Environmental Law
Collections in this community
Recent Submissions
-
A critical analysis of South Africa’s coastal access laws in light of the principle of coastal environmental justice.
(2021)The purpose of this dissertation is to critically analyse the right to perpendicular coastal access in section 13 of the National Environmental Management: Integrated Coastal Management Act 24 of 2008 (NEM: ICMA), as ... -
A critical discussion of the legality of South Africa’s lion bone trade.
(2020)On 28 June 2017, the then Minister of Environmental Affairs, Edna Molewa, set a legal quota of 800 lion skeletons (with or without skull) from the captive-bred population, making South Africa the world’s largest legal ... -
Integration of social, economic and environmental factors into land-use/town planning decisions in eThekwini Municipality.
(2021)The aim of the study is to show how eThekwini Municipality (‘eThekwini’) incorporates the principles of sustainable development and relevant environmental considerations into its development planning decision-making. The ... -
Examining the scope and application of section 24G of the National Environmental Management Act 107 of 1998 (NEMA)
(2020)The purpose of section 24G of NEMA is to identify, assess and manage the damage already incurred, together with future impacts arising from an unlawful commenced activity. It is not punitive and does not derogate from ... -
The climate change and freshwaters nexus: possible implications for water treaties on the transboundary tributaries of the Congo River.
(2019)While it is widely predicted that climate change will cause a significant decline of water availability in diverse regions of the planet, it is also established that the same phenomenon will cause frequent and intense ... -
An analysis of the South African law relating to involuntary displacement caused by infrastructure development.
(2020)Abstract available in PDF. -
Protection of the environment through the application of section 24G of the National Environmental Management Act, 107 of 1998.
(2018)Listed / specified activities are undertaken following authorisation through an environmental impact assessment process. It is an offence to commence them without authorisation, which may attract sanctions through ... -
To list or not to list? The legal debate around the listing of trout as an invasive alien species.
(2019)The South African government has made numerous attempts to curtail the spread of Invasive Alien Species, such as rainbow and brown trout, through legislation such as the listing of Invasive Alien Species under National ... -
An evaluation of the environmental regulations for the protection of avifaunal biodiversity in light of solar energy development.
(2020)The socio-economic benefits associated with solar energy facilities considering the energy crisis, coupled with its positive impacts of a reduced carbon footprint provide the case for solar energy. The inarguable need for ... -
Is the regulation of single-use plastic in South Africa a waste of time?
(2019)The aim of a partial or complete ban of the use of single-use plastic in food packaging would be to reduce the amount of plastic waste that plagues South Africa and results in pollution to both our land and water resources. ... -
Environmental and social legal compliance assessment in oil, gas and mining sectors: the case of Total E & P and Metorex in Democratic Republic of Congo.
(2019)Ongoing concerns regarding environmental degradation in mining, oil and gas areas, the high number of abandoned mines, oil and gas fields have highlighted the need for enhanced environmental compliance in the Extractive ... -
Critical analysis of the independence of environmental assessment practitioners in South Africa.
(2020)Environmental Assessment Practitioners (EAPs) are at the centre of the Environmental Impact Assessment (EIA) process. Their competence and ethics, therefore, are crucial in facilitating the EIA process. This research aims ... -
An environmental analysis of the privilege against self- incrimination as a potential problem for environmental liability: with particular reference to corporations.
(2002)This paper is divided into two parts, namely, Part I- deals with two important concepts, namely, the Development of Corporate Criminal Liability (Chapter Two) and the Development of the Corporate Environmental Crime ... -
An analysis of the legal and practical application of an agreement in terms of section 29 of the spatial planning and land use management act 16 of 2013 for state infrastructure planning, using the South African National Roads Agency SOC Ltd (SANRAL) as an example.
Through the relevant case law and legislation, this paper explores the context of planning law in South Africa as it relates to the implementation of state infrastructure. With the adoption of the Spatial Planning and Land ... -
The regulation of genetically modified organisms (GMOs): a South African legal analysis.
(2002)Abstract available in pdf. -
A comparative study of legislation relating to the establishment and management of wildlife protected areas in South Africa and Tanzania.
(2006)In the last two decades, conservation of biodiversity has moved from being a preserve of wildlife enthusiasts into forming a lead agenda in the world conferences. Many Conventions and declarations also came into being ... -
Regulating the trade in rhino horn: a South African perspective.
(2018)South Africa is facing a major rhino poaching crisis. In 2015, 1175 rhinos were killed by poachers and 1054 in 2016. During the first half of 2017, 529 rhinos had been killed by poachers. South Africa can currently sustain ...