Transcript Waste on land - University of the Western Cape

Air Pollution
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Air pollution is the main cause of respitory
diseases among children and along with fresh
water are the greatest contributors to child
illness. Children exposed to Air pollution get
sick more frequently and take longer to recover
(Soweto).
Main contributors to air pollution are energy
sector compounded by climactic conditions eg.
Mpumalanga highveld.
Atmospheric Pollution Prevention
Act
45
of
1965
 Repealed by NEM: Air Quality Act 39 of 2004
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APPA set controls for atmospheric pollution
and noxious gases.
Standard of proof is ‘best practiciable means’ to
reduce or prevent to minimum the escape into
the atmosphere.
Standard subjectively applied by Air pollution
control officer. Flexibility allowed for differing
circumstances and technology advancements.
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However resulted in lack of uniformity.
Sanction for non-compliance was R 500 fine or
6 months in prison and for repeat offenders a R
2000 fine or 1 year in prison.
As a result Min abandoned sanctions and relied
on interdict to enforce compliance.
Minister of Health v Woodcarb.
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Until recently only 1 inspector for KZN and
Free State.
Therefore APPA had to be replaced
National Environmental
Management: Air Quality Act 39
of 2004
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Rational for new Act. Old Act outdated and
inadequate.
Objectives of new Act: Protect environment by
providing reasonable measures for….
Protection & enhancement of air quality in SA
Prevent ecological degradation.
Secure ecologically sustainable development and
generally provide for s 24 Con.
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Minister is required ito chap 2 to adopt national
monitoring and information management
standards.
National Ambient Air Quality standards were set
for co2, sulphur dioxide, lead etc.
Compared to WHO guidelines they are
equivalent.
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Act provides for establishment of National Air
Quality Advisory Commitee.
The standards mentioned above are relevant iro
declared ‘priority areas’. Min or MEC make such
declarations in GG.
The Act also specifies that an Air Quality
Management Plan be used to for priority areas.
Vaal triangle declared priority zone in 2006.
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Regulations for enforcing the plan were
published in 2009 requiring an emissions
reduction strategy by 2014.
Act requires the listing of activities that result in
atmospheric pollution which may have a
detrimental effect.
Listing results in is that activity requires licence.
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Contravention results in 5 million Rand fine or 5
years in prison or both.
In March 2010 Min published list of s 8
activities eg. Combustion installation.
Listed activities have minimum emissions
standards. Term of licence can be varied.
Other measures: pollution prevention plan;
atmospheric impact reports; recognition
programmes; noise control etc.
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Chap 6: Transboundry pollution matters
Responsibility of Minister to address.
Health Act may be used ito nuisance.
Hi Change Investments Case