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 iii
... RELEVANT TO THE ENVIRONMENT Constitution of the Republic of South Africa 2 LEGISLATIVE FRAMEWORK PROTECTING THE ENVIRONMENT 2.1 Table of legislation relevant to environmental protection 2.2 Selected South African environmental ...
... RELEVANT TO THE ENVIRONMENT Constitution of the Republic of South Africa 2 LEGISLATIVE FRAMEWORK PROTECTING THE ENVIRONMENT 2.1 Table of legislation relevant to environmental protection 2.2 Selected South African environmental ...
Page 5
... relevant national legislation. It should also be noted that South Africa is in the midst of an elaborate environmental legislative programme. As a result, major changes to important environ- mental legislation are presently being ...
... relevant national legislation. It should also be noted that South Africa is in the midst of an elaborate environmental legislative programme. As a result, major changes to important environ- mental legislation are presently being ...
Page 6
... a less explored area of the law. Morné van der Linde Centre for Human Rights, Faculty of Law, University of Pretoria mvdl@absamail.co.za 1 CONSTITUTIONAL PROVISIONS RELEVANT TO THE ENVIRONMENT Although South African 6.
... a less explored area of the law. Morné van der Linde Centre for Human Rights, Faculty of Law, University of Pretoria mvdl@absamail.co.za 1 CONSTITUTIONAL PROVISIONS RELEVANT TO THE ENVIRONMENT Although South African 6.
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... relevant to environmental protection include chapter 9 of the Constitution, which deals with the establishment of state institutions supporting democracy, chapter 10 which deals with the issue of public administration (not reproduced) ...
... relevant to environmental protection include chapter 9 of the Constitution, which deals with the establishment of state institutions supporting democracy, chapter 10 which deals with the issue of public administration (not reproduced) ...
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... relevant circumstances, including: (a) the current use of the property; (b) the history of the acquisition and use of the property; the market value of the property; the extent of direct state investment and subsidy in the acquisition ...
... relevant circumstances, including: (a) the current use of the property; (b) the history of the acquisition and use of the property; the market value of the property; the extent of direct state investment and subsidy in the acquisition ...
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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.