Duty Of Care Essay

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Question 4: Describe the Duty of Care provided for in section 28 of NEMA, and comment on whether it is an effective tool in the protection of the environment. You may not simply cut and paste from section 28 of NEMA, but must summarize in your own words what the duty requires, what its implications are and to whom it applies. Thereafter, you should set out in your own words possible strengths and weaknesses of the duty of care as provided for in section 28 of NEMA. The Duty of Care takes into regard everyone who has, could have or might in the future cause harm to the environment and keeps them responsible for their actions. This is done by having them take measures to prevent harm from occurring (or continuing). If there is no way to stop the harm from occurring, Duty of Care forces to reduce and remedy the harm to environment. It should be specifically noted that the Duty of Care act can be used retrospectively meaning if someone polluted years ago they can still be held responsible via duty of care (Paralegaladvice, n.d; South Africa, 1998:63). Duty of Care empowers competent authorities to lead offenders in taking steps to remediate harm to environment (Feris, 2006). …show more content…

These can be found both in section 28(3) and section 28(4). These sections simply state that depending on the activity, it’s degree and situation, “reasonable measure” can range from being to cease the activity to educating staff (South Africa, 1998:63-65). For instance, if a company is dumping all their waste directly into a river, it needs to be ceased immediately. However if they are dumping clean but lukewarm water into a cold river, they might be able to rather modify how their systems work to improve it. Another example is that they might not be sure what effect their activities have on the environment and as such they’d have to investigate

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