Please find below the following interesting readings and opportunity to comment – applicable to the environmental field.

Policy:

  1. Draft Marine Oil Pollution (Preparedness, Response and Cooperation) Bill, 2019 Gen Notice 594 in GG 42815 of 31 October 2019 – for comment.

Notice:

  1. National Water Act 36 of 1998 – GN 1420 in GG 42818 of 1 November 2019 – Proposal to construct the Berg River-Voëlvlei Augmentation Scheme”- for comment; and,
  2. National Environmental Management: Protected Areas Act 57 of 2003 – PN 156 in PG 3047 of 1 November 2019 – Declaration of respective land parcels as protected environment – Bokgobelo Protected Environment.

Environmental law:

  1. Krakoff S “Environmental Justice and the Possibilities for Environmental Law” 2019 49 Environmental Law 229; and,
  2. Transnational Environmental Law 8(3) on Global Environmental Law now available.

Interesting readings:

Climate change and energy:

  1. Cecco L “Glacial rivers absorb carbon faster than rainforests, scientists find” The Guardian 25 October 2019;
  2. Ambrose J “Offshore windfarms ‘can provide more electricity than the world needs’” The Guardian 25 October 2019;
  3. Weston P “Organic farming produces more carbon emissions because it takes up more land, study finds” The Independent 22 October 2019;
  4. Oltra C et al “Public acceptance of joint projects in renewable energies. a survey study in four countries” (Mustec Report October 2019);
  5. Liliestam P “Whither CSP? Taking stock of a decade of concentrating solar power expansion and development” (Mustec Report October 2019);
  6. ACOEL: Ruhl JB “What Happens When the Green New Deal Meets the Old Green Laws?” 27 March 2019; and,
  7. Ambrose J “Oil giants must cut output by a third to meet climate target – study” The Guardian 1 November 2019.

Miscellaneous:

  1. Webber Wentzel: “National Environmental Management Laws Amendment Bill IV revived in Parliament” 22 October 2019;
  2. The Guardian: Lakhani N “’Racism dictates who gets dumped on’: how environmental injustice divides the world” 21 October 2019;
  3. “SA best African country to fight pandemics, according to global index” News24 26 October 2019; and,
  4. Sweet J “Upward trajectory towards environmental sustainability” BizCommunity 29 October 2019.

Water sanitation and chemicals:

 

Mining:

  1. “Watch: Is there a future for coal mining in SA?” BusinessLive 22 October 2019; and,
  2. Citizen: Schrieber S “How mining has poisoned communities, land, air and water” 24 October 2019 [Legalbrief Environmental 29 October 2019].

Biodiversity:

  1. Redfearn G “Coral cover around popular Great Barrier Reef islands has almost halved” The Guardian 24 October 2019;
  2. Philips D “Amazon rainforest ‘close to irreversible tipping point’” The Guardian 23 October 2019;
  3. “Sea urchin population soars 10,000% in five years, devastating US coastline” The Guardian 24 October 2019;
  4. Branco PS et al “An experimental test of community‐based strategies for mitigating human–wildlife conflict around protected areas” 2019 Conversation Letters https://doi.org/10.1111/conl.12679;
  5. Science: Gibbons A “Experts question study claiming to pinpoint birthplace of all humans” 28 October 2019; and,
  6. Woodward A “Thousands of animals around the world are at risk of extinction. But not jellyfish — they’re thriving in warm, polluted water” Business Insider 1 November 2019.

Interesting cases:

Ndlovu and Others v S (CC90/2017) [2019] ZAECPEHC 72 (31 October 2019)

Bail application – rhino horn theft

1. The three applicants in this application for bail pleaded not guilty to, but were nonetheless convicted of, various charges arising from ten different incidents of rhino poaching in the Eastern Cape (Albany, Jansenville, Graaff Reinet and Cradock). The charges included theft of rhino horn; attempted theft of rhino horn (count 36 in respect of accused numbers 1 and 3 only); contravening section 57(1) of the National Environmental Management Biodiversity Act 10 of 2004 (activities involving protected species without a permit); contravening section 29(k) of the Cape Provincial Ordinance on Nature and Environmental Conservation, 19 of 1974 (activities involving wild animals by means of a device injecting an intoxicating or narcotic agent into the said rhino without holding the relevant permit); contravening section 22A (1) of the Medicines and Related Substances Act, 101 of 1965 (illegal possession of schedule 6 medicine or substance), being in possession of M99 (Etorfine) and or Theafentanil; contravening section 90 of the Firearms Control Act, 60 of 2000 read with section 250 of the Criminal Procedure Act, 51 of 1977 in that they possessed .22 calibre ammunition without the relevant permits.”

2. In the matter of: The Environmental Management Act 2011 and In the matter of: The Lower Zambezi National Park, Kangulawu EIA between Ziba and Others v Attorney General and Mwembeshi Resouces Limited Case No 214/HP/A006 High Court for Zambia Decided 17 October 2019 [Also see Blogs – Africa – Mining] Condonation for appeal – mining in Lower Zambezi National Park – “This appeal was filed on the 4th day of February, 2014 appealing against the decision of the Minister of Lands, Natural Resources and Environmental Protection made on the 17th January, 2014 allowing the 2nd Respondent to carry out large scale mining activities in the Lower Zambezi National Park. The said appeal was purportedly filed in terms of the provisions of the Environmental Management Act, No 12 of 2011 of the Laws of Zambia”.

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