This thesis contends that; in mainstream rural residential development around the Australian Capital Territory, use of community title guidelines for sub-division should consider social processes and environmental considerations along-side economic imperatives and interactions. Community title is a form of land tenure that allows for private freehold ownership of land as well as community owned land within the one sub-division. In New South Wales, community title was introduced in 1990 under the Community Land Development Act 1989 (NSW) and the Community Land Management Act 1989 (NSW). Since the introduction of community title, upwards of one hundred and fifty developments, ranging from just a few blocks to the size of small suburbs, have been approved throughout the state. The original aim of community title was to provide a legal framework that underpinned theme-based broad-acre development. Themebased development could include a Permaculture© village, a rural retreat for likeminded equine enthusiasts, or even a medieval village. Community title is also seen as an expedient form of land tenure for both developers and shire councils. Under community title, a developer only has to submit a single development application for a multi-stage development. This can significantly reduce a developer's exposure to risk. From a shire council's perspective, common land and resources within a development, which would otherwise revert to council responsibility for management, becomes the collective responsibility of all the land owners within the development, effectively obviating council from any responsibility for management of that land. Community title is also being touted in planning and policy as a way of achieving 'sustainable' environmental management in new subdivisions. The apparent expediency of community title has meant that development under these guidelines has very quickly moved beyond theme-based development into mainstream rural residential development. Community title effectively provides a framework for participatory governance of these developments. The rules governing a community title development are set out in the management statement, which is submitted to the local council and the state government with the development application. A community association, which includes all lot owners, manages the development. Unless written into the original development application, the council has no role in the management of the common land and resources. This thesis looks at the peri-urban zone around one of Australia's fastest growing cities - Canberra, whose population growth and relative affluence is impacting on rural residential activity in the shires surrounding the Australian Capital Territory. Yarrowlumla Shire, immediately adjacent to the ACT, has experienced a 362 percent increase in population since 1971. Much of this growth has been in the form of rural residential or hobby farm development. Since 1990, about fifteen percent of the development in Yarrowlumla Shire has been community title. The Yass Shire, to the north of the ACT, has shown a forty five percent population increase since 1971. Community title in that shire has accounted for over fifty percent of development since 1990. The thesis case study is set in Yass Shire. The major research question addressed in the thesis is; does community title, within the context of rural residential development around the Australian Capital Territory, facilitate community-based environmental management and education? Subsidiary questions are; what are the issues in and around rural residential developments within the context of the study, who are the stakeholders and what role do they play and; what skills and support are required to facilitate community-based environmental management and education within the context of the study area? To answer the research questions I undertook an interpretive case study, using ethnographic methods, of rural residential development near the village of Murrumbateman in the Yass Shire, thirty kilometres north of Canberra. At the time of the study, which was undertaken in 1996, the developments involved had been established for about four years. The case study revealed that, as a result of stakeholders and residents not being prepared for the management implications of community title, un-necessary conflict was created between residents and between residents and stakeholders. Community-based environmental management issues were not considered until these issues of conflict were addressed and residents had spent enough time in the estates to familiarise themselves with their environment and with each other. Once residents realised that decisions made by the community association could affect them, there developed a desire to participate in the process of management. Eventually, earlier obstacles were overcome and a sense of community began to develop through involvement in the community association. As residents became more involved, the benefits of having ownership of the community association began to emerge. However, this research found that management of a broad acre rural residential development under community title was far more complicated than any of the stakeholders, or any but the most legally minded residents, were prepared for.

Since the 1970s there has been a growing interest in, and utilisation of, Alternative Dispute Resolution (ADR) techniques to resolve environmental conflicts in western societies. ADR was incorporated into one of New Zealand's main environmental statutes, the Resource Management Act 1991(RMA). Under s.268 of the RMA the Environment Court (the Court) may, if the parties agree, conduct mediation in order to facilitate settlement of resource management disputes. The RMA, which has now been in operation for ten years, gives no guidance as to the way in which mediation is to be conducted. The Court has developed procedures and processes for administering and conducting mediation. This study critically evaluates the practice of Court assisted mediation of environmental disputes under the RMA. A literature review and interviews with stakeholder groups are used in this evaluation. The study shows that mediation generates benefits for the Court and participants. It also identifies limitations with the current mediation procedures and processes. These may impact the effectiveness of participants in mediation, their satisfaction with, and support for, the mediated settlement and with the environmental outcomes. The study recommends a series of guidelines be prepared on the functions and administrative procedures of the Court and on the mediation process promoted by the Court. Further research is also recommended. It is considered that these recommendations, if implemented, will enhance the process for participants, ensure more equitable and consistent environmental outcomes, in terms of present and future generations, and retain public confidence in the mediation process.

Magister Legum - LLM

Since 1994 fundamental transformation has taken place in South Africa in terms of disaster risk management. The transformation process gave rise to the promulgation of the Disaster Management Act (57/2002) that heralded a new era for disaster risk management in South Africa. Consequently the National Disaster Management Framework, published in 2005, set clear guidelines for the implementing of the mentioned act. The National Disaster Management Framework emphasises the importance of the integration and coordination of disaster risk management activities in all spheres of government. Die Disaster Management Act (57/2002) calls for the establishment or certain disaster risk management structures like interdepartmental commitees, disaster management centers, disaster management frameworks, and disaster management advisory forums. Furthermore the National Disaster Management Framework sets certain guidelines in compliance with the Disaster Management Act (57/2002). Municipalities in South Africa have had time since the promulgation of the act in 2003 to get all the mentioned structures in place. This study tried to deretmine the degree in which municipalities complied with the requirements of the Disaster Management Act (57/2002). The municipalities were handles per procvince and the research is based on a 20% representative sample of all the municipalities in South Africa. A mixed method of research was followed. That means that qualitative (telephonic and semi-structured interviews) and quantitative (questionnaires with Likert scale questions) research was used. The result of this research is that there are big failings in terms of the implementing of the Disaster Management Act (57/2002) across the country. In certain provinces the situation is better than in others, but of none of the provinces it can be said that they comply with all the recuirements of the act. / M. Development and Management, North-West University, Potchefstroom Campus, 2013

Since 1994 fundamental transformation has taken place in South Africa in terms of disaster risk management. The transformation process gave rise to the promulgation of the Disaster Management Act (57/2002) that heralded a new era for disaster risk management in South Africa. Consequently the National Disaster Management Framework, published in 2005, set clear guidelines for the implementing of the mentioned act. The National Disaster Management Framework emphasises the importance of the integration and coordination of disaster risk management activities in all spheres of government. Die Disaster Management Act (57/2002) calls for the establishment or certain disaster risk management structures like interdepartmental commitees, disaster management centers, disaster management frameworks, and disaster management advisory forums. Furthermore the National Disaster Management Framework sets certain guidelines in compliance with the Disaster Management Act (57/2002). Municipalities in South Africa have had time since the promulgation of the act in 2003 to get all the mentioned structures in place. This study tried to deretmine the degree in which municipalities complied with the requirements of the Disaster Management Act (57/2002). The municipalities were handles per procvince and the research is based on a 20% representative sample of all the municipalities in South Africa. A mixed method of research was followed. That means that qualitative (telephonic and semi-structured interviews) and quantitative (questionnaires with Likert scale questions) research was used. The result of this research is that there are big failings in terms of the implementing of the Disaster Management Act (57/2002) across the country. In certain provinces the situation is better than in others, but of none of the provinces it can be said that they comply with all the recuirements of the act. / M. Development and Management, North-West University, Potchefstroom Campus, 2013

Although disaster risk reduction is still not considered a priority by many countries and organisations, there is significant progress made towards the reduction of disaster risk. The experience of the International Decade for Natural Disaster Reduction (IDNDR, 1990–1999) prompted a major conceptual shift from disaster response to disaster reduction underscoring the crucial role of human action (UNISDR, 2001:03). This circumstance led to the adoption of an International Strategy for Disaster Risk Reduction (ISDR) in 1999 by the participants of the IDNDR Programme Forum. The adoption gave emphasis to the importance of a global strategy that encourages and facilitates concerted action to reduce risk and vulnerability to natural and related technological and environmental hazards. This research then focuses on the disaster risk reduction phenomenon and major or international initiatives and forums aimed at improving or raising the disaster risk reduction profile. It also focuses on disaster risk management in the South African context. In recent years, disaster risk reduction has grown in importance on the international agenda. This followed the prevalence of natural hazards such as floods, drought, earthquakes, tsunamis, as well as epidemics, which have had an increasing impact on humans, due to population growth, urbanization, rising poverty and the onset of global environmental changes. Aspects of environmental change include climate change, land degradation and deforestation. Practitioners and researchers widely acknowledge that poor planning, poverty and a range of other underlying factors create conditions of vulnerability that result in insufficient capacity or measures to reduce hazards‘ potentially negative consequences (IISD/UN/ISDR, 2007:01). It is in this light that in 2005 many governments around the world committed themselves to take action to reduce disaster risk, and thereby adopted a guiding document to reduce vulnerabilities to natural hazards, called the Hyogo Framework for Action (HFA). The HFA was adopted in January 2005 at the World Conference on Disaster Reduction, in Kobe Hyogo, Japan by 168 States. The aim of the HFA is to assist the efforts of nations and communities to become more resilient to, and cope better, with the hazards that threaten their development gains with the overriding goal of achieving a substantial reduction in global disaster risk. It also emphasizes that disaster risk reduction is a central issue for development policies, in addition to being of interest to various science, humanitarian and environmental fields. To help attain the expected outcome, the HFA identified five specific priorities for action (PFAs) which are: (i) making disaster risk reduction a priority; (ii) improving risk information and early warning; (iii) building a culture of safety and resilience; (iv) reducing the risks in key sectors; and (v) strengthening preparedness for response. The Global Network of Civil Society Organisation for Disaster Risk Reduction (GNDR) which was launched in 2007 in Geneva, is a major international network of civil society organisations working to influence and implement disaster risk reduction policies and practice around the world. The major programme of the global network is to collect perspective for the local level as to how the HFA is progressing. The Views from the Frontline (VFL) is the first independent assessment project undertaken towards the implementation of the HFA at the local level and is led by the Global Network. The aim of this project is to measure the gap between policy formulation at international level with the realities of policy execution at local level and to deepen the communication and coordination between different stakeholders on disaster risk reduction by involving government organisation and communities at the local level. The VFL perspective is that nationally formulated policies are not generating widespread systematic changes in local practices. There is a concern that the current approach is top–down and engages minimally with affected communities and fails to address their needs and capacities (GNDR, 2008:01). The main objective of this research was to provide an overview of progress made in the implementation of the HFA at local level particularly in the Kabokweni Location. The approach adopted in this study is called 'the Views from the Frontline', and explores the extent of the actual progress made toward the implementation and impact of the HFA priorities at local level, namely the Kabokweni community in the Mbombela Local Municipality (MLM) situated in the Mpumalanga Province of South Africa. / Thesis (M. Development and management)--North-West University, Potchefstroom Campus, 2011.

Although disaster risk reduction is still not considered a priority by many countries and organisations, there is significant progress made towards the reduction of disaster risk. The experience of the International Decade for Natural Disaster Reduction (IDNDR, 1990–1999) prompted a major conceptual shift from disaster response to disaster reduction underscoring the crucial role of human action (UNISDR, 2001:03). This circumstance led to the adoption of an International Strategy for Disaster Risk Reduction (ISDR) in 1999 by the participants of the IDNDR Programme Forum. The adoption gave emphasis to the importance of a global strategy that encourages and facilitates concerted action to reduce risk and vulnerability to natural and related technological and environmental hazards. This research then focuses on the disaster risk reduction phenomenon and major or international initiatives and forums aimed at improving or raising the disaster risk reduction profile. It also focuses on disaster risk management in the South African context. In recent years, disaster risk reduction has grown in importance on the international agenda. This followed the prevalence of natural hazards such as floods, drought, earthquakes, tsunamis, as well as epidemics, which have had an increasing impact on humans, due to population growth, urbanization, rising poverty and the onset of global environmental changes. Aspects of environmental change include climate change, land degradation and deforestation. Practitioners and researchers widely acknowledge that poor planning, poverty and a range of other underlying factors create conditions of vulnerability that result in insufficient capacity or measures to reduce hazards‘ potentially negative consequences (IISD/UN/ISDR, 2007:01). It is in this light that in 2005 many governments around the world committed themselves to take action to reduce disaster risk, and thereby adopted a guiding document to reduce vulnerabilities to natural hazards, called the Hyogo Framework for Action (HFA). The HFA was adopted in January 2005 at the World Conference on Disaster Reduction, in Kobe Hyogo, Japan by 168 States. The aim of the HFA is to assist the efforts of nations and communities to become more resilient to, and cope better, with the hazards that threaten their development gains with the overriding goal of achieving a substantial reduction in global disaster risk. It also emphasizes that disaster risk reduction is a central issue for development policies, in addition to being of interest to various science, humanitarian and environmental fields. To help attain the expected outcome, the HFA identified five specific priorities for action (PFAs) which are: (i) making disaster risk reduction a priority; (ii) improving risk information and early warning; (iii) building a culture of safety and resilience; (iv) reducing the risks in key sectors; and (v) strengthening preparedness for response. The Global Network of Civil Society Organisation for Disaster Risk Reduction (GNDR) which was launched in 2007 in Geneva, is a major international network of civil society organisations working to influence and implement disaster risk reduction policies and practice around the world. The major programme of the global network is to collect perspective for the local level as to how the HFA is progressing. The Views from the Frontline (VFL) is the first independent assessment project undertaken towards the implementation of the HFA at the local level and is led by the Global Network. The aim of this project is to measure the gap between policy formulation at international level with the realities of policy execution at local level and to deepen the communication and coordination between different stakeholders on disaster risk reduction by involving government organisation and communities at the local level. The VFL perspective is that nationally formulated policies are not generating widespread systematic changes in local practices. There is a concern that the current approach is top–down and engages minimally with affected communities and fails to address their needs and capacities (GNDR, 2008:01). The main objective of this research was to provide an overview of progress made in the implementation of the HFA at local level particularly in the Kabokweni Location. The approach adopted in this study is called 'the Views from the Frontline', and explores the extent of the actual progress made toward the implementation and impact of the HFA priorities at local level, namely the Kabokweni community in the Mbombela Local Municipality (MLM) situated in the Mpumalanga Province of South Africa. / Thesis (M. Development and management)--North-West University, Potchefstroom Campus, 2011.

The late 1960s witnessed an unprecedented interest in the environment. One of the intellectual characteristics of this period was the rise of ecocentrism, a form of ecological reasoning that challenged the domination of anthropocentric environmental thinking and practice. The thesis briefly reviews the evolution of ecological forms of reason, and then poses two questions. The first question asks: "What is ecological reason and how does the literature conceptualise it?" This leads to a theoretical analysis of the forms of ecological reason discernable in the literature, and results in a 'matrix of ecological reason'. The three primary forms of ecological reason are described as 'Technocentric Ecology', 'Discursive Ecology' and 'Eco-social Ecology'. They differ in respect to different dimensions of ecological reason, the forms of communication employed (drawing here on Habermas), and the level of commitment to anthropocentrism or ecocentrism. This 'matrix' highlights the contested nature of ecological reason in the literature, and demonstrates that there is, yet, no clear agreement on what it means, or should mean. The second question examines the ecological rationality of environmental practice. The 'matrix' is employed in three case studies of environmental decisions that take place under the New Zealand Resource Management Act (RMA), and investigates the forms of ecological reason expressed in these decision processes. The results of this analysis show that Eco-social Ecology barely registers in these case studies, while the other two forms of ecological reason. Technocentric Ecology and Discursive Ecology are both highly visible in the rationality of the RMA, but with two important qualifiers. First, although there is a commitment to Discursive Ecology on the part of many professionals, there is also much concern that this form of reason undermines quality environmental decisions. Thus, there is significant ambiguity as to the role of the community (an important dimension of Discursive Ecology). This leads to the second qualifier. There is an uneasy relationship between these two forms of reason, at both the theoretical and practice level. This tension underpins the competing visions of the RMA as a scientifically driven process and as a community process. This thesis argues that this tension does not provide for a secure marriage of these two visions.

Since the 1970s there has been a growing interest in, and utilisation of, Alternative Dispute Resolution (ADR) techniques to resolve environmental conflicts in western societies. ADR was incorporated into one of New Zealand's main environmental statutes, the Resource Management Act 1991(RMA). Under s.268 of the RMA the Environment Court (the Court) may, if the parties agree, conduct mediation in order to facilitate settlement of resource management disputes. The RMA, which has now been in operation for ten years, gives no guidance as to the way in which mediation is to be conducted. The Court has developed procedures and processes for administering and conducting mediation. This study critically evaluates the practice of Court assisted mediation of environmental disputes under the RMA. A literature review and interviews with stakeholder groups are used in this evaluation. The study shows that mediation generates benefits for the Court and participants. It also identifies limitations with the current mediation procedures and processes. These may impact the effectiveness of participants in mediation, their satisfaction with, and support for, the mediated settlement and with the environmental outcomes. The study recommends a series of guidelines be prepared on the functions and administrative procedures of the Court and on the mediation process promoted by the Court. Further research is also recommended. It is considered that these recommendations, if implemented, will enhance the process for participants, ensure more equitable and consistent environmental outcomes, in terms of present and future generations, and retain public confidence in the mediation process.

Magister Legum - LLM / This study provides an overview of the development of environmental assessment legislation in South Africa since the advent of democracy and critically assesses whether an effective regulatory system is in place. Where necessary and appropriate, the study may include aspects of foreign and international law. This study also aims to provide an overview of the law as it stands by highlighting both the good and bad elements of the law in relation to EIAs and IEMs. It is furthermore aimed at exposing potential grey areas in the law and proposing possible recommendations for improvement