The book considers the nature of mineral and petroleum rights in a statecustodianship model within a constitutional context. It was concluded that em in south africa within the framework of iem is an adequate response to the worldwide trend towards sd. The project is one of the largest infrastructure development public private partnerships ppps in. A friend or foe to landscape protection in south africa 2005 122 south african journal of environmental law and policy 97121. As such, south africa has seen the emergence of a mass of environmental legislation aimed at better regulation and management of natural resources and the need to oversee sustainable development in all spheres of government.
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. This study attempted to identify and sort these different sets of principles and then to measure it against the international standard of agenda 21. Discover delightful childrens books with prime book box, a subscription that delivers new books every 1, 2, or 3 months new customers receive 15% off your. Commonlaw remedies for environmental protection richard summers towards a more effective environmental compliance and enforcement regime for south africa alexander paterson and louis j. As such, the book seeks to stimulate academic discourse about the impact of the incorporation of state custodianship in this field of law. South african environmental law encompasses natural resource conservation and utilization, as well as landuse planning and development. Seeking access to environmental information in south. 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. The legal system and sources of law south african legal. South africa is a leading african country in terms of open access oa. Lawsa is used as a starting point for legal research since it covers the law as it stands and makes reference to relevant legislation, case law, text books and journal. South durban community environmental alliance v head of department. A comprehensive examination of the aspects of south african environmental law. A proud legacy of empowering generations of south africas finest legal minds.
Consequently, considerable research and deliberation. Environmentalprotectioninsouthafrica thedepartment qf environmental 4fairs ishamstrung byinterdepartmentalrivalry. 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. Parts of this chapter have been substantially adapted from environmental law in south africa by prof. Health, safety and environmental law society of south africa, parkview, gauteng, south africa. He joined the institute law in 2004 and holds a bsocsci llb llm environmental law phd from the university of cape town. Past, present and future juta and jutastat are names synonymous with. Basic steps in the research process environmental law is a body of law, which is a system of complex and interlocking statutes, common law, treaties, conventions, regulations and policies which seek to protect the natural environment which may be affected, impacted or endangered by human. The team of lecturers involved, combine intellectual leadership and cuttingedge practical insight. The political, economic and social transformation of the country is fairly recent, having taken place in only the last 16 years.
South african journal of environmental law and policy. Identify the legislation for your companys specific activities according to the operations aspectimpact registers activity, aspect and impact identification with relevant legal liability. The uj law faculty is thus well placed to offer a highly relevant llm in commercial law, drawing students from leading commercial firms. The text examines the growing public concern regarding environmental problems and the legal issues surrounding it. Understand the applicable environmental laws in south africa and what the 3 sources of environmental law are. Paterson ar tax incentives valuable tools for biodiversity conservation in south africa 2005 1 south african law journal 182216. May 09, 2017 south africas environmental laws were created in a time of great hope, when the country was being made anew after the 1994 elections. 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. The nagoya protocol and its potential implications for south africa.
Environmentalists are winning the battle for enforcement of. Department of public law university of cape town private bag x3 rondebosch 7701. Environmental laws and legislation in south africa index. Evaluating south african environmental impact assessment. Environmental compliance and enforcement in south africa.
Certain information has also been taken from environmental laws of south africa by p. South africas environmental laws were created in a time of great hope, when the country was being made anew after the 1994 elections. North gauteng high court decision on south african tyre recycling process company npc and bridgestone south africa pty ltd. In an era in which the environment is high on many peoples agendas, south africa is fortunate to have, at least on paper, provisions that are generous in their facilitation of access to courts with the objective of protecting or conserving the environment. It is organized around four departments and one centre, namely. Environmentalists are winning the battle for enforcement. The romandutch law common law of south africa is the uncodified law of holland as it was at the. Proposed regulations regarding fees for the provision of aviation meteorological services 18 december 20 act no. The mineral and petroleum resources development act the mprda is the principal piece of legislation governing all stages of. Excellent book for the academic who wants to explore various environmental issues in south africa. 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. Ius commune book cover of law of the seas by hugo grotius published 1633. Sabinet south african journal of environmental law and. For this reason south africa is often referred to as a young democracyll12q or immature democracy.
The goal of an environmental studies program is to prepare students to solve environmental issues. African federation of environmental journalists afej. We have considered the necers published between 2008 and 2016 to determine whether any enforcement trends over this period have emerged. Law, memory, and emancipation in postapartheid south africa. Natural resources law pbl5642s institute of marine and. Zyl 18731956, governor general of the union of south africa from 1946 to. Nema south africa national environmental management act legislation and environmental acts. To obtain a masters, you usually need to complete 12 to 18 college courses that often involve completing comprehensive tests andor a thesis. National environmental management laws second amendment act, 20 gg. The constitution says that everyone has the right to a safe and healthy environment. Jun 22, 2017 the department of environmental affairs dea annually publishes a national environmental compliance and enforcement report necer.
Best masters in environmental studies in south africa 2020. Since 1999, elis africa program has worked to strengthen environmental law, policy, and management in africa. Access and benefitsharing in the wake of cbd cop10. Designed primarily for students, the text should also prove of value to practitioners. Jun 25, 20 carbon tax policy paper 20 document download last updated on jun 25, 20 the south african carbon tax policy paper reducing greenhouse gas emissions and facilitating the transition to a green economy has been released by the south african national treasury for public comment. South africa has one of worlds most contemporary legal regimes regulating natural resources and it will be used as a case study through which to critically explore the nature and application of these tools inherent in natural resource legislation. 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. Pages in category environmental law in south africa the following 3 pages are in this category, out of 3 total.
Environmental law in south africa,butterworths, cape town, 2000 at pp 912 and second edition pp. This publication examines the emerging yet complex body of south african environmental laws. Updates for 12 months print and mobile are included in the price. Despite the convention on biological diversitys recognition of state sovereignty over genetic.
The research fields of the faculty include the international law of the sea and the law. National waste information regulations g 35583 gon 625 august 2012. A proud legacy of empowering generations of south africas finest legal. Development and rule of law programme drop, south africa dr. South african environmental law through the cases south african environmental law through the cases this book focuses on the judicial precedent as one of the primary sources of modern environmantal law in south africa written by. Recent trends in the enforcement of environmental law in.
Constitutional law of south africa vol 12 9781485101277. 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. Click here to view the environmental law programme. Its key elements are equity, conservation and efficiency. Environmental law legal specialists, listed according to their areas. Commonlaw remedies for environmental protection richard summers towards a more effective environmental compliance and enforcement regime for south africa. Get south african environmental law through the cases from. The department of environmental affairs dea annually publishes a national environmental compliance and enforcement report necer. Evaluating south african environmental impact assessment eia. 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.
This book shows victims attempts to emancipate from their experiences by participating in. Overview the african federation of environmental journalists afej is a network and regional association founded in april 15, 2011, dedicated to promoting education, understanding and awareness of the environment through the honest and accurate reporting of local, regional and international environmental and development issues. Proposed regulations regarding fees for the provision of aviation meteorological services. Llm in commercial law, johannesburg, south africa 2020. In terms of a 2002 amendment to the books and newspapers act of 1905. South africa has a mixed legal system a hybrid of roman dutch civilian law, english common law. South africa a masters is earned after students complete an undergraduate degree program. Aug 11, 2018 nema south africa national environmental management act legislation and environmental acts.
The project is one of the largest infrastructure development public private partnerships ppps in south africa to date. The act replaces the water act 54 of 1956, and repeals more than a hundred other acts dealing with water. Many large corporate and commercial transactions take place in johannesburg, south africas economic hub. South african environmental law encompasses natural resource conservation and utilization, as well as landuse planning. Alice university of fort hare nelson mandela school of law private bag x14, alice 5700, the nelson r mandela school of law consolidates the existing academic and outreach programmes, including the legal aid clinic and the oliver tambo chair of human rights centre. 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.
For information on south africas response to covid19 please visit the covid19 corona virus south african resource portal. South africa united nations educational, scientific and cultural. Health, safety and environmental law society of south africa. Attorney, director of environmental services, server and more on. Every year the free access to law movement holds the lvi conference that. Carbon tax policy paper 20 document download last updated on jun 25, 20 the south african carbon tax policy paper reducing greenhouse gas emissions and facilitating the transition to a green economy has been released by the south african national treasury for.
Environmental law in south africa is a subscription based product including both the printed looseleaf and lexismobile publications. A further factor that constrained the implementation of environmental evaluation procedures in south africa was the recognition by proponents of eia that the direct transfer of united states and european models to south africa would not be appropriate. Environmental management training and courses in south. Seeking access to environmental information in south africa.