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National Environment Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)

Notices

General Discharge Authorisation in terms of Section 69(2)

2. Application of Duty of Care

 

2.1 In terms of section 58(1) of the Act, the duty of care contained in section 28 of the National Environmental Management Act applies to any impact caused by any person which has an adverse effect on the coastal environment.

 

2.2 Among others, section 58(2) of the Act prescribes that the duty of care specifically applies to—
(a) the owner, occupier, person in control of or user of land or premises on which an activity that caused or is likely to cause an adverse effect occurred, is occurring or is planned;
(b) an operator of a pipeline which ends in the coastal zone; and
(c) a producer or discharger of a substance which caused, is causing or is likely to cause, an adverse effect on the coastal environment.