Last week the Tribune discussed the general objectives of the Nema (National Environmental Management Act) and listed activities for which authorisation is required.  It should be noted that persons or companies who have engaged in listed activities without the required authorisation may ex post facto apply for such authorisation, but they would have to pay an administrative fine of up to R1 million before such application would be considered. Apart from such a fine, criminal prosecution may still be instituted.
Chapter 7 of this Act stipulates that every person who cause, has caused or may cause significant pollution or degradation of the environment, must take reasonable measurements to prevent such pollution or degradation and to rectify it.  This obligation includes an owner of land or premises, a person in control thereof or the person who has a right to use the land or premises.  The measures to implement in order to comply with this obligation, include but are not limited, measures to investigate, assess and evaluate the impact on the environment, to inform and educate employees about the environmental risks of their work and the manner in which their tasks must be performed, to avoid causing pollution or degradation of the environment, to cease, modify or control any act which is the cause of the pollution or degradation, to eliminate the source of pollution and to remedy the effects of the pollution or degradation.  Failure to comply with the said provisions may result in the governmental department issuing a directive against such a perpetrator and or, take remedial steps to prevent the pollution and to recover such costs from the perpetrator.
A person who unlawfully and intentionally or negligently commits any act or omission which causes, or is likely to cause pollution or degradation of the environment, could face prosecution and upon conviction, be fined up to R1 million or be jailed.  LM