This court decision provides a specific interpretation of environmental protection legislation in South Africa. It is unlikely to set a wider precedent but will be of interest to those with South African exposures. It finds that there is no liability to clean up contamination which was caused before the environmental protection legislation came into effect in 1999.
Evidence from:
T Field. Journal of Environmental Law. (2006) Vol.18#3 p 479 – 494
“Liability to Remedy Asbestos Pollution.”
Only those who cause contamination after the date of effect of the National Environmental Management Act 107 (1998) would be expected to pay the costs of remediation.
Further detail: