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Environment Conservation Act, 1989 (Act No. 73 of 1989)

1. Definitions

 

In this Act, unless the context indicates otherwise-

 

"administrative body"

means a Minister, competent authority, local authority, government institution or a person who makes a decision in terms of the provisions of this Act;

 

"chief executive officer"

means the officer in charge of the relevant local authority or government institution;

 

"committee"

means the Committee for Environmental Co-ordination established by section 12;

 

"competent authority"

in so far as a provision of this Act is applied in or with reference to a particular province, means the competent authority to whom the administration of this Act has under section 235(8) of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993) been assigned in that province;

 

"council"

means the Council for the Environment established by section 4;

 

"define"

includes a description by means of a map on which sufficient information is indicated to identify an area;

 

"Department"

means the Department of Environmental Affairs and Tourism;

 

"Director-General"

means the Director-General: Environmental Affairs and Tourism;

 

"disposal site"

means a site used for the accumulation of waste with the purpose of disposing or treatment of such waste;

 

"ecological process"

means the process relating to the interaction between plants, animals and humans and the elements in their environment;

 

"ecosystem"

means any self-sustaining and self-regulating community of organisms and the interaction between such organisms with one another and with their environment;

 

"environment"

means the aggregate of surrounding objects, conditions and influences that influence the life and habits of man or any other organism or collection of organisms;

 

"environmental impact report"

means a report referred to in section 22(2) or 23(3);

 

"government institution"

means any institution, body, company or close corporation recognized by the Minister by notice in the Gazette;

 

"limited development area"

means an area declared as a limited development area in terms of section 23(1);

 

"litter"

means any object or matter discarded or left behind by the person in whose possession or control it was;

 

"local authority"

in so far as a provision of this Act is applied in or with reference to a particular province, means a local government body or a transitional council, as the case may be, contemplated in section 1(1) of the Local Government Transition Act, 1993 Act No. 209 of 1993);

 

"management advisory committee"

means a committee established under section 17(1);

 

"Minister"

means the Minister of Environmental Affairs and Tourism;

 

"Minister of State Expenditure"
a) in so far as the administration of a provision of this Act has under section 235(8) of the Constitution of the Republic of South Africa, 1993, been assigned to a competent authority within the jurisdiction of the government of a province and the provision is applied in or with reference to the province concerned, means the member of the Executive Council of that province responsible for the budget in the province; or
b) in so far as the administration of a provision of this Act has been so assigned, means the Minister of Finance;

 

"Official Gazette"

means the Provincial Gazette of a province;

 

"prescribe"

means prescribe by regulation or notice in the Gazette;

 

"protected natural environment"

means an area declared as a protected natural environment under section 16(1);

 

"province"

means a province established in terms of section 124 of the Constitution of the Republic of South Africa, 1993;

 

"provincial administration"

means the provincial administration established for a province by the Public Service Act, 1994 (Proclamation No. 103 of 1994);

 

"regulation"

means a regulation made under this Act;

 

"special nature reserve"

means an area declared as a special nature reserve under section 18;

 

"this Act"

includes the regulations and any notice issued under the Act;

 

"waste"

means any matter, whether gaseous, liquid or solid or any combination thereof, which is from time to time designated by the Minister by notice in the Gazette as an undesirable or superfluous by-product, emission, residue or remainder of any process or activity.