Thesis (M. Dev.) -- University of Limpopo, 2016 / This mini-dissertation deals with the legal analysis of the prohibition of marine pollution. It is found that the harmful effects of marine pollution on the marine ecosystem, human health and the economy is a problem that needs to be solved immediately. International Conventions and different legislation have been drafted in order to regulate, reduce, mitigate or stop marine pollution. Despite the existence of these conventions and legislation, this problem continues unabated. Large numbers of marine species are known to be harmed and killed as a result of marine pollution. Marine pollution did not receive much attention until many species in the sea and the marine ecosystem faced adverse consequences resulting from marine pollution. Although it has become a global concern, most nations are still producing huge pollution loads. This mini-dissertation analyses the legal framework and the sources of marine pollution, the effects of marine pollution on the marine ecosystem and human health. Furthermore, it makes a comparative analysis between South Africa as developing country and Australia as a developed country in order to determine what South Africa could learn from Australia. The study makes recommendations on how marine pollution can be solved, mitigated or combatted. / National Research Foundation (NRF)

Despite the pollution control provisions provided in national and local legislation that explicitly or implicitly give effect to the polluter pays principle (PPP), certain rivers continue to suffer from persistent industrial pollution. This research focuses on one such river, the Bayne's Spruit, as a case study. The Bayne's Spruit is a small river that is located within an urban catchment, and which has been subjected to wet industrial pollution for over a decade. Much of this pollution is associated with the Pietermaritzburg edible oil industry. This pollution impacts negatively on a downstream community that uses the river for irrigation of subsistence crops, for recreation and for subsistence fish harvesting. The pollution has also severely degraded the riverine ecosystem. This research commenced with a literature review of the PPP in its international, national and local context. It was noted that the current legislative framework for implementation of the PPP with regard to pollution of rivers in South Africa comprises primarily of the National Water Act 36 of 1998 (NWA), the National Environmental Management Act 107 of 1998, and the Pietermaritzburg-Msunduzi industrial effluent bylaws of November 1998. The case study was approached using a largely qualitative methodology, although quantitative data was also relied upon where feasible. The historical context of the case study was provided by conducting a review of newspaper reports, a review of. government inspection records, and a review of water quality data (including biomonitoring and chemical data). The current status of the Bayne's Spruit was then explored by conducting in-depth historical interviews with community members, and by conducting direct observation of the environmental status of the Bayne's Spruit. This data was supplemented by an analysis of the test results of sampled industrial effluent, and by information obtained from representatives of two edible oil companies. In-depth, purposively selected interviews were conducted with various role players. (local government, regional government and industry) to identify what factors are preventing the successful implementation of the PPP in the case study area. Factors identified include a lack of environmental ethic within the edible oil industry, with some of these companies free riding on the Bayne's Spruit to maximize their profits. At a local level, factors preventing implementation of the PPP include deficiencies in the local industrial effluent bylaws, failures to administer and implement provisions contained in the bylaws, capacity restrictions and institutional paralysis. National legislation is not being successfully implemented because the government agency empowered under the NWA is deferring primary responsibility for dealing with pollution to the local authority. Factors also include difficulties associated with monitoring of rivers, including lack of capacity to engage in monitoring, and confusion over the functions of the various spheres of government. Finally, enforcement complexities are a major factor preventing successful implementation of the PPP. These problems relate to inadequate penalties, enforcement arrangements, capacity problems, separation of authority to operate the municipal sewer works and to enforce the industrial effluent bylaws, difficulties in identifying the offending polluter (causation), problems with access to company premises, the open access character of the storm water drainage system, previous failed prosecutions and reliance on the criminal justice system. / Thesis (M.Sc.)-University of Natal, 2002.

published_or_final_version / Environmental Management / Master / Master of Science in Environmental Management

published_or_final_version / Environmental Management / Master / Master of Science in Environmental Management

"The Texas Failure sets forth the thesis that environmental problems are essentially a product of political decisions and that in Texas the political system has failed to respond to environmental problems because it is dominated by polluter-oriented special interests. The argument advanced is that polluter-oriented interests are well protected by state politicians in both the legislature and regulatory agencies of state government. The thesis is organized around an analysis of such political factors as ideology, leadership, decision making and law as they relate to a political consideration of Texas environmental conditions."-- leaf 1.

Air pollution, health and poverty convey overtones of moral dereliction of our people by the confederacy of perpetrators. It is true that a cocktail of chemical emissions pollute the Durban South area and the residents paying an enormous price to survive. With poverty abound, the people feel disenfranchised as their plea for a better environment fails to improve their standing. This short treatise looks at the role of people and the business as one part and the inclusion of the government on the other part. A comparison of covert techniques and manipulations used by business to circumvent the system. Legislation although adequate but lacking enforcement together with legal remedies as a way to stop this incursion to our Constitutional right. A paradigm shift to sustainability in exploring the many facets of invaluable 'practical solutions' to save and sustain our existence and our intergenerational society. The government authorities saddled with internal strife and the under-funded NGOs who are buoyed by media support still prove ineffective. The conglomerates with all their abundant resources covertly or otherwise propagate their maliciousness unchecked. The enforcement authorities, the judicial officers, the NGOs and the people must work harmously to stem this unacceptable moral degradation before it reaches abysmal proportions. / Thesis (LL.M.)-University of Natal, Durban, 2003.

This dissertation titled ‘An appraisal of the law relating to oil pollution in the inland, territorial and maritime waters of Nigeria’ examines whether the law governing oil pollution in Nigeria is satisfactory in so far as determining issues of liability and compensation for oil pollution are concerned. The thesis examines a research hypothesis on the determination of the question whether the law adequately caters for victims of oil pollution occurring in the inland, territorial and maritime waters of Nigeria and if not, what are the observable defects and how can these defects be remedied. Not only has there been a considerable environmental degradation in Nigeria occasisoned by oil exploration and exploitation, particularly in the areas around the Niger Delta, but there has been serious socio-economic consequences pertinent to sustainable development of Nigeria as a nation. These impacts and the government’s attempts to tackle the problems have been the focus of this thesis. / Thesis (Ph.D.)-University of KwaZulu-Natal, Pietermaritzburg, 2012.

This paper evaluates the effectiveness of the institutional framework of the Commonwealth of Virginia in the implementation and enforcement of nonpoint source (NPS) pollution control measures in the state's urbanizing areas. The institutional framework is developed primarily around the existing governmental framework. The federal, state and local roles are examined in terms of the relevant legislative and executive NPS control activities already taking place. The judicial function is considered in terms of constitutional guarantees of protection of private property and the potential for liability stemming from the implementation of structural and nonstructural best management practices (BMP's). Three generic categories of BMP's are evaluated in light of this institutional environment: on-site BMP's, off-site BMP's and nonstructural BMP's. Where they are relevant, various subcategories of the institutional environment are examined: mechanisms and responsibility for financing and maintenance, managing future urban growth and mediating interjurisdictional arrangements. The introduction and first four chapters develop this material and the final chapter is an analysis of the existing state programs (the Erosion and Sediment Control Law and the State Water Control Board's voluntary Urban NPS Control and Abatement Program). The product of this analysis is the conclusion that both state programs analyzed are weak due to a lack of state oversight. In addition, the Erosion and Sediment Control Program could be strengthened by amending the law to add a viable "stop work" order and by defining violations as being civil rather than criminal (misdemeanors) violations. / M.S.

published_or_final_version / Environmental Management / Master / Master of Science in Environmental Management

Thesis (M.C.P.)--Massachusetts Institute of Technology, Dept. of Urban Studies and Planning, 1979. / MICROFICHE COPY AVAILABLE IN ARCHIVES AND ROTCH. / Bibliography: leaves 361-380. / by Andrew Schiffrin. / M.C.P.