This short thesis looks at the role of people and business as one part and the involvement of government on the other. Wildlife Society of Southern Africa and Others v Minister of Environmental Affairs and Tourism of the Republic of South Africa.
THE PEOPLE AFFECTED AND THE ROLE OF THE NON - GOVERNMENTAL ORGANISATIONS (NGOs)
BRIEF DESCRIPTIONS OF THE AREA COVERED
Hallowes and Butler noted that these communities were located 'downwind and downstream' of the apartheid era. Durban International Airport is located in this industrial region, bordered to the south by the Engen Refinery and the South African Petroleum Refineries, which are its northern neighbours.
EFFECTS OF AIR POLLUTION ON THE ENVIRONMENT AND THE WELL-BEING OF THE PEOPLE
- NGO AND COVERT TECHNIQUES
It is clear that in relation to the Bill of Rights, where a right has been infringed or threatened, relief can be sought. The decision on the MEAC case was also not adequately considered, particularly with the 'liberation of the locus standi requirements of the Bill of Rights, combined with the expansion of the circumstances in NEMA. 63 Counsel for the plaintiff, when questioned on costs, should have referred the judge to the provisions of the Act together with the requirements of jurisdiction and the infringement of a right or threat of such infringement as alleged in the Bill of Rights, which had not been adequately dealt with.
Under Article 24 (7), an Environmental Impact Assessment (EIA) requirement must be met if an activity is likely to have a significant impact on the environment and the activity requires permission before it starts. The court's decision declared that the NEMA principles do not impose duties on state agencies in the use of property, but only apply in limited cases involving policy formulation and the preparation of environmental implementation plans.
STAKEHOLDERS
Its main purpose was to coordinate environmental matters within the government, without any provision for environmental management. The law authorizes the Minister for the Environment to 'identify activities which, in his opinion, may have a significant adverse effect on the environment'.90 Part V of the WEC* provides for an environmental assessment that allows the Minister to identify activities or areas that are 'affected'. activities or limited development areas'.
In the Hekspoort Environmental Preservation Society 93 case, where the applicant argued that the action relates to an environmental matter and the primary allegation is one of environmental pollution of underground water, seeking direct access to the Constitutional Court under Rule 17.94, the court ruled that there were no circumstances that justified such a procedure. The 'reserve' is the quantity and quality of water required to meet basic human needs and protect aquatic ecosystems. Further innovations reflect a clear commitment to more equitable access to our scarce water resources, including the abolition of riparian water rights systems, a uniform licensing system, and the placement of all water resources under the care of the state.
The position of dominus jluminis is strengthened and water resources are now classified as a res publica (a national asset managed by the state for all its people). 94 If the circumstances were so unusual and the public interest and good governance so important that access could be granted.
The law also provides for the enforcement of environmental law in the Bill of Rights for the duty of care103 protection of workers who refuse to perform environmentally hazardous work104. Their purpose is to coordinate and harmonize environmental policies, plans, programs and discussions at the national, provincial and local levels to minimize duplication and promote coherence.106 The Act delves into detailed provisions regarding the content, submission, control and compliance of the EIP and EMP. A confusing piece of legislation to implement these under 'Schedule 1 and 2' where different government departments are to execute these plans namely Department of Environmental Affairs and Tourism, Department of Water Affairs, Department of Agricultural, Housing, Trade and Industry, Department of Agricultural , Housing, Trade and Industry, Transport and Defence, Ministry of Natural Resources and Energy, Health and Labor Market. 107.
INTERNATIONAL ENVIRONMENTAL LAW
Common law in the Republic of South Africa is recognized as binding within the meaning of the Constitution unless inconsistent with the Constitution or an Act of Parliament. 111. All international treaties concluded before the entry into force of the Constitution remain in force. The Stockholm Declaration states that the environment is essential to the "ultimate enjoyment of basic human rights – even the right to life itself". 113.
Globalization, with the proliferation of the Internet and the inherent cheap access to information, makes communication a tool for changing the world. In conclusion, the need for environmental reform remains paramount for environmental sustainability for current and future generations.
THE CONSTITUTION AND HUMAN RIGHTS
- THE PROPERTY CLAUSE
- THE ADMINISTRATIVE JUSTICE CLAUSE
- THE ACCESS TO INFORMATION CLAUSE
- LEGAL STANDING (LOCUS STANDI)
- CRIMINAL SANCTIONS
- PRIVATE PROSECUTIONS
Every person has the right to access information held by the state and state bodies that relate to the implementation of this law and any other legislation that affects the environment, the state of the environment and the actual or future threats to the environment. There are certain restrictions on its use, namely that disclosure must be made to a committee of Parliament or a provincial legislature, a government agency responsible for protecting the environment or emergency services, the Public Protector, the Human Rights Commission or an Attorney General. As the TRC's shortcomings are many and the "restorative" justice may not be the deterrent capable of ensuring that the environment and people are protected.
Any person, in the public interest or in the protection of the environment, may institute and pursue criminal prosecution against the violation or threatened violation of any duty, except when this is a public duty of a state body, where the duty includes the protection of the environment. and trespassing is a criminal offence. This innovative introduction to environmental law creates elaborate provisions to facilitate conciliation, arbitration and investigation between different levels of government and between different private and government sectors.
IMPROVEMENTS TO THE LAW
- CONTROL OF ENVIRONMENTAL LAW
- ENFORCEMENT PERSONNEL
- FRAGMENTATION OF THE LAW
- ENVIRONMENTAL COURT
- SELF- REGULATION
Consequently, the inclusion of environmental matters in this department is a logical conclusion, since industry is one of the main culprits for the poor state of our environment. Many local and provincial authorities, which are responsible for the implementation and enforcement of Act no. 132, are "significantly understaffed and underfunded". 139 The fragmentation of legislation has resulted in the neglect of environmental enforcement due to the additional burden of funding these larger departments at the national, provincial and local levels.
In the Lord Morris Memorial Lecture, October 1998, Lord Woolf referred to the New South Wales Environment Court parallel and said: 'I have long been in favor of a one-stop shop. Due to the failure of the administration of environmental law and the problems that have become much more complex to monitor, environmental expectations have not been met.
5 PRACTICAL SOLUTIONS
EMISSION RIGHTS
Its main objective is to provide a knowledge-based assessment of the possibilities and costs of CO2 sequestration. One factor to consider is the direct injection of CO2 into the ocean and the stimulation of phytoplankton growth.
TRAPPING OF CARBON DIOXIDE
Technologies that harness wave and tidal energy may prove to be a viable alternative, but their effectiveness remains to be explored. Many companies consider their stock market rating and profitability to be more of a concern than the fact that they are considered an environmentally friendly organization. 157 Wouter van Dieren 'Regarding Nature' Report to the Club of Rome - Copernius (1995) New York 282 'The IPCC wants greenhouse gas emissions to be cut by 60 to 80 percent to prevent a dangerous acceleration of global warming. '.
Many companies regard pollution and waste as inefficient production processes and thereby recycle their by-products to generate additional revenue.160 Sustainable development is conceived as a. Lenders; Investors and insurance companies must be aware not only of their financial risk, but also of the environmental risk in the business trade sector.
TECHNICAL EFFICIENCY AND EMISSION REDUCING IMPROVEMENTS
Many investment management companies are promoting 'ethical investing' as an alternative investment without compromising your principles. The goal is to achieve air quality in a scientific and cost-effective manner, so engine technology and fuel research must be addressed simultaneously.163 This process must take into account other factors including vehicle size and weight, the most efficient use of fuel well (lean boom), synchronized transmission systems and hybrid vehicles (combination of diesel and other energy/fuel derivatives).
ECONOMIC INCENTIVISATION PROGRAMMES
CONCLUSION
This is mainly due to the enormous economic power of large corporations and oil cartels. Also of concern is the location of polluting industries in California, particularly near black communities. Change should be encouraged for the sake of the environment as it is a public domain.
The current generation has the power to change and adopt radical approaches to preserving the environment. It is in the interest of Columbia's ruling party to continue this process, as any diminished foreign earnings are enhanced by its 'own and selfish' concern for its people.
OTHER COMPANIES, GOVERNMENTAL AND LOCAL AUTHORITIES
EMISSIONS AND QUANTITIES
The energy sector6 (electricity generation, emissions from oil and coal refining to produce petroleum products, coal mining, gas extraction, combustion of coal and oil for industrial purposes) is the single largest source of carbon dioxide and sulfur dioxide emissions in South Africa. Emissions from vehicles contribute 44% of total national nitrogen oxide emissions and 45% of total national volatile organic carbon emissions. Anthropogenic emissions of carbon dioxide and other gases have also contributed to the greenhouse effect and global climate change.
UNITED STATES OF AMERICA
SOUTH AFRICA 1 DURBAN SOUTH
- MEREBANK
BOOKS
PEARCE, D Wand TURNER, R K Economics of Natural Resources and the Environment John Hopkins University Press Baltimore Maryland 1990. PETRIE, J G and OTHERS Environmental Management in South Africa - Air Pollution Cape Town Juta & Co Ltd. STACY, H Environmental justice and transJormative law in South Africa and some transboundary notes on Australia, the USA and.
VAN DIEREN, W Taking Nature into Account A Report to the Club of Rome Corpernicus New York 1995. AMERICAN JOURNAL OF INTERNATIONAL LAW 1990 WEISS, BROWN EDITH Our Right and Obligations to Future Generations for the Environment.
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