Legislation of cleaner production in South Africa

Abstract

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