INTEGRATING POLLUTION REGULATION REGIMES: A COMPARATIVE SURVEY OF THE FINNISH AND SOUTH AFRICAN LEGAL SYSTEMS

Abstract

The South African environmental governance, particularly the pollution regulation regime, is fragmented. Fragmentation ultimately leads to an unsustainable governance effort which negatively impacts on the environment and development in general. In 2000, Finland comprehensively revised the legal structure on which its pollution regulation regime is based. This new regime provides for an integrated environmental authorisation for polluting activities, integrated authorisation procedures and institutions, which result in a more integrated and efficient governance regime. The integrated Finnish approach is based on an European Union framework directive that provides for Integrated Pollution Prevention and Control (IPPC). The Finnish reforms may suggest strategies to integrate the fragmented South African regime. This article commences by investigating the nature and extent of fragmentation in South Africa. It then proceeds to analyse the European framework directive on IPPC, and then to reflect in detail on the new Finnish approach. It concludes by providing some comparative suggestions to achieve integration in South Africa.