ELA Newsletter 2021-11

Become a member

Member Benefits

2 April 2021

Acts

Marine Spatial Planning Act 16 of 2018 – Proc 4 in GG 44383 of 1 April 2021 – commenced 1 April 2021

Promotion of Access to Information Amendment Act – 31 of 2019 – Proc R10 in GG 44403 of 1 April 2021 – commenced 1 April 2021

Legislation

Directions

Disaster Management Act 57 of 2002 – Directions

GN 277 in GG 44342 of 29 March 2021 – Directions and criteria for the management of the 2021 academic year in public and private higher education institutions
GN 256 in GG 44326 of 25 March 2021 – Directions on measures to address, prevent and combat the spread of COVID-19 in railway operations published in GN 62 in GG 44123 of 29 January 2021 amended (Alert Level 1)
GN 290 in GG 44381 of 31 March 2021 – Directions on taxi relief fund to mitigate the impact of COVID-19 in the taxi industry, 2021
Gen Notice 145 in GG 44339 of 27 March 2021 – Directions regarding the reopening of schools and measures to address, prevent and combat the spread of COVID-19 in the National Department of Basic Education, and Provincial Departments of Education, and all schools in the Republic of South Africa published in Gen Notice 42 in GG 44154 of 12 February 2021 amended

Electronic Communications Act 36 of 2005 – Gen Notice 165 in GG 44374 of 31 March 2021 – Independent Communications Authority of South Africa (ICASA): ICT COVID-19 National Disaster Fourth Amendment Regulations published and Gen Notice 238 in GG 43207 of 6 April 2020 amended with effect from 1 April 2021

Notices

Disaster Management Act 57 of 2002 – GN R284 in GG 44367 of 30 March 2021 – Regulations issued in terms of s. 27 (2) of the Act published in GN R480 in GG 43258 of 29 April 2020 amended (Easter period)

Petroleum Products Act 120 of 1977 – GN R281 in GG 44362 of 30 March 2021 – Draft Amendment Regulations regarding the Mandatory Blending of Biofuels with Petrol and Diesel, 2021 – for comment

Petroleum Products Act 120 of 1977 – GN R281 in GG 44362 of 30 March 2021 – Draft Regulations regarding Petroleum Products Specifications and Standards published for comment in GN R211 in GG 44265 of 12 March 2021 replaced

Petroleum Products Act 120 of 1977 – GN R302 in GG 44384 of 1 April 2021 – Draft Liquefied Petroleum Gas (LPG) Rollout Strategy – for comment

Occupational Health and Safety Act 85 of 1993 – GN R280 in GG 44348 of 29 March 2021 corrected by GN R283 in GG 44366 of 31 March 2021 – Regulations for Hazardous Chemical Agents, 2020 published with effect from 29 March 2021 and 18 months after promulgation and Regulations for Hazardous Chemical Substances published in GN R1179 in GG 16596 of 25 August 1995 repealed

Independent Commission for the Remuneration of Public Office-Bearers Act 92 of 1997 – Gen Notice 160 in GG 44369 of 31 March 2021 – Explanatory memorandum for annual recommendations for 2020/2021

National Environmental Management Act 107 of 1998 – GN 276 in GG 44341 of 29 March 2021 – Adoption of a generic environmental management programme for the management and mitigation of environmental impacts resulting from the implementation of the landcare projects and the exclusion of these projects from the requirement to obtain an environmental authorisation

Public Finance Management Act 1 of 1999 – GN 298 in GG 44383 of 1 April 2021 – Proposed regulations on accounting standards published for comment: GRAP 104 on Financial Instruments, Improvements to Standards of GRAP and Amendments to GRAP 1 on Presentation of Financial Statements

Astronomy Geographic Advantage Act 21 of 2007 – GN 285 in GG 44365 of 31 March 2021 – Revised exempted radio frequency spectrum for the Karoo Central Astronomy Advantage Area

National Regulator for Compulsory Specifications Act 5 of 2008 – GN 289 in GG 44380 of 31 March 2021 – Proposed amendment to the Compulsory Specification for frozen lobsters and frozen lobster products derived therefrom (VC 8020) – for comment

National Environmental Management: Waste Act 59 of 2008 – GN 275 in GG 44340 of 29 March 2021 – Proposed norms and standards for the treatment of organic waste – for comment

Financial Markets Act 19 of 2012 – BN 23 in GG 44383 of 1 April 2021 – Financial Sector Conduct Authority (FSCA): Notice of approval of the amendments to the A2X Rules

Protection of Personal Information Act 4 of 2013 – GN 297 in GG 44383 of 1 April 2021 – Information Regulator – commencement of s. 58 (2) shall become applicable to processing referred to in s. 57 of the said Act: 1 July 2021

Legal Metrology Act 9 of 2014 – GN 288 in GG 44379 of 31 March 2020 – Legal Metrology Regulations – Extension of the period in which equipment contemplated in reg. 2(2) may be used

Legal Practice Act 28 of 2014 – Gen Notice 171 in GG 44383 of 1 April 2021 – Legal Practice Council: Rules published in terms of ss. 95(1), 95(3) and 109(2) amended

Division of Revenue Act 4 of 2020 – GN 279 in GG 44349 of 29 March 2021 – Conditional allocations and explanatory memorandum

South African Geographic Names Council Act 118 of 1998 – Gen Notice 173 in GG 44388 of 1 April 2021 – North West Geographical Names Committee – Nominations invited

Competition Act 89 of 1998 – GN 89 in GG 44378 of 31 March 2021 – Designation South African Petroleum Industry Association

Provinces

Northern Cape

Public Launch Site Regulations – Gen Notice 31 in PG 2406 of 26 March 2021 – Notice of Public Launch Sites and the identified management bodies for each listed site

National Environmental Management: Protected Areas Act 57 of 2003 – Gen Notice 34 in PG 2407 of 29 March 2021 – Notice to declare protected areas as part of an existing nature reserve – Goegap Nature Reserve: Remaining extent of farm Oranjefontein no 129

Limpopo

National Environmental Management: Protected Areas Act 57 of 2003 – PN 19 in PG 3149 of 26 March 2021 – Vhembi and Waterberg District Municipalities – Notice to declare respective land parcels as protected environments – Awelani Protected Environment in the Vhembe District and Matabane Protected Environment in the Waterberg District

Limpopo Environmental Management Act 7 of 2003 – PN 20 in PG 3149 of 26 March 2021 – Open Season: Game, 2021

Western Cape

Western Cape Museums Ordinance Amendment Act 2 of 2021 – Proc 3 in PG 8408 of 31 March 2021 and PN 32 in PG 8407 of 31 March 2021 – commenced 31 March 2021 except s 25

Gauteng

Spatial Planning and Land Use Management Act 16 of 2013 – LAN 303 in PG 83 of 31 March 2021 – City of Ekurhuleni Metropolitan Municipality – Appointment of persons to serve as members of the Appeals Authority (EMAA)

Cases

International

City of New York v. Chevron Corp Case no 18-2188 Supreme Court of Appeal for the Second Circuit Decided 1 April 2021

The Second Circuit earlier today upheld the dismissal of the City of New York’s lawsuit for monetary relief against Chevron and other global oil companies for climate change based on state nuisance law . The panel ruled that the nature of the problem calls for application of federal common law, not state law, and that federal common law is generally displaced by the Clean Air Act and that any federal common law not displaced by the CAA fails under the reasoning of the SCOTUS rulings in Kiobel v. Royal Dutch Petroleum and Jesner v Arab Bank — because of the risks posed by judicial application of federal common law to disrupting relations with foreign governments, intrusion on the political branches’ monopoly over foreign policy, and separation of powers concerns. [Summary by Prof R Lazarus Harvard Law School EnvLawProfessors List]

Publications

National

Ndlela Tokyo and Murcott Melanie ‘Innovative Regulation of Meat Consumption in South Africa: An Environmental Rights Perspective” 2021 PER DOI: https://doi.org/10.17159/1727-3781/2021/v24i0a7519

Ferreira-Snyman Anel “Challenges to the Prohibition on Sovereignty in Outer Space – A New Frontier for Space Governance” 2021 PER DOI: https://doi.org/10.17159/1727-3781/2021/v24i0a8685

Abrams L and Rautenbach C “Legislative landscape for traditional health practitioners in Southern African development community countries: a scoping review” 2020 10 BMJ Open 1–10

Ashukem JN “Land Grabbing and Customary Land Rights in Uganda: A Critical Reflection of the Constitutional and Legislative Right to Land” 2020 27 International Journal on Minority and Group Rights 121–147

Klaasen A “The quest for socio-economic rights: The rule of law and violent protest in South Africa” 2020 27(6) Sustainable Development 1–7

Soyapi CB “A Multijurisdictional Assessment of the Judiciary’s Role in Advancing Environmental Protection in Africa” 2019 September Hague Journal on the Rule of Law 1–26

Kotze LJ “Earth system law for the Anthropocene: rethinking environmental law alongside the Earth system metaphor” 2020 11 Transnational Legal Theory 1–30

Kanamugire JC “Historical development of refugee framework in Africa” 2020 10(2) Juridical Tribune Journal = Tribuna Juridica 308–327

Viljoen G “Critical perspectives on South Africa’s groundwater law: established practice and the novel concept of public trusteeship” 2020 Journal of Energy and Natural Resources Law 1-19

Rantlo JT and Viljoen G “A critical appraisal of Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd 2019 (5) SA 275 (GP)” 2020 Impact Assessment and Project Appraisal 1– 6

Rautenbach C “The Influence of Foreign Judgments on the Development of Post-Apartheid Constitutional Law in South Africa: Judicial Law-Making in Action?” 2020 7(1) Journal of International and Comparative Law 99-126

Van Der Linde DC “Evidentiary and Procedural Issues Relating To the Prevention of organised Crime Act” 2020 South African Law Journal 501-527

Fuo ON “Nativism in South African municipal indigent policies through a human rights lens” 2020 24 Law, Democracy and Development 271–317

Fuo ON “The Role of Local Governments in providing Social Protection in the Context of the United Nations Sustainable Development Goals: The Position of South African Municipalities” 2019 6(4) African Journal of Democracy and Governance (AJDG) 113–136

Raboshakga NI and Fuo ON “Appropriate Internal Appeal Mechanisms for Approval of Building Plans: Exploring the Gaps Left by the Constitutional Court” 2020 23 Potchefstroom Electronic Law Journal 1-32

Dube F “Neither Adopted nor Borrowed: A Critique of the Conception of the South African Bill of Rights” 2020 23 Potchefstroom Electronic Law Journal 1–26

Botes M and Steenkamp RM “Legal Perspectives on Ecosystem Services Protection for Water Security in South African Cities” 2020 Southern African Public Law 35(1)

Soyapi CB “A Case for Transnational Law in Contemporary Times” 2020 23 Potchefstroom Electronic Law Journal 1-30

Kim R and Kotze LJ “Planetary boundaries at the intersection of Earth system law, science and governance: A state-of-the-art review” 2020 Review of European, Comparative and International Environmental Law 1–13

Animashaun OO “Bifurcated citizenship in Nigerian cities: The case of Lagos” 2020 17(4) African Renaissance 49–74

Mathiba G and Lefenya KO “Rethinking the Regulation of Mining Activities in a Declared Protected Environment: MEJCON Case Analysis” 2020 34(3) Speculum Juris 146–155

Kotze LJ and Du Plessis AA “Putting Africa on the Stand: A Bird’s Eye View of Climate Change Litigation on the Continent” 2020 50(2) Environmental Law Review 615–663

Lubbe WD and Honkonen T “Adapting transboundary water agreements to climate change: Experiences from Finland and Southern Africa” 2019 25(5) South African Journal of Environmental Law and Law Policy 5 -41

Lubbe WD and Spijkers O “Taking Stock of United Nations and African Union Constitutionalism” 2021 29(1) African Journal of International and Comparative Law 62–81

Glasser M and Wright JS “South African municipalities in financial distress: what can be done?” 2020 24 Law, Democracy and Development 413–441

Barnard M “Constitutionalising a Human Right to Water in the Southern African Development Community” 2020 16(2) Utrecht Law Review 60–74

Agbor AA “Gauging the impact of migration on the right to development in Africa – lessons from South Africa” in Kamga S (ed) The Right to Development in Africa: Issues, Constraints and Prospects (2020 Austin Pan-African University Press) 669-697

Fuo ON “The courts and local governments in South Africa” in Fessha Y & Kössler K (eds) Federalism and the Courts in Africa: Design and Impact in Comparative Perspective (2020 Abingdon, Oxon Routledge) 103-123

Soyapi CB “The Judiciary and Environmental Protection in Zimbabwe” in Addaney M & Jegede A (eds) Human Rights and the Environment under African Union Law (Cham: Springer Nature Switzerland AG 2020) 349-379

Addaney M, Moyo CG and Ramakhula T “Human Rights, Regional Law, and the Environment in Africa: Legal and Conceptual foundations” in Addaney M & Jegede A (eds) Human Rights and the Environment under African Union Law (Cham: Springer Nature Switzerland AG 2020) 3-23

Addaney M and Moyo CG “Experiences from African Regional Human Rights Courts and Tribunals in the Protection of Environmental Rights” in Addaney M & Jegede A (eds) Human Rights and the Environment under African Union Law (Cham: Springer Nature Switzerland AG 2020) 187-208

Pienaar GJ “Urban fragmented land tenure” in Pienaar G & Horn M (eds) Sectional Titles and other Fragmented Property Schemes (Juta Cape Town 2020) 3-55

Venter F “State Capture, Corruption, and Constitutionalism in South Africa in Fombad C & Steytler N (eds) Corruption and Constitutionalism in Africa (New York Oxford University Press 2020) 69-89

Venter F “The separation of powers in new constitutions” in Baraggia A, Fasone C & Vanoni L (eds) New Challenges to the Separation of Powers Dividing Powers (Cheltenham Edward Elgar Publishing Ltd 2020) 105-223

Kloppers HJ “Legislating South African CSR through Framework Legislation” in Crowther D & Seifi S (eds) Governance and Sustainability International Perspectives (2020 Gateway East Springer) 101-126

Villavicencio Calzadilla PM “Litigating Climate Change in Bolivian National Courts” in Sindico F & Mbengue M (eds) Comparative Climate Change Litigation: Beyond the Usual Suspects (2020 Glasgow Springer Nature) 259-276

International

Mitchell J Poisoning the Pacific: The U.S. Military’s Secret Dumping of Plutonium, Chemical Weapons, and Agent Orange (available on Amazon 2020)

Franks B, Ewell C and Jacquet J “Animal welfare risks of global aquaculture” 2021 7(14) Science Advances DOI: 10.1126/sciadv.abg0677]

Zailes V et al “Rapid expansion of human impact on natural land in South America since 1985” 2021 7(14) Science Advances DOI: 10.1126/sciadv.abg1620

Li R et al “Time and space catch up with restoration programs that ignore ecosystem service trade-offs” 2021 7(14) Science Advances DOI: 10.1126/sciadv.abf8650

Atapattu Sumudu, Gonzalez Carmen G and Seck Sara L (eds) The Cambridge Handbook of Environmental Justice and Sustainable Development (Cambridge University Press 2021)

Blogs, Discussions, Websites, Videos, ETC

South Africa

Biodiversity, protected areas, culture

The Conversation: Schoville B et al “Ancient southern Kalahari was more important to human evolution than previously thought” 31 March 2021

Climate change and energy

Thomas Reuters Foundation: Harrisberg K “Coal-powered industry plan for South Africa’s ‘Eden’ sparks green outcry” 29 March 2021

Bizcommunity: “Why South Africa’s electricity blackouts are set to continue for the next five years” 31 March 2021

Mining

IOL: “Video: Red tape must be cut to allow alluvial diamond sector to create wealth, jobs” 2 April 2021

Bizcommunity: “Cash-strapped mining companies look for innovative sources of funding” 1 April 2021

Bizcommunity: Nembudani R and Rungasammy Y “4IR in mining doesn’t necessarily mean job losses” 31 March 2021

Mining Weekly: Creamer T “How South Africa can unlock its exploration potential – Adrian Reynolds” 1 April 2021

Miscellaneous

Natural Justice: Douma A “Natural Justice’s response to the Land Tenure Act Upgrading Amendment Bill” 30 March 2021

Bizcommunity: SAICA “Latest developments in the sustainability reporting standards landscape” 24 March 2021

Africa

Biodiversity

allAfrica: Iruoma K “Nigeria: Special Report – Communities Groan as Erosion Ravages Farmlands, Threatens Food Security in South-East Nigeria” 3 April 2021

allAfrica: Ngowi D “Tanzania: Wwf Supports Govt Conservation Efforts” 4 April 2021

The Conversation: Whytock R and Maisels F “New decisions by global conservation group bolster efforts to save Africa’s elephants” 31 March 2021

Climate Change and Energy

Extractives Baraza: Qorro E “East Africa: Launch of Crude Oil Pipeline Set for April” 31 March 2021

Xinhao: “African executives rooting for carbon tax to boost climate resilience” 30 March 2021

Bizcommunity: “Where a global carbon tax meets a just energy transition” 1 April 2021

allAfrica: Schwikowski M “Africa Digs for Coal to Meet Energy Demands Amid Climate Concerns” 2 April 2021

allAfrica: Pham JP “Africa’s Real Strategic Import for the Green Economy” 29 March 2021

Local government

allAfrica: Aloo H “Kenya: Wealthy Households Add to Kenya Power Theft Migraine” 30 March 2021

Mining

Extractives Baraza: “Tanzania: Petra Diamonds Delays Release of Probe into Human Rights” 31 March 2021

Bizcommunity: Neethling T “LNG production in Mozambique and the political risk of Islamic militancy” 30 March 2021

allAfrica: Oyero E “Nigeria: Shell Confirms Oil Spill in Bayelsa Community” 3 April 2021

allAfrica: Annafo D “Ghana: Mining with Community Development – the Experience of the Newmont Ahafo Development Foundation in Ghana” 30 March 2021

Engineering News: “API, African Energy Chamber sign MoU to expand natural gas and oil standards” 1 April 2021

Water, sanitation, oceans, and chemicals

allAfrica: “Abeco Tanks Provides a Steady Stream of Water in Mozambique” 30 March 2021

Miscellaneous

IISD SDG Knowledge Hub: “WTO Report Highlights Programmes to Strengthen Africa’s Trade Capacity” 29 March 2021

Bizcommunity: “Kenyan eco-friendly footwear brand wins sustainable design contest” 30 March 2021

International

Biodiversity, protected areas, and culture

Nature: Maxman A “WHO report into COVID pandemic origins zeroes in on animal markets, not labs” 30 March 2021

Lexology: “Breaking down biodiversity banking: part four” 29 March 2021

Science: Stokstad E “Birds versus bees: Here are the winners and losers in the great pesticide trade-off” 1 April 2021

Science: Pennisi E “Amid criticism of its conservation policies, Brazil joins global biotrade pact” 29 March 2021

IISD SDG Knowledge Hub: “Progress “Limited” During March Fisheries Subsidies Negotiations” 29 March 2021

Thomas Reuters Foundation: Moloney A “U.N. urges support for ‘best guardians’ of forests to fight climate crisis” 25 March 2021

Thomas Reuters Foundation: Chandran R “Honey-gathering tribe protest against eviction from Indian tiger reserve” 25 March 2021

Thomas Reuters Foundation: Thomas JA “With new law, Brazil seeks to boost payments for protecting nature” 25 March 2021

The Independent: Newkey-Burden C “If Seaspiracy persuades you to stop eating fish in order to save the environment, you are completely missing the point” 1 April 2021

The Independent: Lovett S “Coronavirus ‘very likely’ to have passed to humans from bats via unknown animal, WHO report says” 31 March 2021

The Independent: “Ocean camera network launched to protect wildlife in UK Overseas Territories” 3 April 2021

The Independent: Rampton J “Why the local fish and chip shop is a big threat to shark numbers” 31 March 2021

The Independent: Dunne D “Deforestation: Consumption habits of person in rich country drives loss of ‘four trees each year’” 30 March 2021

Climate change and energy

Lexology: “Now That the Greenhouse Gas Pollution Pricing Act Has Been Determined to be Constitutionally Valid – What Does it All Mean?” [Canada] 29 March 2021

Lexology: “In Split Decision, Supreme Court of Canada Upholds Federal Greenhouse Gas Pollution Pricing Act” [Canada] 29 March 2021

Lexology: “SEC Seeks Public Input on Potential Changes to Climate Risk Reporting” [USA] 30 March 2021

Lexology: “At a glance: natural gas pipeline transportation and storage in European Union” 16 February 2021

Lexology: “Recent Climate Bills in Northern Ireland and the Republic of Ireland” 30 March 2021

Lexology: “Spotlight: climate change law, regulation and policy in Australia” 4 March 2021

Lexology: “A year on for Poseidon Principles” 30 March 2021

Lexology: “Supreme Court of Canada Rules Federal Carbon Pricing is Constitutional” 25 March 2021 – also read here

Lexology: “Supreme Court of Canada upholds the Greenhouse Gas Pollution Pricing Act: the ruling and its consequences” 26 March 2021

Lexology: “A Month of Climate Change Activity Ends with Publication of New York’s First-in-the-Country Climate Change Risk Regulatory Framework” 31 March 2021

Lexology: “Massachusetts Gov. Charlie Baker Signs Comprehensive Climate Change Legislation” 31 March 2021

Lexology: “Offshore Wind Energy Gets Boost from Biden Administration: 30 GW by 2030 Goal” 30 March 2021

Lexology: “Government consults on energy efficiency” 30 March 2021

IISD SDG Knowledge Hub: “Five Working Groups Considering Energy Actions to Recommend at UN Summit” 29 March 2021

IISD SDG Knowledge Hub: “Advancing the SDGs and Accelerating Climate Action Through the Joint Crediting Mechanism” 29 March 2021

The Independent: Dunne D “Majority of economists say benefits of reaching net zero by 2050 outweigh costs, survey finds” 31 March 2021

Bizcommunity: “Wind energy needs to triple to reach net zero by 2050” 29 March 2021

The Independent: Alahmari A “It is the responsibility of oil-producing countries like Saudi Arabia to lead the way in tackling the climate crisis” 2 April 2021

The Independent: Dunne D “Pollution from Europe’s coal plants responsible for ‘up to 34,000 deaths each year’” 3 April 2021

The Independent: Dunne D “Climate progress ‘impossible’ unless rich countries meet funding promises to most vulnerable, says UK minister” 1 April 2021

Environmental enforcement

Lexology: “Green Amendments: A Fundamental Right to a Healthy Environment?” [USA] 30 March 2021

Lexology: “California Takes Steps to Incorporate Environmental Justice into Permitting Decisions” [USA] 29 March 2021

Lexology: “In review: environmental protection regulations in Puerto Rico” 27 February 2021

IISD SDG Knowledge Hub: “Interactive Tool Illuminates Status of National Lead Paint Laws” 31 March 2021

The Law Gazette: Slingo J “Lawyers line up to support Supreme Court contempt barrister” 30 March 2021

Lexology: “Canadian Ombudsperson for Responsible Enterprise Launches Human Rights Complaints Process” [Canada] 29 March 2021

Lexology: “Important decisions in the Victorian planning and environment sphere” [Australia] 30 March 2021

Local government

Lexology: “Chicago City Council adopts Industrial Air Quality and Zoning Ordinance” 24 March 2021

Thomas Reuters Foundation: “Want to create 5 million green jobs? Invest in public transport in cities” 30 March 2021

Thomas Reuters Foundation: Nagaraj A “Pedal power: pioneering Indian city ditches cars for clean air” 27 March 2021

Mining

The Independent: Boyle L “‘Cancer-causing’ chemicals found in children living near fracking well sites following two-year investigation” 31 March 2021

Water, oceans, waste, and chemicals

Lexology: “Significant Hydro-Related Federal Legislation Pending” [USA] 30 March 2021

IISD SDG Knowledge Hub: Parmentier R and Rigg K “Blue Food for Thought: Four New Ideas for Protecting the Ocean” 29 March 2021

IISD SDG Knowledge Hub: “Officials Discuss Ocean Governance, Conservation for COVID-19 Recovery” 29 March 2021

Lexology: “California Water Law: Legal Challenges of Water Supply Assessments” 28 March 2021

Miscellaneous

Lexology: “The winds of change: Implications in 2021 for IFCs” 26 March 2021

Lexology: “5 Things you need to know about Corporate Governance” [Netherlands] 25 March 2021

Lexology: “Sustainable Products Initiative: EU and UK developments” 29 March 2021

Vermont Law School: Emerging Environmental Law Curriculum roundtable series (January to March 2021) You can watch recordings of all three roundtables here

Lexology: “Inaugural Report of Littler’s Global Workplace Transformation Initiative” 30 March 2021

Lexology: “Proposed Revisions to the OSHA Hazard Communication Standard Go Far Beyond Alignment with the GHS” 30 March 2021

Lexology: “Green Leases – What Does the Future Look Like?” [Ireland] 25 March 2021

IISD SDG Knowledge Hub: “World Development Report Urges Strengthened Systems to Tackle Data Inequalities” 29 March 2021

Science: Sokol J “Study finds nowhere on Earth is safe from satellite light pollution” 28 March 2021

IISD SDG Knowledge Hub: “Aid-for-Trade Stocktaking Event Reflects on COVID-19 Impacts, Opportunities for Green, Inclusive Recovery” 31 March 2021

IISD SDG Knowledge Hub: “Ten Principles Aim to Inform Coming Wave of Infrastructure Investment” 29 March 2021

Thomas Reuters Foundation: Moloney A “U.N. urges support for ‘best guardians’ of forests to fight climate crisis” 25 March 2021

Conferences, Workshops, Study Opportunities

National

ELA Screening Club Event: The Adonisi judgment and issues of spatial apartheid surrounding the judgment
Date: 25 May 2021
More information

IMBEWU’s Environmental Law Update Workshop

Online course: To book, email or call us on 011 214 0660
For more information about the course consult the website.

CBSS Training Courses in Water Governance scheduled for 2021

17 – 19 August 2021, in Pretoria
- Refresher (for those who attended previous courses): 19 August 2021
- Early Bird discount applicable until 6 July 2021
- Registration closes 20 July 2021
- Only TWO (2) seats still available
7 – 9 September 2021, near Stellenbosch
- Refresher (for those who attended previous courses): 9 September 2021
- Early bird payment before 20 July 2021
- Registration closes 3 August 2021
- Nine (9) seats still available
Mpumalanga, KZN and Eastern Cape: date and venue to be confirmed, depending on interest

You can register here

NWU: Unit for Continuing Education Short Courses

CEM-05.1.1 Environmental Impact Assessment: 10 – 14 May 2021
CEM-02.1.1 Environmental law: 24 – 28 May 2021
CEM-05.3.1 Environmental Risk Assessment: 7 – 11 June 2021
CEM-03.1.1 Environmental Management Systems: 5 – 9 July 2021

Contact Rosy Moloto: 018 299 2725 / Nonzuzu Seleka: 018 299 1470 for more information

South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC): 10-part series on Climate Change Leadership: Bringing Science, People and Policy Together
Date of first topic: 15 April 2021
Time: 17:30-18:30 – Prof Francois Engelbrecht (Distinguished Professor of Climatology at the Global Change Institute of the University of the Witwatersrand)
Please RSVP to to receive the Zoom link
Additional dates and topics:

6 May 2021: Topic 2: The discomfort of uncertainty and the certain uncertainty of scientific research
27 May 2021: Topic 3: How do people and societies respond (or not) to climate change? Navigating the complexities of human behaviour.
17 June 2021: Topic 4: Looking back, looking forward – can law change the climate change trajectory?
29 July 2021: Topic 5: Who produces CO₂and why? What are the options and technologies for reducing greenhouse gas emissions?
19 August 2021: Topic 6: Increasing pressure, increasing implications for businesses?
2 September 2021: Topic 8: Jobs or the environment? How can climate change responses address the interests of labour?
30 September 2021: Topic 9: Preparing for COP 26 – What does South Africa want from the COP negotiations?
14 October 2021: Topic 10: Where to from here? The role of the next generation and their views on a safe and human world for all

More information available on the SAIFAC Facebook page https://www.facebook.com/SAIFAConline

NWU CLES first Critical Conversation: Legal reflections on South Africa’s meeting of the SDG 11 targets and the state of play in its medium-sized cities
Date: 18 April 2021
Time: 14:00 – 15:15pm
The speaker is Prof Anél du Plessis. Please register for this event by 6 April 2021 at: https://forms.gle/TyUbMmgjWMihi3jr6

Enterprises @ University of Pretoria Online Short Course in Environmental Law
Date: 21 June to 2 July 2021 led by Dr Melanie Murcott
More information

International

IWRA Online Conference: One Water, One Health: Water, Food & Public Health in a Changing World
Date: 7-9 June 2021
Deadline for abstracts: Monday, April 19th, 2021
More information

Summer Environmental and Energy Program at American University, Washington College of Law
Date: 1-18 July 2021
More information email or registration

The George Washington University Law School: The 2021 J.B. & Maurice C. Shapiro Environmental Law Symposium Learning from the Past, Innovating for the Future in Environmental, Natural Resources, and Energy Law
Friday, April 9, 2021
Signup for the Symposium is free and easy just register with this Eventbrite link

Online workshop #7 Time to act – now or never: ESD for 2030 framework and the World Conference on Education for Sustainable Development
Date: 14 April 2021, 12:30 pm GMT+2 (Paris time)
Registration

The 4th Annual Hudson Valley Affordable Housing Virtual Summit Presented by Goldstein Hall, Pace Land Use Law Center, and the Housing Action Council Strengthening our Communities through Affordable Housing
Date: May 11-12, 2021
More information

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News

National

Biodiversity

Marriah-Maharaj J “Look: KZN woman charged for illegally keeping 100 vervet monkeys in small cages” IOL 30 March 2021

Bega S “Poaching is wiping out Africa’s elephants” Mail & Guardian 30 March 2021

Willoughby PR Early humans far from the South African coast collected unusual objects“ Nature 31 March 2021

“Address by Deputy Minister Sotyu at official unveiling of infrastructure developed to advance environmental protection at the Lekgalameetse Nature Reserve in Limpopo” DEFF 30 March 2021

Climate change and energy

Slater D “Treasury seeks comments on proposed carbon offset regulation amendments” Engineering News 1 April 2021

“Minister Barbara Creecy launches South Africa’s Nationally Determined Contribution” Government Statements 30 March 2021

“Have your say on draft climate change NDC” Bizcommunity 31 March 2021

Philips T “South Africa tops G20 coal-reliance list in 2020, report finds” Mail & Guardian 31 March 2021

“Eskom to start up third unit at Kusile coal-fired power station” IOL 31 March 2021

Burger S “Kusile Unit 3 achieves commercial operation” Engineering News 1 April 2021

Maleke D “Fuel, electricity hike on the cards” IOL 31 March 2021

West E “Imports meeting demand as SA oil refineries shut down” IOL 23 March 2021

Creamer T “DMRE delays release of renewables bid documentation” Engineering News 1 April 2021

Silaule Y “Western Cape launches e-booklets to fast-track climate change resilience in agriculture” Engineering News 31 March 2021

Burger S “South Africa requires more than 21 GW of energy storage for least-cost 100% renewables” Engineering News 31 March 2021

“Speaking notes for Minister Barbara Creecy for the Climate and Development Ministerial hosted by the incoming COP 26 Presidency” DEFF 31 March 2021

“Geographical areas for the development of renewable energy development zones gazettes” DEFF 31 March 2021

Environmental: R120bn needed by 2030 for climate change battle
“The government is seeking international support of about R120bn ($8bn) by 2030 to finance its fight against greenhouse gas emissions and make its economy less harmful to the environment. The 12th biggest producer of greenhouse gases, SA has committed itself to improving its target for reducing its projected emissions 28% by 2030. A Business Day report says the money will be used for low-carbon infrastructure and for a just transition to a lower carbon emission economy. The major focus in the years ahead will be on SA’s carbon-fuelled, polluting mega power stations. The proposal for more funding is contained in the updated nationally determined contribution (NDC). A draft was approved by the Cabinet last week for public comment and launched by Forestry, Fisheries & Environment Minister Barbara Creecy yesterday. The NDC sees SA reducing the upper range of its greenhouse gas emission targets for 2025 and 2030 compared with the 2015 NDC targets by 17% and 28%, respectively, ranging from 398m to 510m tonnes of carbon dioxide equivalents in 2025, and from 398m to 440m tonnes CO² equivalents in 2030. After the consultation process, the updated NDC will be submitted to the Cabinet for approval and then to the UN Framework Convention on Climate Change before the 26th international climate change conference in Glasgow, Scotland, in November.” Full Business Day report (subscription needed) Legalbrief 31 March 2021

Local government

Luhanga P “Tired of waiting for government, Dunoon shack dwellers build a sewage system” 1 April 2021

Mutandiro K “Centurion recyclers battle against eviction” GroundUp 29 March 2021

Koko K and Tandwa L “Millions paid out but Bloemfontein roads give no joy” Mail & Guardian 1 April 2021

Criminal: Durban tender rigging case unpacked
“The alleged looting of about R320m from the eThekwini municipality’s coffers via Durban Solid Waste (DSW) tenders was an elaborate plan to solidify former mayor Zandile Gumede’s political stature and endear her to the masses. That was the view of the state, contained in the indictment served on Gumede and 21 other accused in the DSW tender rigging matter last week. The Sunday Tribune reports that the companies and their directors are listed as accused in the matter, including three councillors who were arrested last month. After numerous time extensions, senior prosecutor Ashika Lucken handed memory sticks to legal representatives of the accused, which contained the much-awaited indictment, more details on 2 786 charges, the audit report, telephone records, bank statements and other source documents.” Full Sunday Tribune report (subscription needed) Legalbrief Forensic 1 April 2021

Mining

Yeld J “Aussie mining company fires Mark Caruso as CEO” GroundUp 1 April 2021

Thukwana N “One of SA’s biggest miners has a vaccine plan – if the govt ever allows it to buy its own” Business Insider 3 April 2021

Liedtke S “Renergen completes fifth major milestone at Virginia gas project” Engineering News 1 April 2021

Water, waste, oceans and chemicals

“Levi’s drives awareness around importance of clean drinking water” Bizcommunity 29 March 2021

“Public comment sought on ERP in the waste sector” Bizcommunity 29 March 2021

“Public private collaboration to create a hydrogen valley” Bizcommunity 1 April 2021

“Free State water and electricity challenges to be resolved” SANews 31 March 2021

Miscellaneous

Parker D “Vaccination success key to igniting SA’s infrastructure roll-out” Engineering News 1 April 2021

“Didiza, stakeholders assess progress towards Agriculture Master Plan” SANews 29 March 2021

International

Biodiversity, protected areas, animal rights, and culture

Butler RA “Global forest loss increases in 2020” Mongabay 31 March 2021

“Namibian president caught in new fishing corruption allegations” News24 3 April 2021

“Endangered North Atlantic right whales produce most calves since 2015” The Guardian 3 April 2021

Paddison L “Farmed fish suffer pain and stress, says report that criticises welfare failings” The Guardian 2 April 2021

Carrington D “Climate-concerned gardeners demand UK ban on peat compost” The Guardian 2 April 2021

Foley M “‘No excuse’: Anger as state releases trapped feral horses back into Kosciuszko” Sydney Morning Herald 4 April 2021

Climate change and energy

“EU’s 2030 climate target plan may have overestimated transition costs –report” Carbon Pulse 31 March 2021

“US clean energy standard among proposals in Biden’s $2 trillion infrastructure plan” Carbon Pulse 31 March 2021

Lindsay B “Trans Mountain pipeline expansion will lead to $11.9B in losses for Canada, study says” CBC 31 March 2021

Boyle L “Fossil fuel industry does U-turn on carbon pricing as Biden digs in on climate action” The Independent 26 March 2021

Atkinson E “Climate activists divided over whether Cop26 should still go ahead if online only” The Independent 3 April 2021

Dunne D “Tiny minorities take most flights in countries with highest air travel emissions, report says” The Independent 31 March 2021

Milman O “Rapid global heating is hurting farm productivity, study finds” The Guardian 1 April 2021

Ambrose J “How green is your ‘green’ energy tariff?” The Guardian 2 April 2021

Milman O “US fossil-fuel companies took billions in tax breaks – and then laid off thousands” The Guardian 2 April 2021

Harvey F “Urgent policies needed to steer countries to net zero, says IEA chief” The Guardian 31 March 2021

Iannucci E “Pure Hydrogen looks at waste-to-hydrogen technology” Mining Weekly 1 April 2021

Creamer T “Global energy leaders say jobs must be at heart of people-centred energy transition” Mining Weekly 31 March 2021

Varadhan S “India pushes back deadline for coal-fired utilities to adopt new emission norms” Reuters 2 April 2021

Shalal A “World Bank confirms key elements of new climate action plan” Reuters 2 April 2021

Appunn K “More farming subsidies to be used for climate measures, but devil is in the detail” Clean Energy Wire [Germany] 29 March 2021

Appunn K “Three more German coal power plants to go offline in December 2021” Clean Energy Wire 1 April 2021

“Net-zero carbon pledges must be meaningful to avert climate disaster” Nature 31 March 2021

Environmental enforcement

Negron V “Federal appeals court dismisses NYC environmental suit against Chevron” The Jurist 3 April 2021

Negron V “Supreme Court dismisses ACF Basin case” The Jurist 2 April 2021

“Australian court orders Tianqi Lithium to pay $29m to court fund” Mining Weekly 1 April 2021

Local government

Waingwright E “The dirty secret of so-called ‘fossil-fuel free’ buildings” The Guardian 3 April 2021

Milman O “New York’s outgoing climate tsar hopes Biden can help save city from sea rise” The Guardian 2 April 2021

Mining

Toscano N “Santos gives green light to $4.7b new gas field off Australia” Sydney Morning Herald 30 March 2021

Fabricius P “Total decides on total recall of all staff from troubled Afungi gas project” Daily Maverick 2 April 2021

Fabricius P “SADC grapples with response while mercenaries, energy companies and civilians quit Mozambique’s Islamic State crisis” Daily Maverick 1 April 2021

Redfearn J “’No one explained’: fracking brings pollution, not wealth, to Navajo land” The Guardian 4 April 2021

Slater D “French Supreme Court overturns lower court’s Rusoro damages award” Mining Weekly 1 April 2021

Shukman D “Companies back moratorium on deep sea mining” BBC 4 April 2021

“Greenland to hold election watched closely by global mining industry” Mining Weekly 31 March 2021

Water, waste, oceans and chemicals

“Florida emergency as phosphate plant pond leak threatens radioactive flood” The Guardian 3 April 2021

Licon AG “Potential flood of toxic wastewater prompts state of emergency in Florida” Sydney Morning Herald 4 April 2021

Laville S “Water firms discharged raw sewage into English waters 400,000 times last year” The Guardian 31 March 2021

Kinver M “Then and now: Rising temperatures threaten corals” BBC 2 April 2021

McCarthy J “Mustard gas among toxic waste in Wales’ old landfill sites” BBC 3 April 2021

Arlow C “Recycling: Nitrous oxide canisters littering Wales collected” BBC 4 April 2021

Miscellaneous

Morifi M-J “How every South African can address hunger by reducing food waste and loss” IOL 2 April 2021

Maas C “Federal appeals court allows Missouri to enforce vegan food label law” The Jurist 31 March 2021

Turns A “Five great new green innovations – from pop-up rodent tents to tyre dust traps” The Guardian 3 April 2021

Vacancies, Bursaries, Funding, Opportunities, etc.

National

ELA Student essay competition
Closing date: 31 May 2021
More information

Ndlovu De Villiers Attorneys: Vacancy – Candidate Attorney 2021
NDV is looking to appoint a dynamic and passionate candidate attorney to join their team and to begin articles of clerkship in April or May 2021. Prospective Applicants can apply by submitting: a Letter of Motivation (no longer than 2 pages), detailed CV, academic transcript, two references; and ID Document. Applications can be submitted to: on or before 31 March 2021. If you need any father information from me with regards to this advert please feel free to contact me Akhona Mkhize Office Administrator Tel: 033 001 7521 Cell: 082 437 5841 Fax: 086 272 8791 Email: Website: www.ndvlaw.co.za

North-West University: Faculty of Law Dean
Closing date: 13 April 2021
More information

University of KwaZulu-Natal: College of Law and Management Studies Executive Director and Dean
Closing date: 25 April 2021
More information

2U Editor Cape Town, Western Cape
More information

Robert Walters: Senior Associate
More information

University of KwaZulu-Natal School of Law: Re-Advertisement – L01/2021: Professor/ Associate Professor / Senior Lecturer / Lecturer (5 positions)
Closing date: 8 April 2021
More information

International

Elisabeth Haub School of Law at Pace University invites applications for Visiting Professors for 2021-2022 or for Spring 2022
The Elisabeth Haub School of Law at Pace University is pleased to announce that it is currently seeking applicants for one or more visitors to teach during the 2021-22 academic year or the Spring 2022 semester. Among the courses that the visiting professors might teach are Evidence, Criminal Law, Criminal Procedure, Civil Procedure, Corporations, Torts, Contracts, Securities Regulation, and courses within the Environmental Law Program.
Applications are encouraged from people of color, individuals of varied sexual and affectional orientations, individuals who are differently-abled, veterans of the armed forces or national service, and anyone whose background and experience will contribute to the diversity of the law school. Pace University is committed to achieving completely equal opportunity in all aspects of University life.
All applicants should have excellent academic credentials as well as demonstrated skill and experience in teaching. The position, whether for one or both semesters, is a temporary, non-tenure-track appointment.
Applicants should be willing and available to teach using in-person, remote, or hybrid formats, depending on changing circumstances and the needs of the particular classes.
Please apply via https://careers.pace.edu/postings/17525. Applications will be considered on a rolling basis.
Applications are encouraged from people of color, individuals of varied sexual and affectional orientations, individuals who are differently-abled, veterans of the armed forces or national service, and anyone whose background and experience will contribute to the diversity of the law school. Pace University is committed to achieving completely equal opportunity in all aspects of University life.
For more information, visit the website
Please direct any questions via email to Associate Dean for Academic Affairs, Professor Jill Gross, at .

Rector University of New South Wales

Dean of Law and Justice University of New South Wales

Research Associate in Constitutional Change in Authoritarian Regimes University of New South Wales Faculty of Law and Justice

International Development Coordinator University of New South Wales

Postdoctoral Research Fellow in Social Science Research University of Queensland

Senior Research Fellow in Technology and Law Catholic University of Leuven Faculty of Law

Researcher in IP Law Catholic University of Leuven Faculty of Law

Canada Research Chairs in Smart, Healthy, and Sustainable Communities and Environments Carleton University

Faculty Position in Law Ryerson University Faculty of Law

Associate Professor in Corporate Social Responsibility Roskilde University Department of Social Sciences and Business

Postdoctoral Position in International Law and Governance University of Copenhagen Faculty of Law

PhD Scholarship in Law University of Copenhagen Faculty of Law