Offences That Could Result In Extension Of Liability Under NEMA (SO4-AC7)

The National Environmental Management Act (NEMA) defines "environment" as the surroundings within which humans exist. These are made up of:

• the land, the water and the atmosphere of the earth;
• micro-organisms, plant and animal life;
• any part or combination of the first two items on this list, and the interrelationships among and between them; and
• the physical, chemical, aesthetic and cultural properties and conditions of the foregoing that influence human health and well-being.

In addition, the Environment Conservation Act defines the environment as "the aggregate of surrounding objects, conditions and influences that influence the life and habits of man or any other organism or collection of organisms.

Legislation Regulating Environmental Management

Legislation, from an environmental point of view, may be divided into six categories:

• Legislation aimed exclusively at environmental management, like the National Parks Act and the Atmospheric Pollution Prevention Act;
• Legislation calculated to promote an environmental object, like the Mountain Catchment Areas Act;
• Legislation not specifically directed at environmental management, but including individual provisions aimed at environmental management, like the Nuclear Energy Act, the Sea-Shore Act and the National Roads Act;
• Legislation not aimed at environmental management, but including provisions that are directly or potentially of environmental significance, like land-use planning legislation and the Customs and Excise Act;
• Legislation not aimed at environmental management, but rather at environmental exploitation (like the old mining legislation and legislation promoting afforestation and fishing, and the development of townships); and, finally,
• Legislation with no environmental relevance.

There are a number of diverse sources of South African environmental law:

International law – Both international customary law and international conventions function as sources of South African environmental law.

Common law – A variety of common-law rules, derived from neighbour law, for example, and the law of nuisance, are of significance as sources of environmental law. The dictum sic utere tuo ut alienum non-laedas (use your own property in such a manner as not to injure that of another) furnishes one instance.

Constitution of South Africa – The Constitution now informs and underlies the entire legal system in South Africa. Of prime importance is the Bill of Rights, with its explicit provision for environmental rights. The Constitution provides a framework for the administration of environmental laws.

Statute law – Environmental law is also derived, fairly obviously, from national and provincial legislation, and from local by-laws.

Customary law – Custom functions to some degree as a source of environmental law.