The accepted scientific opinion is that anthropogenic activities and correlated greenhouse gases are the main cause of climate change, with carbon dioxide releases from fossil fuels being one of the main culprits. In South Africa, the main sources of energy have always been coal and other fossil fuels. Society and the economy alike are heavily reliant on energy consumption. In light of the above, it is clear that drastic steps need to be taken to "clean up" the nation's energy sector and usage patterns. There is an international tendency towards a so-called "green economy," which finds the relation between economic development, social upliftment and conservation of the natural environment. A green economy relies less on carbon inputs, and utilises resources efficiently, whilst taking a "socially inclusive" approach. It therefore makes sense to draw on renewable natural resources in greening the economy. Some of the advantages of renewable energy are that they result in limited or no emissions, the creation of sustainable jobs, improved health of consumers and enhanced energy security. A shift to a green economy cannot take place in a vacuum. The laws and policies regulating the various sectors of the environment; energy generation, distribution and use; investment opportunities and economic factors must stimulate and drive this move, and must create an optimal atmosphere to this end. This study determines how suitable the current South African legal framework is for a shift towards a green economy based on renewable energy, and whether it can successfully catalyse and drive such a shift. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

The accepted scientific opinion is that anthropogenic activities and correlated greenhouse gases are the main cause of climate change, with carbon dioxide releases from fossil fuels being one of the main culprits. In South Africa, the main sources of energy have always been coal and other fossil fuels. Society and the economy alike are heavily reliant on energy consumption. In light of the above, it is clear that drastic steps need to be taken to "clean up" the nation's energy sector and usage patterns. There is an international tendency towards a so-called "green economy," which finds the relation between economic development, social upliftment and conservation of the natural environment. A green economy relies less on carbon inputs, and utilises resources efficiently, whilst taking a "socially inclusive" approach. It therefore makes sense to draw on renewable natural resources in greening the economy. Some of the advantages of renewable energy are that they result in limited or no emissions, the creation of sustainable jobs, improved health of consumers and enhanced energy security. A shift to a green economy cannot take place in a vacuum. The laws and policies regulating the various sectors of the environment; energy generation, distribution and use; investment opportunities and economic factors must stimulate and drive this move, and must create an optimal atmosphere to this end. This study determines how suitable the current South African legal framework is for a shift towards a green economy based on renewable energy, and whether it can successfully catalyse and drive such a shift. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

South Africa and the rest of the world currently face an exacerbating threat of environmental degradation, which can be partly ascribed to the fact that some parts of society still place economic growth as a priority over environmental conservation. This study shows that such an approach is only profitable over the short term and actually causes more harm than good. On the other hand, the world is still recovering from the major 2008 global financial crisis. To tip the scale back into balance, it is crucial that economic -, social -, and environmental development be sustainable; from now and into the future. This study recognises that, to achieve sustainable development at all three levels, a transition to a green economy is needed. In essence a green economy requires investment in the environment for the benefit of both society and the economy. This study then goes on to show that ecotourism can be used as a manner to invest in the environment, whilst at the same time uplifting society and improving the economy. Subsequently it is identified as a key driver of a green economy. However, a daunting reality is that ecotourism developments and - activities also threaten the environment. This study therefore argues that ecotourism has to be regulated effectively; otherwise it will not live up to its purpose and may, as a result, curtail South Africa’s efforts of a transition to a green economy, instead of positively contributing to it. This study asks the question: Does South Africa’s environmental legislation provide for the effective regulation of ecotourism? This question is answered by considering whether various relevant pieces of national environmental legislation measure up to certain criteria that is inherent to the effective regulation of ecotourism. Finally this study serves to show that; from an environmental law perspective, and to the extent that this study investigated the ecotourism environment, ecotourism as a phenomenon is regulated effectively in South Africa. However, it appears that there still remains tremendous scope for improvement. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

South Africa and the rest of the world currently face an exacerbating threat of environmental degradation, which can be partly ascribed to the fact that some parts of society still place economic growth as a priority over environmental conservation. This study shows that such an approach is only profitable over the short term and actually causes more harm than good. On the other hand, the world is still recovering from the major 2008 global financial crisis. To tip the scale back into balance, it is crucial that economic -, social -, and environmental development be sustainable; from now and into the future. This study recognises that, to achieve sustainable development at all three levels, a transition to a green economy is needed. In essence a green economy requires investment in the environment for the benefit of both society and the economy. This study then goes on to show that ecotourism can be used as a manner to invest in the environment, whilst at the same time uplifting society and improving the economy. Subsequently it is identified as a key driver of a green economy. However, a daunting reality is that ecotourism developments and - activities also threaten the environment. This study therefore argues that ecotourism has to be regulated effectively; otherwise it will not live up to its purpose and may, as a result, curtail South Africa’s efforts of a transition to a green economy, instead of positively contributing to it. This study asks the question: Does South Africa’s environmental legislation provide for the effective regulation of ecotourism? This question is answered by considering whether various relevant pieces of national environmental legislation measure up to certain criteria that is inherent to the effective regulation of ecotourism. Finally this study serves to show that; from an environmental law perspective, and to the extent that this study investigated the ecotourism environment, ecotourism as a phenomenon is regulated effectively in South Africa. However, it appears that there still remains tremendous scope for improvement. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

In the environmental context banks face direct, indirect and reputational risks from their internal operations and their external business activities. The current specific focus on the protection of the environment makes it essential for banks and their directors to be aware and stay on top of potential risks and liabilities. This is especially so because banks’ directors can be criminally prosecuted for environmental crimes. The application and effect of the Prevention of Organised Crime Act 121 of 1998 (POCA) on persons convicted of an environmental crime or crimes has been identified as a possible new or added risk for banks and their directors. Banks in addition to their normal environmental risk and liabilities also need to contend with the possibility of lender liability. Existing legislation pertinent to lender liability does not expressly or specifically deal with lender liability. Absence of judgements on lender liability further exacerbates the risks and the uncertainty for banks in South Africa. Therefore, banks remain subject to legal uncertainty and associated risks. The issue of lender liability specifically with regard to the implication of “the person in control” requires clarification. Hence, it is recommended that legislation relevant to lender liability (National Environmental Management Act 107 of 1998; National Water Act 36 of 1998 and the National Environmental Management: Waste Act 59 of 2008) be revised to specifically accommodate and protect lenders (lending banks) in certain distinct circumstances. The role of banks is that of an intermediary between borrowers and lenders of money. Therefore, it influences the direction and pace of economic development and by default steers and promotes either sustainable or non-sustainable development. Currently, mainstream banks are in effect financing a brown economy and hence subscribe to a weak form of sustainability. It would seem that mainstream banks are more concerned with managing the impact that environmental risk may have on bank lending than the impact of bank lending on the environment. The evolving nature of sustainability (from weak to strong and from a brown to green economy) demands a fundamental policy change for banks. It is expected that mainstream banks will be put under even greater pressure than before to make the transition from weak to strong sustainability. Hence, banks’ current environmental risk management systems will not be sufficient to cater for new environmental risks and liabilities that the move to stronger sustainability (in the form of the green economy) will present. Banks should adopt the stronger version of sustainability; formulate environmental principles that the bank will adhere to; incorporate these environmental principles into all aspects of its lending cycle, develop an environmental risk management system that should include as a minimum the identification of all the applicable legislation pertaining to the specific financing or lending of capital, risk identification, assessment of the specific risk, implementation of risk control measures, mitigation of the risk, risk monitoring and auditing. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

In the environmental context banks face direct, indirect and reputational risks from their internal operations and their external business activities. The current specific focus on the protection of the environment makes it essential for banks and their directors to be aware and stay on top of potential risks and liabilities. This is especially so because banks’ directors can be criminally prosecuted for environmental crimes. The application and effect of the Prevention of Organised Crime Act 121 of 1998 (POCA) on persons convicted of an environmental crime or crimes has been identified as a possible new or added risk for banks and their directors. Banks in addition to their normal environmental risk and liabilities also need to contend with the possibility of lender liability. Existing legislation pertinent to lender liability does not expressly or specifically deal with lender liability. Absence of judgements on lender liability further exacerbates the risks and the uncertainty for banks in South Africa. Therefore, banks remain subject to legal uncertainty and associated risks. The issue of lender liability specifically with regard to the implication of “the person in control” requires clarification. Hence, it is recommended that legislation relevant to lender liability (National Environmental Management Act 107 of 1998; National Water Act 36 of 1998 and the National Environmental Management: Waste Act 59 of 2008) be revised to specifically accommodate and protect lenders (lending banks) in certain distinct circumstances. The role of banks is that of an intermediary between borrowers and lenders of money. Therefore, it influences the direction and pace of economic development and by default steers and promotes either sustainable or non-sustainable development. Currently, mainstream banks are in effect financing a brown economy and hence subscribe to a weak form of sustainability. It would seem that mainstream banks are more concerned with managing the impact that environmental risk may have on bank lending than the impact of bank lending on the environment. The evolving nature of sustainability (from weak to strong and from a brown to green economy) demands a fundamental policy change for banks. It is expected that mainstream banks will be put under even greater pressure than before to make the transition from weak to strong sustainability. Hence, banks’ current environmental risk management systems will not be sufficient to cater for new environmental risks and liabilities that the move to stronger sustainability (in the form of the green economy) will present. Banks should adopt the stronger version of sustainability; formulate environmental principles that the bank will adhere to; incorporate these environmental principles into all aspects of its lending cycle, develop an environmental risk management system that should include as a minimum the identification of all the applicable legislation pertaining to the specific financing or lending of capital, risk identification, assessment of the specific risk, implementation of risk control measures, mitigation of the risk, risk monitoring and auditing. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014