Legal
Issue No. 43 - October/November 2008
EPA changes new regime for landfill
SA’s construction, mining and petroleum industries are facing a new regime which will require firms to review and possibly test fill before moving it from site to site.
Leonie Paulson, from Sparke Helmore lawyers, says proposed legislative changes to commence in early 2009 would have a significant impact as the proposed changes would regulate the transfer of fill between sites for the first time in SA. She identifies the proposed amendment to the Environment Protection Act as one of the key emerging environmental issues facing local industry and, in particular, new infrastructure.
“The proposed regulation will prohibit the importation of soil or other fill originating from a site at which a ‘potentially contaminating activity’ has taken place,” Leonie says.
The proposed regulations would cover any potentially contaminating activity, regardless of whether or not the activity was carried out in the course of business. Activities covered by the regulation will include bulk shipping facilities, desalination plants, cement works, concrete batching, defence establishments, electricity substations and storage of hydrocarbon products (above and below ground), excluding domestic heating storage arrangements.
“Transfer of soil to new locations is common in undertaking construction of new infrastructure,” Leonie says.
“Defence, mining and petroleum companies are likely to engage in many of the activities covered by the regulation in the c...
