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Claire Tucker

Claire Tucker

Far-reaching retrospective provisions on polluted land

13th April 2007 The most significant aspect of the Waste Bill released in January this year by the Department of Environmental Affairs and Tourism is the proposal to include a retrospective contaminated land provision. At this point the proposed section on contaminated land is vague and has potentially very... 

When is it safe to invest? Statutory liability II

12th March 2004 The primary statutes regulating environmental protection in South Africa (the National Environmental Management Act and the National Water Act) incorporate the concept of the ‘polluter pays’. 

Statutory liability: when is it safe to invest

27th February 2004 In this column and the subsequent column I briefly examine how the South African environmental statutes that impose liability on a parent may be interpreted. 

Focus on parent company liability

23rd January 2004 Parent company liability for environmental, health and safety damage caused by subsidiaries is bringing ‘shareholder liability’ into the spotlight. 

Alexkor case highlights discriminatory mining laws

14th November 2003 Mining and minerals legislation formulated by the apartheid government may qualify as ‘racially discriminatory laws or practices’ for the purposes of land restitution claims. 

Unexplored gap in law on compensation for silicosis?

24th October 2003 The threatened litigation against South African mining houses for compensation for diseases such as silicosis is premised on a possible lacuana in the Occupational Diseases in Mines and Works Act. 

Accessing environmental information

23rd November 2001 Use of the Promotion of Access to Information Act, 2000 recently lead to the discovery of a significant amount of documentation held by the apartheid state security forces that the Truth Commission had not managed to access. 

Valve firm extends product range

16th November 2001 After a prolonged period of product development inertia under its former corporate owners, Premier Valves’ new management is working on a number of new product ideas as well as a series of improvements to its existing range. 

A fresh look at class action?

9th November 2001 It is not only groups of disadvantaged litigants that stand to gain by the extension of class actions in South Africa. 

Pay attention to govt's environment plans

26th October 2001 Environmental management and implementation plans (EMPs) should be scrutinised carefully by industry participants – gaps in the plans should be identified and taken up with the Department of Minerals and Energy (DME) and the Department of Environmental Affairs and Tourism. 

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