UNIT 3

FUNDAMENTAL PRINCIPLES OF ENVIRONMENTAL LAW

i) Sustainable Development

The Garcikovo – Nagymaros Project

The principle that enables the court to do so is the principle of
sustainable development.

ii) Precautionary Principle

R v. Secretary of State for Trade and Industry, Ex p. Duddridge

is primarily intended to avoid long tern harm to the environment

itself rather than damage to human health from transitory
environmental conditions.”

Leatch Vs National Parks and Wildlife Service and Shaolhaven City

Council

 In its judgement, the court observed that where there is a

threat of significant reduction or loss of biological diversity,
lack of full scientific certainty should not be used as a reason
for postponing measures to avoid or minimise such a threat.
The court noted that the precautionary principle is directed
towards the prevention of serious or irreversible harm to the
environment in situations of scientific uncertainty. It is premise
is that where uncertainty or ignorance exists concerning the
nature of scope of environmental harm, decision makers
should be cautious.

i) Polluter Pays Principle (PPP)

Environmental Council of Zambia Vs. Crushex (Z) Limited

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 ✔ That the defendant shall upon cessation of quarry activities clean
up the quarry area and remedy any damage caused to the
environment and immediate areas to the full satisfaction of the
ECZ.

✔ That the Defendant shall have in place a compensation plan for

any bonafide claims that may arise from the Sihoto village area
in respect of the effect of the dust pollution occasioned by the
defendant as a result of the activities of the quarry.

✔ Indian Council for Enviro – Legal Action Vs Union of India

✔ that an enterprise that engaged in hazardous or inherently

dangerous activity which resulted in harm to anyone, is strictly
and absolutely liable to compensate all those who are affected.
The court endorsed the PPP under which the financial
cost of preventing or remedying damage lie with those
who cause the pollution. The court also directed the central
government to determine the amount of money to carry out
remedial measures for the pollution and ordered the factories to
be closed.

The “No Harm” Rule

Corfu Channel (UK v. Albania)

✔ further that every state has a duty not to knowingly allow its
territory to be used for activities that are contrary to the rights of
other states.

Intergenerational equity (Meeting the needs of Future Generations)

Juan Antonio Opasa and Others Vs The Honorable Fulgencio S.
Factoran

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 every generation has a responsibility to the next to preserve the
rhythm and harmony of nature for the full enjoyment of a balanced
and healthy ecology.
i) Participatory Principle (Transparency, Public Participation
and Access to information and Remedies)

Integrity Foundation Vs. Zambia Wildlife Authority, Environmental

Council of Zambia, Attorney General and Kafue District Council
The importance of the participatory principle is shown by the need for an
E.I.A
Florite Limited and Robert Kunda Chimambo, Lusaka City Council
and Environmental Council of Zambia
 This case demonstrates the relevance of participatory order
and access to justice in particular.

Unit 5
INFLUENCES ON THE CREATION OF ENVIRONMENTAL LAW:
INTERNATIONAL LAW

The Trail Smelter Case

“…no state has the right to use or permit the use of its territory in such
a manner as to cause injury by fumes in or to the territory of another
or the properties or persons therein, when the case is of serious
consequence and the injury is established by clear and convincing
evidence.”

Unit 8

Public participation

MOTOR TRADERS ASSOCIATION OF CENTRAL AFRICA AND OTHERS V

MUNICIPAL COUNCIL OF MUFULIRA

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 where 4ourt upheld the respondents preliminaryobjection that Tribunal
had no jurisdiction to entertain the appeal because none of the
appellantshad the right of appeal

Relationship between planning law and environmental law

GATEHEAD MBC V SECRETARY OF STATE FOR ENVIRONMENT

“it is not the job of the planning system to duplicate controls which are
the statutory responsibility of other bodies”.

Environmental considerations in development plans

MOTOR TRADERS ASSOCIATION OF AFRICA V MUNICIPLA OF MUFULIRA

• Reconciling conflicts between the need for development and the

need to protect the environment.

• Consulting Environmental Agency- ZEMA

Environmental impact assessment

The law

Environmental Council of Zambia Vs. Crushex (Z) Limited

✔ That the defendant shall upon cessation of quarry activities clean

up the quarry area and remedy any damage caused to the
environment and immediate areas to the full satisfaction of the
ECZ.

✔ That the Defendant shall have in place a compensation plan for

any bonafide claims that may arise from the Sihoto village area
in respect of the effect of the dust pollution occasioned by the
defendant as a result of the activities of the quarry.

✔ Kangwa and Others v Environmental Council of Zambia and

others

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 ✔ The court appreciated the need for public participation before the
approval of environmental impact statements. The court held
that the purpose of judicial review is to ensure that an individual
is treated fairly by an authority and not to substitute the opinions
of expert agencies exercising statutory functions. However, the
court held that the plaintiffs failed to prove that the Minister of
Local Government acted unreasonably, illegally or procedurally
improperly and that they also lacked a title to the land in
question.

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