Environmental Management

The Environment is one of mankind’s greatest assets and requires careful consideration and protection for present and future generations.  Unrestrained development is damaging to the environment and the destruction of the environment is detrimental to development.  As such a fine balance is to be found to achieve sustainable development, i.e. development that manages the interaction between the need for environmental protection and the real need for progress and development with all its associated benefits.

Section 24 of the Constitution specifies that:

Everyone has the right –

1. To an environment that is not harmful to their health or well-being; and
2. To have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that –
   • Prevent pollution and ecological degradation;
   • Promote conservation; and
   • Secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

Sustainable development, as specified in the National Environmental Management Act (NEMA) requires the consideration of all relevant factors including that the following factors be avoided and where they cannot be avoided be minimised and remedied:

• Disturbance of ecosystems and loss of biological diversity.
• Pollution and degradation of the environment.
• Disturbance of landscapes and sites that constitute the nations cultural heritage.
• Waste.
• Negative impacts on the environment and on people’s environmental rights be anticipated and prevented.

Additionally the use and exploitation of non-renewable natural resources is to be responsible and equitable, the use and exploitation of renewable resources and the ecosystems of which they form part are not to be jeopardised and that a risk-averse and cautious approach is applied in all environmental actions and decisions.

The Environmental Management component of the Land Use Management Division aims to provide due environmental consideration for development proposals through guidance from the relevant environmental legislation, including but not limited to:

• National Environmental Management Act, 1998, Act 107 of  1998 (NEMA)
• National Environmental Management:  Integrated Coastal Management Act, 2008, Act 24 of 2008 (NEM:ICMA)
• Outeniqua Sensitive Coastal Area Extension Regulations, R1528, 1998 (OSCAER)
• National Environmental Management:  Air Quality Act, 2004, Act 39 of 2004 (NEM:AQA)
• National Environmental Management:  Protected Areas Act, 2003, Act 57 of 2003 (NEM:PA)
• National Environmental Management:  Biodiversity Act, 2004, Act 10 of 2004 (NEM:BA)
• National Environmental Management:  Waste Act, 2008, Act 59 of 2008 (NEM:WA)
• National Heritage Resources Act, 1999, Act 25 of 1999 (NHRA)