Weerpatrone verander, droogte-geteisterde gebiede oorspoel en reenwoude verdwyn. Hierdie drastiese gebeurtenisse kan toegeskryf word aan klimaatsverandering. lnternasionale ingryping is nodig, maar 'n land kan nie in isolasie sender die ondersteuning en betrokkenheid van elke land ter wereld klimaatsverandering teenwerk nie. Die IPCC (Intergovernmental Panel on Climate Change) is 'n wat ten doel het om die gevolge van klimaatsverandering te probeer minimaliseer. Op internasionale vlak bestaan daar verskeie metodes om kweekhuisgasvrystellings te verminder, byvoorbeeld die Joint Implementation (JI), Clean Development Mechanism (COM), cap-and-trade model en die koolstofbelastingmodel. Die doel van hierdie studie is om vas te stel hoe koolstofbelasting in Suid-Afrika gereguleer word. Die studie fokus op die vermindering van koolstofdioksiedvrystellings (C02) in besonder. Die bespreking word aangevul met 'n bespreking van die Australiese koolstofmodelwetgewing, wat gedurende 2014 teruggetrek is. Die voorgestelde koolstofbelastingmodel in Suid-Afrika is slegs op besprekingsvlak en daar bestaan tans nog geen wetgewing wat C02-vrystelling direk reguleer nie. Daar word tans gepoog om C02-vrystellings te verlaag deur enkele markgebaseerde instrumente soos belastingtoegewings in artikel 12L van die lnkomstebelasting Wet en omgewingsverwante belastingbepalings ingevolge die Doeane en Aksynswet. Hierdie skripsie beklemtoon die noodsaaklikheid van die regulering van C02- vrystellings in Suid-Afrika en maak aanbevelings oor wysigings aan die voorgestelde koolstofbelastingmodel en 'n potensiele koolstofbelastingwet. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2015

Weerpatrone verander, droogte-geteisterde gebiede oorspoel en reenwoude verdwyn. Hierdie drastiese gebeurtenisse kan toegeskryf word aan klimaatsverandering. lnternasionale ingryping is nodig, maar 'n land kan nie in isolasie sender die ondersteuning en betrokkenheid van elke land ter wereld klimaatsverandering teenwerk nie. Die IPCC (Intergovernmental Panel on Climate Change) is 'n wat ten doel het om die gevolge van klimaatsverandering te probeer minimaliseer. Op internasionale vlak bestaan daar verskeie metodes om kweekhuisgasvrystellings te verminder, byvoorbeeld die Joint Implementation (JI), Clean Development Mechanism (COM), cap-and-trade model en die koolstofbelastingmodel. Die doel van hierdie studie is om vas te stel hoe koolstofbelasting in Suid-Afrika gereguleer word. Die studie fokus op die vermindering van koolstofdioksiedvrystellings (C02) in besonder. Die bespreking word aangevul met 'n bespreking van die Australiese koolstofmodelwetgewing, wat gedurende 2014 teruggetrek is. Die voorgestelde koolstofbelastingmodel in Suid-Afrika is slegs op besprekingsvlak en daar bestaan tans nog geen wetgewing wat C02-vrystelling direk reguleer nie. Daar word tans gepoog om C02-vrystellings te verlaag deur enkele markgebaseerde instrumente soos belastingtoegewings in artikel 12L van die lnkomstebelasting Wet en omgewingsverwante belastingbepalings ingevolge die Doeane en Aksynswet. Hierdie skripsie beklemtoon die noodsaaklikheid van die regulering van C02- vrystellings in Suid-Afrika en maak aanbevelings oor wysigings aan die voorgestelde koolstofbelastingmodel en 'n potensiele koolstofbelastingwet. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2015

As a developing country, South Africa is in dire need of socio-economic development and upliftment, especially in the light of past inequalities. Mining generates massive amounts of revenue and creates employment for the masses and could therefore contribute successfully towards socio-economic development, especially in a country which is richly endowed with mineral resources. Mining seems unsustainable due to the fact that it leads to the destruction of the natural environment and the depletion of non-renewable resources. Mining companies must nonetheless strive to achieve sustainability. The Constitution stipulates that the State should establish an environmental governance framework to, amongst others, protect the environment and prevent pollution while ensuring justifiable social and economic development. While the Constitution emphasises the importance of the integration, the question remains as to how the notion of sustainable development should be interpreted in a country suffering from severe poverty and a need for social and economic development. The aim of this study is to determine how the sustainability concept within mining and environmental legislation could be interpreted and given effect in order to ensure better environmental governance within the mining sector. This study indicates that the current environmental governance framework regulating the mining industry is fragmented and lacks the necessary criteria to ensure sustainability. For the purposes of this study, a sustainability model was developed for the mining industry along the lines of the different layers of an "onion" to illustrate the interdependence of the different layers of sustainability. To ensure better sustainability within the environmental governance framework, currently regulating the mining industry, sustainability criteria should be developed, clearly indicating how the different layers of sustainable development should be weighed, balanced and integrated by decision-makers. / Thesis (LL.M. (Environmental law))--North-West University, Potchefstroom Campus, 2012.

Uranium exploration and mining activities in Namibia have increased rapidly since 2003, which increase not only poses a significant impact on the country’s economy, but also on its unique and pristine natural environment. The nature and extent of the environmental impacts associated with uranium mining requires a sound environmental law and policy framework that regulates uranium activities, impacts and aspects during each phase of the project life cycle of a uranium mine. It also requires of authorities to establish and enhance environmental protection and sustainability during uranium mining operations and to ensure that all environmental impacts that inevitably occur as a result of uranium mining activities are addressed in a holistic and integrated manner during each phase of the project life cycle of a uranium mine. In order to do this the country must develop and maintain an efficient and effective environmental governance regime. Namibia’s environmental law and policy framework that regulates uranium mining does not cover the entire PLC of uranium mining. It is vital that the current loops in the country’s existing environmental regulatory framework be closed and that an efficient and effective environmental governance regime, as envisaged in this study, be established. This will enable the administering agents to actively promote and maintain the welfare of the people, ecosystems, essential ecological processes and the biodiversity of Namibia, as well as the utilisation of living natural resources on a sustainable basis to the benefit of all Namibians, both present and future, as pledged in the Namibian Constitution. / Thesis (LL.M. (Environmental law))--North-West University, Potchefstroom Campus, 2012.

As a developing country, South Africa is in dire need of socio-economic development and upliftment, especially in the light of past inequalities. Mining generates massive amounts of revenue and creates employment for the masses and could therefore contribute successfully towards socio-economic development, especially in a country which is richly endowed with mineral resources. Mining seems unsustainable due to the fact that it leads to the destruction of the natural environment and the depletion of non-renewable resources. Mining companies must nonetheless strive to achieve sustainability. The Constitution stipulates that the State should establish an environmental governance framework to, amongst others, protect the environment and prevent pollution while ensuring justifiable social and economic development. While the Constitution emphasises the importance of the integration, the question remains as to how the notion of sustainable development should be interpreted in a country suffering from severe poverty and a need for social and economic development. The aim of this study is to determine how the sustainability concept within mining and environmental legislation could be interpreted and given effect in order to ensure better environmental governance within the mining sector. This study indicates that the current environmental governance framework regulating the mining industry is fragmented and lacks the necessary criteria to ensure sustainability. For the purposes of this study, a sustainability model was developed for the mining industry along the lines of the different layers of an "onion" to illustrate the interdependence of the different layers of sustainability. To ensure better sustainability within the environmental governance framework, currently regulating the mining industry, sustainability criteria should be developed, clearly indicating how the different layers of sustainable development should be weighed, balanced and integrated by decision-makers. / Thesis (LL.M. (Environmental law))--North-West University, Potchefstroom Campus, 2012.

Uranium exploration and mining activities in Namibia have increased rapidly since 2003, which increase not only poses a significant impact on the country’s economy, but also on its unique and pristine natural environment. The nature and extent of the environmental impacts associated with uranium mining requires a sound environmental law and policy framework that regulates uranium activities, impacts and aspects during each phase of the project life cycle of a uranium mine. It also requires of authorities to establish and enhance environmental protection and sustainability during uranium mining operations and to ensure that all environmental impacts that inevitably occur as a result of uranium mining activities are addressed in a holistic and integrated manner during each phase of the project life cycle of a uranium mine. In order to do this the country must develop and maintain an efficient and effective environmental governance regime. Namibia’s environmental law and policy framework that regulates uranium mining does not cover the entire PLC of uranium mining. It is vital that the current loops in the country’s existing environmental regulatory framework be closed and that an efficient and effective environmental governance regime, as envisaged in this study, be established. This will enable the administering agents to actively promote and maintain the welfare of the people, ecosystems, essential ecological processes and the biodiversity of Namibia, as well as the utilisation of living natural resources on a sustainable basis to the benefit of all Namibians, both present and future, as pledged in the Namibian Constitution. / Thesis (LL.M. (Environmental law))--North-West University, Potchefstroom Campus, 2012.

Since the start of the space race in the 1950‟s the outer space environment has significantly changed due to human expansion and the subsequent by-products known as outer space pollution/debris. As outer space rapidly evolved from a military high-ground into a commercialised asset exploited by private and state owned enterprises, the treaties negotiated in the 1960‟s and 1970‟s quickly became out-dated. As a result outer space, especially the orbits around the Earth are occupied by countless masses of non-functional manmade objects, some expected to remain for millions of years. This dissertation argues that the current national and international legal framework will be inadequate to address the problem of outer space pollution and that legal and political action will be necessary on a global scale. With the planned developments as set out in the National Space Policy, South Africa is set on becoming a leading provider of outer space services on the African continent and will, as a consequence, have a progressively bigger impact on the outer space environment. With a growing dependence on outer space technologies, developed and developing economies around the world cannot ignore the immense negative consequences that outer space debris could pose to their development. This study will thus, by examining the international and national legal framework regarding outer space pollution, provide legal recommendations pertaining to the principles and obligations that the South African legal framework will have to make provision for, in order to minimise the negative effect on the outer space environment. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

The objective of this study is to conduct a critical evaluation of the environmental law framework applicable to carbon capture and storage (hereafter CCS) in South Africa. The discussion begins by confirming that CCS has a place in environmental law as a mitigation measure. The inclusion of CCS in the clean development mechanism could incentivise the development of environmental law frameworks for CCS in South Africa. Implementation of CCS is gradual, with only eight large scale integrated CCS projects having been established around the world. An appreciation of key scientific concepts is helpful for an understanding of the CCS process. The CCS project life cycle and related impacts on the environment provide a context for discussion of the legal requirements accompanying the CCS life cycle. The Constitution of the Republic of South Africa, 1996 and the National Environmental Management Act 107 of 1998 constitute appropriate framework legislation for CCS. Decision 3/CMP.1, Modalities and procedures for a clean development mechanism as defined in Article 12 of the Kyoto Protocol adopted by the Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol held at Montreal from 28 November to 10 December 2001 March 2006 provides international legal requirements accompanying the project life cycle against which the South African legal framework is examined. Some provisions of additional South African laws and policies will be applicable to CCS depending on the nature of the specific CCS project, but specific regulations may have to be developed for South Africa. Policy documents have been gradually bringing clarity to the way forward in arriving at a legal framework for CCS, and by reference to existing local legislation and international guidance, an environmental law framework for CCS can be developed for South Africa. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

Since the start of the space race in the 1950‟s the outer space environment has significantly changed due to human expansion and the subsequent by-products known as outer space pollution/debris. As outer space rapidly evolved from a military high-ground into a commercialised asset exploited by private and state owned enterprises, the treaties negotiated in the 1960‟s and 1970‟s quickly became out-dated. As a result outer space, especially the orbits around the Earth are occupied by countless masses of non-functional manmade objects, some expected to remain for millions of years. This dissertation argues that the current national and international legal framework will be inadequate to address the problem of outer space pollution and that legal and political action will be necessary on a global scale. With the planned developments as set out in the National Space Policy, South Africa is set on becoming a leading provider of outer space services on the African continent and will, as a consequence, have a progressively bigger impact on the outer space environment. With a growing dependence on outer space technologies, developed and developing economies around the world cannot ignore the immense negative consequences that outer space debris could pose to their development. This study will thus, by examining the international and national legal framework regarding outer space pollution, provide legal recommendations pertaining to the principles and obligations that the South African legal framework will have to make provision for, in order to minimise the negative effect on the outer space environment. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

The objective of this study is to conduct a critical evaluation of the environmental law framework applicable to carbon capture and storage (hereafter CCS) in South Africa. The discussion begins by confirming that CCS has a place in environmental law as a mitigation measure. The inclusion of CCS in the clean development mechanism could incentivise the development of environmental law frameworks for CCS in South Africa. Implementation of CCS is gradual, with only eight large scale integrated CCS projects having been established around the world. An appreciation of key scientific concepts is helpful for an understanding of the CCS process. The CCS project life cycle and related impacts on the environment provide a context for discussion of the legal requirements accompanying the CCS life cycle. The Constitution of the Republic of South Africa, 1996 and the National Environmental Management Act 107 of 1998 constitute appropriate framework legislation for CCS. Decision 3/CMP.1, Modalities and procedures for a clean development mechanism as defined in Article 12 of the Kyoto Protocol adopted by the Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol held at Montreal from 28 November to 10 December 2001 March 2006 provides international legal requirements accompanying the project life cycle against which the South African legal framework is examined. Some provisions of additional South African laws and policies will be applicable to CCS depending on the nature of the specific CCS project, but specific regulations may have to be developed for South Africa. Policy documents have been gradually bringing clarity to the way forward in arriving at a legal framework for CCS, and by reference to existing local legislation and international guidance, an environmental law framework for CCS can be developed for South Africa. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014