The need for public participation in the development of policies, programmes or actions has been widely accepted by both government and private sectors because of the benefits of such involvement. Involving the public in the development of any policy, programme or action is, however, a daunting task. Public involvement in the development of a policy or action often leads to protest, legal litigation, criticism and delay in carrying out the project. The main objectives of this research are to examine the process of public participation in the Gautrain project and to interrogate how public involvement in the decision-making processes of environmental concerns can be improved. A quantitative study was conducted to describe and explore the process of public participation in the Gautrain environmental impact assessment procedure. The purposive sampling method was used. Thereafter, the data generated was analysed using statistical tools such as charts, tables and the Wilcoxon Mann Whitney U test to examine the similarities and differences in the response patterns of the public and the project proponent. Cronbach alpha statistical methodology was also used to test the reliability of the measurement. The findings are discussed in relation to the objectives of the study and research hypotheses. The results indicate that (1) the public were not involved early enough during the project planning and design phases; (2) adequate information was not provided to the public; and (3) public input does not have much impact on decisionmaking processes. The study does, however, indicate that the process has enhanced the participants’ learning and that the process of participation has improved in recent time as compared to the 2002-2003 periods. The study concludes by providing relevant solutions and recommendations. / Environmental Sciences / M. Sc. (Environmental Management)

The environmental governance sphere in South Africa is fragmented. This fragmentation is exacerbated in the provinces. Fragmentation manifests in various ways, including, inter alia, structural fragmentation between the various spheres and line functions of government, fragmented environmental legislation which is silo-based and issue-specific, jurisdictional overlaps, and duplication of procedures and processes. Fragmentation poses several disadvantages and may ultimately hamper effective and sustainable service-delivery by government. The problem of fragmentation forms the crux of this study. The principal objective of this thesis is accordingly to investigate possible solutions to address fragmentation and to propose a more sustainable strategy to achieve integration of currently fragmented environmental governance efforts in South Africa and the North-West Province (NWP). The NWP has specifically been chosen as a case study in this regard since problems of fragmentation are exacerbated in the provinces. The first step in this thesis is to analyse the theoretical concept of sustainability in order to establish the eventual objective of what integrated environmental governance efforts should achieve. The concept of fragmented governance and possible generic reasons for fragmentation, including unco-operative and unsustainable organisational behaviour, are also investigated to highlight the nature and disadvantages of fragmentation and other factors that may contribute to it. A further component of the theoretical analysis includes an investigation of the concepts of integrated, or holistic governance, and an investigation of the concepts integrated environmental management (IEM), co-operative environmental governance (CEG), and integrated pollution prevention and control (IPPC). These concepts are investigated in order to ascertain the possible solutions for integration that they may pose. Secondly, this thesis investigates the current state of the fragmented environmental governance regime in South Africa and the NWP. The extent and reasons for fragmentation are discussed; and unco-operative organisational behaviour patterns in the national, provincial and local spheres of government are investigated. The concepts of IEM, CEG and IPPC, as they are established in South African law, are also discussed. Thirdly, this study investigates integrated approaches to environmental governance in the international sphere by way of a comparative study. For this purpose, the relevant provisions of the European Integrated Pollution Prevention and Control Directive, 1996 are discussed. The comparative study is concluded with an investigation of the provisions of the Directive as they are applied in national legal frameworks in the EU, with specific reference to Finland and the Netherlands. The main objective of this part of the study is to ascertain whether established solutions for integration of governance efforts are available in practice, and if so, to what extent they are employed to address fragmentation. This study concludes with recommendations on how the fragmented environmental governance sphere in South Africa may be integrated. These include short-, medium-and long-term scenarios, namely: a less radical strategy which must aim to optimise the current environmental governance regime by employing established concepts such as IEM, CEG and IPPC; a more radical strategy, which aims to establish a single act to regulate all procedural aspects relating to environmental governance and authorisations, and a single authority that is responsible for all procedural aspects in terms of the act; and an extremely radical strategy, which aims to establish a one-stop environmental governance shop, with a single act regulating all procedural and substantive aspects, and a single lead agent responsible for regulation in terms of this act. / Thesis (LL.D. (Estate Law))--North-West University, Potchefstroom Campus, 2006.

The environmental governance sphere in South Africa is fragmented. This fragmentation is exacerbated in the provinces. Fragmentation manifests in various ways, including, inter alia, structural fragmentation between the various spheres and line functions of government, fragmented environmental legislation which is silo-based and issue-specific, jurisdictional overlaps, and duplication of procedures and processes. Fragmentation poses several disadvantages and may ultimately hamper effective and sustainable service-delivery by government. The problem of fragmentation forms the crux of this study. The principal objective of this thesis is accordingly to investigate possible solutions to address fragmentation and to propose a more sustainable strategy to achieve integration of currently fragmented environmental governance efforts in South Africa and the North-West Province (NWP). The NWP has specifically been chosen as a case study in this regard since problems of fragmentation are exacerbated in the provinces. The first step in this thesis is to analyse the theoretical concept of sustainability in order to establish the eventual objective of what integrated environmental governance efforts should achieve. The concept of fragmented governance and possible generic reasons for fragmentation, including unco-operative and unsustainable organisational behaviour, are also investigated to highlight the nature and disadvantages of fragmentation and other factors that may contribute to it. A further component of the theoretical analysis includes an investigation of the concepts of integrated, or holistic governance, and an investigation of the concepts integrated environmental management (IEM), co-operative environmental governance (CEG), and integrated pollution prevention and control (IPPC). These concepts are investigated in order to ascertain the possible solutions for integration that they may pose. Secondly, this thesis investigates the current state of the fragmented environmental governance regime in South Africa and the NWP. The extent and reasons for fragmentation are discussed; and unco-operative organisational behaviour patterns in the national, provincial and local spheres of government are investigated. The concepts of IEM, CEG and IPPC, as they are established in South African law, are also discussed. Thirdly, this study investigates integrated approaches to environmental governance in the international sphere by way of a comparative study. For this purpose, the relevant provisions of the European Integrated Pollution Prevention and Control Directive, 1996 are discussed. The comparative study is concluded with an investigation of the provisions of the Directive as they are applied in national legal frameworks in the EU, with specific reference to Finland and the Netherlands. The main objective of this part of the study is to ascertain whether established solutions for integration of governance efforts are available in practice, and if so, to what extent they are employed to address fragmentation. This study concludes with recommendations on how the fragmented environmental governance sphere in South Africa may be integrated. These include short-, medium-and long-term scenarios, namely: a less radical strategy which must aim to optimise the current environmental governance regime by employing established concepts such as IEM, CEG and IPPC; a more radical strategy, which aims to establish a single act to regulate all procedural aspects relating to environmental governance and authorisations, and a single authority that is responsible for all procedural aspects in terms of the act; and an extremely radical strategy, which aims to establish a one-stop environmental governance shop, with a single act regulating all procedural and substantive aspects, and a single lead agent responsible for regulation in terms of this act. / Thesis (LL.D. (Estate Law))--North-West University, Potchefstroom Campus, 2006.

The need for public participation in the development of policies, programmes or actions has been widely accepted by both government and private sectors because of the benefits of such involvement. Involving the public in the development of any policy, programme or action is, however, a daunting task. Public involvement in the development of a policy or action often leads to protest, legal litigation, criticism and delay in carrying out the project. The main objectives of this research are to examine the process of public participation in the Gautrain project and to interrogate how public involvement in the decision-making processes of environmental concerns can be improved. A quantitative study was conducted to describe and explore the process of public participation in the Gautrain environmental impact assessment procedure. The purposive sampling method was used. Thereafter, the data generated was analysed using statistical tools such as charts, tables and the Wilcoxon Mann Whitney U test to examine the similarities and differences in the response patterns of the public and the project proponent. Cronbach alpha statistical methodology was also used to test the reliability of the measurement. The findings are discussed in relation to the objectives of the study and research hypotheses. The results indicate that (1) the public were not involved early enough during the project planning and design phases; (2) adequate information was not provided to the public; and (3) public input does not have much impact on decisionmaking processes. The study does, however, indicate that the process has enhanced the participants’ learning and that the process of participation has improved in recent time as compared to the 2002-2003 periods. The study concludes by providing relevant solutions and recommendations. / Environmental Sciences / M. Sc. (Environmental Management)

The "environmental issue" is a systemic theme and therefore interdisciplinary that permeates many areas of knowledge, such as economics, management, politics, law and culture. Thus, this study aims to evaluate systemically what are the limits and possibilities for formulating environmental management procedures in the operation of the Central Administration of the Universidade Federal de Santa Maria - UFSM converging to create an Integrated Environmental Management (SIGA). The methodology and strategy of action to enable this work obey the triad: Theory Base; Procedure and Technique. The systemic-complex perspective appears as Theory Base and Methodological Approach. The procedures are the bibliographical data collection, document analysis and field research, which are possible by the production techniques of record keeping, tables, extended summaries and questionnaire to UFSM managers. As one of the main results obtained there is the current absence of a policy and environmental management system operative and concrete in UFSM, as well points out the main difficulties, needs and potentials for implementation of a framework that guides the environmental actions in UFSM, setting up the creation of an Integrated Environmental Management (SIGA). / A questão ambiental , por tratar-se de temática nitidamente sistêmica e, portanto, interdisciplinar, perpassa inúmeras áreas do conhecimento, tais como: economia, administração, política, direito e cultura. Dessa forma, este trabalho objetiva avaliar sistemicamente quais são os limites e possibilidades para formulação de Procedimentos de Gestão Ambiental na atuação da Administração Central da Universidade Federal de Santa Maria UFSM, convergindo para criação de um Sistema Integrado de Gestão Ambiental (SIGA). A metodologia e a estratégia de ação para viabilizar o presente trabalho obedecem ao trinômio: Teoria de Base; Procedimento e Técnica. A perspectiva sistêmico-complexa configura-se como Teoria de Base e Abordagem metodológica. Os procedimentos são a coleta de dados bibliográficos, análise documental e pesquisa de campo. Os mesmos viabilizam-se pelas técnicas de produção de fichamentos, tabelas, resumos estendidos e questionário dirigido a gestores da UFSM. Como um dos principais resultados obtidos verifica-se o estado atual de ausência de uma política e sistema de gestão ambiental operativos e concretos na UFSM, bem como se apontam as principais dificuldades, necessidades e potencialidades para implantação de uma estrutura que norteie as ações ambientais na UFSM, configurando-se na criação de um Sistema Integrado de Gestão Ambiental (SIGA).

The purpose of this study is to revise the Department of Water Affairs and Forestry's (DWAF's) current Integrated Environmental Management (IEM) procedure and to develop an Environmental Management Framework (EMF), so as to ensure that the environment is considered in a structured, formal manner at each decision-making stage of the projects development business process. The proposed EMF provides process diagrams that align the IBM principles, the environmental assessment and management tools, and the engineering business process with the project life cycle approach for DWAF's water sector functional areas. Key decision-making points are introduced to the business process to ensure that all the specific requirements have been met before continuing to the next engineering stage of the business life cycle. Auditing nodes were identified within the life cycle approach and complement the decision-making points and strengthen the evaluation of environmental compliance and performance. These process diagrams is designed to prompt development planners and implementers to consider the environment at all stages of the business life cycle and practice sound environmental management. The EMF is based on international best practice and follows the Deming model philosophy as well as principles and elements of an environmental management system. The EMF must be an integral part in the way the department conduct its business and not seen as an ad hoc function and the duties of the environmental officer. To conclude, the EMF is the building block and interim management plan for an appropriate environmental management system in the future and the first step towards business excellence for the Department of Water Affairs and Forestry. / Thesis (M.Sc. (Geography and Environmental Studies))--North-West University, Potchefstroom Campus, 2005.

Magister Legum - LLM

The purpose of this study is to revise the Department of Water Affairs and Forestry's (DWAF's) current Integrated Environmental Management (IEM) procedure and to develop an Environmental Management Framework (EMF), so as to ensure that the environment is considered in a structured, formal manner at each decision-making stage of the projects development business process. The proposed EMF provides process diagrams that align the IBM principles, the environmental assessment and management tools, and the engineering business process with the project life cycle approach for DWAF's water sector functional areas. Key decision-making points are introduced to the business process to ensure that all the specific requirements have been met before continuing to the next engineering stage of the business life cycle. Auditing nodes were identified within the life cycle approach and complement the decision-making points and strengthen the evaluation of environmental compliance and performance. These process diagrams is designed to prompt development planners and implementers to consider the environment at all stages of the business life cycle and practice sound environmental management. The EMF is based on international best practice and follows the Deming model philosophy as well as principles and elements of an environmental management system. The EMF must be an integral part in the way the department conduct its business and not seen as an ad hoc function and the duties of the environmental officer. To conclude, the EMF is the building block and interim management plan for an appropriate environmental management system in the future and the first step towards business excellence for the Department of Water Affairs and Forestry. / Thesis (M.Sc. (Geography and Environmental Studies))--North-West University, Potchefstroom Campus, 2005.

The research proposes methodology applied to an integrated management of natural resources having the water as the main axis on a prioritary territorial unit, the micro-watershed Rio Sarandi, located in the Southwest of Paraná, whose 592 rural properties have been delimitated according to its original asymmetry, size variation, measured area of 18,45 Ha, inadequate infrastructure and with the intense use of soil, especially in areas of wavy smooth relief, essential to the regional social economical development. The research has been based on geoprocessing techniques and the application of a Geographic Information System (GIS) on a manantial with an area of 11.690 Ha, whose hydrography is born in Ampere city, supplies with water the urban population of Realeza and Santa Izabel do Oeste cities, where it has its largest/widest surface. It includes in the GIS an economical evaluation proposal based on the main and most vulnerable production systems, grains, milk, silk worm production and tobacco, involving 382 family agriculturalists. It has enabled the elaboration of an environmental study method with emphasis on the use of soil and water, generating thematic maps, current and precise information as well as simulations and diverse results about the anthropic action in the watershed, among which, the constatation of the existence of 55,6 % for riparian area and 46,8% of legal reservation necessary to the solution of the environmental passive. The reduction impact on agricultural operational income considering the useful area surface of rural properties, is from 4% to 13% in the implementation of the Permanent Preservation Area, with the possibility of compensation through the improvement of management and technological integration, although with a fall from 18% to 31% for the legislation fulfillment with the incorporation of Legal Reserve, depending on the activity, a fact that demonstrates the necessity of more debates regarding economical alternatives, which is a cause of unease and insecurity over the future for the citizens due to the dimension of these consequences. The result of the study has generated abundant educative content, qualitative and quantitative input for managers, public and private institutions, and for the community, contributing to the technical strategy and to the objective of the Integrated Environmental Management Program in Watersheds, that has recently been implemented by the Parana State Government. / A pesquisa propõe uma metodologia aplicada a gestão integrada dos recursos naturais, tendo a água como eixo principal, sobre uma unidade territorial prioritária, a microbacia hidrográfica Rio Sarandi, localizada no Sudoeste do Paraná, cujas 592 propriedades rurais foram delimitadas conforme sua ocupação original, assimetria, variação de tamanho, área media de 18,45 Ha, infra-estrutura inadequada e com uso do solo intenso, sobretudo em áreas de relevo suave ondulado, fundamental para o desenvolvimento socioeconômico regional. Realizada com base em técnicas de geoprocessamento e aplicação de um Sistema de Informações Geográficas (SIG) sobre um manancial com área de 11.690 ha, cuja hidrografia nasce no Município de Ampére, abastece com água a população urbana de Realeza e Santa Izabel do Oeste, onde tem sua maior superfície. Inclui-se no SIG uma proposta de avaliação econômica focada nos sistemas de produção principais e mais vulneráveis, grãos, leite, sericicultura e fumo, envolvendo 382 agricultores familiares residentes. Possibilitou a elaboração de um método de estudo ambiental, com ênfase no uso do solo e da água, gerando mapas temáticos e informações atualizadas, precisas, também simulações e resultados diversificados sobre a ação antrópica na microbacia, entre os quais, a constatação da existência de 55,6 % da mata de galeria e 46,8% de reserva legal necessária para solução do passivo ambiental. O impacto de redução da renda operacional agrícola considerando a superfície de área útil das propriedades rurais é de 4 a 13% na implantação de Área de Preservação Permanente, com possibilidade de compensação através da melhoria de gestão e integração tecnológica, porém queda de 18 a 31% para o atendimento a legislação com incorporação da Reserva Legal, dependendo da atividade, fato que mostra a necessidade de maior debate envolvendo alternativas econômicas, causa de desconforto e insegurança sobre o futuro em seus moradores devido a dimensão destas conseqüências. O resultado do estudo gerou farto conteúdo educativo, insumos qualitativos e quantitativos para gestores, instituições públicas e privadas, profissionais e comunidade, vindo de encontro a estratégia técnica e aos objetivos do Programa de Gestão Ambiental Integrado em Microbacias Hidrográficas, recentemente implantado pelo Governo do Paraná.

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