Section 41 of the MPRDA requires of mines to provide financial guarantees for the rehabilitation of mines. The contribution is revised annually. A mine must indicate that the guarantees are in place during the application for a mining permit or licences. A closure certificate will only be issued to a mine once all the requirements regarding rehabilitation are met. The polluter pays principle and the prevention principle lay the foundation for the financial provision regarding rehabilitation. The mine will be liable in the event that they do not prevent environmental degradation, pollution or damage. To avoid this liability the mine must rehabilitate properly to obtain a closure certificate. Financial guarantees can be provided for in different ways. In this dissertation trusts, closed cooperations and tax benefits involved are discussed. / Thesis (LL.M. (Environmental law))--North-West University, Potchefstroom Campus, 2013.

Section 41 of the MPRDA requires of mines to provide financial guarantees for the rehabilitation of mines. The contribution is revised annually. A mine must indicate that the guarantees are in place during the application for a mining permit or licences. A closure certificate will only be issued to a mine once all the requirements regarding rehabilitation are met. The polluter pays principle and the prevention principle lay the foundation for the financial provision regarding rehabilitation. The mine will be liable in the event that they do not prevent environmental degradation, pollution or damage. To avoid this liability the mine must rehabilitate properly to obtain a closure certificate. Financial guarantees can be provided for in different ways. In this dissertation trusts, closed cooperations and tax benefits involved are discussed. / Thesis (LL.M. (Environmental law))--North-West University, Potchefstroom Campus, 2013.

Gas exploration and production at sea and on land is a recent phenomenon in South Africa. The reason for the sudden interest in gas exploration and production on land is that it may prove to be a solution to the need for cleaner forms of energy and provides the possibility for South Africa to move away from coal-based energy. In order to achieve this transition while keeping economic development intact, South Africa is in need of a “greener” option. Gas is considered the most environmentally friendly fossil fuel and therefore provides South Africa with this much needed “greener” option. The uncertainty about the nature and extent of the environmental impacts regarding gas exploration and production suggests that an efficient and effective energy and environmental law and policy framework is still needed to regulate onshore and offshore gas exploration and production during all phases of its life cycle. It furthermore requires of the authorities that they establish and enhance environmental protection and sustainability during all gas exploration and production operations in order to ensure that the environmental impacts that may occur during such operations are addressed in a holistic and integrated manner. This study focuses on conventional gas. South Africa’s energy and environmental law and policy framework that regulates gas exploration does not cover the entire life cycle of onshore and offshore gas activities. It is of paramount importance that the current fragmentation in the country’s existing energy and environmental regulatory framework be addressed and that a sufficient environmental governance regime, as envisaged in this study, is established. This will enable the administering agents to actively promote and maintain the welfare of the people, the ecosystems, the essential ecological processes and the biodiversity of South Africa, while promoting the utilisation of living natural resources on a sustainable basis to the benefit of all South Africans, present and future, as pledged in the Constitution of the Republic of South Africa, 1996. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

Gas exploration and production at sea and on land is a recent phenomenon in South Africa. The reason for the sudden interest in gas exploration and production on land is that it may prove to be a solution to the need for cleaner forms of energy and provides the possibility for South Africa to move away from coal-based energy. In order to achieve this transition while keeping economic development intact, South Africa is in need of a “greener” option. Gas is considered the most environmentally friendly fossil fuel and therefore provides South Africa with this much needed “greener” option. The uncertainty about the nature and extent of the environmental impacts regarding gas exploration and production suggests that an efficient and effective energy and environmental law and policy framework is still needed to regulate onshore and offshore gas exploration and production during all phases of its life cycle. It furthermore requires of the authorities that they establish and enhance environmental protection and sustainability during all gas exploration and production operations in order to ensure that the environmental impacts that may occur during such operations are addressed in a holistic and integrated manner. This study focuses on conventional gas. South Africa’s energy and environmental law and policy framework that regulates gas exploration does not cover the entire life cycle of onshore and offshore gas activities. It is of paramount importance that the current fragmentation in the country’s existing energy and environmental regulatory framework be addressed and that a sufficient environmental governance regime, as envisaged in this study, is established. This will enable the administering agents to actively promote and maintain the welfare of the people, the ecosystems, the essential ecological processes and the biodiversity of South Africa, while promoting the utilisation of living natural resources on a sustainable basis to the benefit of all South Africans, present and future, as pledged in the Constitution of the Republic of South Africa, 1996. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

In South Africa thousands of unemployed people earn a living by recovering recyclable materials from the municipal stream, garbage bins and garbage dumps. In so doing their activities are also beneficial to the environment because raw materials and energy are saved and pollution is reduced. However, waste reclamation in South Africa seems not to be adequately regulated, supported nor formally recognised by authorities. This study aims to investigate the extent to which South African Environmental law enables and regulates waste reclamation, whether directly and/or indirectly, with a view to improving the regulatory policy and legislative framework pertaining to waste reclamation. In this regard the study considers key policy and legislation pertaining to waste management in South Africa. To this end the Minimum Requirementsfor Waste Disposal by Landfill as published by the then Department of Water Affairs and Forestry serve as a guideline for the formalisation and control of waste reclamation at landfills. However, there is a need to formulate regulations under NEM: WA to regulate waste reclamation inside and even outside landfills. Moreover, the Department of Water and Environmental Affairs also needs to formulate standard model waste reclamation by-laws which would be adapted by municipalities to suit local circumstances. The long term view of government is to phase out waste reclamation at landfills in favour of waste separation at source. In order to realise this objective it is important for government, especially at local level, to integrate waste reclaimers in the formal waste management programmes by virtue of their experience in recovery of recyclables from the waste stream, and these programmesmust be included in municipal IWMPs and IDPs for implementation. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

In South Africa thousands of unemployed people earn a living by recovering recyclable materials from the municipal stream, garbage bins and garbage dumps. In so doing their activities are also beneficial to the environment because raw materials and energy are saved and pollution is reduced. However, waste reclamation in South Africa seems not to be adequately regulated, supported nor formally recognised by authorities. This study aims to investigate the extent to which South African Environmental law enables and regulates waste reclamation, whether directly and/or indirectly, with a view to improving the regulatory policy and legislative framework pertaining to waste reclamation. In this regard the study considers key policy and legislation pertaining to waste management in South Africa. To this end the Minimum Requirementsfor Waste Disposal by Landfill as published by the then Department of Water Affairs and Forestry serve as a guideline for the formalisation and control of waste reclamation at landfills. However, there is a need to formulate regulations under NEM: WA to regulate waste reclamation inside and even outside landfills. Moreover, the Department of Water and Environmental Affairs also needs to formulate standard model waste reclamation by-laws which would be adapted by municipalities to suit local circumstances. The long term view of government is to phase out waste reclamation at landfills in favour of waste separation at source. In order to realise this objective it is important for government, especially at local level, to integrate waste reclaimers in the formal waste management programmes by virtue of their experience in recovery of recyclables from the waste stream, and these programmesmust be included in municipal IWMPs and IDPs for implementation. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

South Africa‟s current energy sector places undue reliance on fossil fuels to fulfil the country‟s energy requirements. The use of these non-renewable energy resources are unsustainable, as millions of tonnes of harmful emissions are released and estimates are made that these resources will be depleted within the next 100 years. Therefore the country has to source alternative energy resources. Renewable energy resources (for example solar energy) are considered to release little or no harmful by-products and have an infinite supply. Therefore the South African government has to promote the use of renewable energy as part of its commitments to address climate change and to ensure sustainable energy resources. Some of the most popular regulatory tools that a state uses to control human behaviour, is through command-and-control instruments and fiscal instruments. The latter promotes behavioural changes by rewarding desired behaviour which ultimately advances the user‟s own best interest. Because of the nature of renewable energy governance, energy users can not be forced or compelled through commandand- control instruments to use renewable energy. They should rather be encouraged or persuaded to use this form of energy through market-based instruments. This is also the central hypothesis of this dissertation. The purpose of this study is to determine the extent to which the South African legal regime makes provision to promote the use of renewable energy resources through fiscal instruments. Therefore the various energy-related white papers, policy papers and legislation will be analysed. This study found that South Africa‟s legal regime only partly makes provision to promote the use of renewable energy resources through fiscal instruments. The policy part of the legal regime is fairly well developed, but the statutory regime lacks detail and in its current form, environmental/energyrelated legislation does not fully correspond with the lofty objectives of the policy framework. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2015

South Africa‟s current energy sector places undue reliance on fossil fuels to fulfil the country‟s energy requirements. The use of these non-renewable energy resources are unsustainable, as millions of tonnes of harmful emissions are released and estimates are made that these resources will be depleted within the next 100 years. Therefore the country has to source alternative energy resources. Renewable energy resources (for example solar energy) are considered to release little or no harmful by-products and have an infinite supply. Therefore the South African government has to promote the use of renewable energy as part of its commitments to address climate change and to ensure sustainable energy resources. Some of the most popular regulatory tools that a state uses to control human behaviour, is through command-and-control instruments and fiscal instruments. The latter promotes behavioural changes by rewarding desired behaviour which ultimately advances the user‟s own best interest. Because of the nature of renewable energy governance, energy users can not be forced or compelled through commandand- control instruments to use renewable energy. They should rather be encouraged or persuaded to use this form of energy through market-based instruments. This is also the central hypothesis of this dissertation. The purpose of this study is to determine the extent to which the South African legal regime makes provision to promote the use of renewable energy resources through fiscal instruments. Therefore the various energy-related white papers, policy papers and legislation will be analysed. This study found that South Africa‟s legal regime only partly makes provision to promote the use of renewable energy resources through fiscal instruments. The policy part of the legal regime is fairly well developed, but the statutory regime lacks detail and in its current form, environmental/energyrelated legislation does not fully correspond with the lofty objectives of the policy framework. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2015