South African Journal of Environmental Law and Policy - latest Issue
Volume 14, Issue 2, 2007
Author Godwell NhamoSource: South African Journal of Environmental Law and Policy 14, pp 136 –157 (2007)More Less
Scholars from emerging economies are faced with critical shortages o f material pertaining to laws and policies on packaging waste management, particularly insights on their successful implementation (or lack o f it thereof). This paper deliberates on this subject focusing on South Africa, tracing packaging waste laws and policy reforms since the enactment o f the Environmental Conservation Act (73 o f 1989) until its subsequent amendment in 2003 in order to permit specific packaging waste streams regulation. What emerges from the study is a 15-year policy making cycle marked by the enactment o f a series o f framework legislation and accompanying regulations and specifications. The paper also established that inadequate key stakeholder engagement, particularly with organised business and organised labour, as well as piecemeal packaging waste stream regulation (as was the case with the plastic bags) are some of the missing links to successful implementation o f such laws and policies.
Environmental over-reaction: the implications of the cartegena protocol on biosafety for the African natural environment and African developmentAuthor Kevin IlesSource: South African Journal of Environmental Law and Policy 14, pp 159 –185 (2007)More Less
The Cartagena Protocol on Biosafety, concluded in terms o f the Convention on Biological Diversity, regulates the trade, transfer, use and transboundary movement o f living genetically modified organisms. With certain limited exceptions, and despite the potential environmental benefits and benefits for African agricultural development, African nations have not embraced genetically modified crops. The regulatory regime created by Cartagena is also beyond the financial, technical and administrative capacity of most African nations. When analysed in its constituent elements, the formulation of the precautionary principle in Cartagena is seen to be an absolutist formulation equivalent only to the formulation o f the principle used in waste conventions. It is proposed that the costs/benefits analysis used in the Convention on Biological Diversity should also be employed when interpreting the precautionary principle in Cartagena and that objective scientific evidence o f risk should be a precursor to the invocation o f the principle.
Environmental management and rehabilitation under the minerals and Petroleum Resources Development Act: a biodiversity outlookSource: South African Journal of Environmental Law and Policy 14, pp 187 –216 (2007)More Less
South Africa is host to a wealth of biodiversity; however, the mining of the countrys vast natural resources has significant and negative biodiversity impacts. The Mineral and Petroleum Resources Development Act (the MPRDA) is the principal piece of legislation governing all stages of the mining process in South Africa. It currently is also the primary statute governing the environmental regulation of mining in the country. The statute requires prospecting and mining operators to obtain environmental approval in advance of operations, and also imposes ongoing environmental management and rehabilitation obligations throughout the life-cycle of the mine. The legislation is discussed in relation to current practices of the regulatory authorities and the mining industry.
Costs, with pained regret: wildlife and environmental society of South Africa v MEC for economic affairs, Environment and Tourism, Eastern Cape, and Others 2005 (6) SA123Source: South African Journal of Environmental Law and Policy 14, pp 217 –225 (2007)More Less