n Annual Survey of South African Law - Environmental law

Volume 2013, Issue 1
  • ISSN : 0376-4605



This Act amends several environmental Acts. An earlier Bill contained amendments to the National Environmental Management Act 107 of 1998 ('NEMA') in relation to the regulation of mining, but these aspects have since been included in a separate Bill. First, the Act amends the National Environmental Management: Biodiversity Act 10 of 2004. Some of the more noteworthy amendments are: section 51, setting out the purpose of the chapter dealing with threatened or protected species, now contains an additional purpose which is to 'provide for the regulation of threatened or protected indigenous species to ensure that the utilisation of these species is managed in an ecologically sustainable manner' (s 3). Express provision has now been made for a purpose which was previously not provided for explicitly, as a response to the judgment in [2011] 2 All SA 529 (SCA), where the court found 'canned hunting' regulations invalid because they did not fit within the legislative objective of the Act which is the protection of species, as opposed to their sustainable use.

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