The Constitution of South Africa I, (the Constitution) envisages in the Bill of Rights that: Everyone has the right -(a) to an environment that is not harmful to their health or well-being; and (b) to have the environment protected. for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; II. promote conservation; and III. secure ecologically sustainable development and use of natural resources while promolingjuslifiable economic and social development.3 There are other statutes that support the Constitution. for example, the National Environmental Management Act (NEMA).4 This Act states in its preamble that : " Whereas many inhabitants of South Africa live in an environment that is not harmful to their health and well being everyone has the right to an environment that is not harmful to his or her health or well being; and everyone has the right to have the environment protected, for the benefit of present and futu re generations, through reasonable legislative and other measures that prevent pollution and ecological degradation ... Both the Constitution and NEMA are not only concerned with the environment but also with the health and well·being of South Africans. The World Health Organization (WHO) has defined health, as ' more than the absence of disease and infirmity, it is a state of complete physical, mental and social well-being.' Environmental health in broad term is concerned with factors in the environment associated with health, well-being and disease, including physical, chemical and biological conditions. / Thesis (LL.M)-University of Durban-Westville, 2001.

The growth of industrialization has increased waste pollution, especially water pollution. Industries and individuals produce pollutants that are discharged into waters. Uncontrolled water pollution results in health hazards to human beings, animals and other living things. Thus there is a need to impose water pollution control measures which can reduce pollution to an extent where very little pollutants are discharged into waters. Many states have enacted statutes for controlling water pollution, as they believe this is the best way to impose measures to achieve the safety of waters. Legislations impose measures, such as a permit and its conditions, that must be respected to discharge pollutant or trade effluent into waters, otherwise the discharger becomes a polluter and liable to criminal sanctions. Statutes create offences and penalties for water polluters. They provide fines or imprisonment, or both, and severely punish a subsequent offender. In most countries, a continuing offence is criminalised. Corporations, as well as corporate officers, are punished for the offence of polluting waters or other environmental crimes. This is because environmental law does not allow corporate officers to hide behind the legal structure of the corporation. Some measures such as remediation or clean-up orders are implemented before a prosecution is engaged, in order to ensure the protection of the environment. Environmental audit or service orders emphasise the protection of the environment and may prevent future pollution of waters. Environmental service orders rectify one of the criticisms of fine or imprisonment, in that they fail to restore the environment to its previous condition. Most environmental crimes are caused not by a deliberate intention or negligence, but by poor or ineffective management systems. As a result, environmental audit orders may be used to detect and correct an inappropriate management system. Environmental law should be a user-friendly and prosecution must be used as a last resort. This dissertation examines offences and penalties for water pollution in South Africa, the United Kingdom, the United States of America and Australia and offers a comparative analysis and recommendations for South Africa. These countries have been selected not only because they are developed and tend to have best laws, but they are also located in different continents. The examination and analysis of how they provide offences and penalties for water pollution gives a chance to South Africa to find recommendations on how it may improve its legislation and maintain its water quality. / Thesis (LL.M)-University of KwaZulu-Natal, Pietermaritzburg, 2008

The origins of marine salvage law may be traced to a code of Rhodian Sea laws promulgated in 500BC. Presently, while salvage law retains the foundations of this early codification, it has undergone a complete metamorphosis in order to adapt to changing circumstances and new challenges of the 20th and 21st century. Over the past few decades there have been many major oil spills. When they occurred each spill, for different reasons was declared as the most environmentally damaging. In their wake, they leave a trail of death and destruction of the eco-system. As public concern for and awareness of the marine environment increases, governments and salvors face increased pressure to avert wide-scale pollution. In these instances, the stakes are high and the necessity and effectiveness of professional salvage only too clear. This study investigates the role played by the professional salvor and considers how the developments in the law have impacted upon the salvor's role in salvage operations. This work has its genesis with this background in mind. It is essentially a study of the changes and developments in the law of Marine Salvage. The law relating to salvage is dynamic and international in nature. Dynamic in that it needs to adapt to new economic and environmental factors. This study examines and explains how these economic and environmental factors impacted upon and necessitated changes to the law of salvage. It is international, in that salvage operations invariably involve parties from different countries. In some instances of large-scale pollution disasters the physical environment affected may encompass different countries/waters. At times the discussion into the practical aspects of the salvage operations, salvage tugs and the industry as a whole has a tendency to become rather technical. For this I make no apology, for the world of marine salvage has totally fascinated and captured my attention. In the international context the law relating to Salvage may be found in the International Convention on Salvage 1989. Many countries have ratified the convention and have subsequently enacted their own statutes based on the provisions of the Salvage convention. Other countries like South Africa have chosen not to ratify the convention and have formulated their own Statutes relating to the salvage. The salvage laws of the United Kingdom are perhaps mostly widely used. Its popularity may be attributed to London being the salvage arbitration capital of the world as well as the influential use of LOF in salvage operations which stipulates English law as the lex contractus. The United Kingdom has ratified the International Salvage Convention and enacted the Merchant Shipping (Salvage and Pollution) Act 1994 which gave effect to the provisions of the convention. The current statute regulating Salvage is the Merchant Shipping Act of 1995. The principal focus of this work will be English law, as applied in the United Kingdom as well as South African law. Passing reference is also made to the provisions of American law where relevant. / Thesis (LL.M.)-University of Natal, Durban, 2003.

Thesis (PhD)--Macquarie University, Graduate School of the Environment, 2001. / Bibliography: p. 10-1 to 10-23. / An overview of contaminated land issues -- Land contamination law -- The impact of environmental planning on contaminated land value -- Identification and management of contaminated land -- Contaminated land valuation method - an overview -- Current stigma assessment methods -- Suggested method for stigma assessment -- General conclusion. / This dissertation is about the valuation of contaminated land and the problem of stigma. The value of contaminated land is to a large extent affected by statutory regulations. Stigma, if it exists, is another factor that has significant impact on contaminated land value. This thesis looks at the relevant laws governing contaminated land in Australia. It also introduces an alternative method to assess the stigma factor. -- Contaminated land is a major environmental problem. Apart from causing actual or potential threats to human health and the environment, contaminated land also leads to legal liabilities and financial losses to the landowner. Regarding financial losses, they may be costs to meet legal requirements in relation to clean up and long term monitoring expenses. In addition, they may be losses due to a drop in market value and/or rental of the property, longer vacancy periods, high remediation and monitoring costs. In the extreme case, the property may lose marketability completely. -- Regarding valuation methods, most valuers use traditional valuation methods with arbitrary adjustments. The most straightforward method is the impaired value (affected value) approach. It requires the valuer to assess the property on a clean land basis. From the unimpaired (clean) value, other financial losses due to contamination, remediation costs and stigma value loss are deducted to get the impaired value. The most difficult part is to quantify stigma impact. The existing stigma assessment methods are not satisfactory. Alternative and non-traditional methods are available. However they are academic and are not suitable for day-to-day operation of a valuer. This thesis suggests a multi-criteria decision-making model to assess stigma impact. The target stigma factor is obtained by processing the relevant criteria with the Analytic Hierarchy Process (AHP) method. The best alternative from the model is the reasonable stigma factor for the property. / Mode of access: World Wide Web. / various pagings ill. (some col.)

Ann F. Friedlaender, editor. / Includes index.

All mine dumps are a point source of either physical, chemical or both forms of pollution. Physical pollution includes the physical site coverage of the dump, slumping of parts of the dams and dust that may originate from it (air pollution). Chemical pollution from, or related to the mine dumps include the dominant acid drainage (which contains heavy metals), radioactivity, electromagnetic radiation, noise and chemicals released from the mineral processing stage. In one way or the other, exposure to these pollution forms is detrimental to the human health and his environment. It is this fact that urges the public, government and the responsible mining companies to find ways of monitoring the pollution and stopping it, preferably at the source. Where it can not be stopped, techniques of reducing it, or containing it have been, and are still being developed. Personal protection is the priority. Pollution exposure to the general public is minimised as much as possible. Pollution control techniques that employ less expensive, natural, self-sustaining elements suitable for the environment such as wetlands and vegetation are recommended. The artificial short term and often expensive alternatives are of secondary priority. However, choice of which technique to use is based on the merit of each problem, knowing that chemicals act faster but are effective for a short period as compared to the natural systems. Pollution management is the critical part of the whole process. This involves decision making on courses of action and financial allocation on the part of both the polluter and the monitoring department/agent. The ability to effectively manage pollution programmes is achieved these days with the aid of computers. It is emphasised that pollution control should be handled in an integrated, multi-disciplinary approach manner. This is because pollution is a question of life and death, hence every individual remains accountable to it. Keeping the public and the concerned parties educated, informed and welcoming their concerns on the environmental issues related to the mine dumps generated in a mining venture is essential in the modern days of environmental public awareness, or otherwise face the public lath.

Thesis (M. Dev.) -- University of Limpopo, 2016 / This mini-dissertation deals with the legal analysis of the prohibition of marine pollution. It is found that the harmful effects of marine pollution on the marine ecosystem, human health and the economy is a problem that needs to be solved immediately. International Conventions and different legislation have been drafted in order to regulate, reduce, mitigate or stop marine pollution. Despite the existence of these conventions and legislation, this problem continues unabated. Large numbers of marine species are known to be harmed and killed as a result of marine pollution. Marine pollution did not receive much attention until many species in the sea and the marine ecosystem faced adverse consequences resulting from marine pollution. Although it has become a global concern, most nations are still producing huge pollution loads. This mini-dissertation analyses the legal framework and the sources of marine pollution, the effects of marine pollution on the marine ecosystem and human health. Furthermore, it makes a comparative analysis between South Africa as developing country and Australia as a developed country in order to determine what South Africa could learn from Australia. The study makes recommendations on how marine pollution can be solved, mitigated or combatted. / National Research Foundation (NRF)

Despite the pollution control provisions provided in national and local legislation that explicitly or implicitly give effect to the polluter pays principle (PPP), certain rivers continue to suffer from persistent industrial pollution. This research focuses on one such river, the Bayne's Spruit, as a case study. The Bayne's Spruit is a small river that is located within an urban catchment, and which has been subjected to wet industrial pollution for over a decade. Much of this pollution is associated with the Pietermaritzburg edible oil industry. This pollution impacts negatively on a downstream community that uses the river for irrigation of subsistence crops, for recreation and for subsistence fish harvesting. The pollution has also severely degraded the riverine ecosystem. This research commenced with a literature review of the PPP in its international, national and local context. It was noted that the current legislative framework for implementation of the PPP with regard to pollution of rivers in South Africa comprises primarily of the National Water Act 36 of 1998 (NWA), the National Environmental Management Act 107 of 1998, and the Pietermaritzburg-Msunduzi industrial effluent bylaws of November 1998. The case study was approached using a largely qualitative methodology, although quantitative data was also relied upon where feasible. The historical context of the case study was provided by conducting a review of newspaper reports, a review of. government inspection records, and a review of water quality data (including biomonitoring and chemical data). The current status of the Bayne's Spruit was then explored by conducting in-depth historical interviews with community members, and by conducting direct observation of the environmental status of the Bayne's Spruit. This data was supplemented by an analysis of the test results of sampled industrial effluent, and by information obtained from representatives of two edible oil companies. In-depth, purposively selected interviews were conducted with various role players. (local government, regional government and industry) to identify what factors are preventing the successful implementation of the PPP in the case study area. Factors identified include a lack of environmental ethic within the edible oil industry, with some of these companies free riding on the Bayne's Spruit to maximize their profits. At a local level, factors preventing implementation of the PPP include deficiencies in the local industrial effluent bylaws, failures to administer and implement provisions contained in the bylaws, capacity restrictions and institutional paralysis. National legislation is not being successfully implemented because the government agency empowered under the NWA is deferring primary responsibility for dealing with pollution to the local authority. Factors also include difficulties associated with monitoring of rivers, including lack of capacity to engage in monitoring, and confusion over the functions of the various spheres of government. Finally, enforcement complexities are a major factor preventing successful implementation of the PPP. These problems relate to inadequate penalties, enforcement arrangements, capacity problems, separation of authority to operate the municipal sewer works and to enforce the industrial effluent bylaws, difficulties in identifying the offending polluter (causation), problems with access to company premises, the open access character of the storm water drainage system, previous failed prosecutions and reliance on the criminal justice system. / Thesis (M.Sc.)-University of Natal, 2002.

published_or_final_version / Environmental Management / Master / Master of Science in Environmental Management

published_or_final_version / Environmental Management / Master / Master of Science in Environmental Management