Mass balloon releases are illegal in South Africa

05 February 2016

One of the ways in which the National Environmental Management Act, 107 of 1998 (NEMA) gives effect to the environmental right in section 24 of the Constitution  is by imposing a duty of care on every person to take reasonable measures to avoid causing significant pollution or degradation of the environment (NEMA section 28).  The release of a large number of balloons simultaneously is  likely to  result in significant harm to the environment by endangering animals in both terrestrial and aquatic habitats.  It will also deposit litter across  the landscape in contravention of the National Environmental Management: Waste Act (section 27(2)) and municipal bylaws.

 

A person who intentionally or negligently fails to comply with the NEMA duty of care is liable upon conviction to a maximum fine of R10 million or 10 years imprisonment or both.  In addition to any penalty imposed under NEMA , any person  who litters, or allows a person under his or her control to litter, is liable to a maximum fine of R5 million  or 5 years imprisonment, or both,  under the Waste Act.




14 May 2018

Draft Regulations Relating To Protected Disclosures Published For Comment

On 20 April 2018 the Department of Justice and Constitutional Development invited members of the public to submit comments on the proposed draft Regulations Relating to Protected Disclosures (the draft regulations). The draft regulations were published in GN 41581 of 20 April 2018 and members of the public are invited to submit comments on or before 21 May 2018.

14 May 2018

National Health Care Risk Waste Draft Regulations Published For Comment

On 30 April 2018 the Minister of Environmental Affairs published draft National Health Care Risk Waste Regulations in (GN 463 in GG 41601 of 30 April 2018). The draft regulations were published in terms of the National Environmental Management: Waste Act 59 of 2008 (NEM:WA). Members of the public are invited to submit any written comments and representations on the draft regulations by Wednesday, 30 May 2018.

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