Die beskikking van dierkarkasse as afval
Fourie, Louis Theunis
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The disposal of animal carcasses can pose a significant danger to the health and well being of the environment, people and animals. If waste is not disposed of in a proper manner, it may lead to a serious risk of disease transmission, the attracting of pests and vermin, as well as public health hazards like air and water pollution. There are several methods for the proper disposal of animal carcasses including burial/landfill, incineration, rendering, and composting. Section 4(d) of the National Environmental Management: Waste Act 59 of 2008 (NEMWA) currently states that the disposal of animal carcasses is regulated by the Animal Health Act 7 of 2002 (AHA). Due to the proposed amendment to section 4(d) in the National Environmental Management: Waste Amendment Bill, 2013, animal carcasses will in future be regulated by NEMWA. A number of acts are applicable to the regulation of animal carcasses in South Africa which include the National Environmental Management Act 107 of 1998 (NEMA); the National Environmental Management: Air Quality Act 39 of 2004 (NEMAQA); the National Water Act 36 of 1998 (NWA); Occupational Health and Safety Act 85 of 1993 (OHSA); Disaster Management Act 57 of 2002 (DMA); Hazardous Substances Act 15 of 1973 (HSA); National Road Traffic Act 93 of 1996 (NRTA); and the Constitution of the Republic of South Africa, 1996. The purpose of this study is to investigate and discuss the regulation of the disposal of animal carcasses in South Africa to find a solution for its fragmented regulation or non-regulation. A literature study is used as a research method. The comparative method is used to a certain extent fill any deficiencies that currently exist in the South African legal system relating to the disposal of animal carcasses. The position in South-Africa is discussed according to the disposal methods of burial/landfill, incineration, rendering and composting. The position in certain states in the USA is also discussed in accordance with these disposal methods as they have legislation dedicated specifically thereto. The disposal of animal carcasses by way of landfill is fairly well regulated in terms of South African legislation (NEMWA, NEMA, AHA, NWA and the NRTA). Burial is not regulated and it is proposed that the procedures of Missouri be followed. v Animal carcasses may be incinerated. Incineration is regulated by NEMA, NEMWA, NEMAQA and the NRTA. There is no specific act dealing with incineration. The state of Texas is a good example of how incineration can be regulated. Composting is regulated to a certain extent by NEMA, NEMWA, NWA, NRTA and NEMAQA, but Minnesota provides an example of good practice. Animal carcasses are rendered to new products. The carcasses are still considered waste until the rendering process is completed. Rendering is regulated by NEMA, NEMWA, NRTA and NEMAQA. The unused parts of the animal remain waste and have to be dealt with in terms of applicable legislation. The legal requirements regarding rendering are well dealt with in Illinois legislation. The transportation of animal carcasses needs to be regulated properly. The NRTA regulates transportation in South Africa. As a result of the abovementioned states in the USA having legislation directly regulating animal carcasses, the transportation of these carcasses are also regulated. This dissertation discusses the main regulatory challenges that face the regulation of animal carcasses in South Africa, and some recommendations are made on possible amendments to existing legislation.
- Law