Tag: Garyn Rapson

South African environmental law is undergoing a decisive shift. This shift affects how climate change considerations are integrated into environmental authorisation (EA) decision-making. Courts increasingly recognise climate change as a material factor within the “need and desirability” assessment under the National Environmental Management Act 107 of 1998 (NEMA).

To support the implementation of South Africa's Nationally Determined Contributions (NDC) under the Paris Agreement, the Minister of Forestry, Fisheries and the Environment published the Sectoral Emissions Target (SET) Report for public comment on 26 April 2024.

The National Biodiversity Offset Guideline (BOG) has been published. It specifically applies to applications for environmental authorisations but can be used by authorities making other decisions that may involve biodiversity offsetting.

South Africa was the first country in the world to grant the tax concession in Section 37D of the Income Tax Act to protect biodiversity, which provides a sustainable financing solution. Biodiversity is a key element of tackling climate change, and it is an area in which South Africa has demonstrated flexibility and innovation.

Recent regulatory developments have helped to increase the pressure that communities are able to exert on mining companies. This highlights the need for companies to implement more effective negotiations with and solutions for their affected communities.

South Africa’s water supply is predicted to reach a crisis point by 2030. However, could better management of this critical resource actually be the economic saviour of the country? Dr Anthony Turton, Professor in the Centre for Environmental Management, University of the Free State believes so.