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.




17 January 2018

Join our expert team in a full-day workshop exploring the hot topics in South African environmental law.

Cape Town // 13 March 2018 // 08:30–16:00

16 January 2018

Minister Calls for Paper & Packaging Industry, Electrical & Electronic Industry and Lighting Industry to Prepare and Submit Waste Management Plans

The Minister of Environmental Affairs has published a notice requiring the paper and packaging industry, electrical and electronic industry and lighting industry to prepare and submit industry waste management plans for approval

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