1. To what extent have the principles of environmental law been incorporated in the Environmental Protection Act 2000
20TH MARCH, 2004.
The environment is made up of the physical, biological and human elements. These three are different facets of one and the same environment. Not only in recent years, the human environment has begun to impinge and burden the physical and biological environment. It is only in recent years that the public has been made aware of the seriousness of the matter. This awareness, has, not only led to changes in local legislation, but also to changes in the way the problem is approached. It is useless trying to solve environmental problems on a national basis as the
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The rationale behind PPP is that polluters, who usually do not suffer from their activities, will try to reduce their emissions if they have to pay for them. By making polluters pay, society also generates funds to compensate those that experience the negative effects of pollution. Polluter pays’ schemes can therefore lead to a cleaner environment, improved economic efficiency and higher social welfare. Often local taxpayers have to pay the main cost of the clean-up from oil, chemical or mining accidents rather than those responsible and that is why the polluter-pays principle was accepted worldwide. “Authority may require the giving of financial guarantees or the provision of assurance to make good for any damage that may be caused to the environment by any activity which may require a license under this Act”. This is found in section 9(2) (b) of our code which although deals with the duties and powers of the Minister it also makes reference to the polluter pays principle as we have seen. This principle was also incorporated in our law and may be found in section 4(b). The intention is always to remedy and set standards. A priori, a number of thresholds are laid down so if they are not complied by, the Polluter-Pays principle comes into action, this principle is practically self-explanatory.
“to take such preventive