Extended Producer Responsibility

Environmental Duty of Care and Liability: Setting the Scene

• Section 2(4)(e) of NEMA provides that companies are responsibile for the environmental health and safety consequences of a policy, programme, project, product, process, service or activity throughout its life cycle.
• This is known as the "cradle to grave" principle.
• Section 28 of NEMA - "environmental duty of care"
• Liability:
  • fines and imprisonment
  • Director and potential shareholder liability
  • Reputational risk

EPR: Context and Background

• Recognizing waste and management practices relating to waste are matters that require national legislation and in order to promote and give effect to the right to an environment that is not harmful to health and wellbeing the National Environmental Management: Waste Act ("NEMWA") was promulgated.