South African Environmental Legislation (16c) Flashcards

1
Q

Environment in terms of NEMA?

A

= the surroundings within which humans exist.

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2
Q

Environment components?

A

• Land.
• Air.
• Water.
• Plant & Animal life.
• Aesthetic & Cultural aspects that affect human well-being.

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3
Q

2 things to note in the environment definition?

A

• Human-centred.
• Breadth width/Range.

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4
Q

“Land” laws to consider? (3)

A

• NEMA.
• NEMPAA.
• SPLUMA.

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5
Q

“Air” laws to consider? (3)

A

• NEMA.
• NEMAQA.
• Carbon Tax Act.

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6
Q

“Water” laws to consider? (3)

A

• NEMA.
• NWA.
• NEMICMA.

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7
Q

“Plant & Animal life” laws to consider? (3)

A

• NEMA.
• NEMBA.
• NEMPAA.

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8
Q

“Aesthetic & Cultural aspects” laws to consider? (3)

A

• NEMA.
• NHRA.
• World Heritage Convention Act.

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9
Q

SPLUMA?

A

Spatial Planning & Land Use Management Act.

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10
Q

NEMA?

A

= principal environmental statute that mainly focuses of sustainable development.

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11
Q

SEMA?

A

Specific Environmental Management Acts.

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12
Q

Principles for environmental decision-making? (7)

A

• EIA regime.
• Duty of care.
• Emergency situations & incidents.
• Compliance & enforcement via Environmental Management Inspectors.
• Criminal provisions.
• Appeals.
• Legal standing & protection from costs for public interest litigation.

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13
Q

SEMAs under NEMA? (6)

A

• NWA.
• NEMWA.
• NEMAQA.
• NEMBA.
• NEMICMA.
• NEMPAA.

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14
Q

NEMWA aim?

A

Lists waste management activities that require a waste management licence or compliance with norms & standards.

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15
Q

Holders of waste?

A

= people who import, generate, store, accumulate, transport, process, treat or export waste.

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16
Q

NEMAQA aim?

A

Establishes a system for managing air quality in South Africa.

17
Q

What does NEMAQA system include? (6)

A

• National strategy & implementation plan.
• Gathering & analyzing air quality management information.
• Institutions & officials that implement the system.
• Empowers National/Provincial minister to declare priority air pollutants.
• Ambient air quality standards.
• Minimum emission standards.

18
Q

Egs of Emission from point sources?

A

Residential chimneys.

19
Q

Eg of emissions from non-point sources?

A

Mining.

20
Q

Eg of emissions from mobile sources?

A

Diesel-powered vehicles.

21
Q

Types of emission sources? (3)

A

• Point sources.
• Non-point sources.
• Mobile sources.

22
Q

Which Act regulates Climate Change in SA?

A

NEMAQA.

23
Q

3 Key Acts dealing with biodiversity?

A

• NEMBA.
• NEMPAA.
• NHRA.

24
Q

NEMBA aims? (4)

A

• Management & conservation of biological diversity.
• Give effect to CITES & CBO.
• Ensure sustainable biodiversity use.
• Establish SANBI.

25
Q

Biodiversity according to NEMBA?

A

= involves genetic diversity, species diversity & ecosystem diversity.

26
Q

NEMPAA aims? (5)

A

• Effect a system of protected areas.
• Promotes sustainable utilisation & conservation of protected areas and biodiversity.
• Preservation of the ecological character of protected areas.
• Promotes participation of local communities in management of protected areas.
• Provide for the continued existence of National Parks.

27
Q

Who does NEMPAA establish as the public trustee of SA’s protected areas?

A

The State.

28
Q

One Environmental System year?

A

2014.

29
Q

One Environmental System results? (3)

A

• NEMA environmental authorisation is now required for mining.
• Administed, decided & compliance is enforced by DMRE.
• Appeals to Minister of Environment.

30
Q

DMRE?

A

Department of Mineral Resources & Energy.

31
Q

What does the One Environmental System rely on?

A

The cooperation between the environmental department & the mining department.

32
Q

MPRDA?

A

Minerals & Petroleum Resources Development Act.

33
Q

What kind of Act is MPRDA?

A

A sectoral act.