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. Compendium of south african environmental legislation 2nd edition published by. Crew member, occupational health nurse, server and more on. 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.
Through an attempt of keeping up with the developing world, and trying to meet the high demands of the growing population, southern africa has exhausted its many resources resulting in severe environmental damage. Environmental 4fairs ishamstrung byinterdepartmentalrivalry. Thank you for visiting the environmental geographical information systems. Biodiversity act 10 of 2004 p17 national environmental management. Individual country ranks and epi scores are shown in map 31 and figure 33.
Nema south africa national environmental management act legislation and environmental acts. The institute of marine and environmental law is based within the faculty of law at the university of cape town, recently rated one of the top 200 universities in the world and the highestranked in africa. The concept was initially constructed in an attempt to resolve the conflicting needs of development and environmental protection. Significantly, however, specific legislation called for in sections 32 and 33 should go a. Judgment jafta j moseneke dcj, cameron j, khampepe j, madlanga j, nkabinde j. Pulp endeavours to publish and make available innovative, highquality scholarly texts on law in africa. He is the author of environmental law 2nd ed 2011, a leading south african textbook, and numerous papers on a variety of environmental law. Everyone has the right to an environment that is not harmful to their health or wellbeing. Mcdonald ed, environmental justice in south africa university of cape town press 2002 1. The analysis and recommendations of this report do not necessarily reflect the views of the department of environmental affairs. It will be south africa s third attempt to do so since 1994.
Chapter 10 air quality department of environmental affairs. 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. Aug 18, 2018 environmental impact assessment management strategy eiams. Over the past decade, a number of acts have been passed which define the essence of south african environmental law, and several landmark environmental law judgements have been handed down by the courts. South africa is home to more than nine million hectares of protected areas network, which includes national parks, nature reserves and world heritage sites, equating to about 8% of the countrys land. National waste information regulations g 35583 gon 625. The order of the high court of south africa, gauteng division, pretoria is set aside and replaced with the following order.
Odeku faculty of management and law, university of limpopo, turfloop, south africa. Environmental law in south africa is a subscription based product including both the printed looseleaf and lexismobile publications. Admitted as an attorney of the high court of south africa stephen has 32 years of experience in various areas of litigation, dispute resolution and environmental law. South african national land cover sanlc 2018 change assessment. Welcome to environmental gis environmental geographical. A vulnerability map may assist governments during environmental assessments, spati. South africa today relies on coal to generate 92% of its electricity and to produce roughly 20% of its liquid. The text examines the growing public concern regarding environmental problems and the legal issues surrounding it. The convention for the protection of natural resources and environment of the south pacific region, 1986, states are obliged to take all the appropriate measures to prevent. At the top of the rankings, switzerland leads the world in the 2018 epi with a score of 87. Environmental impact assessment management strategy eiams.
The south african geographical journal, being a record of the proceedings of the south african geographical society 822. South africa s environmental laws were created in a time of great hope, when the country was being made anew after the 1994 elections. 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. Other areas of focus include environmental rights, international environmental law, law of the sea and international resources law. 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. It is also an institution that needs to be reconciled with human liberty and economic aspirations. The bursaries south africa website provides a comprehensive list of bursaries in south africa. Proposed regulations regarding fees for the provision of aviation meteorological services 18 december 20 act no.
It is the largest country in southern africa and the 9th largest on the african continent, with an area of 1. This case study considers south africas contemporary protected areas regime, as principally reflected in the national environmental management. South africa, officially the republic of south africa, sits on the southern tip of the african continent, with namibia, botswana, zimbabwe, mozambique, swaziland and lesotho bordering. 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. Although the south african vulnerability map does not include. Search results environmental information service namibia. Analysis of water pollution control laws in south africa. In respect of environmental law, stephen has advised clients in regard to environmental impact assessments. Well i am a simple person who got involved in fighting environmental issues some 17 years ago. Lesotho is surrounded by south africa it is in the middle of south africa. Pdf south african environmental policy on the move researchgate.
Environmentalists are winning the battle for enforcement. 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. Excellent book for the academic who wants to explore various environmental issues in south africa. Mar 08, 2015 section 24 of the constitution of the republic of south africa, 1996. A number of countries have implemented carbon taxes or energy taxes that are related to carbon content. South durban community environmental alliance v head of department. National environmental management laws second amendment act, 20 gg.
May 01, 2020 welcome to the official south african government online site. A comprehensive examination of the aspects of south african environmental law. Designed primarily for students, the text should also prove of value to practitioners. Numerous and frequentlyupdated resource results are available from this search. Welcome to the official south african government online site. 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. Environmental and developmental rights in the southern african development community with specific reference to the democratic republic of congo and the republic of south africa by kihangi bindu submitted in accordance with the requirements for the degree of doctor of laws at the university of south africa promoter. Employer department of justice private practice in legal firms government ngos or other civil society agencies selfemployment, environmental lawyers can work with the general public affected by environmental issues contact law society of south africa p o box 36626 menlo park, 1729 304 brooks street menlo park tel. 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. The institute of marine and environmental law is based within the faculty of law at the university of cape town, recently rated one of the top 200 universities in the world and the highestranked in africa the research fields of the faculty include the international law of the sea and the law relating to biodiversity conservation, coastal zone management, land use, water resources, fisheries. Access and benefitsharing in the wake of cbd cop10.
An environmental right relates to the right we have to the environment. South african environmental law encompasses natural resource conservation and utilization, as well as landuse planning. Evaluating south african environmental impact assessment eia. Earthlife africa johannesburg v minister of environmental affairs and others 2017 zagpphc 58 2017 6566216 1 law, environment and development journal 2017, p. South africa s air quality act of 2004 put in place various measures for the prevention of pollution and national norms and standards for the regulation of air quality in the country.
Environmental right in terms of the constitution african. Establishing a solid framework called the environmental impact assessment management strategy eiams has been some time in the making. In 20032004, tanzania developed a new framework law governing environmental protection. Constitution, has created profound shifts in environmental and. 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. Darker shades indicate higher scores in overall environmental performance.
The nagoya protocol and its potential implications for south africa. The conference brought together leading south african environmentalists and academics with their counterparts from around the world in an attempt to map out a future for the environmental justice movement in south africa. One of the outcomes of the conference was the creation of the. Minister mthembu to meet with stats council amid funding concerns. The bill has farreaching implications in ensuring that south africa s 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 emissions to ensure that they are in line with the national climate change response policy. Ester koch, kirshen pillay, and rudi pretorius department of environmental affairs and tourism. The environment has been an important factor since the beginning of time. South africa aims to expand the conservation areas under formal protection to the international standard of 10% of the total area of the country. Climate risk and vulnerability mapping for southern africa. Introduction to environmental law and policy coursera. Without the rule of law and compliance to promote social stability and legal certainty, firms are less willing to make the investments and to assume the risks.
Certain information has also been taken from environmental laws of south africa by p. The research fields of the faculty include the international law of the sea and the law. Du plessis w and du plessis aa, striking the sustainability balance in south africa in the balance of interests in environmental law in africa, pretoria university law press, 2011, page 4458. Chambers global 20192020 ranked our environment practice in band 2 for environmental law. This book covers the entire south african environmental law landscape and does. Despite the convention on biological diversitys recognition of state sovereignty over genetic. Environmental law the master of laws by coursework and research report in the field of environmental law is a 1 year fulltime or 2.
The primary objective of the environment conservation act act 73 of 1989 eca is to provide for the effective protection and controlled ewaste legislation in south africa by lene ecroignard, ewasa with electronic waste ewaste considered a growing problem worldwide, a group of concerned south africans have formed a work ing group. South african journal of environmental law and policy. The constitution says that everyone has the right to a safe and healthy environment. Compendium of south african environmental legislation mpa forum. It also authorizes the minister of environmental affairs to enforce its provisions. Evaluating south african environmental impact assessment. This publication examines the emerging yet complex body of south african environmental laws. The role of good environmental governance in the sustainable. The intellectual foundation thereof was laid in bruntlands vision of our common future, a report by the world commission on environment and development. For example, environmental taxes with implications for greenhouse gas. Department of environmental affairs, 2014, environmental impact assessment and management strategy for south africa draft. Southern african institute for environmental assessment saiea, pp 310. Environmental law is a collective term encompassing aspects of the law that provide protection 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.
On appeal from the high court of south africa, gauteng division, pretoria. Environmental law may be the one institution standing between us and planetary exhaustion. Our environmental team is externally praised for its depth of resources, capabilities and experience. North gauteng high court decision on south african tyre recycling process company npc and bridgestone south africa pty ltd august 2012 national environmental management. Partnering with african ngos and governments, eli helps draft and advance pragmatic and effective environmental laws and policies, analyzes and identifies options to improve the implementation of existing environmental law, and builds the capacity of local institutions and citizens. Environmental law environmental legislation enforcement bp southern african pty ltd v mec for agriculture and land affairs 2004 5 sa 124 w 1 this list pertains not to be a complete list of all cases published on south african environmental law but is a.
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. National forests act 84 of 1998 p7 national water act 36 of 1998 p11 national environmental management act 107 of 1998, as amended including the eia regulations p9 national environmental management. Chambers global 20112018 ranked our environmental practice in band 1 for environmental law. Human rights and the environment, materials for the 61st session of the united nations commission on human rights geneva, 14 march. Pretoria university law press pulp the pretoria university law press pulp is a publisher at the faculty of law, university of pretoria, south africa. Pdf the south african constitution was framed in the context of. Pdf lv south africa year book 201011 chapter 8 energy at p186 lvi bureau of. Environmental law enterprises university of pretoria. Other areas, such as environmental impact assessment, may not fit neatly into. The organisation attracts members from an array of different environmentallyrelevant disciplines which results in the ela being an ideal forum. The recommendations do not necessarily carry the full support of all the sectors represented.
Environmental law and policy reform surrounding packaging waste management in south africa more less scholars from emerging economies are faced with critical shortages o f material pertaining to laws and policies on packaging waste management, particularly insights on their successful implementation or lack o f it thereof. Reliable information about the coronavirus covid19 is available from the world health organization current situation, international travel. See environmentintegrationenergypdffracking%20study. Updates for 12 months print and mobile are included in the price. The dynamic and thoughtprovoking course focuses on the national environmental management act of 1998 and various specific environmental management acts that. Oclcs webjunction has pulled together information and resources to assist library staff as they consider how to handle coronavirus. South african environmental law encompasses natural resource conservation and utilization, as well as landuse planning and development. Similarly, s 71 of the constitution states that the bill of rights affirms these values. Sustainable development is an evolving concept in both international and domestic environmental law. We will, in future, expand this guide to also cover environmental regulatory considerations in kenya, tanzania and uganda.
There are severe criticisms and perceptions of inadequacy about the success of the current eia system as a tool for environmental impact management. Since 1999, elis africa program has worked to strengthen environmental law, policy, and management in 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. He specializes in environmental law generally, with specific focus on water. Constitutional court of south africa case cct 10215 in the matter between. This table is based on an earlier version in road map to environmental legislation. Environmental law has become an exceedingly important branch of the law in south africa over the past 15 years. Parts of this chapter have been substantially adapted from environmental law in south africa by prof. Vulnerability mapping as a tool to manage the environmental. Analysis of water pollution control laws in south africa busi r. Environmental laws and legislation in south africa index. This course considers these issues and provides a tour though existing legal regimes governing pollution, water law, endangered species, toxic substances. National environmental management laws amendment act 25.