Pretoria University Law Press (PULP)

PULP is an open-access publisher based at the Centre for Human Rights, University of Pretoria

Compendium of South African Environmental Legislation

Compendium of South African Environmental Legislation
Edited by Morné van der Linde
2006
ISBN: 0-9585097-2-7
Pages: 565
Print version: Available
Electronic version: Free PDF available

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About the publication

This Compendium is intended to serve as a basis foundation/primary source in the application of South African environmental law. This Compendium contains a basic overview of the most important national environmental legislation in South Africa. A brief description is provided of environmental legislation covered in this Compendium. Only the most essential environmental legislation has been reproduced in full or in part.

Although a large number of statutes (contained in section 3.1) have been enacted at a national, provincial and local level, this Compendium provides the reader with insight into only the most relevant national legislation. It should also be noted that South Africa is in the midst of an elaborate environmental legislative programme. As a result, major changes to important environmental legislation are presently being considered. This Compendium therefor does not cover important bills before Parliament such as the Waste Management Bill.

This Compendium should be seen as complementary to other works of reference available in South Africa that are relevant to the protection of the environment. The works listed below served as a basis for the commentaries contained in this Compendium:

  • Barnard Environmental Law for All (1999);
  • Fuggle and Rabie Environmental Management in South Africa (1992);
  • Glazewski Environmental law in South Africa (2005);
  • Henderson Environmental Laws of South Africa (1996); and
  • Kidd Environmental Law: A South African Guide (1997)

About the editors:

Morné van der Linde is an advocate of the High Court of South Africa and a research associate of the Centre for Human Rights, Law Faculty, University of Pretoria.


Table of Contents

FOREWORD (By Ian Farlam)
FOREWORD (By Bakary Kante)
INTRODUCTION

  1. CONSTITUTIONAL PROVISIONS RELEVANT TO THE ENVIRONMENT
    Constitution of the Republic of South Africa

  2. LEGISLATIVE FRAMEWORK PROTECTING THE ENVIRONMENT
    2.1 Table of legislation relevant to environmental protection
    2.2 Selected South African environmental legislation
    2.2.1 South African framework environmental legislation
    (i) National Environmental Management Act
    (ii) National Environmental Management: Protected Areas Act
    (iii) National Environmental Management: Biodiversity Act
    (iv) National Environmental Management: Air Quality Act
    2.2.2 Conservation
    A. Forests
    (i) National Forest Act
    (ii) National Veld and Forest Act
    (iii) National Environmental Management: Protected Areas Act
    (iv) National Environmental Management: Biodiversity Act
    B. Water
    (i) National Water Act
    (ii) Water Services Act
    (iii) National Environmental Management:
    Protected Areas Act
    (iv) National Environmental Management:
    Biodiversity Act
    C. Agriculture
    (i) Conservation of Agricultural Resources Act
    (ii) Genetically Modified Organisms Act
    (iii) Agricultural Laws Rationalisation Act
    (iv) National Environmental Management: Protected Areas Act
    (v) National Environmental Management:
    Biodiversity Act
    D. Animals
    (i) Animals Protection Act
    (ii) Sea Birds and Seals Protection Act
    (iii) Societies for the Prevention of Cruelty to Animals Act
    (iv) Animal Improvement Act
    (v) Animal Identification Act
    (vi) Animal Health Act
    (vii) National Environmental Management: Protected Areas Act
    (viii) National Environmental Management: Biodiversity Act
    E. Fisheries
    (i) Abolition of the Fisheries Development Corporation of South Africa, Limited Act
    (ii) Marine Living Resources Act
    (iii) National Environmental Management: Protected Areas Act
    (iv) National Environmental Management: Biodiversity Act
    F. Land
    (i) Lake Areas Development Act
    (ii) Environment Conservation Act
    (iii) Environment Conservation Act Extension Act
    (iv) Environmental Laws Rationalisation Act
    (v) National Environmental Management Act
    (vi) National Environmental Management: Protected Areas Act
    (vii) National Environmental Management: Biodiversity Act
    2.2.3 Pollution
    A. Land Pollution
    (i) National Environmental Management Act
    (ii) Environment Conservation Act
    (iii) Hazardous Substances Act
    (iv) Foodstuffs, Cosmetic and Disinfectant Act
    (v) Mineral and Petroleum Resources Development Act
    (vi) Nuclear Energy Act
    (vii) Nuclear Regulator Act
    (viii) Conservation of Agricultural Resources Act
    (ix) Fertilisers, Farm Feeds Act
    (x) Agricultural Pests Act
    B. Atmospheric Pollution
    (i) National Environmental Management: Air Quality Act
    C. Noise Pollution
    (i) Environmental Conservation Act
    (ii) The Aviation Act
    D. Pollution of Fresh Water
    (i) National Water Act
    E. Marine Pollution
    (i) Marine Pollution (Intervention) Act
    (ii) Marine Living Resources Act
    (iii) Wreck and Salvage Act
    (iv) Mineral and Petroleum Resources Development Act
    F. Pollution from Land-based Activities
    (i) National Water Act
    (ii) Dumping at Sea Control Act
    G. Waste Management
    (i) Hazardous Substances Act
    (ii) National Environmental Management Act
    (iii) Environmental Conservation Act
    (iv) National Environmental Management: Air Quality Act
    (v) National Water Act
    (vi) Occupational Health Safety Act
    2.2.4 Energy and Energy Resources
    A. Electricity
    (i) Electricity Act
    B. Energy
    1. Nuclear Energy
    (i) Nuclear Energy Act
    (ii) National Nuclear Regulator Act
    2. Gas
    (i) Gas Act
    3. Liquid Fuels
    (i) Liquid Fuels and Oil Act Repeal Act
    C. Mining
    (i) Mineral and Petroleum Resources Development Act 

  3. MULTILATERAL ENVIRONMENTAL AGREEMENTS WHICH SOUTH AFRICA HAS RATIFIED/ACCEDED TO
    3.1 Selected Global Multilateral Environmental Agreements: United Nations and Other Treaties
    3.2 Regional Multilateral Environmental Agreements: African Union and SADC Treaties/Protocols
    3.2.1 African Union
    3.2.2 Southern African Development Community (SADC)

  4. USEFUL WEBSITES DEALING WITH ENVIRONMENTAL LAW

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