Learning Unit 1:

Introduction to Environmental Law

02 August 2023
 This Lecture
Introduction to
environmental law

Defining the concept of

“law”

Sources of law

Conclusion
Introduction to Environmental Law
Save The Planet YouTube Video
Why bother?
• Effect of human development: climate change
Why bother?
Deforestation

Brazil Rainforests
 Why bother?
• Urban Sprawl
1889 1963 1970

2010

Development of
Johannesburg
 Introduction to environmental law
• Urban Sprawl

Johannesburg 2022
Why bother?
• Engineering feats … and human development (desert cities)

Las Vegas over 50 years

1968 (left)
2018 (right)
 Why bother?
• Engineering feats … and human
development (ocean cities)
 Why bother?
• Effect of overusing water resources

Colorado River
Why bother
• Effect of diverting water resources : The Shrinking Aral Sea
1989 2014
• YouTube Video: The Shrinking Aral Sea
Introduction to environmental law
• Why we study environmental management
• Humans’ need for the environment
• In learning unit 1, we deal with the question of what the law is. We
examine the basic characteristics of the law, and we illustrate how its
characteristics apply to environmental management. We give you a
brief overview of the classification of the law and how many legal
rules make up the South African legal system as a whole. You will also
learn about the sources of South African environmental law, and
where we find the law pertaining to environmental management.
Defining the concept of “law”
Defining the concept of “law”

State
• “The Law”
• Legal Relationships
• Legal objects and legal subjects
• Legal subjects
• Nature of Legal relationships Environment

Third parties/
Applicants Interested and
affected parties (IAPs)
Defining the concept of “law”
• Nature of Legal Relationships
✓Private law relationships
✓Public law relationship

• Relationships in … environmental law?

✓Public →Public
✓Public  →Private
✓Private→Private
Structure of government Institutions (Organs of state)

Legislative Branch
separation of powers
Judicial Branch

Executive Branch

How does this relate to environmental law?

Sources of law
“Hierarchy” of legal sources
International Law

Domestic Law

Constitution

Legislation

Customary law Common Law

Judicial precedent
Sources of law
• Written law… by different spheres of government

• parliamentary legislation
• provincial legislation
• local government by-laws
• Original Legislation v Delegated Legislation
Sources of environmental law in South Africa

• The Constitution
• Value-laden document Domestic Law
• Bill of Rights = fundamental rights
• Section 24: Constitution
“Everyone has a right to an environment
not harmful to their health or wellbeing” Legislation

Customary law Common Law

Judicial precedent
Sources of South African Environmental Law

Domestic Law

Constitution

Legislation

Customary law Common Law

Judicial precedent
 Sources of Environmental Law (Information ONLY)

• Constitutionally mandated legislation:

• National Environmental Management Act
• Promotion of Administrative Justice Act
• Promotion of access to Information Act

Common Law Admin Law Contract Law Criminal Law

 Sources of Environmental Law (Information ONLY)
• Land Use Management Legislation

• Planning • Protected Areas • Environmental Impact Assessment

• SPLUMA • NEMPAA • NEMA; EIA Regulations;
• Provincial ordinances • National Forests Act • Sectoral Legislation
• WHCA • NWA
• NHRA • MLRA
• MLRA • MPRDA
• Maritime Zones Act
• NEMICMA
 Sources of Environmental Law (Information ONLY)
• Resource Conservation Legislation

• Agricultural Resources • Biodiversity • Heritage Resources

• Conservation of Agricultural
Resources Act
• Fertilizers, Farm Feeds &
Agricultural Stock Remedies
Act
• Marine Resources
• Marine Living Resources Act
• Water resources
• National Water Act
• Water Services Act
• NEMBA
• National Forests Act
• GMO Act
• Conservation of
Agricultural Resources
Act • Mineral Resources
• National Forest Fire Act
• Provincial Nature
Conservation Ordinances
• National Heritage
Resources Act
• World Heritage
Convention Act
• Mineral and Petroleum
Resources Development
Act
Sources of Environmental Law (Information ONLY)
• Waste Management & Pollution Control Legislation
• Marine Pollution • Freshwater Pollution
• Maritime Zones Act • National Water Act
• Marine Traffic Act • Land Pollution
• Sea-shore Act • Environmental
• Merchant Shipping Act Conservation Act
• Marine Pollution (Prevention (repealed)
of Pollution from Ships) Act • Hazardous Substances
• Marine Pollution Act
(Intervention) Act • OSHA
• Marine Pollution (Control and • NEM: Waste Act
Civil Liability) Act
• Dumping at Sea Control Act • Air Pollution
• Wreck and Salvage Act • NEM: Air Quality Act
Sources of law Domestic Law

• Judicial Precedent Constitution

Legislation
• Common Law
Customary law Common Law

Judicial precedent

• Customary/Indigenous Law
Conclusion
Outcomes:
• define the concept of law
• identify and discuss the characteristics of law
• explain the relevance of the law to environmental governance
• evaluate the legal systems from which the current South African legal
system is derived
• explain what is meant by the “sources” of law
• differentiate between original and delegated legislation
• Explain the significance of the separation of powers in this context
AND…
• explain each of the following sources of law and the impact that it has
had on the South African environmental legal framework:
• the Constitution
• parliamentary legislation
• provincial legislation
• (local government by-laws)
• (delegated legislation)
• case law
• common law
• indigenous/customary law
• international law
Questions