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REMEDIATION OF CONTAMINATED LAND:
SOUTH AFRICA LEGAL PERSPECTIVE
Mpho Tshitangoni
Director: Land Remediation
National Department of Environmental Affairs
PRESENTATION OUTLINE
Republic of South Africa
Legislative Background
Remediation prior to the Waste Act
Framework for Remediation of Contaminated Land
N&S for remediation & Soil Quality
Remediation in terms of Part 8 of the Waste Act
Operational Documents
Conclusion
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MAP OF THE REPUBLIC OF SOUTH AFRICA
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REPUBLIC OF SOUTH AFRICA
• Size: a total land area around 1.2-million
square kilometres, measures some 1 600km
from north to south, and roughly the same
from east to west.
• Coastline: long coastline stretching more than
2 500 km
• Population: Estimated at 50.5 million
• Industries: Mining, Agriculture, Manufacturing,
Steel, Petroleum
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LEGISLATIVE BACKGROUND
ECA, 1989
NEMA & NWA 1998
NEMWA, 2008
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FMCL,
2010
N&S,
2013
Constitution, 1996
NWMS, 2011
LEGISLATIVE BACKGROUND • Environment Conservation Act, 1989: RSA fist environmental focused
law. To provide for effective protection and controlled utilization of the environment and for matters incidental thereto
• RSA Constitution Bill of Rights states that ‘Everyone has a right to an environment that is not harmful to their health and well being’
• National Environmental Management Act (NEMA) (1998)- framework legislation for environmental management
• National Water Act (NWA) (1998) – Section 19 deals with the prevention and remedying effects of pollution
• National Environmental Management: Waste Act (2008) – Except Section 28(7) (a), Part 8 of the Act (Sections 35 – 41) and Section 46 Remediation of contaminated land is a Category A listed activity for now. With enactment of Part 8 classification and remediation will follow processes outlined in the Act.
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• Framework in the management of contaminated Land (2010) -provides decision‐support measures for the management of contaminated land in South Africa, and are based on nationally consistent methods and numerical values for the assessment of contaminated land that protect human health and the environment. The framework have been presented and reviewed by a wide range of governmental, industry and civic stakeholders.
• National Waste Management Strategy (2011): Advocates a systematic and hierarchical approach in waste management, covering aspects of waste avoidance, reduction, re-use, recycling, recovery and safe disposal as a last resort.
• National Norms and Standards for the Remediation of Contaminated land and Soil Quality (2013):
The purpose of these norms and standards is to ─
(a) provide for a uniform national approach to determine the contamination status of an investigation area;
(b) limit uncertainties about the most appropriate criteria and method to apply in the assessment of contaminated land; and
(c) provide minimum standards for assessing necessary environmental protection measures for remediation activities.
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LEGISLATIVE BACKGROUND CONT….
REMEDIATION PRIOR THE WASTE ACT
• Mainly voluntary applications by polluters
• Remediation of contaminated was informed by a need to protect water resources
• Directives issued by the Department of Water Affairs
• Private affair between the Regulator and Polluter
• Set authorization requirements and conditions
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FRAMEWORK FOR REMEDIATION OF CONTAMINATED LAND
The Framework consists of the following components:
Protocol for Site Risk Assessment
Reporting Norms and Standards for Contaminated Land
The Derivation and Use of Soil Screening Values
Application of Site Specific Risk Assessment
Quality Control and Quality Assurance of Field Sampling and Laboratory Analysis
Based on source-pathway-receptor model (but not linked)
1 km radius for ground water users, but also covers off site contamination
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NORMS & STANDARDS FOR REMEDIATION AND SOIL QUALITY
• These norms and standards must be used for the screening of a site after
a site assessment report is required as a result of declaration of an
investigation area as contemplated in section 36 of the National
Environmental Management Act, 2008 (Act No. 59 of 2008)
• Has Table 1 (Soil Screening Values for Metals and Organics) and 2
(Soil Screening Values for Anions)
• Where a contaminant is not listed in Table 1 or Table 2, values which are
scientifically validated for the contaminants of interest may be used
• The Soil Screening Values in Table 1 and Table 2 must not be seen as
I. absolute minimum values; or
II. default remediation values.
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REMEDIATION IN TERMS OF THE PART 8 OF THE WASTE ACT
• Identifies the status and risk of contaminated sites and provides a legal mechanism for remediation activities to be instigated and controlled
• The Minister may declare investigation areas- where high risk activities have been undertaken or suspected
• Development of contaminated land register
• Linked to Polluter Pays principle
• The site owner will be ordered to undertake a site assessment
• Where contaminated occurred- remediate at own cost
• Government will need to remediate contaminated land in areas where the polluter cannot be traced - Funding might be challenge
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OPERATIONAL DOCUMENT
• SOP with DWA on remediation
• Guidelines (Dummy and Authorities)
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CONCLUSION
• SA has successfully promulgated legislation to deal
with remediation of contaminated land
• Polluters will have to remediate at own cost
• Legislation provides a system for identification,
assessment and remediation of contaminated land
• Promote transparency in remediation
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NDO LIVHUWA