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Legislation of cleaner production in South Africa

Victor Chewe

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Abstract

The objective of this research was to review legislation of Cleaner Production (CP) in South \nAfrica. In achieving the objective, the study reviewed and analysed the relevant legislation, \npolicies and projects. Identified gaps in legislation and policies, reviewed emerging issues related \nto CP, identified processes and activities that threaten the promotion of CP and evaluate the \npotential economic implications of application of CP \nThe gaps in policy and legislation lie in the lack of appropriate incentives (lack of effective \neconomic instruments), the existence of disincentives for CP (such as low cost of electricity, \nwater, effluent treatment and waste management), as well as the lack of enforcement of the \nlegislations and implementation of policy. The lack of capacity tp implement CP-related \nlegislation and policy is being addressed at a limited level, buy needs wider and more intensive \nefforts, in addition to the development of partnerships and voluntary agreements to assist the \nprocess. It should be noted, that the existence of strong legislation and enforcement is generally a \npre-requisite to encourage a shift to self-regulation and information sharing on applied CP/SCP \nmeasures, and that they do not meet the requirements. In addition, it is easier to regulate an \ninformed industry than to battle against an ignorant one and therefore, no legislation and policy \nwill be effective without strategies to implement a significant effort in awareness raising, \neducation and training on CP at all levels and in all sectors, including national and local \ngovernments.

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The objective of this research was to review legislation of Cleaner Production (CP) in South \nAfrica. In achieving the objective, the study reviewed and analysed the relevant legislation, \npolicies and projects. Identified gaps in legislation and policies, reviewed emerging issues related \nto CP, identified processes and activities that threaten the promotion of CP and evaluate the \npotential economic implications of application of CP \nThe gaps in policy and legislation lie in the lack of appropriate incentives (lack of effective \neconomic instruments), the existence of disincentives for CP (such as low cost of electricity, \nwater, effluent treatment and waste management), as well as the lack of enforcement of the \nlegislations and implementation of policy. The lack of capacity tp implement CP-related \nlegislation and policy is being addressed at a limited level, buy needs wider and more intensive \nefforts, in addition to the development of partnerships and voluntary agreements to assist the \nprocess. It should be noted, that the existence of strong legislation and enforcement is generally a \npre-requisite to encourage a shift to self-regulation and information sharing on applied CP/SCP \nmeasures, and that they do not meet the requirements. In addition, it is easier to regulate an \ninformed industry than to battle against an ignorant one and therefore, no legislation and policy \nwill be effective without strategies to implement a significant effort in awareness raising, \neducation and training on CP at all levels and in all sectors, including national and local \ngovernments.

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Available abstract

The objective of this research was to review legislation of Cleaner Production (CP) in South \nAfrica. In achieving the objective, the study reviewed and analysed the relevant legislation, \npolicies and projects. Identified gaps in legislation and policies, reviewed emerging issues related \nto CP, identified processes and activities that threaten the promotion of CP and evaluate the \npotential economic implications of application of CP \nThe gaps in policy and legislation lie in the lack of appropriate incentives (lack of effective \neconomic instruments), the existence of disincentives for CP (such as low cost of electricity, \nwater, effluent treatment and waste management), as well as the lack of enforcement of the \nlegislations and implementation of policy. The lack of capacity tp implement CP-related \nlegislation and policy is being addressed at a limited level, buy needs wider and more intensive \nefforts, in addition to the development of partnerships and voluntary agreements to assist the \nprocess. It should be noted, that the existence of strong legislation and enforcement is generally a \npre-requisite to encourage a shift to self-regulation and information sharing on applied CP/SCP \nmeasures, and that they do not meet the requirements. In addition, it is easier to regulate an \ninformed industry than to battle against an ignorant one and therefore, no legislation and policy \nwill be effective without strategies to implement a significant effort in awareness raising, \neducation and training on CP at all levels and in all sectors, including national and local \ngovernments.

Key concepts: Legislation, Environmental planning, Production (economics), Environmental protection, Geography, Business, Political science, Law

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