Compendium of South African Environmental LegislationMorné Van der Linde PULP, 2006 - 565 pages Environmental law is a broad and interdisciplinary branch of law within the South African legal system. The promulgation of the 1996 Constitution of the Republic of South Africa provided for the potential acceleration of the development of South African environmental law jurisprudence. The Constitution grants every person the right to an environment that is not harmful to their health or well-being; as well as the right to have the environment protected through reasonable legislative and other measures that prevent pollution, ecological degradation, promote conservation and secure ecological sustainable development and the use of natural resources while promoting justifiable economic and social development. Environmental law deals with a large number of legal problems at the domestic level (i.e. South Africa), the regional life (i.e. African Union), the sub-regional level (i.e. Southern African Development Community), as well as at an international level (i.e. United Nations). At the domestic level, environmental law draws on all the formal sources of law including legislation, common law principles, customary law, indigenous law and international environmental law. The bulk of South African environmental law and principles are regulated by legislation at national level. The most important environmental legislative measures at a national level include the 1996 South African Constitution and the National Environmental Management Act (NEMA) of 1998. Other additional environmental legislation in South Africa deal with issues such as conservation, pollution (atmospheric, land, marine, noise, water and waste management), energy and energy resources. Comment Don: Centre for Human Rights. |
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Page 8
... purpose of the expropriation. (4) For the purposes of this section: (a) the public interest includes the nation's commitment to land reform, and to reforms to bring about equitable access to all South Africa's natural resources; and (b) ...
... purpose of the expropriation. (4) For the purposes of this section: (a) the public interest includes the nation's commitment to land reform, and to reforms to bring about equitable access to all South Africa's natural resources; and (b) ...
Page 9
... purpose of the limitation; (c) the nature and extent of the limitation; (d) the relation between the limitation and its purpose; and (e) less restrictive means to achieve the purpose. (2) Except as provided in subsection (1) or in any ...
... purpose of the limitation; (c) the nature and extent of the limitation; (d) the relation between the limitation and its purpose; and (e) less restrictive means to achieve the purpose. (2) Except as provided in subsection (1) or in any ...
Page 11
... purpose, and must exhaust all other remedies before it approaches a court to resolve the dispute. (4) If a court is ... purposes, legislation with regard to a matter listed in schedule 4. (4) When exercising its legislative authority ...
... purpose, and must exhaust all other remedies before it approaches a court to resolve the dispute. (4) If a court is ... purposes, legislation with regard to a matter listed in schedule 4. (4) When exercising its legislative authority ...
Page 14
... purpose set out in subsection (2)(c) and that dispute comes before a court for resolution, the court must have due ... purposes to have been approved by the Council. (8) If the National Council of Provinces does not approve a law ...
... purpose set out in subsection (2)(c) and that dispute comes before a court for resolution, the court must have due ... purposes to have been approved by the Council. (8) If the National Council of Provinces does not approve a law ...
Page 35
... purpose of this Act must be preferred over an alternative interpretation which is not consistent with the purpose of this Act. (4) (a) (b) 2. Neither: a reference to a duty to consult specific persons or authorities, nor the absence of ...
... purpose of this Act must be preferred over an alternative interpretation which is not consistent with the purpose of this Act. (4) (a) (b) 2. Neither: a reference to a duty to consult specific persons or authorities, nor the absence of ...
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Common terms and phrases
activity agreement air quality aircraft amendment application appointed approval bio-prospecting biodiversity catchment management agency chairperson chapter chief executive officer comply conservation Constitution consultation contemplated in section contemplated in subsection Council declared delegated determined Director-General duty effect environment Environmental Management Act established exercise fish aggregating device forest functions Gas Regulator Gazette Genetically Modified Organisms holder invasive species issued in terms juristic person land legislation matter means mineral mining right Minister or MEC National Environmental Management nature reserve newspapers circulating notice offence operation organ owner paragraph perform period person pollution prescribed procedures prospecting right protected area provincial purpose reasonable referred relating relevant Republic respect responsible authority schedule servitude South African special nuclear material terms of section terms of subsection water board water resource water services authority water services committee water services institution water user waterwork world heritage site
Popular passages
Page 350 - The natural resources referred to in these articles consist of the mineral and other non-living resources of the seabed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil.
Page 9 - Rights may be limited only in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom...
Page 216 - Wetlands are lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water.
Page 348 - fishing vessel" means any vessel, boat, ship, or other craft which is used for. equipped to be used for. or of a type which is normally used for— (A) fishing...
Page 520 - ... or to imprisonment for a period not exceeding six months or to both...
Page 8 - Everyone has the right (a) to an environment that is not harmful to their health or well-being; and (b) to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that (i) prevent pollution and ecological degradation; (ii) promote conservation; and (iii) secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.
Page 516 - International Convention for the Prevention of Pollution from Ships, 1973, the International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969, as well as the Protocol relating to Intervention on the High Seas in Cases of Marine Pollution by Substances Other than Oil...
Page 10 - Anyone listed in this section has the right to approach a competent court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief, including a declaration of rights.
Page 8 - ... subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court. (3) The amount of the compensation and the time and manner of payment must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected...
Page 113 - Biological diversity" means the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part: this includes diversity within species, between species and of ecosystems.