Question

Mention environmental legislation/regulations/mechanisms applicable in South Africa and excercised by the different levels of government

Answer 1

Answer:

South African environmental law describes the legal rules in South Africa relating to the social, economic, philosophical and jurisprudential issues raised by attempts to protect and conserve the environment in South Africa. South African environmental law encompasses natural resource conservation and utilization, as well as land-use planning and development. Issues of enforcement are also considered, together with the international dimension, which has shaped much of the direction of environmental law in South Africa. The role of the country's Constitution, crucial to any understanding of the application of environmental law, also is examined. The National Environmental Management Act[1] (NEMA) provides the underlying framework for environmental law.

Explanation:

Answer 2

Environmentally socio-economic, economic, philosophical, and jurisprudential issues raised by environmental protection and conservation efforts in South Africa are outlined in South African environmental law. The environmental legislation in South Africa covers conservation and usage of natural resources, as well as the planning and development of land use. The problems of regulation and the international aspect that have influenced a great deal of the environmental legislation direction in South Africa are also discussed.

Explanation

The 1996 Constitution (Constitution) is the all-encompassing Statute of the Republic of South Africa. Paragraph 24 of the Constitution establishes  the right to an environment which is not hazardous to humans well-being & health, & calls on the Govt  to take measure & other actions to:

• Prevent pollution and ecological degradation.
• Promoting conservation.
• Securing "ecologically sustainable development".
• Using natural resources while promoting justifiable social & economic development.

To this end, several important legislation (and relating regulations) have been enacted comprising:

1. "Hazardous Substances Act,1989".
2. "Mineral & Petroleum Resources Development Act  2002".
3. "National Environmental Management Act (NEMA)".
4. "National Environmental Management: Air Quality, 2004".
5. "National Environmental Management: Biodiversity Act, 2004".
6. "National Environmental Management: Protected Areas, 2003"
7. "National Environmental Management: Waste Act 2008".
8. "National Water Act, 1998".

NEMA plays a crucial role in maintaining effective environmental policy by:

1. Establishing decision-making principles on environmental issues matters.
2. Establish institutions supporting cooperative governance and approaches used by state agencies to manage environmental functions.
3. Apart from that any matter that is related in the legislation laid by the Constitution

Key environmental regulatory authorities include the:

1. "Department of Mineral Resources (DMR)".
2. "Department of Environmental Affairs (DEA)".
3. "Department of Water and Sanitation (DWS)".

All government branches and all state institutions will collaborate, communicate and support each other on environmental issues

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