Masters Degrees (Environmental Law)

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An overview of the legal instruments to conserve biodiversity in South Africa with particular reference to the establishment and expansion of protected areas
(2005) Blackmore, Andrew Craig.
In this investigation, a review is undertaken of the newly promulgated and existent legislation pertaining to the conservation of biodiversity, and the establishment of protected areas as the primary means to protect representative samples thereof. This review develops understanding of the various types of protected areas which may be used, in a broad sense, to conserve the country's biodiversity, with special reference being made to the recently promulgated Protected Areas Act. In undertaking this, a detailed discussion of biodiversity, trusteeship and the concept of systematic planning and irreplaceability is generated. Cursory comment and discussion in a socio-political context, in particular regarding land reform, as well as the various international obligations and commitments the country has undertaken, is made. Despite South Africa being the third most biologically diverse country globally, it is concluded that the conservation of its biodiversity has had a troubled and undirected history. The establishment of protected areas, as a result, has been ad hoc and potentially ineffective at a national scale. The source of this observation is linked directly to the absence of a structured and co-ordinated framework that supports the fulfilment of the country's international commitments to conserve biodiversity. The promulgation of the Biodiversity Act and subsequently the Protected Areas Act, has brought into playa significant step forward in developing this co-ordinated framework. The Act clarifies and brings effect to the State's trusteeship as well as providing a platform for the participation of a wider range of role players, especially previously disadvantaged and land dispossessed communities, in conservation and protection of biodiversity. This participation includes conserving biodiversity for economic, social, and cultural reasons. The absence of meaningful incentives for private and communal landowners to voluntarily conserve biodiversity, and the significance ofthis, is also discussed. Finally a consideration is given of the secondary aim of this legislation, to simplify the statutes concerning the conservation of biodiversity and particularly those pertaining to protected area establishment. This simplification is only partially achieved as a number of protected areas are still not at all or partially regulated by the Protected Areas Act. This may be a source of confusion and uncertainty.
Biodiversity conservation on private land : an international perspective and lessons for South Africa.
(2008) Van Niekerk, Catherine Britt.; Kidd, Michael Anthony.
Conservation agreements have been used successfully around the globe for the conservation of biodiversity on private land. In South Africa however, their use to this end has largely been overlooked. Conservation mechanisms in the country have focussed primarily on traditional methods; establishing and managing protected areas identified as having some form of conservation significance. At present only 5.8% of land in South Africa is conserved in statutory protected areas, however government has committed itself to increasing this percentage to 8%. Furthermore, many of the country's biodiversity-rich areas are situated on private land and are currently afforded little or no protection. The cost of purchasing the land is not only financially prohibitive but also socially unacceptable and consequently alternative conservations mechanisms need to be explored. This study provides a comparative analysis of the legislation governing conservation agreements in the United States, Canada, Australia and New Zealand and highlights several common key provisions which have contributed to the success of these agreements. It also provides recommendations on possible changes to the South African legislation to allow for a more effective contribution by private landowners to biodiversity objectives and targets within the country. Although the study establishes that conservation agreements can be accommodated within South Africa's legal system it acknowledges that the success of these agreements is largely dependent on complex interactions between effective policy, supporting institutional arrangements, and attractive incentives. It cautions that if these agreements are to work in South Africa, then careful consideration needs to be given not only to tailor-making the legislation to the South African environment but also to establishing incentives which facilitate "buy-in" from landowners.
An environmental law trilogy.
(1992) Ridl, Jeremy Andrew.; Glavovic, Peter Dusan.
No abstract available.
Intellectual property rights and plant variety protection in South Africa : an international perspective.
(2003) Barron, Nadine Lianne.
This work will investigate the implementation of plant variety protection obligations that African states, and in particular South Africa, have to undertake under the various relevant international agreements, especially the Agreement on Trade Related Aspects of Intellectual Property Rights and the Convention on Biological Diversity. The property rights regimes set up in the different international instruments do not necessarily culminate in a coherent whole. While a trend towards the privatisation of plant genetic resources is evident and notable, continuous upholding of the sovereign rights of states over their natural resources is also present. In particular, this work will investigate the question of whether intellectual property rights support or undermine the objectives of the Convention on Biological Diversity. Article 27.3(b) of the Agreement on Trade Related Aspects of Intellectual Property Rights provides for the mandatory patenting of micro-organisms and microbiological processes. This provision has, however, been the source of much controversy and was inserted under the proviso that it be reviewed four years after the coming into force of the Agreement (i.e. 1999). To date, such review has not occurred. Accordingly, it will be argued that the obligation to implement the Agreement on Trade Related Aspects of Intellectual Property Rights in African Member States should be suspended pending the outcome of the review. This work will critically consider the effects that the introduction of patents over plant varieties are likely to have in Africa, focusing on the fulfilment of basic food needs for all individuals and the sustainable management of biological resources in African countries. It will be argued that African states should take advantage of the possibility of devising a property rights system adapted to their needs and conditions and should avoid any system involving the introduction of monopoly or exclusionary rights, such as patents or plant breeders' rights.
Impact of disasters on public health : an investigation of disaster management requirements in the rural municipality of Ndwedwe.
(2008) Sikhakhane, Gabisile Hilderguard.; Pillay, Solosh.
No abstract available.
Aerospace law : the regulation of space activities and space exploration.
(1985) Reddy, Karunanidhi.; Soni, Ramanlal.
No abstract available.
Geo : food for thought.
(2003) Collins, V. A.
Consider this: South Africa recently became the first country in the world to commercially release genetically engineered maize for human consumption. In contrast to the cautionary approach adopted by other African countries, South Africa has one of the fastest growth rates in genetically engineered crop cultivation worldwide, almost doubling the number of hectares of the country now planted with genetically engineered crops since 2001. Owing to the genetic engineering revolution in our food, it is no wonder that people are becoming more concerned about the food on their plates than ever before. It is essential that people consuming genetically engineered food become aware of who is benefiting and who is not benefiting from the biotechnological industry, by understanding the risks to health, the environment and the economy. If the food that consumers purchase is genetically engineered, consumers should have the right to know and make that choice to either purchase or avoid genetically engineered food. This topic is pertinent in South Africa, as the government has clearly decided that genetically engineered food is part of our future and, to date, the labelling of GE food is not mandatory.
Environmental NGO's and CBO's towards an understanding of their role in the development and implementation of environmental law : an examination from an urban perspective.
(2001) O'Connor, Rory Noel.
No abstract available.
The promotion and protection of public health in South Africa through environmental legislation with specific reference to air pollution.
(2001) Nepfumbada, Mbulungeni.; Mubangizi, John Cantius.
The Constitution of South Africa I, (the Constitution) envisages in the Bill of Rights that: 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 prevent pollution and ecological degradation; II. promote conservation; and III. secure ecologically sustainable development and use of natural resources while promolingjuslifiable economic and social development.3 There are other statutes that support the Constitution. for example, the National Environmental Management Act (NEMA).4 This Act states in its preamble that : " Whereas many inhabitants of South Africa live in an environment that is not harmful to their health and well being everyone has the right to an environment that is not harmful to his or her health or well being; and everyone has the right to have the environment protected, for the benefit of present and futu re generations, through reasonable legislative and other measures that prevent pollution and ecological degradation ... Both the Constitution and NEMA are not only concerned with the environment but also with the health and well·being of South Africans. The World Health Organization (WHO) has defined health, as ' more than the absence of disease and infirmity, it is a state of complete physical, mental and social well-being.' Environmental health in broad term is concerned with factors in the environment associated with health, well-being and disease, including physical, chemical and biological conditions.
A critical analysis of the development of water law in South Africa.
(1999) Singh, Suhana.
This paper entails a critical analysis of the development of water law in South Africa. It examines the historical development process of the law, discussing the tendencies followed in Roman and Roman Dutch Law systems. The principles of water allocations which had been adopted into the South African law system by the courts and legislature is analysed. A review of the water allocation mechanism of the Water Act 54 of 1956 indicate that the water law thereunder is outdated, no longer reflecting the needs of our society. Especially since it was based on antique systems of water allocation derived from European countries where the climate and hydrology are different to South Africa. With the advent of a new democratic Government, the principles of fairness and equity as embodied in the Constitution, demanded that South African water law be reviewed. This mammoth task was undertaken by the Minister of Water and Forestry Affairs, Professor Kader Asmal. After a two year consultative period process, the National Water Act 36 of 1998 was enacted. The provisions of this Act indicate a radical departure from the previous system of water allocation.
Can hunting? : an analysis of recent changes in the legal framework governing the management of large predators in South Africa.
(2008) Kvalsvig, Sarah Dene.; Couzens, Edmund William Franz.
New regulations have been published under the National Environmental Management: Biodiversity Act ('the Biodiversity Act') that regulate activities regarded as 'restricted activities' by that Act involving listed species of flora and fauna. The regulations include several provisions relating specifically to five species of large predator (lions are a notable exception) and to black and white rhinoceros and represent the end of a lengthy law reform process. The regulations came into force on 1 February 2008. South Africa is a signatory to several international instruments concerned with the protection of biodiversity including the Convention on International Trade in Endangered Species ('CITES'), the United Nations Convention on Biological Diversity and the SADC Protocol on Wildlife Conservation and Law Enforcement in the Southern African Development Community. The Biodiversity Act is the key national law concerned with management of large predators from a conservation and biodiversity protection point of view. Several Acts administered by the Department of Agriculture, such as the Animals Protection Act and the Performing Animals Protection Act, provide for the welfare of animals in captivity. However, the management of wild predators has up to now been regulated at provincial level by a series of outdated nature conservation ordinances that are inconsistent with one another and with the provisions of CITES. It is clear from the Game Theft Act, from national policy instruments such as the National Biodiversity Strategy and Action Plan and from the draft Game Farming Policy that hunting and game farming are seen as important contributors to the South African economy with the potential to address rural poverty and create employment. Hunting is itself a multimillion rand industry in South Africa and a substantial part of that industry is trophy hunting. Large predators in South Africa are most affected by trophy hunting practices, but other animals and other predators are also affected. Large predators are also the subject ofboth national and international trade. In recent years captive breeding of large predators has increased dramatically in order to supply the trophy hunting industry. During the late 1990s concerns began to be raised in the press regarding so-called 'canned hunting' practices and the law reform process mentioned in the first paragraph was partially a result ofthis focus on canned hunting. The new regulations provide, among other things, for greater control of the wildlife industry and for the setting ofhunting off-take limits, but they have several weaknesses. On the most basic level, the regulations contain drafting errors, are overly complex and may conflict with existing provincial legislation. They are likely to impose a greater administrative burden on provincial authorities already struggling to implement the existing provincial legislation. It is submitted that the provisions relating to animal welfare (for example, those dealing with prohibited methods of hunting) should have been enacted elsewhere. The provisions relating to self-regulation of the hunting industry and black economic empowerment are ineffectual as currently drafted. Most importantly, the new regulations do not represent a significant departure from the utilitarian approach to wild animals that has characterised South African law since its earliest days. In this sense, the regulations conform to the current policy of 'making conservation pay'.
Property rights and environmental conservation.
(1996) Fitzpatrick, Russell Anthony.
The intention of this dissertation is not to embark on a discussion on the desirability of a property clause, nor to undertake a full analysis of the property and environmental clauses as they appear in both the interim and working draft constitutions. Instead it is my intention to analyze the inherent conflict that exists between property rights, specifically ownership, and environmental conservation. This will be assessed against the backdrop of the common law, case law and in the light of both the interim and working draft constitutions. Due to the fact that the terms "deprived" and "expropriate", as used in both constitutions, broadly correspond to the concepts of police powers and eminent domain, and since measures taken in the name of environmental conservation are invariably carried out under the auspices of the States police power, it is necessary to :- (a) assess the "deprivation"-"expropriation" conflict and emphasise the ambiguity that can arise in interpreting and differentiating between the two terms; (b) draw a distinction between police power deprivations and expropriatory deprivations. Foreign jurisdictions have experienced grave problems in drawing this distinction, which has been further exacerbated by the concept of inverse condemnation. U.S takings jurisprudence is analyzed to elicit the resultant chaos which will emerge if the courts do not come up with an adequate solution. A possible solution is offered which will provide the courts with an analytical framework within which to work; and (c) assess, although to a lesser extent, the courts ability to review Parliamentary enactments and administrative action.
The role of local indigenous communities in the management of natural resources in and around South Africa's national parks.
(2002) Jardine, Mark Leo.
South Africa's protected areas are at the forefront of the county's efforts to conserve it's unique flora and fauna. The setting aside of these vast tracts of land has been the main thrust of Western conservation efforts for over two centuries. Despite the significant financial and human resources allocated to the protection of these natural areas, the extinction of many plant and animal species continues to occur on a daily basis. This study sets out to explore one of the crucial weaknesses of traditional protected areas management - the failure to incorporate and empower the people with the greatest knowledge and need of the natural resources in their areas - the local indigenous communities. In the past, the legislative focus was aimed at the total exclusion of these communities from protected areas. In South Africa, these 'preservationist' laws have been bitterly flavoured by the apartheid ideology, resulting in widespread environmental inequity and injustice for those societies targeted by racist and discriminatory policies. The thesis traces the history of the national parks concept, from its preservationist origin in the late nineteenth century United States, to modern day national parks that operate in terms of joint-management agreements in Australia and South Africa. It also exposes the detrimental effect that the establishment of national parks has inflicted on local indigenous communities around the globe. The experiences of Zimbabwe, Namibia, Canada and Australia are of particular relevance and value to South Africa in this respect. An overview and assessment of the current legal regime governing protected areas in South Africa reveals that further legislative transformation is required in order to integrate human development and wildlife conservation ideals. In particular, greater emphasis is needed to ensure the participation of local indigenous communities in the management natural resources in and around national parks. A failure to meet this objective may seriously undermine the future well-being of all of South Africa's inhabitants.
Environmental impact assesment [sic] for mining activities in Tanzania : legal analysis.
(2005) Pallangyo, Daniel Mirisho.; Kidd, Michael Anthony.
In this study, an analysis of laws pertaining to environmental protection in the mining in Tanzania is done. The study develops understanding of various environmental laws and institutions for the purposes of setting context and clarity for the subsequent chapters. The major discussion evolves around environmental protection offered in Tanzania mining and investment laws. In understanding this, a detailed discussion of coverage of environmental issues in the Tanzania Mining Act, 5 of 1998 and the Tanzania National Investment Act, 26 of 1997 is made. After this discussion, the recommendations are given. Despite Tanzania mining, especially large-scale mining being one of the main growing industries in Tanzania, it is concluded that environmental management in mining has been hindered by inadequate legal protection, lack of coordination, insufficient funding and expertise. As a result there has been uncontrolled extraction of minerals and the use of unsafe mining methods and severe environmental damage and appalling living conditions in the mining communities. The challenge associated with the mining sector today in Tanzania is ensuring sustainability and integrating environmental and social concerns into mineral development programmes. Sustainable mining development requires balancing the protection of the flora and fauna and the natural environment with the need for social and economic development. To address the environmental problems associated with mining, the Government's policy is to reduce or eliminate the adverse environmental effects of mining, improve health and safety conditions in mining areas, and address social issues affecting local communities. EIA is recommended as one of the major tools for achieving these solutions and has been discussed.
Conservation legislation in Transkei.
(1995) Matyumza, Mlamli Mncedi.; Milton, John Robert Landrey.
Societies in Transkei, particularly those along the coast, are confronted to varying degrees by the problem and prospects of having to be removed from the areas which they have occupied for decades, sometimes from time immemorial, to make space for government schemes intended for the conservation of the environment and its resources, as determined by various conservation legislation (Chapters 3 and 4). These people have to be settled in new areas which lack the natural resources which they enjoyed in their old areas and on which they depended for their survival and their traditional style of life. What exacerbates the situation is that these removals are not accompanied by development programmes to compensate the people for their loss. Furthermore, the establishment of these conservation areas does not offer any incentives for them to appreciated and see the benefit of conservation (Chapters 5 and 6). Furthermore, although some of the conservation legislation anticipates that there should be consultations with, and participation by, the local people before the conservation programmes are implemented in order for them to present their opinions, it does not seem that the government officials charged with the control and administration of the legislation comply with this requirement. The result is that these conservation programmes are met with resistance from the local people, resulting in the government failing to attain the objectives of the legislation. This study will briefly deal with the history and development of conservation legislation in Transkei from the Colonial era (Chapter 2), and examine the provisions of the applicable conservation legislation during the self-government of Transkei including its independence up to its reincorporation into South Africa during April 1994.
The transportation of hazardous waste in South Africa : a comparative analysis of South African, British, American and Australian legislation.
(1998) Athienides, Angela.
This dissertation examines the regulatory measures/legislation governing the road transportation of hazardous waste in South Africa, the United States, Australia and Britain. The document compares the legislation/regulatory measures that exist in South Africa to those that exist in the United States, Australia and Britain. In so doing the document highlights the shortcomings that presently exist in the legislation/regulatory measures governing the road transportation of hazardous waste in South Africa as well as the shortcomings that exist in the legislation/regulatory measures governing the road transportation of hazardous waste in the United States, Australia and Britain and which must therefore be avoided. The document concludes by suggesting improvements which can and ought to be made to the South African law governing the road transportation of hazardous waste.
Locus standi in environmental litigation : a South African perspective.
(1997) Ramagoma, Thendo Resnic.; Kidd, Michael Anthony.
Environmentalists citizens groups, legal practitioners academics and the ordinary citizens in South Africa today are over-excited with the prospects of the environmental rights litigation under the final Constitution of the Republic of South Africa Act 108 of 1996 signed by the State President in Cape Town on the 18th December 1996. For the first time in the history of South Africa environmental rights have been lifted to the status of fundamental constitutional and human rights. From an environmental perspective the upliftment of environmental rights to the level of constitutional protection is a great achievement that will benefit all South Africans. This dissertation throws some light on the concept of locus standi and public interest litigation as they have developed In the New South African Constitution followed by an exposition of the common law rules of legal standing. The focus of attention will then turn to the extent to which the Interim Constitution of the Republic of South Africa Act 200 of 1993 and the final Constitution of the Republic of South Africa Act 1996 extend or broaden the scope of standing followed by a brief survey of legal standing of environmental associations in various countries. Finally the document will conclude with a brief commentary on the law of standing in South Africa and possible suggestions for reform.
Townscape conservation (with reference to Pietermaritzburg).
(1994) Humphries, Fiona Anne.; Milton, John Robert Landrey.
Our environment (built and natural) is a thing of beauty and value, an inheritance, created by our forefathers for us and for future generations. In South Africa , conservation of cities has only recently become a reality. This study is an attempt to give a general picture of the conservation related mechanisms of townscape conservation in South Africa, with particular reference to Pietermaritzburg. Townscape conservation legislation in South Africa is presently administered in separate and unrelated sets of legislation. The National Monuments Act 28 of 1969 (chapter 2) on the one hand and the physical planning legislation (chapter 4) which is contained in a variety of provincial and local legislation on the other. There is also the Environment Conservation Act 73 of 1989 and other mechanisms (chapter 3) which incidentally promote the conservation of the South African townscape. This study will examine the legal principles available to the different mechanisms which facilitate townscape conservation, with particular reference to the City of Pietermaritzburg (chapter 5).
The influence of English poaching laws on South African poaching laws.
(2001) Couzens, Edmund William Franz.; Cowling, Michael G.
This dissertation examines the laws relating to poaching in South Africa - where these laws originated, how they were influenced by the long history of laws against poaching in England, and how they were shaped by factors unique to South Africa. In particular, what is examined is the extent to which laws against poaching were designed and employed historically as a deliberate foam of social control,. and to enable control of property and access to natural resources, in both England and South Africa. The dissertation is divided into two sections. The first section is an examination of English laws and mores against poaching from the date of the Norman Conquest, I066, until near the end of the Victorian era in the late nineteenth century, The second section is an examination of South African laws against poaching, from the early years of the Cape Colony until the early part of the twentieth century. Where appropriate,comparisons are drawn and distinctions made between the English and the South African experiences. Direct and indirect influences which the English poaching and game laws had on South African laws are considered Aspects of English and South African history which are considered include game legislation, preservationist policies, colonial expansion, class consciousness~indigenous hunting systems, and resistance to and enforcement of laws against poaching. The overriding impression gained from a historical study o/poaching laws and other game legislation is that these laws were never concerned solely with preservation of wild animal species for any intrinsic worth these species might have, or even for conservation purposes. Rather, such laws have been driven by the narrow economic and social interests of the upper classes and the lawmakers. The experience of both England and South Africa has been that (he more scarce natural resources become, the more strictly these are reserved to the dominant political groups. It is not always easy to distinguish between influence on and parallel evolution of legal experiences, but numerous features of English laws can be found within South African history. Some are clearly deliberate impositions,. but there are also important invasions by elitist consciousness. However, there are also important differences. In particular, the Roman-Dutch common law in South Africa had a Significant influence on poaching laws. And to an extent South African history was shaped by a reaction to the restrictions ofEnglish poaching laws. The objection might be made that this dissertation deals as much with general game control laws, as with laws enacted strictly to deal with poaching. The word 'poaching' is itself not encountered in South African legislation in the period under discussion. However, the conclusion reached is that the aim and the effect of the game laws in South Africa and England has historically been the transformation of the lower class hunter, the subsistence hunter, into an illegal hunter or 'poacher '.
The environmental impact assessment (EIA) under the Lesotho Environment Act No. 10 of 2008 : a comparative analysis with the South African EIA regime.
(2011) Tapole, Amandus Thabang.; Kidd, Michael Anthony.
Environmental Impact Assessment (EIA) has become common as the world realise that the environment has to be managed well for sustenance of life on the planet. As the EIA has now become a sine qua non in the management of the environment, the issue is how to ensure that it is best employed to achieve the desired results. There are various approaches that countries have used in their EIA processes, but it appears that the most efficient application emanates from having a legal basis for its use. The two countries which are subjects of this study, Lesotho and South Africa, have been chosen primarily because of their geographic proximity to each other, which factor often exposes them to similar environmental experiences. Their response to such environmental challenges then becomes important. This study concentrates on statutory enactments in terms of the EIA processes by the two countries. Their EIA regimes are compared and contrasted. This is done against the background of what is considered the best international EIA practice. It is revealed that the two countries are not at par in their use of and experience with the EIA process. While Lesotho is encouraged to enrich its new practise from South African experiences with the EIA, South Africa too has some way to go towards the best EIA practice.

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