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EEC2B > Introduction To South African Environmental Law (16b) > Flashcards

Introduction To South African Environmental Law (16b) Flashcards

1
Q

Main environmental act of SA?

A

National Environmental Management Act (NEMA).

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2
Q

NEMA?

A

= states that reasonable measures must be taken to prevent pollution or environmental degradation from occurring, continuing or recurring.

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3
Q

What do these “reasonable measures” include?

A

Educating employees about the environmental risks of their work & how their tasks must be performed in order to avoid pollution or environmental degradation.

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4
Q

What happens if you don’t obey the law? (4)

A

• Legal consequences.
• Financial consequences.
• Publicity consequences.
• Personal consequences.

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5
Q

Legal consequences include? (3)

A

• Jail.
• Fines.
• Loss of licences.

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6
Q

Financial consequences include? (2)

A

• Loss of revenue.
• Rehabilitation costs.

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7
Q

Publicity consequences include?

A

Negative perception.

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8
Q

Personal consequences include?

A

Loss of job.

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9
Q

Through what did environmental law really gain recognition?

A

The Stockholm convention (1972).

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10
Q

Constituents/Branches of environmental law? (8)

A

• Legislation (statutes).
• Precedent (court decisions).
• Common law.
• Customs.
• Indigenous law.
• Publications of authors.
• Religious based legal systems.
• International law.

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11
Q

Legislation constituents?/Hierarchy of legislation?(4) [from top to bottom]

A

• The Constitution.
• National legislation.
• Provinsial legislation.
• Local by-laws.

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12
Q

When is Common law applied?

A

Where a matter is not specifically governed by legislation.

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13
Q

Common law features? (3)

A

• Based on Roman Dutch law.
• Binding.
• Interpreted from case law.

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14
Q

Interpreted from case law?

A

= one can use judgements from previous cases and courts.

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15
Q

The Constitution?

A

= highest law of the land.

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16
Q

The Constitution includes what rights? (2)

A

• Right to progressive realization of basic human rights.

• Right to equality & special measures to overcome unfair discrimination & disadvantage.

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17
Q

Which section of the Constitution deals with the environment?

A

Section 24 of the Constitution.

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18
Q

Constitutional rights under section 24? (2)

A

• Right to an environment that is not harmful to their health & wellbeing.

• Right to have the environment protected, fornthe benefit of present & future generations, through reasonable legislative that do 3 things.

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19
Q

What are the 3 things reasonable legislative?

A

• Prevent pollution & ecological degradation.
• Promote conservation.
• Secure ecological sustainable development & natural resources use while promoting justifiable economic and social development.

20
Q

Main national Acts of Parliament?

A

• NEMA.

21
Q

NEMA aims? (3)

A

• Protects different aspects of environment.
• Promotes environmentally responsible & sustainable development.
• Adresses aspects & significance of environmental management.

22
Q

Other potentially relevant Acts pertaining to the Environment? (17)

A

• ECA.
• MLRA.
• MSA..
• NEMICMA.
• NEMAQA.
• NEMBA.
• NEMPAA.
• NEMWA.
• NHRA.
• NVFFA.
• NWA.
• SPCA.
• SAMASRA.
• SAMSAA.
• SAMSALA.
• SAWSA.
• WSA.

23
Q

ECA?

A

Environment Conservation Act.

24
Q

MSAA?

A

Merchant Shipping Administration Act.

25
Q

MLRA?

A

Marine Living Resources Act.

26
Q

MPA?

A

Marine Pollution Act.

27
Q

NEM: ICMA?

A

National Environment Management: Integrated Coastal Management Act.

28
Q

NEM: AQA?

A

National Environment Management: Air Quality Act.

29
Q

NEM: BA?

A

National Environment Management: Biodiversity Act.

30
Q

NEM: PAA?

A

National Environment Management: Protected Areas Act.

31
Q

NEM: WA?

A

National Environment Management: Waste Act.

32
Q

NHRA?

A

National Heritage Resources Act.

33
Q

NVFFA?

A

National Veld & Forest Fire Act.

34
Q

NWA?

A

National Water Act.

35
Q

SPCA?

A

Societies for the Prevention of Cruelty to Animals Act.

36
Q

SAMASRA?

A

South African Maritime & Aeronautical Search & Rescue Act.

37
Q

SAMSAA?

A

South African Maritime Safety Authority Act.

38
Q

SAMSALA?

A

South African Maritime Safety Authority Levies Act.

39
Q

SAWSA?

A

South African Weather Service Act.

40
Q

WSA?

A

Water Services Act.

41
Q

Potential relevant Acts pertaining to Health & Safety? (4)

A

• EA.
• HSA.
• MHSA.
• NRWDIA.

42
Q

EA?

A

Explosives Act.

43
Q

HSA?

A

Hazardous Substances Act.

44
Q

MHSA?

A

Mine Health & Safety Act.

45
Q

NRWDIA?

A

National Radioactive Waste Disposal Institute Act.

46
Q

Provincial legislation & local by-laws application? (2)

A

• Specific reasons.
• To protect against issues that authorities deem inadequately addressed in national legislation.

EEC2B (43 decks)

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