The Obligations of Companies Towards the Environment - ENS

march 2009interest of persons and communities living in close proximity to any premises where scheduled processesthat result in the release of noxious or offensive gases into the atmosphere, are being performed. Thecourt therefore found, based on sections 24 and 38 of the Constitution and section 32 of NEMA that theapplicants' indeed had legal standing to bring the matter to court and to interdict Outeniqua Kreosootpalefrom continuing with its operations, whilst in contravention of environmental litigation, to the detriment ofthe environment. The court accordingly interdicted and restrained Outeniqua Kreosootpale fromconducting its business unless and until it obtained the prerequisite registration certificate authorising it todo so. The court also ordered Outeniqua Kreosootpale to pay the applicants' costs.Companies are therefore urged to take proactive steps towards environmental compliance as assuranceagainst claims of this nature.Risk AssessmentsThe Environmental Management Inspectorate (“Green Scorpions”) and other non-governmentalorganisations have the right, standing and power to act when reasonable measures have not been taken inorder to avoid, stop, minimise or rectify the causing of significant pollution or degradation to theenvironment. Specific action which may be taken by the Green Scorpions include, inter alia, an inspectionof the relevant premises and the issuing of a compliance notice which may lead to the ordering of aninvestigation, issuing of a directive and recovery of costs incurred by Director General or provincial head ofthe Department of Environmental Affairs and Tourism. At worst, persons who fail to comply with the NEMA,run the risk of criminal proceedings and directors liability. In order to pre-empt such action, it is necessaryto compile and update legal registers, conduct an environmental due diligence or carry out riskassessments, all of which can be performed by Edward Nathan Sonnenbergs’ Environmental Law Unit.Carrying out these measures will enable our clients to comply with the reasonable measures required bysection 28 of the NEMA.Mandatory Measurement of Carbon FootprintIn the latest news regarding the carbon footprint of businesses, the Environmental Affairs and TourismMinister, Marthinus van Schalkwyk, recently stated that the Environmental Affairs and Tourism Departmenthad “initiated a process of developing greenhouse gas measurement, monitoring and reporting regulationsthat will shift our work in this regard from a voluntary to a mandatory level”. It is no surprise thatinternationally charged concerns about the emission of greenhouse gases have been taken on board by thegovernment, especially since about 90% of South Africa’s electricity is derived from coal, along with thefact that energy generation and consumption accounts for more than 60% of our greenhouse gas

march 2009emissions. If you wish to have your company ‘leading the pack’ in this regard, Edward NathanSonnenbergs’ Environmental Unit, can assist by arranging for your carbon footprint to be measured andadvising on a management strategy aimed at offsetting the CO² equivalents generated by your businessand employees.Climate Change Client SeminarFor those amongst us who are not au fait with all the terms and technicalities of the hotly discussed topicof climate change, watch this space as Edward Nathan Sonnenbergs will be hosting a Climate ChangeClient Seminar in the near future. Many of the myths about the international crisis facing our environmentwill be demystified while the cold hard facts which we should be taking heed of will be discussed.Rule - Reforming Water GovernanceEdward Nathan Sonnenbergs is proud to announce the dawning of a new guide on effective water reform,edited by our very own Robyn Stein as well as Alejandro Iza. As stated aptly in the book, ‘how a countrymanages its water resources determines the health of its people, the success of its economy, thesustainability of its natural environment, and its relations with its neighbours.’ The book investigatesvarious water policies across the world and sets out specific guidelines which will enable a state to reformtheir water law, which will in turn contribute to the preservation of our environment at large. TheInternational Union for Conservation of Nature and Natural Resources published the book which wasfinanced to a large extent by the Government of the Netherlands through the Water and Nature Initiative.Water is essential to our existence, so to avoid missing the chance to enlighten yourself and your businesson the intricacies of successful water management, ensure that you get a copy of Rule.Legal Updates1. Draft Policy on Waste Incineration and the Co-processing of Waste as Alternative Fuelsor Raw Materials in cement production.No. 105 of Government Gazette No. 31831, on 30 January 2009: The draft policy was published forcomments.

march 20092. Environment Conservation Act 73 of 1989.No. 341 in Government Gazette No. 30904, on 28 February 2008: Regulations for the Prohibitionof the use, manufacturing, import and export of asbestos and asbestos containing materials.No. 149 in Government Gazette No. 31901, on 13 Feb 2009: Waste Tyre Regulations.3. Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947.No 227 in Government Gazette No. 31958, on 2 March 2009: Proposed amendment to regulationsrelating to farm feeds, appeals and imports.4. Genetically Modified Organisms Act 15 of 1997.No. 321 in Government Gazette No. 30892, on 28 March 2008: Draft regulations published forcomment.No. 46 in Government Gazette No. 31814, on 30 January 2009: Amendments to regulations.5. Mineral and Petroleum Resources Development Act 28 of 2002.No. 164 in Government Gazette No. 31893, on 20 February 2009: South African Agency for thePromotion of Petroleum Exploration and Exploitation: Petroleum Licence Round 2009.6. Minerals and Petroleum Resources Development Amendment Bill 10 of 2007.The Bill is under consideration in the National Council of Provinces in parliament.7. Minerals and Petroleum Resources Royalty Act 28 of 2008.Finance Minister Trevor Manuel proposed that government delay the implementation of the Actuntil from May 2009 to March 2010, he believes that this will minimise job losses in the industry.8. National Building Regulations and Building Standards Act 103 of 1977.No. 574 in Government Gazette No. 31084, on 30 May 2008: Amendments to National BuildingRegulations in effect from 1 October 2008. New definition is included, ‘contaminated land’, theimplications of which may result in a geotechnical investigation to determine whether or not theerection of the building (including the site works) on the contaminated land should be permitted,

march 2009and if so, under what conditions.9. National Environmental Laws Amendment Bill [B35B – 2007].The Bill is in the National Assembly for consideration in parliament.10. National Environmental Management Act 107 of 1998.No. 165 in Government Gazette No. 31885, on 13 Feb 2009: Draft Environmental ImpactAssessment Regulations for public comment within 30 days of this notice. Furthermore in the sameGovernment Gazette, Notice No’s. 166-168 contain Listing notices 1-3 respectively, which providethe competent authorities as identified in terms of section 24(2) and section 24D.No. 294 in Government Gazette No. 32009, on 13 Mar 2009: Correction notice: Notice 166 of2009, Notice 167 of 2009 and Notice 168 of 2009 published in Government Gazette No 31885 of13 February 2009.11. National Environmental Management: Air Quality Act 39 of 2004.No. 263 of Government Gazette No. 31987, on 13 Mar 2009: The identification of substances inambient air and establishment of national standards for the permissible amount or concentration ofeach substance in ambient air.12. National Environmental Management Amendment Act 62 of 2008.No. 22 of Government Gazette No. 31789, on 9 January 2009: The Act was signed by the Presidenton 5 January 2009 and published on 9 January 2009. The commencement date has not yet beenproclaimed by the President however any provision relating to prospecting, mining, exploration andproduction and related activities will come into operation on a date 18 months after the date of thecommencement of section 2 of the Act or; the commencement of the Mineral and PetroleumResources Development Amendment Act 2008, whichever date is the later.13. National Environmental Management: Biodiversity Act 10 of 2004.No. 209 in Government Gazette No. 31962, on 27 Feb 2009: Threatened or Protected SpeciesAmendment Regulations, 2009.No. 210 in Government Gazette No. 31963, on 27 Feb 2009: Threatened or Protected SpeciesSecond Amendment Regulations, 2009.

march 2009No. 214 in Government Gazette No. 31968, on 02 Mar 2009: Norms and Standards for BiodiversityManagement Plans for Species.No. 291 in Government Gazette No. 32006, on 16 Mar 2009: Guidelines regarding thedetermination of bioregions and the preparation of and publication of bioregional plans.14. National Environmental Management: Integrated Coastal Management Act 24 of 2008.No 138 of Government Gazette No. 31884, on 11 February 2009. The Act was signed by thePresident on 9 February 2009 and published on 11 January 2009. The commencement date hasnot yet been proclaimed by the President.15. National Environmental Management: Protected Areas Amendment Bill.The Bill has been approved by parliament and awaits assent by the President.16. National Environmental Management: Waste Act 59 of 2008.No 278 in Government Gazette No. 32000, on 10 March 2009: The Act was signed by the Presidenton 6 March 2009 and published on 10 March 2009. The commencement date has not yet beenproclaimed by the President.17. National Radioactive Waste Disposal Institute Act 53 of 2008.No. 19 in Government Gazette No. 31786, on 9 January 2009: The Act was signed by the Presidenton 5 January 2009 and it was published on 9 January 2009. The commencement date has not yetbeen proclaimed by the President.18. National Nuclear Regulator Act 47 of 1999.No. 224 in Government Gazette No. 31957, on 6 March 2009: Notice in terms of section 8(7A) ofthe national nuclear regulator act, 1999 (act no. 47 of 1999), to invite nominations to the board ofthe national nuclear regulator.19. National Water Act 36 of 1998.No. 313 in Government Gazette No. 32013, on 20 Mar 2009: Extension of the time period forgeneral authorisations published in terms of section 39.No. 314 in Government Gazette No. 32013, on 20 Mar 2009: Extension of the time period for

march 2009general authorisations published in terms of section 36.20. Nuclear Energy Act 46 of 1999.No. 207 in Government Gazette No. 31954, on 27 February 2009: Declared certain substances,materials and equipment as restricted material, source material, special nuclear material andnuclear related equipment and material as indicated in the government notice 740, schedules 1, 2,3 and 4 respectively. The declaration repeals the government notice 740 of 16 April 1994.21. South African Weather Service Act 8 of 2001.No 190 in Government Gazette No. 31912, on 20 Feb 2009: Notice of intention to makeregulations regarding fees for the provision of aviation meteorological services in terms of section28 (b).our environmental law teaminfo@problemsolved.co.zastephen levetan robyn steyn lloyd christie carlyn frittelli