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ENVIRONMENTAL Legislation

No. 24 of the Bill of Rights of the Constitution of South Africa states:

“Everyone has the right
  1. To an environment that is not harmful to their health or well-being; and
  2. To have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that
    1. Prevent pollution and ecological degradation;
    2. Promote conservation; and
    3. Secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.”

Laws to prevent damage to the ENVIRONMENT and Population:

Waste Management:

  • Hazardous Substances Act
  • Health Act 63 of 1977 amended by National Health Act 61 of 2003
  • Environmental Conservation Act 73 of 1989
  • National Environmental Management Act: Air Quality Act 39 of 2004, Atmospheric Pollution Prevention Act 45 of 1965
  • National Water Act 36 of 1998
  • National Environmental Management Act

Water Pollution:

  • National Water Act 36 of 1998
  • SANS 0241
  • National Environmental Management Act 107 of 1998

Air Pollution:

  • National Environmental Management Act 107 of 1998
  • National Environmental Management: Air Quality Act 39 of 2004
  • Atmospheric Prevention Act 45 of 1965
  • By-Laws (varies for each municipality, but in Cape Town the City of Cape Town Air Pollution By-Law is applicable)

Noise Pollution:

  • Environment Conservation Act 73 of 1989 and its amendments
  • By-Laws (varies for each municipality, P.N. 627 of 20 November 1998 is applicable in Cape Town)
  • S.A.N.S. 10103 of 2004 “The measurement and rating of environmental noise with respect to land use, health, annoyance and to speech communication”

General:

In the O.H.S.A. 85 of 1993, Section 8 & 9 it states that the employer has the duty to protect his employees and the public from exposure to health and safety hazards.

The health of the public and the employees can be jeopardised by the already stated pollutants above, thus if an employer does not ensure these, he can be liable to penalties related to breaking the O.H.S.A.

ENVIRONMENT Impact Assessments:

The goal of environmental impact assessments is to maintain environmental sustainability.

Environmental sustainability encompasses:
  • Ecological Sustainability
  • Social Sustainability
  • Economic Sustainability

The main legislation governing the E.I.A. is the National Environmental Management Act, however the E.I.A. makes use of all the legislation mentioned above to ensure that the E.I.A. is done.

Food Safety & Hygiene:

  • Health Act 63 of 1977 amended by National Health Act 61 of 2003
  • R918 of 1999
  • R908 of 2003
  • S.A.N.S. 10049 of 2001
  • S.A.N.S. 0330 of 1999
  • ISO 22000: Food Safety Management Systems
  • The Abattoir Hygiene Act 121 of 1992
  • Meat Safety Act 40 of 2000

Hazard Analysis Critical Control Points (H.A.C.C.P.)

H.A.C.C.P. is a system that identifies, analyses, and controls the hazards that are significant to food safety.

It incorporates all of the above legislation and is becoming a growing trend in the food industry here and abroad, especially for those manufactures that are looking to export the products to other countries which are already making use of this system.

 
Head Office 183 Sir Lowry Road Cape Town 8001
Tel: 021-462 6399 Fax: 021-461 1419
Email: info@h-se.co.za Web: www.u-hsee.co.za