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

Notices:

  1. “National Environmental Management Act 107 of 1998 – GN R 1116 in GG 42669 of 30 August 2019 – Notice of the requirement to submit a report generated by the national web based environmental screening tool published in GN 961 in GG 42561 of 5 July 2019 withdrawn”;
  2. “National Environmental Management: Air Quality Act 39 of 2004 – GN 1113 in GG 42669 of 30 August 2019 – Publication for comment of notice of intention to repeal the following Regulations and notices made in terms of the Atmospheric Pollution Prevention Act 45 of 1965 – Fuel Burning Appliances in Dwelling Houses”;
  3. “National Environmental Management: Air Quality Act 39 of 2004 – GN 1113 in GG 42669 of 30 August 2019 – Publication for comment of notice of intention to repeal the following Regulations and notices made in terms of the Atmospheric Pollution Prevention Act 45 of 1965 – GN 1114 in GG 42669 of 30 August 2019 – Smoke Control Regulations and Smoke Control Zone Orders”; and
  4. “National Environmental Management: Air Quality Act 39 of 2004 – GN 1113 in GG 42669 of 30 August 2019 – Publication for comment of notice of intention to repeal the following Regulations and notices made in terms of the Atmospheric Pollution Prevention Act 45 of 1965 – GN 1115 in GG 42669 of 30 August 2019 – Regulations relating to the Inspection of Premises in a Dust Control Area and Dust Control Area”.

Comments:

  1. Draft Marine Pollution (Prevention of Pollution from Ships) Amendment Bill, 2019 – Gen Notice 476 in GG 42688 of 6 September 2019 – for comment;
  2. National Environmental Management: Air Quality Act 39 of 2004 – GN R1136 in GG 42684 of 6 September 2019 – Draft amendments to the National Greenhouse Gas Emissions Reporting Regulations, 2016 – for comment; and
  3. National Environmental Management: Waste Act 59 of 2008 – GN 1135 in GG 42681 of 4 September 2019 – Draft National Norms and Standards for Organic Waste Composting – for comment.

Interesting readings: 

Biodiversity:

  1. Science: Nordling L “Great white sharks have suddenly disappeared from one of their favorite hangouts” 30 August 2019; and 
  2. Wild S “Groups of people are wandering SA’s mountains, ‘hacking’ down alien trees for sport” News24 1 September 2019. 

Environmental: Comment sought on rhino, bitter aloe findings:

Climate change and energy:

  1. Mail & Guardian: Titley D “Why is climate change’s 2°C of warming limit so important?” 31 August 2019;
  2. Cockburn H “Climate crisis: Great Barrier Reef has deteriorated to ‘critical point’ amid warming seas and pollution, major report says – Warning comes as Australia’s greenhouse gas emissions reach highest level for seven years” The Independent 30 August 2019; and
  3. The Conversation: Cormack Z “How Kenya’s mega wind power project is hurting communities” 3 September 2019.

Miscellaneous:

  1. Kretzman S “Rising sea levels already causing problems for Cape Town” GroundUp 30 August 2019; and
  2. Mail & Guardian: “What does ‘fourth industrial revolution’ even mean?” 6 September 2019.

Water sanitation and chemicals:

  1. Caboz J “200 tons of ‘plastic road’ will be laid on a stretch of the N3 in KwaZulu-Natal soon, to see if it can last under South Africa’s harsh sun” Business Insider 8 September 2019.

Interesting cases:

  1. Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd 2019 (5) SA 275 (GP)
    “Environmental law—Environmental legislation—Enforcement—Private prosecution—Whether permissible after application made for rectification of unlawful commencement or continuation of listed activities—National Environmental Management Act 107 of 1998, ss 24G and 33.
  2. Environmental law—Environmental legislation—Enforcement—Private prosecution—Requirements for instituting—Consultation between applicant and national prosecuting authority—What constitutes ‘consultation’—National Environmental Management Act 107 of 1998, s 33; Criminal Procedure Act 51 of 1977, s 8(2).
  3. Environmental law—Environmental legislation—Enforcement—Rectification of unlawful commencement or continuation of listed activity—Effect of application for rectification on private prosecution for unlawful commencement of listed activity—Status of rectification report—National Environmental Management Act 107 of 1998, s 24G.”
  4. Wilkinson and Another v National Director of Public Prosecutions and Others 2019 (2)
    “Indictment and charge—Objection to charge—Proper forum for ventilating objection is court sitting in trial—Removal of criminal proceedings to civil courts deprecated—Criminal Procedure Act 51 of 1977, s 85. Environmental offences—Rhino horn—Evidence—Reverse-onus provisions in various provincial ordinances—Obiter: reverse-onus provisions in question reasonable, proportionate and justified under s 36 of Constitution.”

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