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Judicial mandate in safeguarding environmental rights from the adverse effects of mining activities in Zambia
(PER/PELJ, 2019)
The protection of the environment from the effects of mining activities, though cardinal, has been a daunting task in Zambia. A polluted environment affects the rights of those who depend on a clean one for their survival. ...
Misplacing nema? A consideration of some problematic aspects of South Africa's new EIA regulations
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)
In mid-2006, new Regulations governing environmental impact assessment were
published in terms of the National Environmental Management Act 107 of 1998. It is
argued in this article that the old Regulations under the ...
Unpacking the public trust doctrine: A journey into foreign territory
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)
The past decade has borne witness to the transformation of South Africa's natural
resources law with the introduction of a new legal concept, that of "public
trusteeship", to South African jurisprudence. The concept of ...
The Dutch crisis and Recovery Act: Economic recovery and legal crisis?
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)
In the Netherlands, the 2010 Crisis and Recovery Act aims at speeding up decisionmaking
on a wide variety of activities, hoping that after the financial and economic
crisis has passed, development projects can immediately ...
How to use voluntary, self-regulatory and alternative environmental compliance tools: some lessons learnt
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)
A number of alternative environmental enforcement tools are available that may be
used to enhance the environmental enforcement effort in South Africa. Current
debate focuses on which tools work effectively and the reasons ...
Public interest environmental litigation: recent cases raise possible obstacles
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)
Despite the broadening of locus standi in environmental cases by both Section 38 of
the Constitution of the Republic of South Africa, 1996, and Section 32 of the National
Environmental Management Act 107 of 1998, two ...
The legislative authority of the local sphere of government to conserve and protect the environment : a critical analysis of Le Sueur v eThekwini Municipality [2013] ZAKZPHC 6 (30 January 2013)
(2014)
Legislative authority in South Africa is divided among the national, provincial and local spheres of government. Section 43 of the Constitution provides in this respect that the legislative authority of the national sphere ...
Localising environmental governance: the Le Sueur case
(2014)
In the matter of Le Sueur v Ethekwini Municipality the KwaZulu-Natal High Court decided that municipalities had the power to legislate on environmental issues such as biodiversity and conservation. This note argues that ...
The regulation of acid mine drainage in South Africa: law and governance perspectives
(2014)
Acid mine drainage (AMD) is arguably one of the most serious environmental concerns in South Africa. AMD is a legacy left behind by abandoned, derelict and defunct mines, and is a continuing by-product of existing mining ...
A customary right to fish when fish are sparse: managing conflicting claims between customary rights and environmental rights
(2013)
This contribution considers the potential conflicts that may arise between customary rights and environmental rights in the face of dwindling marine resources. It sets the scene by reflecting on some of the common themes ...