The above protocol sets greenhouse gas emissions objectives for industrialised countries and is aimed at the reduction of greenhouse gases, hence benefiting both. Certain information has also been taken from environmental laws of south africa by p. This article seeks to analyse good governance decisionmaking in the environmental context through an understanding and interpretation of the relationship between good environmental governance evidenced inter alia by decisionmaking by public authorities and sustainable. South african national biodiversity institute sanbi. Sabinet south african journal of environmental law and. Energy law and environmental protection in south africa. List of court decisions relating to environmental law1 wildlife society of southern africa and others v minister of environmental affairs and tourism 1996 3 sa tks case on environmental law environmental conservation. The constitution, environmental rights and cooperative governance.
This exciting and highly relevant postgraduate programme in law is one of the few in south africa that comprehensively covers a broad spectrum of environmental law, governance and related modules. Saphira patel of the development bank of southern africa. Green paper on an environmental policy for south africa october 1996 green paper for public discussion department of environmental affairs and tourism foreword environmental policy has a major part to play in meeting the development needs of people in the new democratic south africa. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focus on the management of specific natural resources, such as forests, minerals, or fisheries. Unesco eolss sample chapters public administration and public policy vol. Oclcs webjunction has pulled together information and resources to assist library staff as they consider how to handle coronavirus. Conservation of natural resources law and legislation.
Pdf the reception of international environmental law in. Itisaccordingly concluded that,ifmeans aretobefoundfor ensuring adequate mitigation qfenvironmental impactinthe face qfongoing economicdevelopment, itisnecessary to establish ajudicial commission on environmental4falrs advised by,butgiven greaterpowers than,the departments currently. Eli also provided copies of other framework environmental laws from africa and around the world to assist the association and the government of liberia in developing an effective framework environmental law. This publication examines the emerging yet complex body of south african environmental laws. He specializes in environmental law generally, with specific focus on water. Access and benefitsharing in the wake of cbd cop10. South african journal of environmental law and policy print. Minister for environmental affairs first appellant department of environmental affairs second appellant and aquarius platinum sa pty limited first respondent. Environmental impact study eia assessment law national level. The bill has farreaching implications in ensuring that south africas nationaldetermined contribution commitments which have been endorsed in terms of the paris agreement on climate change 2015 are fulfilled, and to reduce the nations greenhouse gas. The environmental law association of south africa ela is committed to pursuing the development, teaching, application and practice of. Environmental law enterprises university of pretoria. Management of agulhas muds marine protected area 42479 gn 796.
Environmental laws and legislation in south africa index. Environmental policy in south africa should give effect to the many rights in the constitution that relate to the environment. The organisation attracts members from an array of different environmentallyrelevant disciplines which results in the ela being an ideal forum for networking and the sharing of information and. Environmental policy, south africa, development, natural resource, business strategy contents 1. Nema south africa national environmental management act nema south africa national environmental management act. Environmental management act 107 of 1998 and s 32 of the constitution of the republic of south africa, 1996.
A comprehensive examination of the aspects of south african environmental law. Parts of this chapter have been substantially adapted from environmental law in south africa by prof. The mineral and petroleum resources development act the mprda is the principal piece of legislation governing all stages of. Environmental law, principles, policies, directives, and regulations enacted and enforced by local, national, or international entities to regulate human treatment of the nonhuman world. The organisation attracts members from an array of different environmentallyrelevant disciplines which results in the ela being an ideal forum.
We have a number of readers seeking advice or information regarding the nema legislation. Lloyd encyclopedia of life support systems eolss outlook will, however, have a great impact on the both the quality and quantity of. Application for mandamus compelling state to comply with its obligations to protect environment imposed by statute. Energy law and environmental protection in south africa w. The mineral and petroleum resources development act the mprda is the principal piece of legislation governing all stages of the mining process in south africa. The environment has been an important factor since the beginning of time. Environmental law remained inadequate and ineffective especially when aspects such as.
Reliable information about the coronavirus covid19 is available from the world health organization current situation, international travel. Green paper on an environmental policy for south africa. We will, in future, expand this guide to also cover environmental regulatory. However, formatting rules can vary widely between applications and fields of interest or study. The constitution says that everyone has the right to a safe and healthy environment. Environmental justice in south africa provides an overview of this relatively new environmental justice movement in south africa. Mining 2020 laws and regulations south africa iclg. South african environmental law encompasses natural resource conservation and utilization, as well as landuse planning. Know your environmental rights department of environmental affairs. The ela environmental law association south africa is a nonprofit organisation with its main objective to promote and assist in the development and application of environmental law in south africa.
Environmental law in south africa journal of environmental. Sajelp south african journal of environmental law and policy sea strategic environmental assessment. Other areas of focus include environmental rights, international environmental law, law of the sea and international resources law. This topic contains articles related to energy law and environmental law, spanning from oil and gas, to renewable and alternative energy, environmental protection laws, carbon tax, as well as legislation, regulatory bodies, cases, and recent developments in those fields. Environmental law, also known as environmental and natural resources law, is a collective address environmental pollution. Nema environmental consultants are selling us out this entry was posted in environmental laws and legislation in south africa and tagged environmental law, legislation, south africa.
These include rights relating specifically to the environment, as well as those relating to governance such as locus standi, administrative justice, and public participation. Minister for environmental affairs first appellant department of environmental affairs second appellant and aquarius platinum sa pty limited first respondent minister of water and sanitation second respondent directorgeneral. Even the interim constitution before the final 1996 constitution of the republic of south africa came into operation, included an environmental right in terms of section 29 thereof. The text examines the growing public concern regarding environmental problems and the legal issues surrounding it. Updates for 12 months print and mobile are included in the price. Other areas of focus include environmental rights, international environmental law. Nema south africa national environmental management act.
Ii developmental issues and environmental policy in south africa i. Environmental law in south africa janglazewski durban and londonbutter. Crew member, occupational health nurse, environmental health officer and more on. Environmental liability is strict and wide enough to hold companies, parent companies, lenders and even directors and officers responsible for pollution and environmental degradation. Sadc environmental legislation handbook 2012 0254769877 59975third etonio 3 chapter 1 1 eaver, a, 2003. In addition to the material it contains relating to south african legislation on environmental law, a further valuable feature of work is the information it contains regarding multilateral environmental agreements, as well as the. Environmental law regulates the interaction of humanity with the rest of the biophysical natural environment to reduce the impact of human activity on both the environment and, ultimately, humanity itself. National environmental management act south african government. Environmental justice in south africa provides an overview of this rela tively new environmental justice movement in south africa. The short course in environmental law provides you with a comprehensive overview of the fastgrowing and increasingly relevant field of environmental law in south africa. Against a background of internationalization, and significant resource constraints, states and actors within states should seek to learn from each others experiences.
Developmental issues and environmental policy in south africa. In 20032004, tanzania developed a new framework law governing environmental protection. Lloyd vista university, port elizabeth, south africa keywords. Patrick mcauslan, environmental law in south africa, journal of environmental law, volume 14, issue 2, 2002, pages 266270. The role of good environmental governance in the sustainable. Iclg mining laws and regulations south africa covers common issues in mining laws and regulations including the mechanics of acquisition of rights, foreign ownership and indigenous ownership requirements and restrictions, processing, beneficiation in 28 jurisdictions. It is intended to provide a selective overview of certain aspects of environmental law in south africa and to answer some of the most frequently asked questions regarding environmental law in a transactional context. The constitution of the republic of south africa act 108 of 1996 rsa. Environmental law in south africa is a recent field of law and regulation. Specific issues are regulated by different acts, which may confuse developers. Evaluating south african environmental impact assessment eia. Bryony walmsley of the southern african institute for environmental assessment, south africa, with input from.
Environmental management, department of agriculture, conservation and environment, mpumalanga province, and other,14 the applicant argued that in as climate litigation south africa earthlife africa johannesburg 38 7 ibid 16. Request for information made between dates of promulgation of promotion of access to information act 2 of 2000 and its coming into operation. Jun 05, 2016 nema south africa national environmental management act nema south africa national environmental management act. Structured llm in environmental law and governance. Acts and regulations department of environmental affairs. The reception of international environmental law in south africa. In the same way that the edited collections of going green cock and koch 1991 and restoring the land. An environmental lawyer works to represent clients in legal issues such as in clean technology, water law, climate change law and the management of land subject to native title and other public land. Pdf south african environmental policy on the move researchgate. Environmental law association of south africa home. He is the author of environmental law 2nd ed 2011, a leading south african textbook, and numerous papers on a variety of environmental law.
Add to enquiry environmental laws of south africa online isbn 23069171. Designed primarily for students, the text should also prove of value to practitioners. The vast field covers a broad range of topics in diverse legal settings, such as state bottlereturn laws in the. Management of south west indian seamount marine protected area 42479 gn 795 23 may 2019 national environmental management. Protected areas law matrix south africa alexander ross paterson name of instrument analysed national environmental management. South african environmental law describes the legal rules in south africa relating to the social, economic, philosophical and jurisprudential issues raised by attempts to protect and conserve the environment in south africa. An environmental right relates to the right we have to the environment. Department of environmental affairs and tourism deat climate change strategy the programme is based on the kyoto protocol, which south africa still has to ratify. Environmental law in south africa is a subscription based product including both the printed looseleaf and lexismobile publications. Environmental law is a collective term encompassing aspects of the law that provide protection to the environment. Compendium of south african environmental legislation 2nd edition published by. Constitutional court of south africa case cct 10215 in the matter between. South african journal of environmental law and policy style.
Numerous and frequentlyupdated resource results are available from this search. Evaluating south african environmental impact assessment. South africa robyn is an attorney and has 20 years of legal experience in advising south africas government and foreign governments, business, ngos and international organisations on the development and implementation of effective policy and legislative frameworks in the fields of environmental, water and sustainable development law and. Environmental 4fairs ishamstrung byinterdepartmentalrivalry. Despite the convention on biological diversitys recognition of state sovereignty over genetic. It provides a forum for scholars and practitioners from south africa and around the world to reflect on issues of significance locally and internationally. The dynamic and thoughtprovoking course focuses on the national environmental management act of 1998 and various specific environmental management acts that. All these present very real difficulties for lawyers trying to tackle transboundary air pollution relying on general international law. Compendium of south african environmental legislation mpa forum. In 1994 south africa adopted a powersharing democracy as basis for its political system, and this pluralistic slant also is evident in post1994 environmental legislation, including that.
Robery in south africa, briefing paper 26 may 2010 available at. Pretoria university law press pulp the pretoria university law press pulp is a publisher at the faculty of law, university of pretoria, south africa. Conservation of natural resources law and legislation south africa. Include short quotes in the text, using single quotation marks. Evaluating south african environmental impact assessment eia processes in the context of the gautrain project dissertation submitted in fulfilment of the requirements of the master of laws degree llm in the school of law, faculty of commerce, law and management. South african journal of environmental law and policy. Well i am a simple person who got involved in fighting environmental issues some 17 years ago. Pulp endeavours to publish and make available innovative, highquality scholarly texts on law in africa. The nagoya protocol and its potential implications for south africa.
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