HOW TO KEEP BUSINESS OPERATIONS ENVIRONMENTALLY COMPLIANT
ENVIRONMENTAL LEGAL COMPLIANCE EVALUATIONS
The recent National Environmental Compliance & Enforcement Report 2023-24 once again shows that the South African Business Community is not immune to the sting of the green scorpions.
S v SOUTHERN SUN HOTEL & LEISURE
Environmental non-compliance related to the expansion of a hotel without the necessary authorisation.
The hotel and its director were charged under provisions of the Waste Act and the National Water Act .
The Hotel and its director were found guilty, the hotel being fined R3 million and the director was sentenced in her personal capacity to R5 million.
S v SAPPIE SAICCOR (PTY) LTD
Environmental non-compliance related to Air Emission Licences (AELs) and Waste issues, where the company was charged under the Air Quality Act.
In terms of a plea and sentence agreement, the company was sentenced to a fine of R8 million.
IMPORTANCE OF LEGAL COMPLIANCE EVALUATIONS
In order for a company to prevent itself from becoming a statistic in the National Environmental Compliance and Enforcement Report, and being saddled with punitive fines and a criminal record, it is essential for companies to be proactive when it comes to environmental compliance.
WHAT IS AN ENVIRONMENTAL LEGAL COMPLIANCE EVALUATION?
An environmental legal compliance evaluation is an independent assessment of an organisation’s environmental legal requirements and compliance. It ensures that a business complies with all the environmental legal requirements as well as internal company policies and guidelines.
The compliance evaluation is an important risk management tool and is an entirely voluntary undertaking.
HOW ARE EVALUATIONS CONDUCTED?
Environmental legal compliance evaluations should be conducted by a legal practitioner with experience in environmental law.
These evaluations comprise :
an inspection of the company’s facility and its operations
review of the company’s environmental documentation, permits, licences and authorisations
interviews with some of the company’s staff and management
production of an evaluation report
The Environmental Legal Compliance Evaluation Report usually contains:
an identification of the company’s activities which may have an impact on the environment
environmental and associated legislation and policies, applicable to the company’s operations
details of the company’s compliance with environmental legislation and internal policies, as well as its compliance with the conditions of any permits, licences or authorisations
details of areas of concern and corrective actions to be taken
recommendations for achieving and maintaining environmental complianceÂ
WHEN SHOULD THEY BE CONDUCTED?
Environmental Legal Compliance Evaluations should be conducted on a regular basis, either annually or bi-annually.
BENEFITS OF ENVIRONMENTAL LEGAL COMPLIANCE EVALUATIONS
The benefits of regular compliance evaluations include:
ensuring environmental sustainability of business plans and operations
openness and transparency with stakeholders and the general public
results of the evaluation can be translated into action plans to address areas of non-compliance.
evaluation of the effectiveness of existing compliance measures
prevention against enforcement action by authorities
prevention against negative publicity relating to the company’s environmental performance
