Force Policies & Legislation of the South African National Defence (SANDF) Environmental Services
CORPORATE ENVIRONMENTAL POLICY STATEMENT FOR DEFENCE
The Department of Defence shall, in compliance with the
environmental obligations placed upon it by the Constitution,
national and international regulatory provisions
and within the constraints imposed from time to time
by nature of its business,
protect the environment through pro-active measures of
Military Integrated Environmental Management;
accept responsibility for sustainable use of the environment
entrusted to it;
minimise the adverse impacts of its operations on the
environment by means of a programme of continual
improvement;
promote open communication on military related environmental
issues to all interested and affected parties;
train and motivate its members to regard environmental
considerations as an integral and vital element of their
day-to-day activities
NATIONAL ENVIRONMENTAL LEGISLATION APPLICABLE TO THE SOUTH AFRICAN DEPARTMENT OF DEFENCE
Advertising on Roads and Ribbon Development Act, 1940 (Act No 21 of 1940)
Agricultural Pest Act, 1983 (Act No 36 of 1983)
Animal Diseases Act, 1984 (Act No 35 of 1984)
Animal Health Act, 1984 (Act No 35 of 1984)
Antarctic Treaties Act, 1996 (Act No 60 of 1996)
Atmospheric Pollution Prevention Act, 1965 (Act No 45 of 1965)
Aviation Act, 1962 (Act No 74 of 1962)
Conservation of Agricultural Resources Act, 1983 (Act No 43 of 1983)
Disaster Management Act, 2002 (Act No 57 of 2002)
Dumping at Sea Control Act, 1980 (Act No 73 of 1980)
Environment Conservation Act, 1989 (Act No 73 of 1989)
Fencing Act, 1963 (Act No 31 of 1963)
Fertilisers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No 36 of 1947)
Forest Act, 1984 (Act No 122 of 1984)
Game Theft Act, 1991 (Act No 105 of 1991)
Hazardous Substances Act, 1973 (Act No 15 of 1973)
Marine Living Resources Act, 1998 (Act No 18 of 1998)
Marine Pollution (Control and Civil Liability) Act, 1981 (Act No 6 of 1981)
Marine Pollution (Intervention) Act, 1987 (Act No 64 of 1987)
Marine Pollution (Prevention of Pollution from Ships) Act, 1986 (Act No 2 of 1986)
Marine Traffic Act, 1981 (Act No 2 of 1981)
Marine Zones Act, 1994 (Act No 15 of 1994)
Minerals Act, 1991 (Act No 50 of 1991)
Minerals and Petroleum Resources Development Act, 2002 (Act No 28 of 2002)
National Environmental Management Act, 1998 (Act No 107 of 1998)
National Environmental Management: Protected Areas Act, 2003 (Act No 57 of 2003)
National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004)
National Environmental Management: Air Quality Act, 2005 (Act No 39 of 2005)
National Forest Act, 1998 (Act No 84 of 1998)
National Heritage Resources Act, 1999 (Act No 25 of 1999)
National Veld and Forest Fire Act, 1998 (Act No 101 of 1998)
National Road Traffic Act, 1996 (Act No 93 of 1996)
National Water Act, 1998 (Act No 36 of 1998)
INTERNATIONAL ENVIRONMENTAL CONVENTIONS APPLICABLE TO THE SOUTH AFRICAN DEPARTMENT OF DEFENCE
1. Rio Declaration on Environment and Development and Agenda 21. Principle 24 of this declaration states that “Warfare is inherently destructive of sustainable development. States shall therefore respect international law providing protection for the environment in times of armed conflict and co-operate in its further development, if necessary”. Furthermore, principle 25 states that “Peace, development and environmental protection are interdependent and indivisible”.
2. World Charter for Nature, 1982. This Charter contains General Principles of which one states that nature is to be respected and protected against warfare or other hostile activities, conservation must be practised, the reproductive capacity or organisms and ecosystems must be respected and responsibilities in the use of resources and for the discharge of pollutants must be exercised. Therefore “military activities damaging to nature shall be avoided”.
3. Framework Convention on Climatic Change. This convention provides for the protection of the climate system for the benefit of present and future generations of humankind, on the basis of equity and in accordance with common but differentiated responsibilities and respective capabilities by taking the lead in combating climate change and the adverse effects thereof.
4. Resolution 1995/14: Human Rights and the Environment – United Nations Commission of Human Rights dated 24 Feb 1995. The natural and man-made environment is essential to the well being of a person and to the enjoyment of his/her basic human rights. Therefore, due to this close relationship between the environment and human rights, some human rights violations are allegedly the causes of or factors in environmental degradation. The opposite also applies where the deterioration of the environment effects the enjoyment of human rights such as life, health and the right to peace and security. The potential for purposeful or accidental environmental damage is a serious threat to peace and security, whether during war or in peacetime and is considered a crime against humanity by the international law commission. The principle of humanity imposes limits on war. The obligation to protect the environment during armed conflict is derived from the norms of international humanitarian law, which lays down restrictions on methods of conducting hostilities by asserting that “the only legitimate object which states should endeavour to accomplish during war is to weaken the military force of the enemy”.
5. International Health regulations (Part III) – Health Measures and Procedures applicable between Ports and Airports of Departure and Arrival. These regulations state that “no matter capable of causing any epidemic disease shall be thrown or allowed to fall from an aircraft when it is in flight”.
6. Convention on International Civil Aviation Annex 16 – Aircraft Noise. The annex addresses the noise generated by aircraft.
7. Vienna Convention for the Protection of the Ozone Layer, 1985 and the Montreal Protocol On Substances That Deplete The Ozone Layer, 1987 As Amended In 1989. This convention provides for protection of the ozone layer from harmful modification. The protocol and the amendment contain a list of chlorofluorocarbons (CFC) and provides for the control and limiting the consumption of CFC’s.
8. International Convention for the Safety of Human Life on the Sea, 1974. The second schedule provides for safety from radiation or other nuclear hazards at sea or in port to the crew, passengers or public, or to waterways, food or water resources.
9. Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, 1989. This convention aims to ensure that the generation of hazardous and other wastes is reduced to a minimum, the availability of adequate disposal facilities, for the environmentally sound management of hazardous and other wastes, that persons involved in the management of hazardous or other wastes take such steps as are necessary to prevent pollution due to hazardous and other wastes, to minimize the consequences of such pollution occurrence on human health and the environment; that the transboundary movement of hazardous and other wastes is reduced to the minimum consistent with the environmentally sound and efficient management of such wastes, and is conducted in a manner which will protect human health and the environment against the adverse effects which may result from such movement.
10. International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978. The fifth schedule of this convention (chapter III) provides for basic principles for the protection of the environment by prevention of pollution. It also provides for knowledge of anti-pollution procedures to prevent pollution of the environment by smoke, oil, sewage and other pollutants. It also prescribes the use of pollution prevention equipment such as oily water separators, sludge tank systems and sewage disposal plants.
11. Treaty Banning Nuclear Weapons Tests in the Atmosphere, in Outer Space and Under Water, 1963. This treaty aims to prohibit or prevent the carrying out of any nuclear weapon test explosion, or any other nuclear explosion, at any place in the atmosphere; including outer space; or under water, including territorial waters or high seas; or in any other environment if such explosion causes radioactive debris to be present outside the territorial limits of the state under whose jurisdiction or control such explosion is conducted.
12. The Antarctic Treaty, 1961 (Washington). Article V deals with nuclear explosions and disposal of radioactive waste material. The following protocol to the Antarctic Treaty also applies:
13. Protocol to the Antarctic Treaty on Environmental Protection, 1991. Annex II of this protocol deals with the conservation of Antarctic fauna and flora. Article 3 with the taking of or harmful interference with animals or plants and article 4 with introducing foreign animals or plants into Antarctica. Annex III deals with waste disposal and waste management. Articles 2 to 6 with disposal or storage of waste and article 7 with introducing a prohibited product in Antarctica. Annex IV deals with the prevention of marine pollution. Article 3 with the discharge of oil or oily mixture into the sea, Article 4 with the discharge of noxious liquid or chemical substance into the sea, Article 5 with the disposal of garbage into the sea and Article 6 with the discharge of sewage into the sea. Annex V to the protocol deals with area protection and management with special emphasis on the damaging, removing or destroying a historic site or monument in article 8.
14. Geneva Conventions of 12 August 1949 – Protocol 1 Additional to the Geneva Conventions of 12 August 1949 relating to the Protection of Victims of International Armed Conflicts, 1977. Article 35 – means and methods of warfare: basic rules. One of the basic rules prohibits the employment of methods and means of warfare, which are intended or may be expected, to cause widespread, long-term and severe damage to the natural environment. Article 55 – protection of the natural environment. In warfare, care shall be taken to protect the natural environment against widespread, long-term and severe damage. This includes a prohibition of the use of methods or means of warfare, which are intended or may be expected to cause such damage to the natural environment and thereby to prejudice the health or survival of the population. It also prohibits any attacks against the natural environment by way of reprisals. Article 53 – Cultural objects and places of worship in general. Historic monuments, works of art and places of worship which constitute the cultural or spiritual heritage of peoples enjoy full protection against acts of hostility, without prejudice to the provisions of The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict dated 14 May 1954. It prohibits the use of such objects in support of military effort and making such objects the object of reprisals. Their immunity may not be withdrawn, contrary to that of marked cultural objects.
15. Geneva Conventions of 12 August 1949 – Protocol II Additional To The Geneva Conventions of 12 August 1949 relating to the Protection of Victims of Non-International Armed Conflicts, 1977. This protocol contains no provisions relating to the environment, however, article 14 on the protection of objects indispensable to the survival of the civilian population, has direct impact on warfare and the environment, with its prohibition of attacks on agricultural areas, livestock, irrigation works and drinking water installations.
16. The Hague Convention for the Protection of Cultural Property in the event of Armed Conflict, 1954. Article 1 – Marked cultural objects. Cultural objects under this convention enjoy general or special protection. Cultural objects under general protection means an object of great importance to the cultural heritage of every people such as monuments of architecture, art, history, archaeological sites, museums, large libraries, depositories of archives, shelters of cultural objects and centres containing a large amount of immovable cultural objects. Cultural objects under special protection means an object of exceptional value such as shelters of cultural objects, centres containing immovable cultural objects and other cultural objects of great importance. The distinctive sign of cultural objects consists of a blue and white shield and is used under the responsibility of the belligerent party. The sign must be large and visible. Cultural property personnel and objects under special protection can be marked with one sign. Cultural objects under special protection and cultural property transports can be marked with three signs in triangular formation with one sign below. Personnel assigned to guard cultural objects under special protection may be armed with light individual weapons.
17. Regulations for the Execution of the Convention for the Protection of Cultural Property in the event of Armed Conflict, 1954. These regulations make provision for procedures for the special protection, obtaining immunity, transportation of cultural property and a distinctive emblem or sign for cultural property. The sign shall be visible from the ground at regular intervals sufficient to indicate clearly the perimeter of a centre containing monuments under special protection and at the entrance to other immovable cultural property under special protection. In the event of armed conflict, the sign shall be placed on vehicles of transport so as to be clearly visible in daylight from the air as well as from the ground.
18. Convention concerning the Protection of the World Cultural and Natural Heritage, 1972. This convention aims to protect cultural and natural heritage of outstanding universal value by a system of collective protection. Cultural and natural heritage of each party are considered a world heritage. Cultural heritage includes monuments, groups of buildings, inscriptions, cave dwellings, archaeological sites or other sites or a combination of these features which are of outstanding value from a historic, artistic or scientific point of view. Natural heritage includes physical and biological formations which are of outstanding value from an aesthetic or scientific point of view or geological or physiographical formations or natural areas which constitute the habitat of threatened animals or plants of outstanding value from a scientific or conservation point of view.
19. Convention on the High Seas, 1958 (Geneva). This convention charges the state with a duty to prevent the pollution of the seas from the discharge of oil or the dumping of radioactive waste.
20. International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969 (Brussels). This convention provides for the prevention, mitigation or elimination of grave and imminent danger to the coastline or related interests from pollution or threat of pollution of the sea by oil, following on a maritime casualty that may reasonably be expected to result in major harmful consequences.
21. International Convention for the Prevention of Pollution from Ships (MARPOL) as modified by the Protocol of 1978 (London). This convention provides for the prevention of pollution of the marine environment by the discharge of harmful substances or effluents. It includes provisions for the prevention of pollution by oil, sewage, garbage, and noxious liquid substances in bulk and harmful substances carried by sea in packaged form. An important requirement is the provision of waste reception facilities at port for oil residues and the listing of special areas where only clean ballast is permitted.
22. International Convention on Civil Liability for Oil Pollution Damage, 1976 (Brussels). This convention provides for the prevention and combating of pollution of the sea by oil and determining liability in certain respects for loss or damage caused by the discharge of oil from ships.
23. Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (London, Mexico, Moscow, Washington). This convention aims at controlling all sources of pollution of the marine environment. The dumping of radioactive wastes, biological and chemical warfare materials, persistent plastics, oils, synthetic materials and other chemical products are prohibited the second and third category may only be dumped in accordance with a general or special permit. This convention is amended by:
a. Amendments to the Annexes to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1981
b. Amendments to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter concerning Incineration at Sea, 1979
24. United Nations Convention on Law of the Sea, 1982 (Geneva). This convention contains general provisions on dumping by adopting laws to prevent, reduce and control pollution by dumping which shall not be carried out without the permission of the competent authorities. Furthermore, the continental shelf and the exclusive economic zone must be protected against marine pollution resulting from seabed activities. This convention also imposes a duty on states to conserve the living marine resources of the exclusive economic zones. Article 303 imposes a duty on states to protect archaeological and historical objects found at the sea.
25. Convention on the Conservation of Antarctic Marine Living Resources, 1982 (Canberra). Article II deals with the harvesting of marine living resources in the Antarctic.
26. Convention for the Conservation of Antarctic Seals. Article 2 deals with the capturing or killing of seals in the Antarctic.
27. Convention on Fishing and Conservation of the Living Resources of the High Seas, 1966. These following two conventions developed international law with regard to fishing and conservation in the marine environment:
a. Convention on the Territorial Sea and the Contiguous Zone, 1958 (Geneva)
b. Convention on the Continental Shelf, 1958 (Geneva)
28. International Plant Protection Convention, 1951 (Rome)
29. Convention on the Conservation of Migratory Species of Wild Animals, 1991
30. Convention on Wetlands of International Importance especially as Waterfowl Habitat, 1971 (Ramsar)
a. Protocol to amend the Convention on Wetlands of International Importance especially as Waterfowl Habitat, 1986
b. Amendments to Articles 6 and 7 of the Convention on Wetlands of International Importance especially as Waterfowl Habitat, 1994
31. Convention relating to the Preservation of Fauna and Flora in their Natural State, 1933 (London)
ENVIRONMENTAL POLICIES, PROCEDURES AND GUIDELINES
1. Comprehensive DOD Policy Statement on Defence Facilities and Environmental Management, DODI Pol & Plan No 33/2000
2. Guidebook to the Conversion of Military Bases in South Africa
3. Broad Strategy and functional strategies for Environmental Services in the SANDF
4. Die uitfasering van osoonvernietigende stowwe, SANDF Directive 4/8 dated March 1994
5. Handling of poachers on SANDF properties, Ops Instr 16/96 dated March 1996
6. Policy and Procedures for the Participation in Conservancies in the DOD, Draft DODI Log No 46/2002
7. Policy and Procedures for the Management of Game in the DOD, Draft DODI Log No 47/2002
8. Policy and Procedures for the Operation of Incinerators in the DOD, Draft DODI Log No 48/2002
9. Nature and Environmental Conservation in the SADF, Log 17 Pam 20 dated Jul 87
10. The handling of applications for prospecting rights on SADF controlled properties, Log 19 Pam 1 dated Apr 92
11. Leasing of SADF controlled land for grazing, Log 19 Pam 5 dated Nov 92
12. Keeping of live stock on SA Defence Force Terrains by Funds and Institutions, Log 19 Pam 7 dated Sep 93
13. Keeping of Live Stock on SA Defence Force Terrians by Terrain Caretakers, Log 19 Pam 8 dated Sep 93
14. Fencing of NDF controlled State Property, Log 19 Pam 10 dated Nov 94
15. Fire Belts on NDF controlled land, Log 19 Pam 11 dated Nov 94
16. Harvesting of Veld Grass on SANDF controlled Terrains, Draft Log Pam
17. Civilian Graves on SANDF Controlled Terrains, Draft Log Pam
18. Process and Procedure for the Establishment and Functioning of the Facilities Management Steering Group and its Sub-steering Groups, Logistics Division Internal Instruction 24/2002 dated 31 Jul 02
19. Procedure for the Establishment and Functioning of the Regional Environmental Advisory Forums in the DOD, Logistics Division Internal Instruction 25/2002 dated 31 Jul 02
20. Procedure for the Establishment and Functioning of the Regional Facilities Interface Manager Environmental Working Groups, Logistics Division Internal Instruction 26/2002 dated 31 Jul 02
23. Harvesting, Removal and Utilisation of Natural Vegetation on Defence controlled Properties, Draft SOP.
24. Management of Gravesites and Burial Grounds on Defence controlled Properties, Draft SOP
25. Guidelines for the compilation of military ecological management plans for SANDF facilities dated Apr 87
26. Veldbrand as natuurlewebestuurmaatreel in die Suider Afrikaanse Subkontinent: Agtergrond en Riglyne dated Jan 89
27. Guideline for the Establishment of a Veld Herbarium on Defence Force Terrains dated Sep 89
28. Guidelines for the Cost-Effective Control Measures for Alien Invasive Plants dated Jan 90
29. Guideline for the Establishment of Fire Breaks using Different Methods including the Use of Herbicides dated Feb 90
30. Background and Guidelines for the Control of Erosion on Defence Force Terrains dated Mar 90
31. Guideline for the Prevention of Erosion on Defence Force Terrains dated May 90
32. Guideline for the Prevention of Veld Fires on Defence Force Terrains dated Aug 92
33. Control of Problem Plants on Defence Force Terrains dated Aug 92
34. Guideline for the Co-use of SANDF controlled Land dated Mar 93
35. Guidelines for the Adjudication of Environmental Competitions Edition 5 dated Oct 04
36. Guidelines for the Disposal of Fluorescent Light Tubes in the DOD dated Aug 07
37. Guide to Environmental Compliance for Commanding Officers dated July 2003
38. Format of a Military Ecological Management Plan for Defence Facilities dated Jan 95
39. Format van a Base Environmental Management Plan for Military Facilities dated Aug 95, updated in Jun 08
40. Format van a Cultural Resource Management Plan, Draft Format
41. Military Integrated Training Range Management, Guidebook No 3 by ESWG under DEFCOM
42. Development and Implementation of Environmental Education and Training in the Military, Guidebook No 4 by ESWG under DEFCOM
43. Environmental Impacts Assessment in the Military, Guidebook No 5 by the ESWG under the DEFDOM
44. Environmental Considerations during Military Operations, Guidebook No 6 by the ESWG under the DEFCOM
45. Integrated Waste Management in the Military, Guidebook No 7 by the ESWG under the DEFCOM
FIXED ASSETS POLICIES, PROCEDURES AND GUIDELINES
1. Spatial Planning in the SADF, Log 11 Pam 2 dated Aug 92
2. Militêre Nasionale Ruimtelike Riglyn, Log 11 Pam 3 dated Oct 92
3. Acquisition of Building and Construction Works (Major Works) for Execution by the Building Department, Log 12 Pam 3 Part 1 dated May 95
4. Acquisition of Fixed Property, Log 12 Pam 8 Part 2 dated Dec 92
5. Acquisition , Erection and Administration of Transportable Units on State Property by means of Own Resources Funds, Log 12 Pam 8 Part 3 dated Dec 92
6. Promotion of Minor Works in the SADF, Log 12 Pam 8 Part 4 dated Dec 92
7. Huurneming van Geboue vir Kantoor-, Pakhuis en/of Werkwinkelakkommodasie, Log 12 Pam 8 Part 5, dated Dec 92
8. Fasiliteite-aanskaffing asook onderhoud en herstel dmv Departementele Eie Vermoë, Log 12 Pam 8 Part 6 dated May 95
9. Use of the Banqueting Room of the Castle for Receptions and Functions, Log 17 Pam 3 dated Jun 96
10. Beskikking oor SAW beheerde grond, Log 19 Pam 3 dated Nov 92
11. Aansoeke om serwitute op SAW beheerde grond, Log 19 Pam 4 dated Nov 92
12. Ondertekening van ooreenkomste vir die kostelose verkryging van privaatgrond vir mil opleidingsdoeleindes, Log 19 Pam 6 dated Nov 92
13. Verhuring van Nasionale Weermag sale/lokale en geboue aan weermaglede, burgerlike individue en burgerlike organisasies, Log 19 Pam 12 dated Jan 98
14. Levy of entrance fees at sports meetings in or on Defence sports clubs, sports facilities, letting and subletting of sports facilities, Log 19 Pam 13 dated Nov 94
15. Control of and accounting for buildings utilised by the NDF, Log 19 Pam 16 dated Nov 94
16. Abuse of municipal services in and around State and hired buildings, Draft SANDF Order
17. DOD Policy on Land Restitution, DODI 6/99 dated Aug 99
18. Joint Use of Defence Controlled Facilities, Draft Manual dated Feb 99
19. Corporate Level Liaison Forums between DOD and DPW, SOP dated Apr 01
20. Internal DOD Procedures for the Handling of the DOD/DPW Strategic Liaison Forum, SOP dated Jan 01
21. DOD Fixed Assets Committee, SOP dated Nov 01