Legal compliance challenges for the management of waste from the explosives sector : a South African case study

Abstract

Explosives waste generation is a universal problem because of its complex and hazardous nature. Despite the well-known negative impacts of explosive waste on the environment, there has been very little research on the governance of these waste streams, especially in the evaluation of the legislative framework and legislative compliance. This study aimed to determine the legal framework applicable to the management of explosives wastes in South Africa, and to examine legal compliance challenges in the explosives sector. This was done by using a South African explosives manufacturer as a case study, focusing on the life cycle of explosives waste management – from generation, including the explosive destruction process to final disposal. To achieve the aim of this study, three research objectives were researched through the collection of primary and secondary data. The methodology of data collection included literature review, the review of previous audit reports, conducting interviews, performing onsite observations, as well as a legal verification on selected legislation applicable to the scope of this study. The findings of the research revealed that legal compliance status of the explosives manufacturer has improved over the past five years, and that the manufacturer was generally in compliance with applicable legislation at the time of the research study being conducted. There were, however, some areas of non-compliance, where these non-compliances may cause negative environmental impacts. Non-compliances related to explosives waste management were related to the storage of explosives waste exceeding the storage capacity, transportation of uncovered explosives waste, which can be easily blown away by the wind and result in contamination of the exposed area. The outcomes of the interviews indicated that employees did not receive appropriate training from local authorities on the requirements for the handling and disposal of explosives wastes, and interviewees perceived a lack of emphasis on explosives waste recycling. The study has provided different recommendations to appropriately manage legal compliance challenges by the explosive sectors. From lessons learned from the developed world, this research recommends that government officials should take the lead in ensuring that explosives manufacturing sectors level of legal compliance is enforced and continuously monitored.