Principles are the fundamental premises used to apply, develop and test policy and subsequent actions including, decision making, legislation, regulation and enforcement.
The consultative process must decide on how these principles are applied to guide policy in meeting the broad environmental imperatives set out in the Constitution, notably a commitment to sustainable development.
Policy should aim to adopt an integrated set of principles. Where principles are likely to conflict with, or detract from, one another this needs to be recognised. Mechanisms should be established to seek a balance or determine which principle takes precedence in a specific situation. Government at all levels will have to play a role in managing such processes in the overall interests of sustainable development.
The principles that should guide environmental policy are presented for consideration in alphabetical order and not in any order of hierarchy.
1 Accountability
| Debate
Government is accountable for the implementation of all aspects of environmental policy. Some sectors argue that accountability and responsibility must rest with all stakeholders, whether individuals, corporations or government. |
2 Affordability
| Debate
Choices must be made on the basis of full information and explicit understanding of financial and other trade-offs. All policy direction must be subject to affordability testing from a monetary and non-monetary point of view. It is recognised that change is necessary and possible, but the rate of change is influenced by capacity and affordability. Some sectors reject the idea of subjecting all policy direction to the principle of affordability. Affordability in the context of environmental management must reflect all real costs. Conventional economic and scientific instruments are often insensitive to the complex ways in which real costs are absorbed by environments and communities. |
3 Avoiding Conflict of Interest
This requires that state bodies with responsibilities for managing impacts that affect environmental quality should not have other conflicting functions. For example a government department responsible for regulating resource exploitation in a sector should not be responsible for regulating the monitoring or enforcement functions with respect to environmental impacts resulting from the exploitation of that resource.
4 Capacity Building and Education
Environment should be integrated into all disciplines, forms and levels of education and training. Environmental policy issues should be popularised through awareness building campaigns and programmes in order to build the capacity of people to participate effectively in managing the environment and achieving sustainable development.
5 Cradle to Grave
This principle means that responsibility for the environmental and health consequences of a product, process or service starts with the extraction or processing of raw materials and extends through manufacturing and use to include ultimate disposal of products and waste. It also includes the life cycle of projects and production facilities from concept, through development to post closure.
6 Efficiency
| Debate
Resources (including time and money for public consultation and participation) should be used wisely to add value. Every effort must be made to ensure that environmental policy is administered in the most efficient and effective manner possible. Some sectors reject this principle because they are concerned that the efficiency principle should not undermine principles like participation. Non-participatory decision-making leads to decisions and actions that lack legitimacy. This in turn leads to conflict amongst stakeholders which is fundamentally inefficient. |
7 Equity
This principle recognises that all parts of society should have equitable access to resources and services, and that each generation owes a duty to future generations to avoid impairing its ability to meet its basic needs.
Equity requires the redress of apartheid's environmental legacies and the practice of environmental justice to ensure that already disadvantaged members of society do not bear a disproportionate burden of environmental degradation.
8 Flexibility
| Debate
Flexibility of action and interpretation within established guidelines and codes of practice is essential to the management of diverse environmental issues. Rigid regulations and institutions are not in the best interests of sustainable development and economic growth. Some sectors reject this principle, arguing that it undermines the intent and applicability of national environmental policy. |
9 Global and International Cooperation and Responsibilities
This principle recognises that South Africa has a shared responsibility for global environmental problems beyond our borders and for transboundary equity.
10 Good Governance
Governance involves the creation of vision, the development of policy and strategic objectives as well as ensuring their implementation. This includes:
This is necessary in order to review and, where necessary, readjust vision, policy and strategic objectives. Where governance is directed by democratic values it requires the effective participation of all stakeholders and a commitment to due process.
11 Inclusivity
Environmental management processes should consider the interests, needs and values of all stakeholders in decision making to secure overall progress in environmental performance.
12 Integrated Planning and Environmental Management
This principles requires that significant impacts of a decision or action on all affected biophysical and social elements are considered together. It requires that, where applicable, government policy initiatives, programmes and strategies take environmental policy into account.
Environmental policy is cross-sectoral and should therefore be integrated into the work of all ministries and departments. This includes inter-departmental coordination and the rationalisation of policies, legislation, monitoring and other environmental functions.
Implementing this principle should build on existing strengths or capacities and identify gaps where capacity needs to be built.
13 Internalisation of Costs
| Debate
Real costs associated with developments and activities should be considered for their impacts on environments, health and safety, and long-term sustainability indicators. The debate on external costs is complex. Past developments and activities externalised many real costs, displacing them onto environments and people as negative environmental and health and safety impacts. |
14 Legislation
Laws should further the aims of environmental policy and give effect to its principles. Access to legislation and to the legal process in defense of the aims of the environmental policy should be fair and efficient.
15 Open Information
Transparency of information must enable people to access, work with and demand the information they need for informed participation and decision making.
16 Participation
This principle recognises that all interested and affected parties have a right to participate in environmental management and decision making. Participation should include meaningful and timely consultation with interested and affected parties in order to contribute to effective and informed decision-making.
Participation implies a particular emphasis on hearing the voice of those previously excluded in order that policy development, decision-making and environmental management processes are truly representative.
17 Precautionary principle
| Debate
This states that if the environmental consequences are uncertain, an action or project should not be undertaken. Some sectors argue that, in practical terms, rudimentary tests and evaluations such as risk assessment and strategic environmental assessment should be applied to enable reasoned, balanced decision-making to take place. Environmentalists argue that the lack of comprehensive scientific data and effective monitoring emphasise the need for application of the precautionary principle. |
18 Preventative Principle
The cheapest and most effective way of dealing with problems is to anticipate them before they arise and prevent negative impacts on the environment. A hierarchy of control measures should govern activities that impact on the environment.
In order of priority they are:
Preventative measures should be based on best available environmental practise.
19 Recognition of Women's Role
Women's role in all aspects of environmental management and development should match the major role they play in resource management. This should include recognition of their rights of access to energy, services, water and land.
20 Refusal to Work
Every citizen is entitled to refuse to do work that is dangerous to health and the environment.
21 Responsibility for Environmental Damage
Those responsible for environmental damage should pay the repair costs both to environmental and human health, and the costs of preventative measures to reduce or prevent pollution and environmental damage. (Also known as 'the polluter pays principle')
22 Stewardship
Every person or organisation should act with due care to avoid damage to others and/or to the environment.
23 Sustainability
This requires that resources and natural cycles of renewal and replenishment are used in a way and at a rate that does not lead to their long term decline. This is essential to maintain their potential to meet the needs and aspirations of present and future generations.
24 Sustainable Development
| Debate
There is some disagreement about the contribution of economic growth to sustainable development. Some argue that economic growth is the fundamental basis for all environmental policy and management. Others believe that growth is incompatible with long term sustainability. Some argue that the challenge is to promote types of growth and development which provide the means for satisfying the social and environmental foundations of sustainable development. |
25 Sustainable Employment
Sustainable development aims to ensure full participation by all in the social, economic and cultural life of the community. Therefore, job creation, protection and security are integral to its attainment.
26 Waste Minimisation
Waste management should be based on the principle of waste minimisation and avoidance at source, especially in the case of toxic and hazardous wastes. Recycling of unavoidable waste and separation at source should be encouraged subject to environmental and health and safety considerations. Having made full use of all these measures to reduce waste, disposal may be considered. All such disposal should be safe.
27 Whistle-blowers
Citizens who report environmentally unsound practices or violations should not be victimised.