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1,323 documents from Centre for Environmental Rights
A NATIONAL CLIMATE CHANGE RESPONSE STRATEGY FOR SOUTH AFRICA
The report outlines South Africa's strategy to address climate change, emphasizing the need to balance environmental response with national priorities like poverty alleviation and job creation. It identifies high-vulnerability sectors—including health, water resources, and agriculture—and proposes adaptation measures such as improved water management and the development of drought-resistant crops. For mitigation, the strategy focuses on diversifying the energy economy away from coal, promoting renewable energy, and utilizing the Kyoto Protocol's Clean Development Mechanism (CDM). The document advocates for a coordinated inter-departmental approach, enhanced public awareness, and the integration of greenhouse gas monitoring into national air quality legislation.
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Document type: Report
DESIGNATION OF THE PETROLEUM AGENCY SOUTH AFRICA (PROPRIETARY) LIMITED FOR THE PURPOSES OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002 (ACT NO. 28 OF 2002)
A 2004 government notice designating the Petroleum Agency South Africa (Proprietary) Limited to perform functions under Chapter 6 of the Mineral and Petroleum Resources Development Act, 2002, and other petroleum-related duties as determined by the Minister of Minerals and Energy.
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Document type: Statement
DIVISION OF THE REPUBLIC INTO REGIONS FOR THE PURPOSES OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002 (ACT NO. 28 OF 2002)
This government notice, published on 30 April 2004 by the Minister of Minerals and Energy, defines the regional divisions of South Africa and its adjacent sea for the purposes of the Mineral and Petroleum Resources Development Act, 2002.
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Document type: Statement
RICHTERSVELD COMMUNITY v ALEXKOR LTD & ANOTHER [2004] 3 All SA 244 (LCC)
The document examines the legal precedent established in RICHTERSVELD COMMUNITY v ALEXKOR LTD & ANOTHER [2004], confirming that the Land Claims Court has the authority to order defendants to compensate for or repair environmental damage to land subject to a restitution claim. It establishes that dispossession of land includes the loss of mineral rights and that the court can grant both restoration of land and equitable redress, including monetary compensation for environmental degradation to return the claimant to their original position.
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Document type: Legal commentary
MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT 28 OF 2002
The Mineral and Petroleum Resources Development Act 28 of 2002 establishes the State as the custodian of South Africa's mineral and petroleum resources. It aims to ensure equitable access, promote sustainable development, and redress past racial discrimination through broad-based economic empowerment. The Act regulates the application, granting, and renewal of reconnaissance, prospecting, and mining rights, while providing a legal framework for the conversion of 'old order' rights and the management of environmental impacts.
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Document type: Report
Hichange Investments (Pty) Ltd v Cape Produce Co (Pty) Ltd t/a Pelts Products and Others
This briefing outlines a 2001 High Court of South Africa judgment regarding the discharge of noxious gases from a tannery and the subsequent failure of government officials to address the pollution.
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Document type: Briefing
LOCAL GOVERNMENT: MUNICIPAL PLANNING AND PERFORMANCE MANAGEMENT REGULATIONS, 2001
The Local Government: Municipal Planning and Performance Management Regulations, 2001, issued under the Municipal Systems Act 32 of 2000, establish the mandatory requirements for South African municipalities to develop Integrated Development Plans (IDPs) and implement performance management systems. The regulations detail the necessary components of an IDP, the process for its amendment, the setting and review of key performance indicators (KPIs), and the establishment of performance audit committees and community participation forums.
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Document type: Report
LOCAL GOVERNMENT: MUNICIPAL SYSTEMS REGULATIONS, 2001
The Local Government: Municipal Systems Regulations, 2001, issued by the Minister for Provincial and Local Government under the Municipal Systems Act 32 of 2000, establishes specific deadlines for statutory requirements and sets the threshold for the declaration of gifts received by councillors.
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Document type: Guide
DECLARATION OF AREAS AS MARINE PROTECTED AREAS
This government notice, published on 29 December 2000 by the Minister of Environmental Affairs and Tourism, declares several areas as Marine Protected Areas (MPAs) under Section 43 of the Marine Living Resources Act, 1998. The document defines the precise geographic boundaries of these MPAs across the Western Cape, Eastern Cape, and KwaZulu-Natal provinces and outlines specific stipulations regarding permitted fishing activities and restrictions on vessel use and wildlife interaction.
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Document type: Statement
LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT 32 OF 2000
The Local Government: Municipal Systems Act 32 of 2000 is a South African legislative framework designed to enable municipalities to achieve social and economic upliftment for local communities. It establishes the legal nature of municipalities, defines the rights and duties of councils and community members, and mandates the creation of Integrated Development Plans (IDPs) and performance management systems. The Act also regulates municipal services, the establishment of municipal entities, and the conduct of councillors and staff through formal Codes of Conduct.
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Document type: Report
GRAND MINES (PTY) LTD v GIDDEY NO 1999 (1) SA 960 (SCA)
The document summarizes the case of Grand Mines (Pty) Ltd v Giddey, in which the Supreme Court of Appeal dismissed an appeal by Grand Mines. The court ruled that the obligation of Bercon Mines to rehabilitate an opencast site was not reciprocal to Grand Mines' obligation to pay for coal delivered, meaning Grand Mines could not withhold payment based on the failure to rehabilitate. The case also highlights the contractual outsourcing of environmental obligations and the lack of formal rehabilitation plans required by the Mines and Works Act of 1956.
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Document type: Legal commentary
REGULATIONS IN TERMS OF THE MARINE LIVING RESOURCES ACT, 1998
The Regulations in terms of the Marine Living Resources Act, 1998, establish a comprehensive legal framework for the management, conservation, and exploitation of marine living resources in South African waters. The document details administrative procedures, gear restrictions, species-specific limits, mariculture standards, and compliance monitoring systems to ensure sustainable fisheries management.
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Document type: Report
MARINE LIVING RESOURCES ACT 18 OF 1998
The Marine Living Resources Act 18 of 1998 is a South African law designed to ensure the conservation and sustainable utilization of marine ecosystems. It establishes a regulatory system for allocating fishing rights (commercial, small-scale, and recreational) based on total allowable catches and applied effort. The Act emphasizes social transformation, aiming to rectify historical imbalances in the fishing industry. It provides the state with robust enforcement powers, including the use of fishery control officers and the ability to seize vessels, while creating a dedicated fund to support marine resource administration.
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Document type: Report
LASCON PROPERTIES (PTY) LTD v WADEVILLE INVESTMENT CO (PTY) LTD & ANOTHER 1997 (4) SA 578 (W)
The document analyzes the case of Lascon Properties (Pty) Ltd v Wadeville Investment Co (Pty) Ltd & Another, where the court determined that the duty to render water containing harmful matter innocuous under Regulation 5.9.2 of the Mines and Works Act 27 of 1956 involves strict liability. The court ruled that a breach of this statutory duty allows for a claim for compensation independently of the Aquilian action, meaning the plaintiff did not need to prove fault (negligence or intention) to recover damages for property affected by acidic mine water.
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Document type: Legal commentary
COMMISSIONER FOR INLAND REVENUE v MANGANESE METAL COMPANY (PTY) LTD [1996] 1 All SA 2004 (T)
The document examines the case of Commissioner for Inland Revenue v Manganese Metal Company (Pty) Ltd, focusing on whether the cost of constructing a dam wall for toxic waste disposal was a capital or revenue expenditure. The court ruled the expenditure was of a capital nature because it constituted a permanent improvement to a fixed asset, meaning it could not be deducted as revenue income. However, the court found the expenditure was deductible under section 11(g) of the Income Tax Act, 1962, as the company had an obligation to meet Department of Water Affairs standards for safe waste disposal.
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Document type: Legal commentary
REGULATIONS RELATING TO THE AERIAL APPLICATION OF AGRICULTURAL REMEDIES
The Regulations Relating to the Aerial Application of Agricultural Remedies, issued under the Hazardous Substances Act 15 of 1973, establish safety and reporting standards for the aircraft-based application of specific hazardous agricultural substances in South Africa.
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Document type: Guide
REGULATIONS REGARDING THE DECLARATION OF CARBON TETRACHLORIDE AS A GROUP I CATEGORY A HAZARDOUS SUBSTANCE
Government regulations published on 3 November 1995 under the Hazardous Substances Act 15 of 1973 declare carbon tetrachloride as a Group I Category A hazardous substance and a prohibited substance, with specific exemptions for importers and manufacturers serving mining, industrial, laboratory, research, or teaching purposes.
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Document type: Report
DECLARATION OF THE TERRITORY KNOWN AS THE PRINCE EDWARD ISLANDS TO BE A SPECIAL NATURE RESERVE
A government notice issued by the Minister of Environmental Affairs and Tourism declaring the Prince Edward Islands as Special Nature Reserves under the Environment Conservation Act of 1989.
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Document type: Statement
GENERAL POLICY REGARDING TERRESTRIAL AND MARINE PROTECTED AREAS
The 'General Policy Regarding Terrestrial and Marine Protected Areas', published on 9 May 1994 under the Environment Conservation Act 73 of 1989, establishes a six-category classification system for protected areas in South Africa. This system shifts away from treating all protected areas as 'sacrosanct wildlife sanctuaries' to incorporate the needs of local communities and align with international trends in nature conservation management.
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Document type: Report
GENERAL POLICY IN TERMS OF THE ENVIRONMENT CONSERVATION ACT 73 OF 1989
The General Policy in terms of the Environment Conservation Act 73 of 1989 is a South African government statement establishing a framework for environmental management. It defines the principles of sustainable development, assigns accountability to government institutions, and outlines specific policy goals across sectors including land use, pollution control, nature conservation, and energy.
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Document type: Statement