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The goals of the policy are to:

Conserve the diversity of landscapes, ecosystems, habitats, communities, populations, species and genes in South Africa

Use biological resources sustainably and minimise adverse impacts on biological diversity

Ensure that benefits derived from the use and development of South Africa’s genetic resources serve national interests

Expand the human capacity to conserve Biodiversity, to manage its use and to address factors threatening it

Create conditions and incentives that support the conservation and sustainable use of Biodiversity

Promote the conservation and sustainable use of Biodiversity at the international level.

Atmospheric Pollution Prevention Act (Act 45 of 1965)

Part 2 of the Act sets out requirements for the control of noxious or offensive gases resulting from the operation of Scheduled Processes in industry. There are 72 Scheduled Processes in Schedule 2. Certificates are issued which contain requirements specifying minimum norms and standards for the operating of Scheduled Processes. This section is administered by the national DEAT Chief Air Pollution Control Officer.

Section 3 deals with Smoke Control by enabling the declaration of smoke controlled areas by local authorities. Local Authorities can apply to the Minister, on a voluntary basis, to declare their area a smoke control area.

Section 4 regulates dust from gold and asbestos waste dumps and is administered by the Government Mining Engineer in the Department of Minerals and Energy.

Section 5 deals with the Control of Motor Vehicle Emissions. Provisions currently only address the use of diesel. The administration of this section is also delegated to local authorities on a voluntary basis.

Section 44 makes provision for the prevention and control of air pollution from chemical processes and non-hazardous and hazardous waste incineration plants and waste sites. It also controls dust from landfill activities.

8.2.2 Secondary Environmental Legislative Provisions

These are laws, acts or policies that do not have as their primary focus environmental management or environmental quality and protection per se.  Included within the legislative provisions and/or secondary to the primary activity regulated through these various acts, laws and policies are environmental and resource management related components.

The Constitution of the Republic of South Africa (108 of 1996)

The Constitution has created the framework for environmental governance in South Africa, by:

Creating the right to an environment that is not harmful to health and well being;

Balancing the right to have the environment protected, with an emphasis on promoting valid economic and social development;

Allocating environmental functions to a wide range of government agencies, in all spheres

Requiring co-operation between government agencies and spheres. Minerals Act (Act 50 of 1991)

This Minerals Act provides for the administration of minerals and mineral development in the country.  The act is administered by the Department of Minerals and Energy.  The act requires that Environmental Management Programme Reports (EMPR’s) must be compiled for all mining and prospecting operations.  EMPR’s are statutory instruments to ensure that the environmental impacts of all mining operations are managed and that post-closure rehabilitation of mined areas is ensured.  Mining includes large scale and small scale mining

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