environmental law cases in south africa

The EIA is South Africa’s key regulatory instrument to mitigate and/or manage the ... a key role in South Africa’s environmental impact management regime. INTRODUCTION TO ENVIRONMENTAL LAW AND POLICY CONTENTS 1. Next Page Tags environmental … Private prosecutions for environmental crimes has always been a thorny issue in South African environmental law. In theory, every activity that would harm the environment falls under the National Environmental Management Act … reportable. On this page, environmental lawsuit means "a lawsuit where the well-being of an environmental asset or the well-being of a set of environmental assets is in dispute". B.A. On 17 October 2012 the Ermelo Regional Court in … INTRODUCTION. South Africa has experienced the processes of reservations,' removals, allotments, assimilation, reorganization, termination and self-determina-* Director, Institute of Environmental Law, University of Natal, Durban, South Africa. The EIA is South Africa’s key regulatory instrument to mitigate and/or manage the ... a key role in South Africa’s environmental impact management regime. South Africa: Kwazulu-Natal "diamonds" turn out to be quartz ... Coronavirus: Social, environmental factors seen behind Africa’s low COVID-19 cases. In the recent case of Uzani Environmental Advocacy CC v BP Southern Africa … Individuals often rely on customary rights to protect their environment, and their own homes, from ... decided cases are increasingly disseminated via electronic media such as CD (Rhodes), Attorney of the Supreme Court of South Africa. 19 May 2021. Mining-relevant legislation. Mining-relevant legislation. On 17 October 2012 the Ermelo Regional Court in … South Africa Alexander Ross Paterson* Information concerning the legal instruments discussed in this case study is current as of 1 January 2009. The conviction is also a marked shift away from administrative penalties that the Department of Environmental Affairs usually imposes for breaches of environmental legislation. Canada-United States Law Journal Volume 18 Issue Article 10 January 1992 Canadian Environmental Law: An Overview Roger Cotton John S. Zimmer Follow this and additional works at: https://scholarlycommons.law.case.edu/cuslj Recommended Citation Roger Cotton and John S. Zimmer, Canadian Environmental Law: An Overview, 18 Can.-U.S. L.J. Before conducting certain environmentally-impactful activities, such as building a road or storing hazardous chemicals, one must obtain an environmental authorisation in terms of the National Environmental Management Act (“NEMA”) – the umbrella environmental Act in South Africa. environmental law in South Africa and to answer some of the most frequently asked questions regarding environmental law in a ... industrial operations, in the case of fishing and forestry, and for taking water from water resources, or impacting on water resources. * Associate Professor, Public Law Department, Institute of Marine and Environmental Law, University of Cape Town. South Africa the environment is characterized by very high socio-economic needs, limited resources and a degrading biophysical environment . The South African Law Commission Act, 1973 (Act 19 of 1973) makes provision for the establishment of a South African Law Commission whose function is to, inter alia, undertake research in all branches of the law of the Republic of South Africa and make recommendations … in the matter between: south durban community . Activists and South African govt lock horns over coal pollution. Environmental externalitiesThere are approximately 6000 abandoned mines in South Africa (not all coal mines), and the costs of rehabilitation (soil-and land-wise) has been estimated at 100 billion Rand (2008 amounts -US$ 14 billion at the time) by Ms Elize Swart, Director of Environmental Policy at the DME 42 . L.L.B. At present, hydro and pumped storage is at approximately 3%, 5% respectively, while renewable energy comprises 7%. South Africa is heavily reliant on coal resources, which generated 38 Gigawatts (GW) of the country’s installed capacity in 2019 – approximately 74%. mec for economic development, tourism and environmental affairs: “There is a series of cases in South Africa in which the father of a minor applied for and was granted an interdict”. A court has ruled that companies must first seek permission from local communities if they plan to mine on their ancestral land. A South African court has found oil giant BP guilty on eight counts of building filling stations without the required environmental clearance – a criminal offence that could in theory come with prison time. One 2002 study cites that more than 2,700 South Africans have died of mesothelioma, and researchers believe the cancer is vastly underreported.. Nearly 30 percent of mesothelioma cases in South Africa are tied to environmental exposure, most commonly in the Northern Cape area. (Rhodes), Attorney of the Supreme Court of South Africa. They should be applied in conjunction with the guidelines for incorporating biodiversity-related issues into environmental impact assessment legislation and/or process in strategic environmental assessment 8 f Overview of EIA in Ethiopia endorsed by the Conference of the Parties in decision VI / 7A and contained in the annex to that decision. Introduction 1.2. Individuals often rely on customary rights to protect their environment, and their own homes, from ... decided cases are increasingly disseminated via electronic media such as CD In theory, every activity that would harm the environment falls under the National Environmental Management Act … A view of the targeted area for the Xolobeni Mineral Sands project on the Wild Coast. South African indigenous community win environmental rights case over mining company. IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) Case Number: 9675/2017 In the matter between - THE MINISTER OF ENVIRONMENTAL AFFAIRS and RECYCLING AND ECONOMIC DEVELOPMENT INITIATIVE OF SOUTH AFRICA NPC (Registration Number: 201 0/022733/08) ANSWERING AFFIDAVIT I, the undersigned HERMANN FELIX ERDMANN 63 (1992) Before conducting certain environmentally-impactful activities, such as building a road or storing hazardous chemicals, one must obtain an environmental authorisation in terms of the National Environmental Management Act (“NEMA”) – the umbrella environmental Act in South Africa. The development of South Durban as an industrial hub, starting in the 1930s, involved collaboration between local industrialists and the white government. 19 May 2021. South Africa is no stranger to transition and is still esteemed among nations of the world for the (largely) peaceful constitutional transition that unfolded over the closing decades of the 20 th century: from decades of apartheid rule to a state founded on democracy, respect for human rights, the rule of law, and a unique multi-sphere system of government. South Africa Alexander Ross Paterson* Information concerning the legal instruments discussed in this case study is current as of 1 January 2009. reportable. South African indigenous community win environmental rights case over mining company. Regulations,9 (“the Regulations”) interpreted in light of South Africa’s domestic environmental policies, section 24 of the Constitution, and South Africa’s obligations under international climate change conventions. The U.S. Environmental Protection Agency (EPA) and the U.S. Justice Department announced today that Cemex, Inc., one of the largest producers of Portland cement in the United States, has agreed to pay a $1.4 million penalty for Clean Air Act violations at … 1. Concept of Law and Policy 1.1. Canada-United States Law Journal Volume 18 Issue Article 10 January 1992 Canadian Environmental Law: An Overview Roger Cotton John S. Zimmer Follow this and additional works at: https://scholarlycommons.law.case.edu/cuslj Recommended Citation Roger Cotton and John S. Zimmer, Canadian Environmental Law: An Overview, 18 Can.-U.S. L.J. This represents a new achievement in land and mining rights for South Africa. Applying the law (as a minimum requirement) is one of the six principles outlined in the Mining and Biodiversity Guideline that should be applied towards good decision making when addressing biodiversity issues and impacts in a mining context. environmental law in South Africa and to answer some of the most frequently asked questions regarding environmental law in a ... industrial operations, in the case of fishing and forestry, and for taking water from water resources, or impacting on water resources. the supreme court of appeal of south africa. Two important principles of South African law collided head on, with unsatisfactory consequences, when Chief Bareki (a traditional leader acting on behalf of his tribe) and an environmental concern group sued Gencor and certain subsidiaries for the environmental clean up following discontinued asbestos mining activities. Section 24 of the Constitution of the Republic of South Africa, 1996. South Africa is no alone in having to address a legacy of contamination that precedes contemporary legislation designed to address harm caused to the environment. (Rhodes), Attorney of the Supreme Court of South Africa. Section 24 of the Constitution of the Republic of South Africa, 1996. in the matter between: south durban community . IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) Case Number: 9675/2017 In the matter between - THE MINISTER OF ENVIRONMENTAL AFFAIRS and RECYCLING AND ECONOMIC DEVELOPMENT INITIATIVE OF SOUTH AFRICA NPC (Registration Number: 201 0/022733/08) ANSWERING AFFIDAVIT I, the undersigned HERMANN FELIX ERDMANN The South African Law Commission Act, 1973 (Act 19 of 1973) makes provision for the establishment of a South African Law Commission whose function is to, inter alia, undertake research in all branches of the law of the Republic of South Africa and make recommendations … On this page, environmental lawsuit means "a lawsuit where the well-being of an environmental asset or the well-being of a set of environmental assets is in dispute". The question whether action taken by a public official or authority is administrative is central to the enquiry. The question whether action taken by a public official or authority is administrative is central to the enquiry. The Environmental Protection Agency's sister law, the Marine Mammal Protection Act, was signed in 1972, and was the world's first law that mandated an … Environmentalists are winning the battle for enforcement of the law. Environmental and energy law firm Kazmarek Mowrey Cloud Laseter LLP has strengthened the partnership ranks in its Atlanta office, elevating two attorneys and bringing on a … Environmental law involves legal standards that protect and improve the natural environment of the United States. South Africa’s environmental … case by case basis.” [18] Wallis J in Sokhela & Others v MEC for Agriculture and Environmental Affairs (KwaZulu-Natal) & Others 2 held: “[60] The lineaments of the enquiry that must now be undertaken are fairly clearly established. The application for review accordingly invites determination of whether the DEA is obliged to fully assess the Environmental Injustice in South Durban: Community caught between toxic polluters and climate shocks. judgment. Regulations,9 (“the Regulations”) interpreted in light of South Africa’s domestic environmental policies, section 24 of the Constitution, and South Africa’s obligations under international climate change conventions. 63 (1992) South African Environmental Justice struggles against "toxic" petrochemical industries in South Durban: The Engen Refinery Case. Inequality in South Africa, measured in terms of the Gini coefficient of income, has consistently been above 0.6 from 1993 to 2015 which easily places South Africa … At present, hydro and pumped storage is at approximately 3%, 5% respectively, while renewable energy comprises 7%. One 2002 study cites that more than 2,700 South Africans have died of mesothelioma, and researchers believe the cancer is vastly underreported.. Nearly 30 percent of mesothelioma cases in South Africa are tied to environmental exposure, most commonly in the Northern Cape area. case no: 231/19. Environmental injustice was, to a great extent, caused by the combination of the Apartheid system with some of the common law rules of the South African legal order. The application for review accordingly invites determination of whether the DEA is obliged to fully assess the Much of the developed world has had to face precisely the same dilemma as that faced by our court in the Bareki case. The conviction is also a marked shift away from administrative penalties that the Department of Environmental Affairs usually imposes for breaches of environmental legislation. Mining-relevant legislation. Prosecutors talk to the people, investigate the situation on-site to get an idea," Kotzé, a professor of environmental law at the Northwest University in South Africa, told DW. South Africa is no stranger to transition and is still esteemed among nations of the world for the (largely) peaceful constitutional transition that unfolded over the closing decades of the 20 th century: from decades of apartheid rule to a state founded on democracy, respect for human rights, the rule of law, and a unique multi-sphere system of government. MODULE - VIIA Environmental Law Environmental Law and Sustainable Development 8 Notes 24.5 LEGAL MECHANISM IN RELATION TO ENVIRONMENT PROTECTION ‘Environmental Law’ is an instrument to protect and improve the environment and to control or prevent any act or omission polluting or likely to pollute the environment. South Africa the environment is characterized by very high socio-economic needs, limited resources and a degrading biophysical environment . B.A. Content provided by ... 77 147 new cases … The largest criminal penalty imposed for environmental offences in South Africa to date was recently handed down by a South African court. INTRODUCTION. [51] South African Human Rights Commission, “National Hearing on the Underlying Socio-economic Challenges of Mining-affected Communities in South Africa – Case … On this page, environmental lawsuit means "a lawsuit where the well-being of an environmental asset or the well-being of a set of environmental assets is in dispute". Introduction 1.2. South Africa’s environmental … 1. “There is a series of cases in South Africa in which the father of a minor applied for and was granted an interdict”. A court has ruled that companies must first seek permission from local communities if they plan to mine on their ancestral land. judgment. Environmental and energy law firm Kazmarek Mowrey Cloud Laseter LLP has strengthened the partnership ranks in its Atlanta office, elevating two attorneys and bringing on a … And the way it was prosecuted has opened the door for many similar cases. MODULE - VIIA Environmental Law Environmental Law and Sustainable Development 8 Notes 24.5 LEGAL MECHANISM IN RELATION TO ENVIRONMENT PROTECTION ‘Environmental Law’ is an instrument to protect and improve the environment and to control or prevent any act or omission polluting or likely to pollute the environment. Much of the developed world has had to face precisely the same dilemma as that faced by our court in the Bareki case. Environmental law involves legal standards that protect and improve the natural environment of the United States. 63 (1992) South Africa Alexander Ross Paterson* Information concerning the legal instruments discussed in this case study is current as of 1 January 2009. South African Environmental Justice struggles against "toxic" petrochemical industries in South Durban: The Engen Refinery Case. On 17 October 2012 the Ermelo Regional Court in … South Africa is no alone in having to address a legacy of contamination that precedes contemporary legislation designed to address harm caused to the environment. Next Page Tags environmental … South Africa’s environment law has a strange loophole. environmental alliance appellant. case no: 231/19. The Environmental Protection Agency's sister law, the Marine Mammal Protection Act, was signed in 1972, and was the world's first law that mandated an … case by case basis.” [18] Wallis J in Sokhela & Others v MEC for Agriculture and Environmental Affairs (KwaZulu-Natal) & Others 2 held: “[60] The lineaments of the enquiry that must now be undertaken are fairly clearly established. The U.S. Environmental Protection Agency (EPA) and the U.S. Justice Department announced today that Cemex, Inc., one of the largest producers of Portland cement in the United States, has agreed to pay a $1.4 million penalty for Clean Air Act violations at … This represents a new achievement in land and mining rights for South Africa. South Africa: Kwazulu-Natal "diamonds" turn out to be quartz ... Coronavirus: Social, environmental factors seen behind Africa’s low COVID-19 cases. environmental law in South Africa and to answer some of the most frequently asked questions regarding environmental law in a ... industrial operations, in the case of fishing and forestry, and for taking water from water resources, or impacting on water resources. Canada-United States Law Journal Volume 18 Issue Article 10 January 1992 Canadian Environmental Law: An Overview Roger Cotton John S. Zimmer Follow this and additional works at: https://scholarlycommons.law.case.edu/cuslj Recommended Citation Roger Cotton and John S. Zimmer, Canadian Environmental Law: An Overview, 18 Can.-U.S. L.J. Locus standi in environmental law W Bray Senior lecturer, Department of Constitutional and Public International Law University of South Africa Introduction Environmental law is a relatively new dimension in the law which encompasses many conventional fields of law but has developed a distinct public law … The largest criminal penalty imposed for environmental offences in South Africa to date was recently handed down by a South African court. In theory, every activity that would harm the environment falls under the National Environmental Management Act … Activists and South African govt lock horns over coal pollution. The conviction is also a marked shift away from administrative penalties that the Department of Environmental Affairs usually imposes for breaches of environmental legislation. And the way it was prosecuted has opened the door for many similar cases. ... EIA for certain identified activities became compulsory in law on the 8th of September 1997. Section 24 of the Constitution of the Republic of South Africa, 1996. And the way it was prosecuted has opened the door for many similar cases. The question whether action taken by a public official or authority is administrative is central to the enquiry. Section 24 of the Constitution of the Republic of South Africa, 1996. EIA in South Africa is therefore a means for giving effect to the ”environmental right” enshrined in Section 24 of the Constitution, which South African environmental law encompasses natural resource conservation and utilization, as well as land-use planning and development. 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. The development of South Durban as an industrial hub, starting in the 1930s, involved collaboration between local industrialists and the white government. and. and. The development of South Durban as an industrial hub, starting in the 1930s, involved collaboration between local industrialists and the white government. South Africa reports approximately 200 cases of mesothelioma per year. Environmental law involves legal standards that protect and improve the natural environment of the United States. Two important principles of South African law collided head on, with unsatisfactory consequences, when Chief Bareki (a traditional leader acting on behalf of his tribe) and an environmental concern group sued Gencor and certain subsidiaries for the environmental clean up following discontinued asbestos mining activities. South Africa is no alone in having to address a legacy of contamination that precedes contemporary legislation designed to address harm caused to the environment. South Africa reports approximately 200 cases of mesothelioma per year. Next Page Tags environmental … When one assesses environmental injustice and its sources in South Africa, particular factors are to be taken into account. Much of the developed world has had to face precisely the same dilemma as that faced by our court in the Bareki case. Private prosecutions for environmental crimes has always been a thorny issue in South African environmental law.

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