ENVCHB3 Environmental Laws and Regulations Flashcards

These flashcards provide definitions for the major legislative acts and regulatory concepts discussed in Environmental Laws and Regulations Learning Unit 1.

Legal Hierarchy

The regulatory framework where the higher tiers are more authoritative and general, while the lower tiers are more specific and technical; every lower tier must be consistent with every tier above it up to the Constitution.

Council for the Built Environment Act No. 43 of 2000

An Act that establishes the Council for the Built Environment (CBE), the umbrella statutory body coordinating all built-environment professional councils like engineering and architecture.

Engineering Profession Act No. 46 of 2000

Governs the registration, competence, discipline, and professional conduct of engineers and establishes the Engineering Council of South Africa (ECSA).

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

The umbrella "constitution" of South African environmental law that sets founding principles such as sustainable development, duty of care, and the "polluter pays" principle.

National Water Act No. 36 of 1998

Regulates the use, protection, and management of South Africa's water resources and requires a Water Use Licence for activities like taking, storing, or discharging water.

Carbon Tax Act No. 15 of 2019

Imposes a tax on greenhouse-gas emissions above a set threshold and is jointly administered by SARS and the Department of Forestry, Fisheries and the Environment (DFFE).

Climate Change Act No. 22 of 2024

South Africa's first dedicated climate law which sets national adaptation and mitigation objectives, carbon budgets, and sector emission targets.

National Environmental Management: Air Quality Act 39 of 2004 (NEMAQA)

Regulates air quality and requires an Atmospheric Emission Licence (AEL) for any "listed activity" that emits pollutants into the air.

National Environmental Management: Waste Act 59 of 2008 (NEMWA)

Regulates waste management and minimisation while ensuring the safe disposal of general and hazardous waste.

National Environmental Management: Protected Areas Act 57 of 2003 (NEMPAA)

Governs the declaration and management of formally protected areas, including national parks and nature reserves.

National Environmental Management: Biodiversity Act 10 of 2004 (NEMBA)

Protects biodiversity, threatened ecosystems, and species while also regulating bioprospecting.

Mineral and Petroleum Resources Development Act, 2002 (MPRDA)

Governs the right to prospect for and mine minerals and petroleum resources, confirming the state's custodianship of these resources.

Conservation of Agricultural Resources Act 43 of 1983 (CARA)

Conserves soil, water sources, and vegetation on agricultural land and controls invasive alien vegetation.

National Forests Act 84 of 1998

Protects natural forests and regulates the felling of protected tree species.

Occupational Health and Safety Act No. 85 of 1993 (OHSA)

The core Act setting employer and employee duties for workplace safety, risk assessments, and incident reporting; it serves as the running example in this course.

Mine Health and Safety Act No. 29 of 1996

Governs health and safety specifically within mining, extraction, and processing operations.

Standards Act No. 8 of 2008

Gives the South African Bureau of Standards (SABS) legal authority to set technical design codes like SANS standards.

Patents Act No. 57 of 1978

Governs the registration and protection of new, patentable inventions from being copied.

Copyright Act No. 98 of 1978

Protects original literary, artistic, and technical works such as drawings, reports, and software from unauthorised copying.

SEMAs (Specific Environmental Management Acts)

The family of four Acts under NEMA remembered by the phrase "A Wise Panda Breathes": Air Quality, Waste, Protected Areas, and Biodiversity.

Triple-A Approach

A compliance planning framework composed of Appropriate (Technical), Applicable (Institutional and Legal), and Affordable (Financial) criteria.

Environmental Assessment Practitioner (EAP)

An independent, registered professional appointed to manage the Environmental Authorisation application and produce Screening Reports.

Atmospheric Emission Licence (AEL)

A legal requirement under NEMAQA for plants with boilers, furnaces, or combustion equipment that emit pollutants into the air.