CONTENTS

1 INTEGRATED ENVIRONMENTAL PERMITS............................................3

2 AIR EMISSIONS................................................................................4

2.1 CURRENT LEGISLATION............................................................................4

2.2 PENDING LEGISLATION............................................................................5

3 WATER MANAGEMENT......................................................................8

3.1 WATER SUPPLY AND USE........................................................................8

3.2 WASTEWATER.....................................................................................9

4 WASTE 11

4.1 REFUSE REMOVAL...............................................................................11

4.2 NON-HAZARDOUS WASTE........................................................................11
4.3 HAZARDOUS WASTE MANAGEMENT.............................................................12

5 MATERIALS STORAGE AND HANDLING.............................................14

6 NUISANCE AND COMPLAINTS..........................................................15

7 ENVIRONMENTAL NOISE.................................................................16

8 SOIL AND GROUNDWATER..............................................................17

9 ASBESTOS.....................................................................................19

10 POLYCHLORINATED BIPHENYLS.....................................................21

11 OZONE DEPLETING SUBSTANCES...................................................22

12 RADIOACTIVE SUBSTANCES...........................................................23

13 HEALTH AND SAFETY ISSUES.........................................................24

13.1 OPERATIONAL RISK ASSESSMENT.............................................................24

13.2 RECORDABLE ACCIDENTS AND INCIDENTS ....................................................24
13.3 WORKERS COMPENSATION....................................................................24
13.4 SAFETY VIOLATIONS AND CITATIONS...........................................................25
13.5 TRAINING......................................................................................26
13.6 EMERGENCY PREPAREDNESS...................................................................26
13.7 PROCESS SAFETY MANAGEMENT..............................................................27
13.8 FIRE PROTECTION.............................................................................27
13.9 OTHER HEALTH AND SAFETY ISSUES.........................................................27

14 ENVIRONMENTAL ASSESSMENT.....................................................31

15 PIPELINES....................................................................................33
1 INTEGRATED ENVIRONMENTAL PERMITS

There is no legal requirement for integrated operating permits in

South Africa. A White Paper on Integrated Pollution Control and
Waste Management was published in 2000, however, no legislation
has subsequently been enacted in this regard. It is understood that
the National Environmental Management Act (No. 107 of 1998) may
be revised in the future to include a chapter on Integrated Pollution
Control and Waste Management.
2 AIR EMISSIONS

2.1 Current Legislation

Currently, atmospheric emission regulatory controls are contained in

the Atmospheric Pollution Prevention Act 45 of 1965, although this
will shortly be repealed and replaced by the Air Quality Bill. The
former Act deals with control of noxious or offensive gases, smoke,
dust and motor vehicle emissions. Responsibility for regulatory
control is divided between the Chief Air Pollution Control Officer
(CAPCO) in the Directorate of Air Pollution within the National
Department of Environment and Tourism (DEAT), and local authority
inspectors. The local authorities are responsible for smoke, dust and
vehicle emissions.

The Act schedules approximately 70 processes producing offensive

emissions (Schedule II). Operators of scheduled processes are
required to obtain permits (Air Pollution Registration Certificates) to
operate (Part II, Section 9). The permits define the air pollution
control technology to be used and standards (emissions limits and
ambient air quality guidelines) to be achieved. The CAPCO decides
on the permit conditions based on the best practicable means (BPM)
principle. There are no formal guidelines for factors to be
considered in determining what constitutes BPM.

The Act delegates responsibility for smoke control almost entirely to

local authorities. Controls provided for are outlined below.
Permission to install and operate fuel-burning appliances has to be
obtained from the CAPCO or the local authority (Part III, Section 15
and 16). Local authorities may serve abatement notices on any
party if the product of combustion emanating from the premises
occupied by the party is a nuisance or health hazard to occupiers of
surrounding properties (Part III, Section 17). A local authority can
make smoke regulations specifically designed for the area under its
jurisdiction (Part III, Section 18). A local authority can declare a
smoke-control zone and prohibit emissions that exceed a specified
color or density Part III, Section 20.

Lists of areas for which the provisions of Part III have been made
applicable, areas for which smoke control regulations have been
promulgated, and smoke control zones are summarized in
Annexures A, B and C of these regulations.
Dust control measures apply to areas declared as dust control areas
under the Atmospheric Pollution Prevention Act (Part IV, Section 17).
These measures require anybody causing nuisance to occupiers of
adjacent land to take prescribed steps or (where no steps have been
prescribed) adopt BPM for preventing the nuisance. Contraventions
of the Act attract minor fines varying between R (Rand) 500 and R
2000 or imprisonment for six to 12 months.
 Provision is made for local authorities to implement smoke control
measures and recover the costs from the parties who fail to comply
with local smoke control regulations (Part III, Section 18).

2.2 Pending Legislation

The new Air Quality Bill replaces the Atmospheric Pollution

Prevention Act (APPA) of 1965 (although this Act has not been
formally repealed) and represents a complete paradigm shift in air
quality management.

The purpose of the Air Quality Bill is to set norms and standards
relating to-
institutional frameworks, roles and responsibilities, air quality
management planning, air quality monitoring and information
management, air quality management measures and general
compliance and enforcement provisions.

These norms and standards are set in order to:

• Protect, restore and enhance the air quality in South Africa,
having regard to the need to ensure sustainable development;
• Provide increased opportunities for public involvement and
participation in the protection of air quality;
• Ensure that the public has access to relevant and meaningful
information about air pollution;
• Reduce risks to human health and prevent the degradation of air
quality by the use of mechanisms that promote pollution
prevention and cleaner production, the reduction to harmless
levels of the discharge of substances likely to impair air quality,
the making of progressive environmental improvements,
including the reduction of pollution at source and the monitoring
and reporting of air quality on a regular basis;
• Strengthen the regulatory framework for management of air
quality;
• Improve the efficiency of administration of air quality legislation;
and
• Give effect to the Republic’s international obligations.

The main criticism of the Air Quality Bill is a lack of recognition of

insufficient capacity, particularly at local authority level, to monitor
ambient pollution levels.

A brief summary of each Chapter of the Bill is provided below.

Chapter 1, the introductory chapter, of the Bill defines the specific

terminology used, sets out the objectives of the bill as prescribed by
the White Paper on Pollution and Waste Management (2000) and
makes reference to the environmental management principles set
forth in NEMA.

Chapter 2 deals with what is regarded as the ‘backbone’ of the new

approach to air quality management, namely, the establishment of
national ambient air quality standards. It also clarifies the setting of
norms and standards within the various spheres of government and
their roles thereof. These standards will be a key mechanism in
ensuring that the constitutional right in respect of an environment
that is not harmful to health and well-being is progressively realised
through the implementation of benchmark performance standards. It
is intended that the ambient air quality standards provide the goals
and objectives for all air quality management plans and also provide
the yardstick against which the efficacy of these plans can be
measured. To this end, the chapter provides for the identification of
priority pollutants and the setting of ambient standards in respect of
these pollutants. The chapter also allows for the setting of specific
emission standards for any problem pollutant.

Chapter 3 provides for the establishment of a multi-stakeholder

National Air Quality Management Committee to advice the Minister
on the implementation of the Bill. This chapter also deals with air
quality management. In order not to duplicate the planning and
reporting responsibilities of government, Chapter 3 indicates how air
quality planning must be integrated with existing activities, i.e. the
plans required in terms of NEMA must incorporate a consideration of
air quality whereas integrated development plans compiled by
municipalities must also take air quality into account.

Chapter 4 describes the various regulatory tools or measures made

available to government for implementing and enforcing air quality
management plans and achieving acceptable ambient air quality.
The tools have been designed in such a way as to ensure an optimal
mix of regulatory approaches that will ensure that the diversity of air
pollution issues can be managed in the most effective manner and
with maximum flexibility, i.e. with the least possible administrative
burden and use of resources. These include the following:
Priority areas – Air pollution ‘hot spots’ may be identified for
focussed attention including specific air quality management plans
and the provision for specific regulations relating to the area;
Listed Activities – The identification of ‘problem’ processes that will
require an Atmospheric Emission License before they can operate.
This section also deals with the control of offensive odours;
Controlled emitters – The setting of emission standards for identified
‘classes’ of emitters (e.g. motor vehicles, hazardous waste
incinerators, etc.);
Control of Noise – Measures can be prescribed for the control of
noise.
Control of odours – Offensive odours must be contained.

Chapter 5 deals with licensing of listed activities. It defines with

reference to section 24 of NEMA procedures to be followed and the
authority responsible for granting such a licence. This chapter also
makes provision and defines the following:
Fit and proper persons – This provision allows government to turn
down license applications from applicants who have continuously
demonstrated bad air quality management practices in the past
(naturally, new entrants are excluded from this provision);
Emission control officers – This provision allows government to
demand that qualified air quality management practitioners are
employed by ‘problem’ industries.

Chapter 6 deals with South Africa’s international obligations in

respect of air quality management. In keeping with the ‘good
neighbour’ aspect of NEPAD and our SADC obligations, the Bill allows
the Minister to investigate cases where South African processes may
be impacting on our neighbours. In this regard, the Bill also provides
for regulations in respect of the control of processes impacting on
our neighbours and the global atmosphere in general. This section is
viewed as being significant as it will enable national government to
implement swift responses required to harness the investment
opportunities provided by some of the international instruments.

Chapter 7 deals with offences and penalties. The Bill as a whole is

underpinned by the adoption of a comprehensive approach to the
management of offences and penalties.

Chapters 8 provide for general regulations and transitional

arrangements. With regard to the latter, the Bill provides for a
number of arrangements aimed at smoothing the transition from the
air quality management approach under APPA. This includes the
transfer of air pollution permits issued in terms of APPA.
3 WATER MANAGEMENT

3.1 Water Supply and Use

Water use is controlled by the National Water Act 36 of 1998. This

Act was promulgated in October 1998 and the enforcing authority is
the Department of Water Affairs and Forestry (DWAF). The provision
of water is generally controlled by the local municipal authority.

Chapter 4 of the National Water Act (Sections 21 to 55) focuses on

water use. Generally a water use must be licensed. Licenses are
not required (Section 22) where:

• the water use is an existing lawful use (a use which was

authorized before the commencement of the Act);
• the use is permissible under a general authorization (a draft
general authorization is to be published soon, this will be a
measure to avoid a flood of license applications and will be
revoked with time);
• the water use is listed in Schedule 1 (domestic use, non-
commercial gardening, livestock watering, minor recreational use
such as boating, emergency water use such as fire-fighting, and
run-off/ storm-water from sites into any conduit where approval
has been obtained from the party authorized to receive treat and
dispose of this water);
• a responsible authority has waived the need for a license
(because it is satisfied that the purpose of the Act will be served
by an authorization under any other law).

In water “stressed” areas, the responsible authority may override

the provision for unlicensed use (Section 43). Water uses that need
to be licensed (Section 21) include:

• water abstraction;
• water storage;
• alteration of flow in a watercourse;
• controlled activities (irrigation with wastewater, modification
of atmospheric precipitation; hydro-power generation, intentional
recharging of aquifers with waste water - Sections 27 and 28);
• disposal of wastewater from industrial processes;
• removing and/or discharging of underground water;
• use of water for recreational purposes.

Licensing procedures are outlined in Sections 40 to 48 and the

review of licenses is covered in Sections 49 to 52. Licenses can only
be granted once a preliminary estimation of the “Reserve” (the
reserve water for basic human needs and the ecological reserve) has
taken place. Key sections on water use in the National Water Act
(specifically Sections 33,37, 38, and 40-42) have not yet come into
 effect.

Contravention of authorizations are dealt with by the responsible

authority (Sections 53 and 54) as follows:

• a notice can be served;

• the authority can carry out actions necessary to rectify the
contravention at the cost of the party on which the notice was
served if the party does not take the specified corrective action
timeously;
• the entitlement to use of water can be suspended.

Chapter 3 of the National Water Act focuses on protection of water

resources (surface water and groundwater). Pollution prevention is
covered in Part 4 (Section 19) of this chapter. Any person who owns,
controls, occupies or uses land is deemed responsible for taking
measures to prevent pollution of water resources. If these measures
are not taken, the responsible authority may do whatever is
necessary to prevent the pollution or remedy its effects and to
recover all reasonable costs from the responsible person. Non-
compliance with this provision constitutes a criminal offence.

Any person who uses water contrary to the provisions of the Act is
guilty of an offence and is liable to an unspecified fine and/ or
imprisonment (for a period not exceeding five years). The absence
of a specified fine creates potential for stringent fines. When
convicting someone for violation of the National Water Act, a
simultaneous inquiry into harm, loss or damage to other parties may
be undertaken. The court may order the accused to pay the cost of
remedial measures or award damages.

3.2 Wastewater

Wastewater discharge is specifically guided by municipal Bylaws.

Below is an example for Durban.

Discharge of effluent to municipal sewer is controlled by Durban’s

(eThekwini Municipality) Sewage Disposal Bylaws MN27 of May
1999. Durban’s sewage bylaws were significantly revised in 1999,
with the result of placing a more direct onus on industry for
managing their pollution and waste.

In terms of the bylaws, an application needs to be made to the local

authority where any person wishes to construct or cause to be
constructed a building which will be used as a trade premises, for
permission to connect to the sewage disposal system and for
permission to discharge trade effluent.

Section 2/4(1) of the bylaws says that every person is under a duty
to prevent any solid, liquid or gaseous substance other than
stormwater entering:
• Any stormwater drain, stormwater sewer or excavated or
constructed watercourse;
• Any river, stream or natural water course or any public water,
whether ordinarily dry or otherwise, except in accordance with
the provisions of the National Water Act (Act no. 36 of 1998); or
• Any street or premises.

Section 2/4(2) requires that every person is under a duty not to

discharge or permit the discharge or entry into a sewage disposal
system of any sewage or other substance which, inter alia does not
comply with the prescribed standard. In broad terms, because of its
nature or concentration, will not allow proper treatment, which may
cause damage to the works, which may threaten the health or safety
of any person, and which will not allow the Council to comply with its
duties in terms of the National Water Act (Act No. 36 of 1998) with
regard to the discharge of trade effluent to a natural water resource.

Section 4/1/11/12 of the bylaw notes that every person wishing to

discharge trade effluent into the sewage disposal system is under a
duty to obtain written permission of an authorised officer. If such
permission is granted, there is a duty to ensure that no trade
effluent is discharged unless it complies with the standards and
criteria set out in Schedules A and B to the Sewage Disposal Bylaws.
Where a permit holder discharges trade effluent to the sewage
disposal system which does not comply with the conditions of the
permit, there is a duty to notify an authorised officer within 12
hours, providing details of the incident and reasons for it.
4 WASTE

4.1 Refuse Removal

This is controlled by local by-laws (PN97 of 1998) of the eThekwini

Municipality.

Accordingly only waste contractors approved in writing by the City

Engineer for that purpose may collect and trade refuse and
industrial refuse. A person who intends to engage the services of an
approved refuse removal contractor must notify the City Engineer in
writing of such intention and likewise notify him or her whenever the
engagement is terminated where trade refuse and industrial refuse
is concerned.

An occupier of premises on which special industrial refuse is

generated must inform the City Engineer in writing of the
composition thereof, the quantity generated, how it is stored, and
how and when and by who and to which place it will be removed.

Prior written consent from the City Engineer is required before any
person may remove special industrial refuse from the premises on
which it was generated.

Prior to written permission of the City Engineer is required before a

person may deliver to or discharge at a disposal site any liquid
refuse.

4.2 Non-hazardous waste

The Environment Conservation Act 73 of 1989 deals generally with

waste (Sections 19, 20, 24, 24 and 29) as outlined below. The
Department Water Affairs and Forestry (DWAF) is the enforcing
agency.

Littering is prohibited and regulatory authorities are responsible for

ensuring there are containers for discarding of litter and for
removing this litter to a waste site (Section 19).

A permit has to be obtained to develop and operate a waste disposal

site from the Minister of Water Affairs and Forestry (Section 20). The
permitting process and permit conditions are based on the
‘Minimum Requirements’ (See below). Disposal of waste in any
other manner than at a disposal site for which a permit has been
issued is prohibited (Section 20).

Sections 24 and 24A of the Act enable the Minister of Environmental

Affairs and Tourism or competent authorities at the provincial level
to make regulations with regard to waste management and littering.
Refuse removal regulations have been passed by many
municipalities. Where refuse is not removed by the council, the
owner is required to arrange for removal of the refuse to an
 approved disposal site as often as necessary to prevent a nuisance
from arising.

A framework of standards complementary to the waste-site permit

system, the ‘Minimum Requirements’, has been published by DWAF
(first edition in 1994 and second edition in 1998). There are three
Minimum Requirements documents: ‘Minimum Requirements for the
Handling and Disposal of Hazardous Waste’, ‘Minimum
Requirements for Waste Disposal by Landfill’, and ‘Minimum
Requirements for the Monitoring at Waste Management Facilities’.

4.3 Hazardous Waste Management

4.3.1 Hazardous Waste Management

The general requirements pertaining to non-hazardous waste also

apply to hazardous wastes. The specifications for hazardous waste
are contained in the Minimum Requirement documents for waste.
Hazardous waste is identified according to SABS Code 0228 on
hazardous substances. Furthermore, it is stated in the Minimum
Requirements documents that any waste must be regarded as
hazardous if there is any doubt about the potential danger of the
waste stream to man or to the environment.

The Minimum Requirements for the handling, storage and

transportation of hazardous wastes are that a temporary storage
site requires at least a firm waterproof base and that it is protected
from the ingress of storm water from surrounding areas. It should
have an effective drainage system to a spillage collection area
where any spillage can be recovered and suitably treated. The area
must be clearly demarcated and should not be accessible to
unauthorized persons. Waste materials should always be stored
separately from other process chemicals or products. Flammable or
combustible wastes must in any event be stored separately from
other waste materials.

Hazardous waste must be securely contained during handling,

storage and transport to prevent risks to the environment. The type
of packaging to be used is determined by a series of practical tests,
which relate to the degree of hazard posed by the material to be
contained, as categorized by the three packaging groups (grouped
by SABS code 0229). When large quantities of waste are involved,
bulk containers should be used as specified in SABS Code 0233.
Labelling of hazardous substances must be in accordance with SABS
Code 0233.

If there is a spillage, or pollution of surface water due to flooding of a

storage area during heavy rain, the generator of the waste must
take all possible steps to recover the hazardous component and
prevent any polluted water from entering sewerage systems or
watercourses. If and when it becomes obvious that such a spillage
cannot be contained on-site, the local authorities and the DWAF
must be advised of the accident immediately. Full co-operation
must be given to these authorities to implement emergency action
so as to minimize the adverse affects of such occurrence to the
public and the environment.

If an accident occurs during transport resulting in leakage or spillage

of the hazardous waste, emergency action must be taken to contain
the spilled material and to prevent further uncontrolled spillage or
leakage. Remedial action must be taken to clean up and remove
any spillage or residue, and to ensure that no environmental
pollution or contamination of water resources will take place at a
later stage. Also, the local emergency services should be warned.
All road accidents must be reported to the Department of Transport.

At all times a manifest document should accompany waste material.

This document must contain all the relevant information relating to
the generator/consignor of the waste, the transporter, the consignee
and the waste material being transported.

The following South African Bureau of Standards codes of practice

(SABS 0230, SABS 0231 and SABS 0232) relate to the transportation
of dangerous goods (including hazardous waste). The Hazardous
Substances Act 15 of 1973 provides for regulations to be made for
the dumping and disposal of certain hazardous substances (Section
1). Such regulations are contained in the Government Notice R453
of 25 March 1977, made under the Act in respect of the disposal of
empty containers and Group 1 Hazardous Substances. Returnable
containers of certain hazardous substances must be securely closed
(Regulation 10(1)). After being cleaned, such a container may only
be used as a container for the hazardous substance that it originally
contained (Regulation 10(2)). Unreturned empty hazardous
containers should be disposed of in an alternative safe manner
(Regulation 10(3)).

The National Waste Management Strategy was published towards

the end of 1999. It will be enforced through envisaged Integrated
Pollution and Waste Management legislation that may take the form
of a new Act or will be incorporated into a revised National
Environmental Management Act (NEMA). The Strategy contains a
number of comprehensive Action Plans that deal with various
aspects of waste management. The primary function of the strategy
is to raise awareness and encourage a proactive approach on behalf
of all individuals, companies and government authorities towards
responsible waste management. The status of the Strategy is
uncertain. Some government departments are of the opinion that it
is no longer relevant and has become obsolete.
5 MATERIALS STORAGE AND HANDLING

The Hazardous Substances Act 15 of 1973 is administered by the

Minister of Health. It provides for the declaration of hazardous
substances and control of declared substances. There are four
groups of declared substances as outlined below.

Group I and II substances are toxic, corrosive, irritant, strongly

sensitizing, flammable substances or substances that generate
pressure through decomposition, heat or other means. Group I
substances cannot be sold without a license from the Department of
Health. No licensing requirement has been defined for Group II
substances as of yet. Group III substances are declared electronic
products. A license to sell or use these substances is required from
the Department of Health. Group IV substances are radioactive
materials. Written authority from the Department of Health is
required to produce, acquire, dispose of, be in possession of or
convey these substances.
Regulations governing various aspects of hazardous chemicals have
been promulgated under the Occupational Health and Safety Act 85
of 1993 (GNR 1179 of 25 August 1995). These apply to occupational
exposures to hazardous substances. Both the employer and
employee must be informed about: the content of regulations;
exposure sources and risks; the necessary safety precautions; and
procedures to be followed in emergency situations. The regulations
recommend limits of exposure and detail air monitoring and medical
surveillance requirements. They also contain requirements
pertinent to the labeling, packaging, transportation, storage and
disposal of hazardous chemicals.

As regards disposal of hazardous chemical substances, the employer

is required to ensure that:

• Such substances are recycled if possible;

• They are placed into containers that prevent the likelihood of
exposure during handling;
• All vehicles, reusable containers and covers which have been in
contact with the waste are cleaned and decontaminated after
use;
• All hazardous chemical waste is disposed of on a site specially
designated for this purpose, in terms of the Environment
Conservation Act and in such a manner that it does not cause
a hazard inside or outside the site concerned;
• All employees employed in the collection, transport and disposal
of hazardous chemical substances, should be provided with
suitable personal protective equipment.

The penalty for contravening the Act is an unspecified fine or

imprisonment for a period not exceeding ten years.
6 NUISANCE AND COMPLAINTS

Odour, dust and smoke nuisances are controlled under the

Atmospheric Pollution Prevention Act 45 of 1965. Scheduled
processes may only take place if a Registration Certificate is
obtained (see previous section on air emissions). The CAPCO may at
any time by notice in writing require the holder of a Registration
Certificate to take steps with respect to the abatement of emissions
to atmosphere (Section 12).

For non-scheduled processes, if as a result of complaints, a local

authority is satisfied that smoke or other product of combustion
constitutes a nuisance, an abatement notice may be served to
prevent a recurrence of the nuisance (Section 17(1)). Any persons
failing to comply with this notice is guilty of an offence and may be
ordered by the court to take steps to prevent a recurrence of the
nuisance (Section 17(4)). If within one month no steps are taken to
prevent the nuisance, the local authority can undertake the work
itself and recover the costs from the perpetrator of the nuisance
(Section 17(7)).

For non-scheduled processes, where dust originating in a dust

control area is deemed to be a nuisance, the CAPCO may, in writing
require the owner, or occupier to adopt the best practicable means
to abate the nuisance (Section 29(1)). Any person failing to comply
with the notice is guilty of an offence (Section 29(4)).
7 ENVIRONMENTAL NOISE

Noise nuisances are controlled by Government Notice 154 of 10

January 1992, published under the Environment Conservation Act No
73 of 1989. Local authorities can apply to DEAT to enforce noise
regulations in their areas of jurisdiction. It prohibits noise nuisance,
disturbing noise, describes the use of measuring equipment and
gives allowed vehicle noise levels. Many municipalities have
adopted noise control regulations.
8 SOIL AND GROUNDWATER

In terms of the Environment Conservation Act No.73 of 1989, where

any activity is undertaken that results in the environment being
damaged or detrimentally affected, the Minister or local authority
may require such steps to be taken as may be necessary to ‘clean-
up’ the environment, the costs of which may be borne by the person
concerned (Section 31).

Although no regulations exist which prescribe the method of and

targeted clean-up levels for pollutants of soil (and groundwater),
DWAF recommends the application of the Dutch Ministry of Public
Housing, Land-Use and Environment Guidelines as good practice.

In terms of the National Water Act (No. 36 of 1998) it is the

responsibility of an owner of land, a person in control of land or a
person who occupies or uses land, to take all reasonable measures
to prevent the pollution of a water resource from occurring,
continuing or recurring. The Act does not define “reasonable
measures” but suggests that these may include measures to:
• Cease, modify and control any act causing pollution;
• To comply with any prescribed waste standard or management
practice;
• Contain or prevent the movement of pollutants;
• Eliminate any source of pollution;
• Remedy the effects of pollution;
• Remedy the effects of any disturbance to the bed and banks of a
watercourse.

If the measures are not taken, DWA&F may intervene and do what is
necessary to prevent pollution or remedy its effects and may
recover all reasonable costs jointly or severally from the following
persons:

• Anyone responsible for, or who directly or indirectly contributed

to the pollution, or potential pollution;
• The owner of the land at the time when the pollution or potential
pollution occurred;
• Anyone in control of land or with the right to use the land at the
time when the activity or process was undertaken or the situation
came about;
• Anyone who benefited from the measures undertaken by the
authorities to prevent of clean-up the harm, to the extent of
such benefit;
• Anyone who negligently failed to prevent the activity or process
from being undertaken.

The National Environmental Management Act (No. 107 of 1998)

prescribes a duty of care for the environment and the remediation of
environmental damage. Accordingly, every person who causes, has
caused or may cause significant pollution or degradation of the
environment must take reasonable measures to prevent such
pollution or degradation form occurring, continuing or recurring
(28(1)). The Act defines pollution broadly as any change in the
environment caused by substances, radioactive or other waves, or
emissions of noise, odours, dust or heat.
Certain measures to prevent or rectify pollution or degradation are
described (28(3)). These include:

• Impact assessment;
• Informing and educating employees about the environmental
risks of their work and ways of minimizing these risks;
• Ceasing, modifying or controlling actions which cause
pollution/degradation;
• Containing or preventing the movement of pollutants;
• Eliminating the source of pollution;
• Remedying the effects of the pollution.

The DEAT authorities may direct any person to rectify or remedy a

potential or actual pollution problem. If such a directive is not
complied with, the authorities may undertake the work and recover
the costs from the responsible party. The responsible party may
include the owner, anyone in control of the land at the time, or
anyone who negligently failed to prevent the pollution or
degradation from occurring.
9 ASBESTOS

The Asbestos Regulations of 2002 replace those of 1989. The

Asbestos Regulations of 2002 affect any employer whose employees
may come into contact with asbestos in the work place. Asbestos is
defined as the following minerals: Amosite, Chrysotile, Crocidolite,
Fibrous actinolite’ Fibrous anthophylite, Fibrous tremolite and any
mixture containing any of these minerals. Asbestos dust means any
airborne or settled dust, which contains or is likely to contain any of
these regulated asbestos fibres

In terms of the regulations, no employer shall require or permit any

employee to work in an environment in which he would be exposed
to asbestos in excess of the exposure limit. Asbestos areas should
also be zoned and steps should be taken to avoid exposure to
asbestos dust.

Every employee who works with asbestos containing materials

should be trained in asbestos hazards, the precautions to be taken
and the use of safety equipment by a competent person. In
addition, the employer at a facility where there is any exposure, or
possible exposure to asbestos, must arrange for a formal
assessment of their facility in consultation with health and safety
representatives (or the health and safety committee). The
assessment must cover, inter alia, the following:

• The presence of any material containing asbestos being

processed , handled or stored;
• Ease with which asbestos dust may be released and the
extent to which a person may be exposed;
• The nature of the work, process and any likely deterioration
in, or failure of, any control measures;
• The details of expected exposure in relation to prescribed
OEL;
• Steps to be taken to reduce occupational exposure, and the
release of asbestos dust into the environment, to the lowest
level reasonably practicable;
• Emergency procedures and procedures for the removal and
disposal of asbestos waste.

Control measures must be introduced by the employer, based on

the results of the assessment. These assessments must be
undertaken at intervals not exceeding two years and should be
reviewed in response to one or more of the following
circumstances:

• If there is reason to believe that the previous assessment is

no longer valid;
• Control measures are no longer efficient or technological or
scientific advances allow for more efficient control measures;
 • There has been a significant change in work methods, the
type of work or the type of equipment used to control
exposure.

The regulations also require that any employer which uses, handles
or processes asbestos or waste materials containing asbestos must
take steps to ensure that all loose asbestos and waste that is likely
to release dust whilst in storage or being transported or distributed,
is kept in closed receptacles that prevent the escape of asbestos
dust. The receptacles must carry an appropriate health warning and
be clearly labeled, identifying the contents as asbestos. For the
demolition of asbestos containing structures, a plan of work is to be
drafted and submitted to the divisional inspector of the Department
of Labour for approval 30 days in advance of the work.
10 POLYCHLORINATED BIPHENYLS

There is no national, provincial or local legislation in South Africa

pertaining specifically to polychlorinated biphenyls, although the
South African National Standards Code 10228 classifies
polychlorinated biphenyls as a Class 1 toxic hazard. The preferred
method of disposal is high temperature incineration, although
encapsulation and land co-disposal is allowed.

Note: In South Africa, PCB’s were widely used as an additive to

electrical/transformer oils up until the early 1980’s.
11 OZONE DEPLETING SUBSTANCES

South Africa is signatory to the Montreal Protocol, however there are

no laws on ozone-depleting substances. Accordingly to Protocol
obligations chlorofluorocarbons (CFCs), halons, carbon tetrachloride,
and methyl chloroform were phased out by 2000 (2005 for methyl
chloroform).
Initially South Africa was classified as a developed country and
subsequently reclassified as developing. South Africa consequently
does not have to contribute to the Multilateral Fund and a grace
period on use of methyl bromide has been granted until 2010.
12 RADIOACTIVE SUBSTANCES

The National Nuclear Regulator Act (Act No 47 of 1999) aims to

safeguard workers and members of the public against nuclear
damage during conditions of normal operation and in the event of
accidents. In addition, the regulatory process safeguards both
present and future generations through the application of annual
dose limits and the principle of ensuring that radiation exposures are
kept “as low as reasonably achievable” (ALARA).

The applicant for a nuclear authorisation (e.g. nuclear installations

license, certificate of registration or exclusion) is required to submit
a safety case demonstrating how the NNR safety standards will be
met. The submission is then subjected to a detailed review by the
NNR. If it is deemed acceptable, conditions are formulated for its
inclusion in the nuclear authorisation, which will ensure that facilities
are properly constructed, commissioned, operated and
decommissioned. The holder of a nuclear authorisation bears the
primary responsibility for ensuring the safety of workers and
members of the public living around its installation. This is achieved
by compliance with the conditions of the nuclear authorisation
issued to the facility.

Nuclear damage is defined in the National Nuclear Regulator Act (Act

No 47 of 1999) and includes any injury, sickness, disease or death or
other damage arising from the ionising radiations associated with
radioactive materials or the generation of nuclear energy. Nuclear
damage also includes damage to property or the loss of use of
property, e.g. due to contamination by radioactive materials. The
holder of a nuclear installation licence is liable for all nuclear
damage arising during the period of responsibility.
13 HEALTH AND SAFETY ISSUES

13.1 Operational Risk Assessment

In accordance with the requirements of the Hazardous Chemical

Substances Regulations in terms of the Occupational Health and
Safety Act (No. 85 of 1993) a risk assessment should be conducted
to determine employees exposure to chemical substances. The risk
assessment report should contain information on all substances
used on the premises no matter how small the quantity. The
Occupational Health and Safety Act and the Hazardous Chemical
Substances Regulations require that all hazards be identified and
assessed. It is important for the companies to keep records of the
process followed and the factors evaluated when determining the
risk of exposure to different chemical substances kept at the facility.
After assessing the risk the need for air and biological monitoring
should be determined, depending on the types of chemical
substances employees are exposed to. Employees should also be
trained on the dangers posed by these chemical substances.

13.2 Recordable Accidents and Incidents

In terms of the Occupational Health and Safety Act (No. 85 of 1993)

the employer must, as soon as possible after an incident, inform
health and safety representatives about the occurrence. An incident
is an event that occurs at the workplace where a person is killed,
injured and becomes ill as a result of their work activities. Any
major incident or near miss must be reported within 48 hours to the
chief inspector, the relevant local government and the provincial
director. Within seven days following, a report must be submitted to
the same three authorities. It is also required that near misses be
investigated and a register of such occurrences be kept on site and
made available for inspection. If the incident was related to a
particular substance, the supplier of that substance must be
informed.

The General Administrative Regulations (R. 6, 8, 9) issued in terms

of this Act also provide for the reporting of incidents, recording and
investigation of incidents and witness to an enquiry.

13.3 Workers Compensation

This Compensation for Occupational Injuries and Diseases Act 130 of

1993 governs the reporting and compensation for all injuries and
occupational disease, excluding miners with occupational lung
disease). The Act replaces the Workmen’s Compensation Act (1941),
introducing extended cover to seaman or airmen employed on a
South African ship or aircraft. The main function of the Act is to
ensure that, in the event of an accident/death/occupational injury or
disease, the employee receives payment of medical expenses, leave
 for temporary disability, compensation for permanent disability, and
death benefits. Included in the Act is a schedule of compensable
occupational disease. The compensation system is administered by
the State but funded by employer premiums. It provides for
mandatory reporting of all occupational accidents or diseases to the
Office of Compensation Commissioner. Any doctor who treats a
worker for an occupational injury or disease is required to submit the
claim forms and he/she will be recompensed by the Compensation
Fund.

13.4 Safety violations and citations

In terms of the Occupational Health and Safety Act (OHSA), if an

Inspector finds dangerous or adverse conditions at the workplace, he
or she may lay down requirements in one of the following ways:

• Prohibition notice
In the case of potential dangers, an inspector may prohibit a
particular action, process or use of a machine or equipment
by means of a prohibition notice. No person may disregard the
contents of such a notice and compliance must be immediate.
• Contravention notice
If a provision of the Act, or a Regulation in terms of the Act, is
contravened, the Inspector may serve a contravention notice
on the workers or the employer. This can result in immediate
prosecution in the case of a contravention of the Act, but with
regard to the contravention of a Regulation the guilty party
may be given time (usually 60 days) in which to rectify the
non-compliance.
• Improvement notice
Where the health and safety measures instituted do not
satisfactorily protect the well being of the workers, the
Inspector may require the employer to bring about more
effective measures. An improvement notice which prescribes
the protective measures is then served.

To enable the inspector to carry our his or her duties, he or she may
enter any workplace or premises where machinery or hazardous
substances are being use and question or serve a summons on
person to appear before him or her. The Inspector may also request
that any documents be submitted to him or her, investigate and
make copies of such documents, and demand an explanation
regarding any entries. The Inspector may also investigate any
condition or article and take samples where appropriate, and seize
anything that may serve as evidence. The employer and employees
are obligated to co-operate with the Inspector although it should be
noted that the powers of the Inspector are not absolute and any
person who disagrees with any decision taken by the Inspector, may
appeal in writing to the Chief Inspector, Occupational Health and
Safety, Private Bag X117, Pretoria 0001).
 If a worker does something that, in terms of OHSA, is an offence, the
employer is responsible for that offence, and he or she can be found
guilty and sentenced for it, unless the employer can prove that:

• He or she did not give consent;

• He or she took all reasonable steps to prevent it;
• The worker did not act within the scope of his or her competence,
i.e. that the worker did something which he or she knew he or she
should not have done. This also applies to a mandatory of an
employer (for e.g. a sub-contractor) unless the parties agree
beforehand in writing on how the mandatory will comply with the
provisions of the Act.

13.5 Training

Training requirements are included in the OHSA and the various

regulations issued in terms of this Act, including the General Safety
Regulations R. 2(5), 3(5), 7(b), 9(1)(a), Environmental Regulations
for the Workplace R. 7( 9), Driven Machinery Regulations R. 18(11),
Regulations for Hazardous Chemical Substances R. 3, 4, 10(2)(f) and
Regulations for Hazardous Biological Agents R. 4, 5, 10(2)(d).

13.6 Emergency Preparedness

The requirement for emergency response procedures are outlined in

various regulations issue in terms of the OHSA, including the Major
Hazard Installation Regulations (R. 6) and Environmental Regulations
for the Workplace (R. 8 and 9).

Section 30 of the National Environmental Management Act No. 107

of 1998 also sets out specific duties in the case of emergency
incidents. An “incident” is defined as an unexpected occurrence,
including a major emission, fire or explosion leading to serious
danger to the public or potentially serious environmentally pollution,
whether the effects are immediate or delayed (30(1)(a)).

“Responsible” persons may include:

• the person who caused the incident

• the person who owns the hazardous substance involved in the
incident; or
• the person in control of any hazardous substance involved in the
incident at the time of occurrence. (30(1)(b)).

A number of requirements for the reporting of the incident and

actions to deal with the effects of the incident are prescribed in
Sections 30(3, 4 and 5). Where the responsible person fails to fulfil
these requirements, they will be directed to do so by the authorities.
If there is confusion regarding the identification of the responsible
party the authorities may take reasonable measures to deal with the
 incident and recover all reasonable costs incurred jointly or
severally.

13.7 Process Safety Management.

Major Hazard Installation Regulations (Gazette No. 22506, 30 July

2001, as amended) issued in terms of the OHSA “apply to
employers, self employed persons and users, who have on their
premises, either permanently or temporarily, a major hazard
installation or a quantity of substance which may pose a risk that
could affect the health and safety of employees and the public”.

In terms of the Regulations, risk assessments are required at

intervals of 5 years following consultation with health and safety
representatives /committees. The assessment must be submitted to
the chief inspector, relevant local government and the provincial
director. The risk assessment is described as a process of collecting,
organizing, analyzing, interpreting, communicating and
implementing information in order to identify the probable
frequency, magnitude and nature of any major incident which could
occur at a MHI , and the measures required to remove, reduce or
control the potential causes of such an incident. Such risk
assessments must be undertaken by an Approved Inspection
Authority and be made available to employees and for inspection by
an inspector. A list of inclusions for the risk assessment is prescribed
as well as circumstances subject to which the assessment should be
reviewed. Such circumstances include the activation of the
emergency response plan or after any near miss. A “near miss” is
defined as any unforeseen event involving one or more hazardous
substances that, but for mitigating effects, actions or systems, could
have escalated into a major incident. In the case of rolling stock in
transit, the contents of the risk assessment may differ provided the
assessment is applicable and heeds public health and safety
considerations.

13.8 Fire Protection

Fire protection and prevention is controlled through a range of

legislation including the OHSA and its various regulations, the
National Building Regulations and the municipal by-law on the
storage of flammable substances.

13.9 Other Health and Safety Issues

13.9.1 Housekeeping/Aisles/Exits/Signage

Housekeeping is principally controlled by the OHSA (Sections 8 (1) a

– j) and its regulations including the Environmental Regulations for
the Work Place (R. 6 (1)(2) b – f), the Facilities Regulations (R. 9) and
the National Building Regulations. In addition, the Employment
Equity Act (Section 1.11.4) provides for access for disabled people.
 The storage of substances is controlled by various SABS codes of
practice, including SABS code 089 for the “handling, storage, and
distribution of petroleum products”.

13.9.2 Medical Monitoring and First Aid

This is dealt with in Section 3 of the General Safety Regulations in

terms of OHSA. Accordingly at least 1 qualified first aider should be
available for every 50 or part of 50 employees. All first aiders should
be knowledgeable about the dangers posed by the chemical
substances used on the premises and the procedure to be followed
when treating cases of over exposure. A first aid box must be held
on site and a list of items that, at minimum, must be in the first aid
box is defined in an appendix to the Regulations.

13.9.3 Personal Protective Equipment

The General Safety Regulations also define generally what the

employer must do, as a minimum, to ensure that the work
environment is safe and does not pose a risk to employees.

There is a general duty for the employer to undertake the following:

• Provide and maintain all equipment that is necessary to do

work required, and all the systems according to which work
must be done, in a condition that will not affect health and
safety of workers.
• Before personal protective equipment may be used, the
employer must attempt to remove or reduce the hazard
posed to the health and safety of employees. Only when this
is not practicable should personal protective gear be used.
• Take measures to protect the health and safety of workers’
against risk that may result from production, processing use
handling, storage or transportation of articles and substances.

To ensure fulfillment of these obligations the employer must:

• Identify potential hazards, which may be present while work is

being done, articles or substances is being produced,
processed, used, stored or transported and any equipment is
being used.
• Establish the precautionary measures that are necessary to
protect workers against the identified hazards, provide means
to implement these precautionary measures and not permit
anyone to continue with any task unless the necessary
precaution measures have been implemented.
• Provide the necessary information, instructions, training and
supervision (based on the individual worker’s competence).
• Ensure that the work being done and equipment used is under
general supervision of a worker who has been trained to
understand the hazards associated with the work and who has
 the authority to ensure that the precautionary measures are
enforced.
• Take steps to ensure that every person under his or her
control understands and complies with the requirements of
the Act.

13.9.4 Manual Handling

Not clear on the legislative requirements.

13.9.5 Contractor Safety

If a worker does something that, in terms of OHSA, is an offence, the

employer is responsible for that offence, and he or she can be found
guilty and sentenced for it, unless the employer can prove that:

• He or she did not give consent;

• He or she took all reasonable steps to prevent it;
• The worker did not act within the scope of his or her
competence, i.e. that the worker did something which he or
she knew he or she should not have done.

This also applies to a mandatory of an employer (for e.g. a sub-

contractor) unless the parties agree beforehand in writing on how
the mandatory will comply with the provisions of the Act.

13.9.6 Hazard Communication

In terms of Section 8 of the OHSA, an employer must:

• Identify potential hazards, which may be present while work is

being done, articles or substances is being produced,
processed, used, stored or transported and any equipment is
being used.
• Establish the precautionary measures that are necessary
to protect workers against the identified hazards, provide
means to implement these precautionary measures and
not permit anyone to continue with any task unless the
necessary precaution measures have been implemented.
• Provide the necessary information, instructions, training and
supervision (based on the individual worker’s competence).
• Ensure that the work being done and equipment used is under
general supervision of a worker who has been trained to
understand the hazards associated with the work and who has
the authority to ensure that the precautionary measures are
enforced.
• Take steps to ensure that every person under his or her
control understands and complies with the requirements of
the Act.
13.9.7 Health and Safety Audits & Monitoring

As above

13.9.8 Product Stewardship

No specific legislative requirements but most larger companies do

have policies on product stewardship and the “cradle to grave”
principle is defined in the National Environmental Management Act
(NEMA) and the National Water Act (NWA). Aspects around this will
also be covered by our common law.

13.9.9 Transportation Safety

The Regulations for the Transport of Dangerous Goods (August

2001)
has shifted the responsibility for transport of hazardous substances
from the Department of Health (in terms of the Hazardous
Substances Act, No. 15 of 1973) to the Department of Transport.
The Regulations cover the transportation of dangerous goods in both
bulk and packaged form, in excess of the exempt quantity allowed
for the specific goods or substances, as opposed to the Hazardous
Substances Act, which only required compliance for substances
transported in bulk road tankers in excess of 500 litres.

The revised regulatory requirements require both heavy and light

vehicles transporting dangerous goods in bulk or packaged form to
be labelled with the appropriate placarding and to carry the certain
documentation/ authorisation .

The Regulations are structured around SANS (South African National

Standards) and Codes of Practice which are incorporated in Chapter
VIII of the National Road Traffic Act. The relevant SANS codes include
SANS 10228, SANS 10229, SANS 10233, SANS 1518, SANS 10230,
SANS 10232 Part 1 and SANS 10232 Part 3.
14 ENVIRONMENTAL ASSESSMENT

Environmental Impact Assessments (EIAs) are a permitting

requirement in South Africa, administered at a provincial level
through the government environmental departments. Requirements
are specified in both the National Environmental Management Act
(NEMA) and, more specifically, in the EIA Regulations under the
Environmental Conservation Act (ECA). The latter Act is due to be
repealed and new EIA Regulations are being drafted in terms of
NEMA.

The ECA and NEMA both make provision for the declaration, by the
Minister, of certain activities that may not be undertaken without
consideration of environmental impacts. Regulations in terms of this
provision were promulgated in 1997 (the EIA Regulations) that list a
number of activities which could have a detrimental affect on the
environment.

The required environmental assessment process is divided into three

broad components:

• An application to the provincial environmental department

• A Scoping Study
• A full EIA.

The application and initial Scoping investigations are mandatory,

even if the proposed development is exempted from the subsequent
detailed Scoping and/or EIA components. For developments that will
have potential impacts, but these may be mitigated, an initial
Scoping process is sufficient basis for a decision on behalf of the
authorities. The Scoping process focuses on public participation and
the identification of issues and concerns. Large developments with
significant impacts would require a full EIA which would involve
specialist studies.

A development that is covered by the list of activities may not

proceed in the absence of a Record of Decision (ROD) from the
relevant provincial environmental authority. The ROD does not
exempt the developer from conforming to other environmental legal
and permitting requirements, including land-use planning, water
use, atmospheric emissions, wastewater disposal, solid waste
disposal, hazardous waste disposal, storage of hazardous
substances etc.

A stringent legal requirement of the environmental assessment

process is the consultation of interested and affected parties. This
must be done through advertising and other suitable consultation
techniques such as dissemination of documentation, meetings,
telephonic contact etc. All concerns raised by interested and
affected parties (which would include members of the public) must
be recorded in the Scoping Study.
The function of the Scoping Study is to guide the authorities towards
making a decision in the best interest of the affected environment,
taking social, economic and biophysical factors into consideration.
The consultant has to sign a declaration of independence and cannot
act in the exclusive interests of the client.
15 PIPELINES

The following acts would be relevant to pipelines:

• Mineral Act (Act No. 50 of 1991)

• Petroleum Pipelines Bill (March 2003)
• Mineral and Petroleum Resources Development Act (2002)