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Misplacing nema? A consideration of some problematic aspects of South Africa's new EIA regulations

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dc.contributor.author Ridl, J
dc.contributor.author Couzens, E
dc.date.accessioned 2011-04-01T10:28:13Z
dc.date.available 2011-04-01T10:28:13Z
dc.date.issued 2010
dc.identifier.citation Ridl, J. & Couzens, E. 2010. Misplacing nema? A consideration of some problematic aspects of South Africa's new EIA regulations. Potchefstroom electronic law journal (PELJ) = Potchefstroomse elektroniese regsblad (PER), 13(5):80-120 [http://www.nwu.ac.za/p-per/index.html] en
dc.identifier.issn 1727-3781
dc.identifier.uri http://hdl.handle.net/10394/4073
dc.description.abstract In mid-2006, new Regulations governing environmental impact assessment were published in terms of the National Environmental Management Act 107 of 1998. It is argued in this article that the old Regulations under the Environment Conservation Act 73 of 1989, which were replaced, had proved inadequate not because of any inherent deficiency, but because they were never properly implemented and because they were instead subjected to much inaccurate criticism. The article then canvasses the old Regulations and considers criticisms thereof, before canvassing the new Regulations and assessing differences between the old and the new. Various specific concerns and potential shortcomings are raised and considered; and various interpretations are offered of problematic provisions. A prognosis for the success and/or failure of the new Regulations is then put forward in the context of the South African government's present approach to economic growth, environmental protection and the enforcement of environmental legislation. Finally, it is argued that there are danger signs that the new Regulations will be as misunderstood and misapplied as were the old Regulations and that the fundamental principles of the National Environmental Management Act are likely not to be adhered to in the implementation of the new Regulations. en
dc.language.iso en en
dc.publisher North-West University (Potchefstroom Campus), Faculty of Law en
dc.subject Assessment en
dc.subject Authorisation en
dc.subject Environment en
dc.subject Environmental Impact Assessment en
dc.subject Minister of environmental affairs and tourism en
dc.subject Minister of environmental affairs and tourism affairs en
dc.subject National Environmental Management Act 107 of 1998 en
dc.subject Environment Conservation Act 73 of 1989 en
dc.subject Procedure en
dc.subject Environmental impact assessment regulations en
dc.subject Sustainable development en
dc.subject Environmental protection en
dc.title Misplacing nema? A consideration of some problematic aspects of South Africa's new EIA regulations en
dc.type Article en


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