oa Civil Engineering = Siviele Ingenieurswese - The polluter pays principle in water and environmental law

Volume 7, Issue 2
  • ISSN : 1021-2000



Current legislation is moving towards polluters paying for the damage they cause. but the emphasis should still be on prevention The environment in South Africa is protected primarily through the enforcement of the Water Act, 1954 (Act 54 of 1956), the Atmospheric Pollution Prevention Act, 1965 (Act 45 of 1965) and the Environment Conservation Act, 1989 (Act 73 of 1989). Despite the enforcement of these Acts and the successful resolution of water pollution cases through admissions of guilt and negotiations outside the courts, the environment in South Africa has been deteriorating. In this context the application of the polluter pays principle has not discouraged polluters from polluting. The new South African water and environmental legislation and policy, however, reconciles economic and environmental objectives in the context of the polluter pays principle.

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