Various national, provincial and local laws reflect these legislative measures. The national framework legislation on the environment is the National Environmental Management Act of 1998 (NEMA), which must be read in conjunction with the «Specific Environmental Management Laws» (SEMA), namely: Although this DFFE-led process is deliberately referred to as «voluntary», entities can benefit from collaboration with the DFFE if they are also carbon-exposed entities. Indeed, the legislative carbon tax system provides taxpayers who participate in the DFFE`s voluntary carbon budget process with an allocation to reduce their carbon tax obligation. As a result, early progress on voluntary carbon budget compliance (Phase 1 compliance) will prepare institutions – both financially and operationally – for the time budgets become binding under the Climate Change Act. The EPR regulations are an important step in South Africa`s national development towards a circular economy by reducing the local government`s waste disposal burden, reducing the amount of waste sent to landfill and promoting recycling. Despite the clarification of the changes in May 2021, the lack of clear wording continues to lead to legal uncertainty and challenges in the interpretation of the Regulations. Affected industries still struggle to understand the scope of regulation and the division of responsibilities throughout the product value chain. In addition, much remains to be done to integrate and work with the large and vibrant informal waste collection sector that forms the backbone of South Africa`s current recycling industry. Often, environmental due diligence begins with a document assessment that takes into account reports, audits, correspondence with relevant authorities, and interviews with employees. Technical and legal environmental due diligence is usually carried out for mergers and acquisitions, financial and real estate transactions in South Africa. The right of access to information is protected by the Constitution.
This right is enforced by the Promotion of Access to Information Act, 2000 (PAIA). According to PAIA, a member of the public (applicant) must have access to environmental information held by a public authority or body if: Over the years, a number of environmental taxes and charges have been introduced. These are administered under the Customs and Excise Act 1964 and include: We provide you with legal registers in MS Word format. A Level 1 IME (i.e., an IME with the highest designation) may issue Notices of Compliance if it has reasonable grounds to believe that a person has failed to comply with a Law or authorization promulgated under this Act. An EMI may also issue guidelines for taking certain actions, including investigating environmental impacts or stopping certain activities if a person has caused or may cause significant pollution or deterioration. Typically, an individual receives a pre-compliance notice or pre-policy and has the opportunity to comment before the notice or policy is published in its final form. The draft national law on climate protection, which was first adopted on the 8th. June 2018, has not yet been officially announced. However, in September 2021, the South African cabinet approved the submission of the bill to Parliament. Essentially, the bill aims to support an effective response to climate change and enable a just transition to a climate-resilient and low-carbon economy in the context of an environmentally sustainable development framework. Depending on the location and nature of a project, other environmental permits may also be required. These include potential permits under NEMBA, licences under the National Forests Act, or approvals under NEMPAA.
Additional permits may also be required under provincial or local orders. Depending on the nature of a project, environmental permits, permits, licenses, etc. may be required under NEMA and SEMA. As a rule, these are necessary before the start of any activity, including the clearing of vegetation. Where a responsible person does not take adequate measures to prevent, reduce or remedy pollution or significant deterioration of the environment, a competent authority may adopt a Directive requiring him to take such measures. If the Directive is not complied with, the competent authority may take the necessary corrective measures and recover the corresponding costs, in particular: 2. Unenforceable legal requirements are filtered, making the legislation more accessible to those who need to manage compliance. Only provisions that constitute an obligation, prohibition or significant legal risk for the user of the register shall be included in the register. 1.
The applicable legal requirements are identified and documented. Depending on the size of the legal registry, this includes safety, health and environmental requirements at the national, provincial and local levels. The following regulatory compliance factors can be identified: In particular, section 46 of ACAP requires an information officer to grant a public body access to a public record the disclosure of which would reveal an imminent and serious risk to public safety or the environment. In addition, environmental licensees may be required to submit annual reports to the competent authorities on compliance with certain aspects of their authorisations. According to Article 28 of NEMA, any person who causes (or may cause) significant pollution or degradation of the environment must take reasonable measures to prevent such pollution or deterioration from occurring, persisting or recurring. 4. Applicable legal requirements are made available in electronic form (MS Word), which facilitates use in other compliance tools such as training, reporting, incident investigations, audits, management plans, memos, etc. Information can easily be shared with people who need it. Unions use strikes and other means to pressure employers on legal compliance issues. NEMA specifically stresses that access to information must be guaranteed in accordance with the law in order to achieve sustainable development (a principle that governs environmental protection – see 1.1 Key Environmental Policies and Laws).
Specifically, EPR regulations require individual product manufacturers to register with the DFFE and create their own Product Responsibility Organization (PRO) or join an existing PRO. Manufacturers are required to comply with the EPD system developed by PRO and to pay royalties to the relevant OPRs in order to finance the implementation of the EPD system. Since environmental issues are the responsibility of each country and province, provincial ministries of the environment are also established for each of the nine provinces. Broader environmental insurance is discussed in 10.2 Environmental insurance. Civil, criminal and administrative liability may be imposed on various persons, including operators, polluters, landowners or other persons, for environmental damage or breaches of environmental law. Individual responsibility is possible. There is no specific legal obligation under NEMA or SEMA for companies to disclose environmental information in their annual reports, although civil society exerts significant pressure on companies to do so. Increasingly, publicly traded companies are also expected to disclose information in their reports to shareholders. In addition, there are certain environmental allowances that serve as incentives. These are included in the Income Tax Act and include accelerated depreciation for assets used to generate renewable energy, as well as deductions related to energy savings.