary to oneKs wellbeing!
)herefore, we can say that something affects our wellbeing if it affects our ability to en2oy
our life!
6ho 'an ou en4or'e our environmenta, rights against7
)here has been much debate about the application of environmental rights! "t is quite clear that
these rights apply between the state and private persons! Bowever, the question is whether the
right applies between two private persons! "t seems that the courts have accepted that
environmental rights can apply between private persons,
See Section <0 #pplication of the Fill of ,ights!
Other rights re,evant to the environment
)he +onstitution recognises the general need to improve the quality of life of all persons! +ertain
constitutional rights can be used to support reasonable environmental demands! Bowever, it
should also be noted that there may be tension between the environmental right and other rights
in the Fill of ,ights! )hese include0
L )he right to life 3Section 114
L )he right to human dignity 3Section 1/4
L )he right to privacy 3Section 1$4
L +ertain socioeconomic rights
% the right of access to adequate housing 3Section *>4E
> the right of access to sufficient food and water 3Section *A4E
A the right of access to health care services 3Section *A4E
< the rights of children to basic nutrition and shelter, and to be protected from maltreatment,
neglect, abuse or degradation 3Section *<4!
See Section *>0 ,ight of access to housing, Section *A0 ,ight of access to health care, food,
water and social security,
EXAMPLE
$enera, rights re,ating to the environment
A community residing in an informal settlement is living with no
running water, refuse removal and sanitation. The bucket toilet system
is used, which is a constant health risk to the environment and
community. Which rights are potentially affected in this case?
The lack of water or sanitation in the informal settlement could pose a
threat to the health of the residents. The failure of the local authority
to provide toilets, water, sanitation, adequate housing and refuse
removal potentially violates a number of constitutional rights,
including:
L the health of the residents
L the wellbeing of the residents
L the right of access to adequate housing
L the right of access to water
L the rights of the children to be protected from degradation
L the right to life, due to the potential for the outbreak of a
disease like cholera
L the rights to privacy and dignity, due to the lack of toilets
What can the residents do?
The !onstitution places a duty on all spheres of government to take
reasonable steps, including making laws and policies, to provide
access to basic health care, food and running water. "f the residents
felt that the government had not taken reasonable steps to provide
access to water, sanitation and housing, they would be able to
approach a court, which would be required to decide whether the
steps taken by government to realise these rights were reasonable.
#trategies the residents can take are suggested in: =ays to resolve
environmental disputes.
-he Right to E:ua,it - Se'tion 1
)he right to equality and nondiscrimination is important for people working on environmental
issues! #n indirect form of discrimination was recognised in the United States of #merica where
it was found that most ha1ardous or polluting industries are built in poor or black
neighbourhoods! )hese areas then bear an unequal share of the environmental problems from
these industries, as a result of their harmful effects on the health and safety of residents! )his
practice has been called environmental discrimination or environmental racism! @any decisions
about the use of land taken in South #frica during apartheid can also be criticised as
environmental discrimination!
)he opposite of environmental discrimination can be called environ"ental >ustice,
.nvironmental 2ustice requires that0
L the benefits we derive from the environment are shared equally among all people,
L negative aspects, such as rubbish dumps or power stations, are shared amongst all
communities!
EXAMPLE
A local municipality requires rubbish collection to take place only twice
a month in a local township because the township is far from the main
town centre. The wealthy neighbourhood, which is close to town, has
rubbish collections once a week. This is a clear case of inequality on
the part of the municipality.
-he Right o4 .''ess to *n4ormation - se'tion ;!
Section 5* of the +onstitution guarantees every person the right of access to any information
held by the state and any information that is held by another person that is required for the
protection of any rights! )he right to information is important for environmental issues! =ithout
access to the proper information people do not know what action is being planned or the
procedures that will be followed! "t is not possible to participate properly in public debates if the
public does not have relevant information! 7or e8ample, the public has the right to know in
advance about possible plans for the building of a new railway line or factory in their
neighbourhood and they have the right to inform decisionmakers if they are against the building
of these structures!
)he Promotion of #ccess to "nformation #ct 3No * of *///4 3P#"#4 was passed to give effect to
section 5*, and sets out detailed procedures which must be followed in order to obtain access to
information!
EXAMPLE
$eople in your community own land ne%t to the sea. They find out that
a developer has applied to local government for permission to build a
steel mill in the area in which they live. Although they have tried to
get information about the proposed development from the developer
they have not been successful. &embers of the community are
concerned that the development of the steel mill could cause pollution
and other environmental problems. They need this information in
order to participate fully and effectively in the public consultative
process that is to follow.
EXAMPLE 2
A large factory is established ne%t to your community. &any people
get sick and you suspect that it is caused by fumes being emitted from
the factory. The company refuses to tell the community what
substances are being produced by the factory. $eople need this
information in order to be able to lodge a complaint with the relevant
authority.
)he community can demand this information from the developer or factory as well as from any
government department or local authority which has access to the relevant information! )he best
way to protect this right of access to information is to make an application to the court for an
order telling the developer or factory to provide the community with the information that it
needs!
Fefore a community takes any action it will have to establish that a constitutional right 3such as
the environmental right4 has been infringed! Secondly, it will have to prove that it needs the
information to protect this right! )hirdly, the community will need to comply with the procedures
set out in P#"#! # number of environmental nongovernmental organisations have relied on this
right to obtain access to information, for e8ample, concerning genetically modified organisms!
-he Right to Just .dministrative .'tion - Se'tion ;;
#dministrative action refers to decisions made by the state and representatives of the state!
.nvironmental conflicts often arise as a result of the incorrect or unfair use of administrative
decisionmaking powers! "n terms of section 550
L everyone has the right to administrative action that is lawful, reasonable and procedurally
fair Section 55314
L everyone whose rights have been adversely affected by administrative action has the right
to be given written reasons for the decision Section 553*4
)he (overnment has passed the Promotion of #dministrative -ustice #ct 3No * of *///4 3P#-#4
which sets out what administrative action is, the actions that would amount to procedurally fair
administrative action, the grounds on which administrative action can be challenged, the
remedies available, the procedures that must be followed to obtain written reasons and the relief
that a court can grant a person who is asking for the review of a decision!
See =hat are the requirements of lawfulness, procedural fairness and reasonablenessI
EXAMPLE
!ertain people in your community live in an informal settlement near
the coast which is close to an e%pensive coastal holiday resort where
people from the city own holiday houses. A chemical company has
been granted permission by the local authority to set up a chemical
production plant very close to the informal settlement.
"t is likely that this chemical plant will harm the environment as well
as the health of the people in the community. These people want to
find out how the chemical company got permission to set up the
production plant, and what other action the chemical company may be
thinking of taking. They have formally requested the local authority to
provide them with information about the new chemical production
plant so that they can use the information to comment on whether
they think the permission for the plant should have been granted or
not. The local authority is a part of government. Therefore, any
decision that it makes is an administrative decision.
6hat 'an the 'ommunit mem/ers do7
L They can use $A'A to get written reasons from the local
authority for its decision to allow the erection of the chemical
production plant.
L They can use the $A'A to challenge the procedural fairness of
the municipality(s decision as their rights are affected by the
decision and they were not consulted prior to it being made.
L They can use the $A'A to challenge the reasonableness of the
decision. )ere the court would consider all of the surrounding
circumstances to see whether the decision was suitable, necessary
and proportionate.
Other rights that are potentially affected in this example
include the right to equality if the nearby *wealthy+ resort has not
been negatively affected in the same way as the informal settlement,
and the right of access to information because the community,s
request for information about the chemical production plant has been
ignored.
-he Common 3a0
)he common law is relevant in dealing with environmental issues through the ;aw of Delict, the
;aw of Nuisance and the ;aw of Neighbours! )he common law rules of delict, nuisance and
neighbour law can be used to protect peopleKs environmental rights relating to noise pollution, air
pollution and water pollution!
-he 3a0 o4 2e,i't
)he common law of delict allows you to claim compensation from someone who does something
that causes you harm! Provided that certain requirements are met 3listed below4, such an action is
called a delict! 7or e8ample, if a person drives their car negligently and collides with the car of
another person, the owner of the damaged car could sue the driver who negligently or
intentionally caused the crash and could claim the cost of repairing the damage to the car as well
as compensation for any of his or her in2uries! )his claim would be made under the common law
of delict!
7or a delictual claim to succeed the person making the claim 3the claimant4 must prove that0
L the action of the other person was wrongful because it caused harm to the claimant or
their propertyE
L the person performing the action was negligent 3was at fault4 or acted intentionallyE
L the claimant suffered loss which can be given a monetary value 3such losses are called
damages4E
the monetary loss 3damages4 was suffered as a result of the action of the negligent person 3the
action of the negligent person caused the monetary loss4!
Ho0 does this he,p ou 0ith an environmenta, issue7
?ou can sue a person in court for loss caused to you by the wrongful actions of that person and
claim compensation for this loss! )his will have to be done through an attorney who will prepare
the case and take it to the court!
See =ays to resolve environmental disputes!
EXAMPLE
-ric owns a smallholding with a few animals. )e makes a small living
from his animals. The smallholding borders on a national road. A
truck carrying fertiliser goes out of control, leaves the national road
and overturns on -ric,s land spilling the load of fertiliser into the small
dam on his property. As a result the water in the dam is contaminated
or polluted. -ric,s animals drink from this dam. -ric is not at home to
stop his animals drinking the water and as a result they become sick
and die. !an -ric claim compensation from the owner of the fertiliser
company?
The general rule of delict says that -ric can claim compensation from
someone who has done him harm, but he will have to show that all of
the elements of delict are present. This means that he will have to
show that:
L the action of the driver in spilling the fertiliser into his dam was
wrongful.
L the driver, and therefore the company, was negligent.
L the accident caused the damage *in other words, the spilling of
the fertiliser polluted the dam, resulting in the death of the
animals+.
L as a result of the negligent action of the driver he suffered a
quantifiable monetary loss.
-he 3a0 o4 Nuisan'e
)he most important aspect of the law of nuisance in regard to environmental rights is the law of
private nuisance which recognises the right of an owner of land to en2oy his or her land in
physical comfort, convenience and wellbeing without unreasonable interference from others!
People do have to endure a certain amount of interference with their right to en2oy their land for
e8ample, smoke blowing across or noise generated by another person, as long as this interference
is not unreasonable! "f the interference is unreasonable then a landowner can take legal action to
protect his or her right to en2oy his or her land!
EXAMPLE
/ethuel lives in a small town ne%t to a disused quarry. The local
authority uses the quarry to dump all of the household waste that is
collected from residents. /ethuel has become sick as a result of living
so close to the waste and has started to develop bad skin ailments.
What action can he take?
What rights are affected?
L /ethuel has a right to an environment not harmful to his health
and wellbeing.
L The common law of nuisance gives him the right to en0oy his
land without his en0oyment being unreasonably infringed.
"n this case it would be possible to argue that the municipality(s action
in setting up the waste disposal site infringes his environmental right
and constitutes a nuisance as it unreasonably infringes upon his right
to en0oy his property in physical comfort, convenience and wellbeing.
)he person suffering the nuisance can apply to the court for 3a4 an interdict to stop the person
who is causing the nuisance from continuing with the conduct, and 3b4 damages 3monetary
compensation4 where the conduct has resulted in financial loss! )he claim can be made against
the owner of the property! Bowever, a landowner is not responsible for the nuisance caused by
his tenant unless he authorised the nuisance!
-he 3a0 o4 Neigh/ours
"t is a general rule of our law that a landowner may not use his or her property in a way that
causes harm to another person! )his means that a landownerHs right to use the property is limited
and there is an obligation on him or her not to act in a way that will infringe the rights of a
neighbour! )he test of whether the landownerHs use of his or her property fails to comply with
this obligation is one of reasonableness and fairness! )his principle of reasonableness is relevant
to all forms of polluting activities!
EXAMPLE
1errick lives on a cattle farm in a quiet rural area. )is neighbour has
set up a device to scare baboons away from his kitchen vegetable
garden, which makes e%plosive noises at regular intervals during the
day and night. 1errick(s family cannot sleep because of the noise, and
his cattle have become restless and uncontrollable. What can he do?
What rights are affected?
"t is possible to see the interaction of the three branches of law that
have been discussed so far:
L The !onstitution *#ection 23+ gives 1errick the right to an
environment that is not harmful to his health or wellbeing . This
right is being infringed by noise pollution.
L The 4aw of 5uisance says that 1errick has the right to en0oy his
land without his en0oyment being unreasonably infringed by
another person.
L The 4aw of 5eighbours says that 1errick is entitled to require his
neighbour not to use his property *the neighbour(s+ in a way that
will infringe upon 1errick(s legally protected rights.
"n this case it would be possible to argue that:
L 5eighbour 4aw gives 1errick the right to have his neighbour not
cause a greater noise than is reasonable for the carrying out of the
neighbour(s economic activities.
L the interest which the neighbour is trying to protect *growing a
vegetable garden+ is very limited.
L the method used is not in proportion to the disturbance created
by the e%plosive device.
L consequently, the neighbour(s use of his property is not
reasonable or fair to 1errick.
3a0s made / nationa,# provin'ia, and ,o'a, government
;aws made by national, provincial and local governments add to the rights and responsibilities
that are part of the +onstitution and the common law! )hese laws, also called legislation, must
comply with the +onstitution but they can amend 3change4 the common law!
.nvironmental laws made by the government set out the rights and responsibilities of people
relating to three overarching areas, namely0 landuse managementE pollution control and waste
management controlE and natural resources! .nvironmental laws therefore regulate various
activities, including who can build, what can be built, and where can they buildE who can fish or
mine, cut trees and shoot animals, as well as where and when this can happen!
)hese laws contain a number of rules! #nyone who fails to comply with these rules could be
punished through imprisonment and&or a fine!
)here are two broad types of laws! 7irstly, there are framework laws which regulate all
environmental concerns and should be taken into account when dealing with any environmental
issue! Secondly, there are sectoral laws which deal with things like landuse managementE
pollution control and waste management, or nature conservation! So, for e8ample, if you are
dealing with a waste site which is polluting the water in the area of your community, you will
need to consider both framework laws and the sectoral laws that are relevant to land and water
pollution!
<rame0or( environmenta, ,a0s
)here are two laws that deal with the environment generally0
L National .nvironmental @anagement #ct 3No 1/A of 1''<4 3N.@#4
L .nvironmental +onservation #ct 3No A5 of 1'<'4
)wo other framework laws, the Promotion of #dministrative -ustice #ct and the Promotion of
#ccess to "nformation #ct, are not concerned specifically with the environment, but they give
content to environmental rights and issues! )hese laws should be considered when dealing with
all environmental issues!
Nationa, Environmenta, +anagement .'t =No 1"> o4 111?@ =NE+.@
N.@# is relevant to the regulation of all three of the environmental areas referred to, namely
landuse planning and development, natural resources and pollution control and waste
management!
)he ob2ect of N.@# is to provide a framework for cooperative environmental governance
3making sure that the government authorities coordinate their efforts to manage the
environment4 and aims to achieve this by establishing0
L procedures for state decisionmaking and functions which impact on the environment,
and
L state institutions which coordinate these decisions and functions!
'hat are the NE&$ principlesI
N.@# sets out a range of national environmental management principles, some of which are set
out below! )he actions of all state institutions that Mmay significantly affect the environmentK
must comply with these principles! )hese state institutions would include national, provincial
and local government as well as state institutions like .skom! )he importance of these principles
has been recognised by South #frican courts and include0
L environmental management must put people and their needs first
L development must be socially, environmentally and economically sustainable
L there should be equal access to environmental resources, benefits and services to meet
basic human needs
L government should promote public participation when making decisions about the
environment
L communities must be given environmental education
L workers have the right to refuse to do work that is harmful to their health or to the
environment
L decisions must be taken in an open and transparent manner and there must be access to
information
L the costs of remedying pollution, environmental degradation and negative impacts on
health must be paid for by those responsible for such pollution, degradation and health
impacts 3the Mpolluter paysK principle4
L the role of youth and women in environmental management must be recognised
L the environment is held in trust by the state for the benefit of all South #fricans
L the utmost caution should be used when permission for new developments is granted
How does NE&$ protect the environ"ent@
N.@# provides a range of tools aimed specifically at protecting the environment! )hese include
the following0
L "ntegrated environmental management N.@# regulates the system of environmenta,
impa't assessments =E*.@! )he (overnment has passed a number of ."# regulations in
terms of N.@# which set out the ."# processes and requirements! )hese require that the
potential impact on the environment of certain listed activities must be considered, assessed
and reported on to the relevant authorities! )here are two lists of activities! 6ne list sets out
activities for which a full environmental impact assessment is required before such activities
can be carried outE while the other list sets out activities for which only a basic environmental
assessment is required before the activities may be carried out!
L Duty of care to protect the environment people whose activities cause significant
pollution or degradation 3spoiling4 of the environment must take reasonable steps to prevent
the pollution or degradation from happening, or to prevent such pollution or degradation
from continuing! "f the activity is authorised by law or cannot reasonably be avoided or
stopped, N.@# requires that the responsible person take steps to minimise 3lessen4 and
remedy the pollution or degradation!
L =orker protection workers can refuse to do environmentally ha1ardous work!
L .mergency situations N.@# sets out detailed procedures that must be followed by
people in the case of an emergency incident occurring which will impact on the environment!
L Protection of whistleblowers people who disclose information of an environmental risk
3whistleblowers4 are protected!
L Private prosecution people can prosecute others if it is in the public interest or in the
interests of protecting the environment where the state fails to do so!
L +ontrolling the use of vehicles in the coastal 1one the 6ff,oad Cehicle ,egulations
36,C ,egulations4 regulate the use of vehicles on the shoreline and the establishment of boat
launching facilities!
$d"inistration and enforce"ent
N.@# provides for the enforcement of provisions of certain environmental #cts and allows the
@inister of =ater and .nvironmental #ffairs or the @.+ of the provincial department
responsible for environmental affairs to appoint .nvironmental @anagement "nspectors to
implement this function!
'hen can (ou use NE&$ to "ake a co"plaint@
N.@# says you can take legal action to enforce any environmental law or a principle of N.@#0
L to protect your own interest
L to protect someone elseHs interests who cannot do so
L on behalf of a group of people whose interests are affected
L if the legal action is in the public interest
L if the legal action is in the interests of protecting the environment
'hat does NE&$ allow (ou to co"plain a%out@
# person can make a complaint or take legal action under N.@# if0
L someone, including the government, has broken an environmental law, including N.@#
L the government has not complied with a principle of N.@#
L the government has given permission for an activity or development that affects the
environment, without properly checking how it could affect the environment and people
L someone, including the government, has caused serious pollution or damage to the
environment
L a person has been punished for refusing to do work that might harm the environment, or
for reporting someone who is harming the environment
L a ma2or accident 3emergency incident4 that threatens the public or the environment has
taken place and there has not been a proper report about it nor has there been a cleanup
operation
L the state has not prosecuted a person for breaking an environmental law and you believe
that he&she might be guilty!
EXAMPLE
An e%plosion releases a cloud of poisonous gas. 6esidents are warned
on the radio to go indoors and shut their windows, and asthmatics are
told to seek urgent medical treatment. $eople are told what kind of
gas it is. The health department and municipal emergency services are
told how to treat people who get sick from the gas.
5-&A requires the company that caused this incident to:
L minimise *reduce+ the risk and to clean up the mess
L find out how the incident has affected public health
L send a report to government within 73 days of the accident
which deals with:
the nature and causes of the incident
substances released and how they could affect human
health and the environment
what was done to prevent this from happening again
"f the company does not take these steps, action can be taken to
protect the environment and public health.
'hat action can (ou take under NE&$@
?ou can take action under N.@# not only when someone breaks the law, but also when
someone has a duty to do something and does nothing! 7or e8ample, the government has a duty
to stop people from polluting rivers! "f government does nothing to stop the pollution, you can
take action to compel government to fulfil its duty! )herefore, if you feel that the government or
any person has violated, or is violating, an environmental law, including N.@#, you can0
L go to the police and lay a criminal chargeE
L approach government regarding the appointment of a facilitator so that the issue can be
referred to conciliationE
L ask the Director(eneral to investigateE 3See +omplaining to the Director (eneral!4
L refuse to work if it could cause environmental damageE
L alert people to an environmental risk by Mwhistle blowingKE
L react to emergency incidentsI,
L approach the public protectorE
L approach the human rights commissionE or
L approach a court for an order0
to stop the person or government from breaking the law,
to compel government to stop the person from breaking the law, or
that the responsible person do a cleanup of the pollution if they havenHt done this
when they should have!
Conciliation under NE&$
N.@# allows a person to request government to appoint a facilitator in order to facilitate
meetings of interested and affected parties, with the intention of reaching agreement on referring
a disagreement to conciliation!
Environment Conservation .'t =No >; o4 11?1@
)he .nvironment +onservation #ct is another law that relates generally to the environment! )his
#ct has largely been replaced by N.@# and only a few relevant sections still remain! )hese
sections relate to0
L limited development areasE and
L regulations regarding noise, vibration and shock
Se'tora, ,a0s re,ating to the environment
+ertain environmental laws apply to specific environmental areas in the overarching categories
of landuse planning and development, natural resources and pollution control and waste
management!
=hen dealing with an environmental issue falling into one of these three categories, you must
consider both the sectoral legislation relevant to the issue and the framework legislation!
)herefore, if you were looking for laws relating to the development of a steel mill, you would
look under landuse planning and development because the law relating to planning would be
important! 6n the other hand if you needed information regarding how to apply for a commercial
fishing permit or commercial forestry permit, you would look at the laws dealing with natural
resources because fish and forests are natural resources and there are specific laws that deal with
the allocation of fishing and forestry quotas and licences! ?ou may also need to consider
framework legislation such as the ."# provisions contained in N.@#! 9deleteII: "f your quota
or licence application was refused you could consider using the Promotion of #dministrative
-ustice #ct to obtain reasons for the decision or to challenge the decision!
)wo sectoral laws are set out briefly here, namely the National .nvironmental @anagement0 #ir
Juality #ct 3No 5' of *//$4 and the National =ater #ct 3No 5> of 1''<4!
Nationa, Environmenta, +anagement% .ir Aua,it .'t =No ;1 o4 !""4@
)he #ir Juality #ct 3#J#4 came into effect on 11 September *//%! Bowever, certain important
sections have not yet come into operation! )he ob2ect of the #ct is to improve air quality and
prevent air pollution through a number of measures, including setting standards for monitoring,
managing and controlling air quality, and establishing fines and penalties for people who do not
comply with the #ct!
)he #J# requires the establishment of a national framework for achieving the ob2ect of the #ct
and the adoption of national, provincial and local standards for ambient air quality! #mbient air
refers to outdoor air and so e8cludes indoor air! "mportantly, the #J# makes the management of
air quality the responsibility of local government through air quality management plans,
pollution prevention plans, bylaws and other policies!
How does the $A$ regulate air ?ualit(@
)he #J# aims to regulate air through providing for0
L the establishment of a national framework for air qualityE
L the monitoring of ambient air quality and emissions at the national, provincial and local
levelsE
L the collection and management of air quality dataE
L provincial environmental implementation or management plansE
L local air quality management plans and bylawsE
L the control of certain polluting fuelsE
L the control of certain fuelburning appliancesE
L the control of dust, noise and offensive odoursE and
L a licensing system for certain fuels, appliances and activities!
.8ample
+ape )ownKs #ir Juality @anagement Unit is part of the +ityKs Bealth Directorate and works in
partnership with =ater Services and .nvironmental ,esource @anagement! )he +ityKs #ir
Juality @anagement Unit has developed an #ir Juality @anagement Plan 3#J@P4 in terms of
the #ir Juality #ct! )he ob2ectives of the #J@P include to0
L formulate an air quality management system for the +ity of +ape )ownE
L specify ambient air quality standards and targets for +ape )ownE
L monitor pollutants which cause brown ha1e and affect peoplesK healthE
L improve air quality in informal areasE
L enforce current and future legislation for air quality managementE
L compile a comprehensive emissions database for the +ity of +ape )ownE
L control emissions from vehicles in the +ityE
L consider air quality in land use and transport planningE
L establish the negative effects of air pollution on the people who live in +ape )ownE
L establish an education and communication strategy for air quality managementE and
L review the air pollution situation on an ongoing basis and report on progress!
T(pes of air pollutants that are regulated %( the $A$
#ir pollutants include gases and particles that pollute the air! )he #J# requires that limits and
standards be set for the concentrations of these gases and particles! )he following are some of the
most important air pollutants0
L +arbon mono8ide its main source is burning fuel from motor vehicles as well as from
burning wood and industrial processesE
L Sulphur dio8ide coalfired power stations and diesel engines are the main sources of this
gasE
L ;ead lead is found in nonleadfree fuels, paints, batteries and pipesE when it is heated it
becomes a liquid and appears in the air as fine particlesE
L Particulate matter Particulates are the tiny particles in the air, such as soot, dust, smoke,
pollen, ash, aerosols and droplets of liquid! )his can be seen as a white or brown ha1e! Cery
small particulates can be inhaled and cause problems to health! )he sources of particulates
include fuels, diesel engines, wood burning, industrial smokestacks and chimneys!
)he @inister has set national standards for these pollutants! =hile carbon dio8ide is the most
important greenhouse gas, contributing to global warming and climate change, it is not regulated
by the #J#!
3!ourceB Cit( of Cape Town + $ir Aualit(:
Nationa, 6ater .'t =No ;6 o4 111?@
)he National =ater #ct recognises that water is a natural resource that belongs to all people and
appoints the State as public trustee of South #fricaKs water resources! )he National =ater #ct
regulates the way in which people obtain the right to use water and provides for 2ust and
equitable use of water resources! )he main purpose of the #ct is to protect, conserve and manage
water resources in a sustainable and equitable way so as to take account of various factors,
including0
L the basic human needs of present and future generationsE
L the need to protect water resourcesE
L the need to share some water resources with other countriesE and
L the need to promote social and economic development through the use of water!
National government, acting through the @inister and Department of =ater and .nvironmental
#ffairs, is responsible for achieving this main purpose! )he @inister has the final responsibility
of fulfilling certain obligations relating to the use, allocation and protection of water resources!
"t is not possible to deal in detail with all of the sectoral laws! )herefore, all relevant sectoral
legislation has been listed according to the three overarching categories in the checklist at the
end of this chapter! )he checklist can be used to help you find out the laws that will apply in a
particular situation! 6nce it has been established which laws apply, you can then follow the steps
set out in the section on =ays to resolve environmental disputes!
6as to reso,ve environmenta, disputes
"t is important to note that there are two ways to resolve environmental disputes0 using the courts
and the formal legal channels or using alternative MnonlegalK methods such as public campaigns
or petitions! "t may be appropriate to use both ways in specific situations!
=hen deciding what action to take to solve an environmental dispute, it is important to first
determine what rights have been infringed! 6nce you have done this you will be able to consider
which action would be most appropriate! Bere is a suggested threestep plan for dealing with an
environmental dispute0
L Step 1
.stablish which rights are infringed
L Step !
=ork out what you want to do to address the infringement 3for e8ample, use the courts, hold
a public demonstration or circulate a petition4 N this would probably be informed by the relief
you are seeking as well as by what is provided for in the applicable laws
L Step ;
Decide who to approach for help N this would depend on the relief sought
3See ,esources for useful information on taking steps to deal with environmental issuesE in
particular refer to the website of the Department of .nvironmental #ffairs and )ourism0
www!environment!gov!1a4
So,ving environmenta, disputes 0ithout going to 'ourt
)here are different ways in which environmental disputes can be solved without going to court!
Pu/,i' parti'ipation
+ertain environmental laws provide that certain public participation procedures must be followed
when the relevant authorities make decisions 3such as whether or not to issue permits or licenses4
or make regulations under the law! )hese laws include the N.@#, the #J#, the National
7orests #ct and the @arine ;iving ,esources #ct!
-he Promotion o4 .dministrative Justi'e .'t
)his #ct sets out requirements for procedurally fair administrative action! )hese requirements
range from noticeandcomment type procedures to public hearings! "f the relevant authority fails
to comply with these procedures, their actions could be held to be invalid! 3See ,ight to -ust
#dministrative #ction4! )he public participation procedures provide valuable opportunities for
the public to become involved in the decisions and actions taken under these laws! Bowever,
public participation in these processes may require a fairly high level of e8pertise and awareness
of planning and development procedures! Partnerships with environmental groups and supportive
academics will probably be necessary!
Environmenta, 'ampaigns
.nvironmental issues are increasingly becoming the focus of public campaigns! )hese issues are
often called green issues! Drawing the attention of the government and developers to the facts
may be enough to motivate them to seek better solutions, or be prepared to negotiate! "t is often
best to tackle a problem by appealing for negotiations or mediation with those responsible for the
problem! 6ther action should be considered such as protests, media campaigns and, finally,
possible court action! #pproach local community organisations to add pressure to the campaign
and use local newspapers to publicise something that is happening in the environment!
.nvironmental organisations may be involved in helping to develop government policy,
empowering people to participate in lawmaking or policy processes or public participation
processes, lobbying for environmental changes or actions, taking up peoplesK environmental
rights, taking up environmental or conservation issues caused by e8isting developments, working
on conservation, and so on!
See ,esources for contact details of environmental organisations!
-rade unions
@embers of trade unions can play an active role in environmental issues by taking up issues
relating to workplace health and safety! )rade unions can e8tend their activities beyond
immediate workplace needs to the worker environment in general! )rade unions can take action
against industries that have a bad effect on the environments in which communities live! 7or
e8ample, if a particular industry dumps its poisonous waste products into a river that runs
through a town, this can have serious consequences for people who use the river or children who
play in the river! )he trade union can take this up with the management and threaten to take
action unless management does something about the pollution!
3o//ing government
@any decisions affecting the environment take place at a local level! =hile laws about
environmental issues are made at national, provincial and local level, implementation and
monitoring of the laws is often a local issue! 7or e8ample, it is at local level that settlements are
planned and development decisions regarding industrial, commercial and residential growth are
taken! )he local municipality manages sewage and drainage, waste disposal and so on! So it is at
local level that people need to contribute to environmental decisions and take up issues! "f there
is a particular environmental issue in your area that needs attention, you can approach the local
municipality in your area and point this out to them! "f they donKt take action then you could
approach the relevant department in the provincial govenrment and thereafter, national
government! )he national Department of =ater and .nvironmental #ffairs and provincial
departments dealing with environmental affairs are mainly responsible for environmental
conservation! Bowever, other government departments would be involved if the issue concerns
the provision of safe and healthy environments! ?ou could also lobby parliamentary portfolio
committees!
See ;obbying!
So,ving environmenta, disputes in the 'ourts
)here are various remedies to environmental problems that are available through the legal
system! Bowever, using the courts to solve an environmental problem can be very e8pensive
because of the legal fees involved! 7or this reason going to court should be seen as the last resort
in solving a problem! 6ther MnonlegalK methods should first be e8plored!
3ega, Standing to /ring a matter /e4ore the 'ourt
)he law requires that a person have some personal interest in a matter in order to bring that
matter before the court! )his rule 3called the requirement of locus standi4 has sometimes
prevented people wanting to raise an environmental issue, from approaching the courts because it
was found that they did not have sufficient personal interest in the matter! Bowever, the
+onstitution has broadened the requirement of locus standi and states that in addition to people
acting in their own interest, the following people may approach a court with regard to the
infringement of a personKs rights0
L anyone acting on behalf of another person who cannot act in their own name
L anyone acting as a member of, or in the interest of, a group or class of persons
L anyone acting in the public interest
L an association acting in the interests of its members
)herefore, individuals and Non(overnmental 6rganisations 3N(6s4 are allowed to take action
to protect the environment in the public interest! 6ne person from the group can represent the
interests of the whole group! "f the group does not have sufficient funds to pay the legal costs, it
could approach an N(6 to bring the relevant action!
N.@# also states that a person may approach the court for relief in the case of a breach, or
threatened breach, of N.@# or any other environmental law if it is0
L in that personHs or group of personHs interest
L in the interest of, or on behalf of, a person who is, for practical reasons, unable to institute
such proceedings
L in the interest of or on behalf of a group or class of persons whose interests are affected
L in the public interest and
L in the interest of protecting the environment
N.@# also contains provisions relating to the legal costs associated with taking a matter to
court! "t states that if a person brings a matter to court in the environmental or public interest and
is not successful, if certain requirements are met, the court may decide not to order that person
to pay the costs of the successful party! "n addition, if the relevant person is successful, the court
may decide 3on application by the relevant person4 to grant them certain additional legal costs to
which they would not ordinarily have been entitled4! )hese provisions should assist people who
wish to bring matters to court in the environmental or public interest!
-pes o4 ,ega, remed
!tatutor( Re"edies
)he various laws listed above each provide legal remedies that are specific to the relevant laws!
"n order to use these remedies, you will need to determine which law applies to a personKs
specific needs and, perhaps with the help of an attorney, decide how to use the specific law!
=hen trying to establish which law applies to your clientKs query, you should ask the following
questions0
L =hat do N.@# or the other framework laws sayI 3See 7ramework environmental laws4
L =hat sectoral laws might applyI 7or e8ample, does the query relate to pollution and
waste management, landuse planning and development, natural resources or workersH
environmental rightsI
6nce you have identified the applicable law you must decide what legal remedy you wish to
pursue! )he remedies that follow are useful in the protection of environmental rights!
The )nterdict
)he court can be approached to interdict a person from performing a harmful action, without
going through the process of claiming damages!
See "nterdicts!
)here are three basic requirements for granting an interdict0
L there must be an action which is already occurring or which is threatening 3i!e! is about to
occur4E
L the action must be wrongful this also means that the person asking for the interdict must
have a clear right that is in need of protectionE and
L the person requesting the interdict must have no other remedy available to him or her!
EXAMPLE - O/taining an interdi't
&embers of your community live near a saw mill, which prepares
wood planks for sale to the building trade. 8nce the planks are made
the remaining sawdust and wood chips are burnt. This results in huge
clouds of smoke, which cause serious air pollution in the area.
!hildren living near the saw mill have started to develop serious
asthma symptoms, which the doctor says is caused by the pollution.
The saw mill is causing air pollution, which may be infringing the
community(s *constitutional?+ right to an environment not harmful to
their health or wellbeing. "t is also likely that the requirements of a
specific law are being violated. This factor would strengthen an
application made to court for an interdict to prevent the pollution from
continuing. "t also appears that there is no other remedy available to
the people living near the saw mill.
The community could bring an application for an interdict ordering the
owners of the saw mill to stop the burning process.
$ppeal and Review
Revie0
,eview refers to the courtHs ability to question whether the procedure followed by an organ of
state, in making an administrative decision, was correct! ?ou can approach the court to review an
administrative decision when you feel that correct procedures have not been followed in making
that decision! 7or e8ample, a factory has been built without the people who live near the factory
being given an opportunity to e8press their views on whether or not they want the factory to be
built! Different laws set out different periods within which you must review a decision and you
should abide by these time periods! ?ou will need to consult with an attorney in order to apply
for a review! "t is important that the procedures set out in the P#-# are complied with!
See =hat is a reviewI
.ppea,
#ppeal is another way in which we can challenge the outcome of an administrative
decision!=hile review limits us to testing whether the procedure that was followed in making an
administrative decision was correctly followed, when you appeal against an administrative
decision you are asking the court to look at the reasons why the decision was made! "n other
words, you ask the court to look at the information that was considered by the decisionmaker in
coming to the decision! ?ou can appeal against the outcome of an administrative decision when
you feel that the information available to the decisionmaker should have resulted in a decision
different from the one that was given! Different laws set out different periods within which you
must appeal a decision and you should abide by these time periods! ?ou will need to consult an
attorney in order to lodge an appeal!
See =hat is an appealI
#elictual Clai"
?ou can make a delictual claim when the actions of another person have caused harm to your
property or yourself! )he harm is represented as an amount of money which you claim from the
wrongdoer to compensate you for the harm that you have suffered! ?ou will need to consult with
an attorney to bring a delictual claim before the court!
See ;aw of Delict!
C,imate 'hange
"n recent years, the problem of global climate change has received increasing attention! +limate
change has been caused by a significant increase in global greenhouse gas emissions 3since the
"ndustrial ,evolution4 and has led to various problems including increasing temperatures, rising
sea levels and more e8treme weather conditions including droughts and floods!
"n response, the international community has adopted the United Nations 7ramework +onvention
on +limate +hange 3MUN7+++K4 and the Oyoto Protocol to the UN7+++, which require the
reduction of greenhouse gas emissions by developed countries! Developing countries are not yet
required 3by the international community4 to reduce, or mitigate, their greenhouse gas emissions!
#nother aspect of climate change is adaptation, which will see many 3mainly developing4
countries being forced to adapt to the negative impacts of climate change, including reduced crop
yields caused by droughts!
South #frica has a relatively high level of greenhouse gas emissions, due to the fact that most of
South #fricaKs energy is produced from coal! =hile South #frica is a developing country, and
government supports the position that developed countries should take the lead in responding to
climate change, the South #frican government has acknowledged the urgency in responding to
climate change! Bowever, it is important that any climate changerelated measures that are
implemented do not impact negatively on the poor!
# number of policy papers have been drafted including the "nitial National +ommunication
under the UN7+++ 3in *///4 and the National +limate +hange ,esponse Strategy 3in *//$4!
(overnment also commissioned a study on addressing climate change, the ;ong)erm
@itigation Scenarios 3in *//A4 and has published a draft Second National +ommunication under
the UN7+++ 3in */1/4! @ore recently, government published the National +limate +hange
,esponse (reen Paper 3(N 1/<5 in Covern"ent Ca5ette No! 55</1 dated *% November */1/4,
which sets out the climate changerelated measures that could be implemented in the various
sectors of South #fricaKs economy! "n addition, government has published a +arbon )a8
Discussion Paper for comment! )his document proposes to Mput a priceK on carbon, so as to
discourage the generation of carbon dio8ide, thereby reducing South #fricaKs greenhouse gas
emissions!
Some climate changerelated measures have been implemented in South #frica, such as the
establishment of targets for renewable energy and energy efficiency! "n addition, government has
indicated that it intends to reduce its greenhouse gas emissions below Mbusiness as usual levelsK
by */*/! Bowever, no significant and concrete measures have yet been implemented!
PRO&3E+ 1% +a(ing 'omp,aints a/out environmenta, pro/,ems
.) *ndustria, 4umes
# small factory in your neighbourhood is burning something that gives off fumes and clouds of
smoke that make you feel ill!
6hat 'an ou do7
=rite a letter to the committee in the municipality that deals with environmental issues, reporting
the matter and asking them to investigate!
&) Ra0 se0age
# sewerage treatment plant regularly overflows and raw sewerage is pumped into a river where
children play!
6hat 'an ou do7
=rite a letter of complaint to the Department of =ater and .nvironmental #ffairs and to the
committee in the municipality that deals with water affairs!
C) 3o'a, 2eve,opment
?our municipality is making a decision about a development that will change the environment in
the area! ?ou feel certain procedures of N.@# havenHt been followed in the planning process
and you are afraid that the development will go ahead!
6hat 'an ou do7
L #pproach the full time municipality officials, like the )own Planning Department, and
e8plain your concern! #sk for information about the development and which committees will
be deciding the issue!
L ,eport your concerns and recommendations to the chairperson of the relevant local
government committee that is responsible for making decisions regarding development! #sk
them for feedback within a specified period of time!
L "f the committee does not respond to your recommendations, write a letter of complaint
to the council e8ecutive committee! =arn them if you believe they did not follow the right
procedures or went against N.@#! )ell them you might go to court to challenge their
decision!
=ait for the response to your complaint! "f it goes against you, think about appealing, or applying
for conciliation, and only then going to court to have the decision set aside!
PRO&3E+ !% .ppea,ing against government environmenta, de'isions
)he government plans to use land in a certain way and you think is going to have a bad effect on
the environment!
6hat 'an ou do7
=rite a letter appealing against the decision! "n your letter0
L e8plain your complaint in detail
L say which N.@# environmental principle&s have been violated 3See =hat are the N.@#
principlesI4
L say which law has been broken and why you think the decision is unreasonable 3See
+hecklist of sectoral laws4
"f you are not satisfied with the result of your appeal you can ask the government to appoint a
facilitator to have the dispute referred to conciliation!
PRO&3E+ ;% Comp,aining to the 2ire'tor-$enera,
# group of people have been burning large numbers of tyres in an open field in order to sell the
steel that is found inside the tyres! ?our municipality has been unable to catch them or stop them
burning the tyres! )he land owner cannot control the tyre burners either!
6hat 'an ou do7
7irst complain to the municipality and then the provincial government! "f you are not satisfied
with the steps taken by the municipality or provincial government, you should write to the
Director(eneral or provincial head of department! ?ou must0
L write a statement of the facts of the complaint
L add copies of all letters of complaint to other government officials and answers received
L add maps, photographs or video evidence, medical evidence of in2ury, and so on, if you
have this
"f you make a complaint to the Director(eneral or provincial head, they must investigate the
case and tell the polluter to take reasonable steps to stop the problem by a certain date!
"f you are not satisfied with the result of your complaint you can request the government to
appoint a facilitator to try to have the disagreement referred to conciliation!
See National .nvironmental @anagement0 #ir Juality #ct 3No 5' of *//$4
PRO&3E+ 4% .pp,ing 4or 'on'i,iation or ar/itration
$overnment and 'ommunit dead,o'(
)he government decides to allow a dam to be built that will destroy many villages and natural
areas! # study was done on the likely impact on the environment 3environmental impact
assessment4! Bowever, the environmental impact assessment report does not take into account
cultural considerations, like the fact that the dam will flood graves and religious sites! )he local
community is against the dam development because of this! )he community and the government
cannot resolve their differences!
6hat 'an ou do7
=rite a letter to the minister, member of provincial e8ecutive council or municipal council
3whichever one is concerned with the dispute4, and ask them to refer the dispute to a conciliator
or facilitator!
"f the parties cannot agree, the conciliator can ask the two parties whether they would like the
case to go to arbitration! )he arbitratorKs decision will then be final!!
PRO&3E+ B% Harm to the environment
Emp,oees 'an re4use to do 0or( that harms the environment
?ou work for a doctor and your work includes cleaning up and throwing away waste! )he doctor
always tells you to throw the medical waste in a nearby rubbish dump! ?ou feel this is wrong and
one day you tell the doctor why you think it is wrong! )he doctor threatens to dismiss you!
6hat 'an ou do7
?ou can tell the doctor that N.@# says you cannot be dismissed for refusing to do this!
Reporting a'tivities that harm the environment
?ou work for a company that grows vegetables! 6ne of your employers is secretly using a
banned pesticide on one of the farms in order to grow more vegetables!
6hat 'an ou do7
?ou may disclose this information to various persons including0 a committee of Parliament or of
a provincial legislature, the Public Protector, an attorneygeneral or the South #frican Buman
,ights +ommission! N.@# helps to protect you against being victimised for blowing the whistle
on your employer, provided that you comply with the provisions of N.@#!
CHECC3*S-
&est a'tion to ta(e 0hen dea,ing 0ith environmenta, issues
)hese are things to think about when choosing the best action to take when someone or the
government has done something bad to the environment
Yes No
L )ow much will it cost to take this action?
.......................................................................................
L )ow long will the action take?
.......................................................................................
L Are we likely to achieve our aims?
.......................................................................................

L /eside financial backing, what other support do we need, such as
technical support, to achieve our aims?
.......................................................................................
.......................................................................................
.......................................................................................
.......................................................................................
.......................................................................................
L "s this support available?

Se'tora, ,a0s
)he laws listed here are only the most important national laws that deal specifically with
environmental issues! Provincial laws are not included!
See Sectoral laws relating to the environment!
3and-use p,anning and deve,opment
3and Re4orm
L Upgrading of ;and )enure ,ights #ct 311* of 1''14
L ;ess 7ormal )ownship .stablishment #ct 3115 of 1''14
L ,estitution of ;and ,ights #ct 3** of 1''$4
L ;and ,eform 3;abour )enants4 #ct 35 of 1''>4
L +ommunal Property #ssociations #ct 3*< of 1''>4
L "nterim Protection of "nformal ;and ,ights #ct 351 of 1''>4
L .8tension of Security of )enure #ct 3>* of 1''A4
L Prevention of "llegal .viction from and Unlawful 6ccupation of ;and #ct 31' of 1''<4
L +ommunal ;and ,ights #ct 311 of *//$4
P,anning
L )he Development 7acilitation #ct 3>A of 1''%4
L ;ocal (overnment )ransition #ct 3*/' of 1''54
L ;ocal (overnment0 @unicipal Structures #ct 311A of 1''<4
L ;ocal (overnment0 @unicipal Systems #ct 35* of *///4
L National Fuilding ,egulations and Fuilding Standards #ct 31/5 of 1'AA4
L Provincial ;and Use Planning 6rdinances
Environmenta, .ssessment
L National .nvironmental @anagement #ct 1/A of 1''< 3+hapter %4 and (overnment
Notices %$5, %$$, %$%, %$> and %$A in Covern"ent Ca5ette No! 555/> of 1< -une */1/
L @inerals and Petroleum ,esources Development #ct 3*< of *//*4
L @arine ;iving ,esources #ct 31< of 1''<4
L National =ater #ct 31/< of 1''A4
Prote'ted .reas
L National .nvironmental @anagement0 Protected #reas #ct 3%A of *//54
L National 7orests #ct 3<$ of 1''<4
L =orld Beritage +onvention #ct 3$' of 1'''4
L National Beritage ,esources #ct 3*% of 1'''4
L @arine ;iving ,esources #ct 31< of 1''<4
-he Coast
L @aritime Pones #ct 31% of 1''$4
L Sea Shore #ct 3*1 of 1'5%4
L 6,C ,egulations 3(N , 15'' in (overnment (a1ette No! **'>/ dated *1 December
*//1, as amended in *//$4
L National .nvironmental @anagement0 "ntegrated +oastal @anagement #ct 3*$ of *//<4
3this #ct has repealed the Sea Shore #ct, however, the repeal is not yet effective4
Natura, resour'es
.gri'u,tura, Resour'es
L +onservation of #gricultural ,esources #ct 3$5 of 1'<54
L 7ertili1ers, 7arm 7eeds, #gricultural ,emedies and Stock ,emedies #ct 35> of 1'$A4
L #gricultural Pests #ct 35> of 1'<54
L 7oodstuffs, +osmetics and Disinfectants #ct 3%$ of 1'A*4
L Subdivision of #gricultural ;ands #ct 3A/ of 1'A/4
L Sustainable Use of #gricultural ,esources Fill 3will repeal the +onservation of
#gricultural ,esources #ct4
&iodiversit and $eneti' +odi4i'ation
L National .nvironmental @anagement0 Fiodiversity #ct 31/ of *//$4
L (enetically @odified 6rganisms #ct 31% of 1''A4
L Plant Freeders ,ights #ct 31% of 1'A>4
L Plant "mprovement #ct 3%5 of 1'A>4
L #nimal "mprovement #ct 3>* of 1''<4
L +onservation of #gricultural ,esources #ct 3$5 of 1'<54
L Provincial Nature +onservation 6rdinances
6i,d anima,s# 4orests and p,ants
L (ame )heft #ct 31/% of 1''14
L #nimals Protection #ct 3A1 of 1'>*4
L National 7orests #ct 3<$ of 1''<4
L National Celd and 7orest 7ire #ct 31/1 of 1''<4
3iving marine resour'es
L @arine ;iving ,esources #ct 31< of 1''<4
L Sea Firds and Seals Protection #ct 3$> of 1'A54
6ater
L National =ater #ct 35> of 1''<4
L =ater Services #ct 31/< of 1''A4
L @ountain +atchment #reas #ct 3>5 of 1'A/4
+ining and energ
L @inerals and Petroleum ,esources Development #ct 3*< of *//*4
L Nuclear .nergy #ct 3$> of 1'''4
L National Nuclear ,egulator #ct 3$A of 1'''4
L @ine Bealth and Safety #ct 3*' of 1''>4
L
L .lectricity ,egulation #ct 3$ of *//>4
L National .nergy #ct 35$ of *//<4Petroleum Products #ct 31*/ of 1'AA4
Heritage resour'es
L National Beritage ,esources #ct 3*% of 1'''4
L National Beritage +ouncil #ct 311 of 1'''4
Po,,ution 'ontro, and 0aste management
3and
L National .nvironment @anagement #ct 31/A of 1''<4
L Bealth #ct 3>5 of 1'AA4
L Ba1ardous Substances #ct 311% of 1'A54
L 7oodstuffs, +osmetics and Disinfectants #ct 3%$ of 1'A*4
L @inerals and Petroleum ,esources Development #ct 3*< of *//*4
L Nuclear .nergy #ct 3$> of 1'''4
L National Nuclear ,egulator #ct 3$A of 1'''4
L 6ccupational Bealth and Safety #ct 3<% of 1''54
L National .nvironmental @anagement0 =aste #ct 3%' of *//<4
.ir
L National .nvironmental @anagement0 #ir Juality #ct 35' of *//$4
Noise
L Noise +ontrol ,egulations 3Such regulations only e8ist in (auteng and the =estern +ape
in terms of (enN %$A' in Provincial Ca5ette No! A% of */ #ugust 1''' and PN >*A in
Provincial Ca5ette No! %5/' of */ November 1''< respectively4
L #viation #ct 3A$ of 1'>*4
L ,oad )raffic #ct 3*' of 1'<'4
6ater
0resh 'ater
L National =ater #ct 35> of 1''<4
L =ater Services #ct 31/< of 1''A4
L National .nvironment @anagement #ct 31/A of 1''<4
L Bealth #ct >5 of 1'AA 3Section */ 3143c44
!ea 'ater
L Sea Shore #ct 3*1 of 1'5%4
L @aritime Pones #ct 31% of 1''$4
L @arine )raffic #ct 3* of 1'<14
L @erchant Shipping #ct 3%A of 1'%14
L =reck and Salvage #ct 3'$ of 1''>4
L @arine Pollution 3Prevention of Pollution from Ships4 #ct 3* of 1'<>4
L @arine Pollution 3"ntervention4 #ct 3>$ of 1'<A4
L @arine Pollution 3+ontrol and +ivil ;iability4 #ct 3> of 1'<14
L Dumping at Sea +ontrol #ct 3A5 of 1'</4
L ,egulations <> and <A, 111 in (overnment (a1ette No! 1'*/% of * September 1''<
3promulgated in terms of @arine ;iving ,esources #ct 1< of 1''<4
L National .nvironmental @anagement0 "ntegrated +oastal @anagement #ct 3*$ of *//<4
3)his #ct has repealed the Sea Shore #ct and the Dumping at Sea +ontrol #ct with effect
from a date to be proclaimed4
*n the 0or(p,a'e
L 6ccupational Bealth and Safety #ct 3<% of 1''54
L @ine Bealth and Safety #ct 3*' of 1''>4
Q )his material may not be used for profit without permission from .)U