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SIGNIFICANCE

SIGNIFICANCE IN THE CONTEXT OF CONTAMINATION

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What does significant mean in the context of contamination? Developing a common sector understanding of significant contamination. This working group aims to build on the deliberations of the conference to formulate a sector wide common understanding of the term “significantly contaminated” in order to guide the sector on when notification is appropriate.

Members interested in being part of the Significance Working Group should please contact the Champion.

Champion: Dr. Heidi Snyman (Service Provider).
email: hsnyman@golder.co.za

Abstract, Objectives and Added Value:
The National Environmental Management: Waste Act, 2008 (Act 59 of 2008) (NEMWA) makes provision for the management of contaminated land in Part 8 of NEMWA which was promulgated on 2 May 2014.

Section 36 (5) of NEMWA stipulates that “an owner of land that is significantly contaminated, or a person who undertakes an activity that caused the land to be significantly contaminated, must notify the Minister and MEC ….”

Although the use of the word “significant” (or “significantly”) is commonly used in law without defining the term, it has caused some confusion in industry as it is not clear, when notification is required. The delegates attending the Nicola conference dated 3 and 4 November 2015 debated the term and attempted to define a common sector understanding.

This working group aims to formulate a sector wide common understanding of the term “significantly contaminated” in order to guide the sector on when notification is appropriate.

Download the final version of the Significance position paper below.

Download Position Paper

SCHEDULE OF ACTIVITIES

ActivityTimelinePurpose and Deliverable
Collate the delegate and speaker input from the 2015 conference into a draft discussion document.June 2017Draft discussion document.
Working group workshop.July 2017Draft document for broad consultation.
Draft document submitted to broader NICOLA membership for comment.August 2017Collate sector comments.
Final draft submitted to NICOLA Steering committee.September 2017Draft final for discussion at Conference.
Address comments.October 2017Authority consultation.
Address comments.November 2017Final document.

Members:
Erika Reynolds (Industry).
Tina Costas (Service Provider).
Richard O’Brien (Service Provider).
Martin Ginster (Industry).
Marcus van Zutphen (Industry).
Fabiola Rossato (Industry).
Claudia du Plessis (Service Provider).