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

The objective of this research is to determine the degree to which the recent antipollution laws will affect the location of industrial plants.

Thesis (LLM. (Development Management Law)) -- University of Limpopo, 2015 / Water is the source of life for human beings, animals and plants also need water for them to grow. The scourge of water pollution in our country due to various reasons is of great concerns and if left unattended will have dire consequences. Uncontrolled water pollution results in health hazards to human beings, animals and other living things. In terms of our Constitution the state as a custodian of all natural resources has a duty to ensure that water as a scarce resource is preserved for the present and future generations. Legislative measures are needed in order to ensure that same prevails. Legislation imposes measure such as a permit and its condition that must be respected by the holder of such permit. Failure to observe the condition of the permit is punishable by law for both corporates and human beings. Most environmental crimes are caused not by a deliberate intention or negligence but by poor or ineffective management systems. Public education is important in ensuring that water pollution does not take place. Authorities must also be strict in ensuring compliance with permits and prevention of water pollution as prevention is better that cure. This dissertation examines water pollution legislation in South Africa, India and the United Kingdom and offers a comparative analysis and recommendations to South Africa. The three countries are developed and also allocated in three different continents. The examination and analysis of how they fight water pollution gives a chance to South Africa on how it may improve its legislation and maintain its water quality.

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

Thesis (M. Phil. (Environmental Law)) -- University of Limpopo, 2013 / This study examines the effectiveness of a particular segment of the legal framework regarding water pollution control in South Africa. A review is conducted of relevant environmental legislation (including the National Environmental Management Act 107 of 1998, the National Water Act 36 of 108) and the Water Services Act and related literature in order to portray the history, scope and content of the water law framework that applies to local authorities in the specific. In order to situate the phenomenon of water pollution in the context of the theoretical review, some observations are included concerning international and domestic developments and phenomena. The theoretical base of this study is furthermore substantiated and supported by the inclusion of a basic case study that portrays the actual challenges facing some local authorities in South Africa in the management and governance of water resources and the combating of water pollution. This study concludes with a set of recommendations towards improved water governance and the combating of water pollution in the local government sphere based on the finding that deficient compliance and enforcement measures remain a real challenge in municipalities’ effective implementation of South Africa’s water law.

No description available.

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

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