ELA Newsletter 2021-15

30 April 2021

Bills

Gas Amendment Bill, 2021 [B9-2021]

Acts

Auditing Profession Amendment Act 5 of 2021 – GG 44493 of 26 April 2021 – commenced 26 April 2021

Legislation

Notices

National Environmental Management Act 107 of 1998 – GN 383 in GG 44504 of 29 April 2021 – Identification of expanded geographical areas of strategic importance for the development of electricity transmission and distribution infrastructure and of procedures to be followed when applying for or deciding on environmental authorisations for large scale electricity transmission or distribution development activities when occurring in geographical areas of strategic importance

National Environmental Management Act 107 of 1998 – GN 373 in GG 44481 of 23 April 2021 – Identification of a Generic Environmental Management Programme relevant to an application for environmental authorization for the development or expansion of gas transmission pipeline infrastructure 

Public Finance Management Act 1 of 1999 – Gen Notice 241 in GG 44508 of 30 April 2021 – Exemption of South African National Roads Agency SOC Ltd (SANRAL) from s. 55 (1) (b) and using GRAP as the reporting framework and to allow the continuance of the IFRS reporting framework for the financial years 2021/2022 and 2022/2023

National Environmental Management Biodiversity Act 10 of 2004 – GN 379 in GG 44492 of 26 April 2021 – Notice of extension of the period to nominate suitable persons as Board members of the South African National Biodiversity Institute in terms of GN 165 published in GG 44219 on 3 March 2021. The nomination period is extended for a period of 14 days from the date of publication of this Notice in the Government Gazette.

South African Weather Services Act 8 of 2001 – GN 377 in GG 44490 of 26 April 2021 –  South African Weather Service members – Extension of period for nominations

National Environmental Management Protected Areas Act 57 of 2003 – GN 378 in GG 44491 of 26 April 2021 – South African National Parks Board members – Extension of period of nominations

Provinces

Eastern Cape

Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000 – LAN 75 in PG 4549 of 26 April 2021 – Port St Johns Local Municipality: Building Regulations By-Law

KwaZulu Natal

Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000 – MN 15 in PG 2276 of 29 April 2021 – uMhlathuze Local Municipality – Amendment of the Spatial Planning and Land Use Management By-law, 2017

Western Cape

Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000 – LAN 21227 in PG 8417 of 30 April 2021 – Cederberg Local Municipality – By-law relating to the Control of Boats and Boating on the Clanwilliam dam

Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000 – Cederberg Local Municipality – LAN 21228 in PG 8418 of 30 April 2021 – Coastal Management By-law

National Environmental Management: Protected Areas Act 57 of 2003 – PN 39 in PG 8420 of 4 December 2020 – Langeberg Local Municipality – Declaration of a nature reserve: Sunshine Nature Reserve

National Environmental Management: Protected Areas Act 57 of 2003 – PN 40 in PG 8420 of 4 December 2020 – Langeberg Local Municipality – Declaration of a nature reserve: Viljoensdrift Nature Reserve

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Cases

National

South African Human Rights Commission and Others v Cape Town City and Others 2021 (2) SA 565 (WCC)
Land—Unlawful occupation—Eviction—Evictions from and demolition of informal dwellings whether occupied or unoccupied—During state of disaster such evictions and demolitions to be in terms of court order only. 

Framatome v Eskom Holdings SOC Ltd 2021 (2) SA 494 (GJ)
Engineering and construction—Dispute resolution—Contractual adjudication—Application for enforcement of adjudicator’s decision—Consequence of adjudicator’s giving decision in respect of dispute that was not referred to him—Distinction between adjudication and arbitration—Rationale for adjudication—Courts to respect and enforce adjudicator’s decision as binding, unless clear case made out that adjudicator had exceeded his jurisdiction

International

Bundesverfassungsgericht: BvR 2656/18, 1 BvR 96/20, 1 BvR 78/20, 1 BvR 288/20, 1 BvR 96/20, 1 BvR 78/20 Order of 24 March 2021 – judgment released 29 April 2021
Constitutional complaints against the Federal Climate Change Act partially successful – for summary in English see here

Publications

National

Department of Mineral Resources and Energy “The Risk Mitigation Independent Power Producer Procurement Programme (RMIPPPP) in Context” (Response April 2021)

Huizenga D “Governing territory in conditions of legal pluralism: Living law and free, prior, and informed consent (FPIC) in Xolobeni, South Africa” 2019 Extractive Industries and Society

Kim Rakhyun E and Kotzé Louis J “Planetary boundaries at the intersection of Earth system law, science and governance: A state-of-the-art review” 2021 RECEIL DOI: 10.1111/reel.12383

Kotzé Louis J and Kim Rakhyun E “Exploring the Analytical, Normative and Transformative Dimensions of Earth System Law” 2021 Environmental Policy and Law DOI 10.3233/EPL-201055

Du Toit Louise, Porras Gabriel Lopez and Kotzé Louis J “Guiding Environmental Law’s Transformation into Earth System Law Through the Telecoupling Framework” 2021 European Energy and Environmental Law Review 104-113

International

New Journal: Frontiers in Climate: Climate Law and Policy

Musiyarira HK, Shava P and Dzinomwa G “An interrogation of the approach to social licence to operate (SLO) on the African continent’ 2021 Extractives Industry and Society https://doi.org/10.1016/j.exis.2020.05.020

World Economic Forum “Fostering Effective Energy Transition 2021 edition” [Report April 2021] [Also see South Africa’s ranking]

Landos M, Lloyd-Smith M, and Immig J “Aquatic Pollutants in Oceans and Fisheries. International Pollutants Elimination Network (IPEN)” (Report April 2021)

Water and Tribes Initiative (WTI) “Universal Access to Clean Water for Tribes in the Colorado River Basin” (Report April 2021)

Hugonnet R, McNabb R, Berthier E et al “Accelerated global glacier mass loss in the early twenty-first century” 2021 592 Nature 726–731 https://doi.org/10.1038/s41586-021-03436-z

Meijer JJ et al “More than 1000 rivers account for 80% of global riverine plastic emissions into the ocean” 2021 7(18) Science Advances DOI: 10.1126/sciadv.aaz580

Qin Y, Xiao X, Wigneron JP et al “Carbon loss from forest degradation exceeds that from deforestation in the Brazilian Amazon” 2021 Nat. Clim. Chang https://doi.org/10.1038/s41558-021-01026-5

Blogs, Discussions, Websites, Videos, ETC

South Africa

Biodiversity, protected areas, culture

Mail & Guardian: Bega S “Khoikhoi versus US giant Amazon” 1 May 2021

Mail & Guardian: Bega S “Thirsty alien eucalyptuses get the chop” 1 May 2021

The Conversation: Helm C “What triangular patterns on rocks may reveal about human ancestors” 25 April 2021

Climate change and energy

amaBhungane: “Powerships: Losing bidder claims ‘blatant corrpution’, fingers Mantashe ‘associate’” 29 April 2021

Bizcommunity: “Research exposes negative economic impact of offshore drilling” 26 April 2021

Bizcommunity: “Lomas arrested in Eskom corruption case” 28 April 2021

Bizcommunity: “South Africa’s green hydrogen potential” 23 April 2021

Engineering News: De Bruyn C and Creamer T “South Africa’s energy transition” 30 April 2021

Local government

Thomas Reuters Foundation: Harrisberg K “Uber pledges to boost safety for South African drivers as accidents rise” 26 April 2021

Thomas Reuters Foundation: Harrisberg K “Crypto power: Can solar panels boost cheap, green homes in South Africa?” 22 April 2021

Water, waste, oceans and chemicals

Webber Wentzel: Rapson G, Novotny P-A and Bleeker E “Doubling Down on Plastic Bag Producers” 28 April 2021

GroundUp: Rafapa M and Evance J “All in a day’s work for reclaimers in Gauteng” 26 April 2021

Africa

Biodiversity

CNN: Mavhunga C “Zimbabwe to sell hunting rights for endangered elephants” 23 April 2021

Council on Foreign Relations: Campbell J “Unanswered Questions Swirl Following Burkina Faso Murders” 28 April 2021 [Legalbrief 30 April 2021]

allAfrica: Oruko I “Kenya: Graft Claims Scuttle Kenyatta’s Mombasa Fisheries Pet Project” 25 April 2021 [Legalbrief Forensic 29 April 2021]

The Nation: Menges W “State wants accused from Iceland for Fishrot trial” 23 April 2021 [Legalbrief Forensic 29 April 2021]

Mail & Guardian: Bega S “Critically endangered blue whale washes up in Walvis Bay” 29 April 2021

Bizcommunity: “IAPF seizes record number of elephant tusks during 2021 so far” 26 April 2021

allAfrica: “Africa: A Beginner’s Guide to Ecosystem Restoration” 30 April 2021

allAfrica: Musinguzi B “Uganda: Ownership Row Threatens Running of Rhino Reserve” 29 April 2021

allAfrica: “Namibia: Locusts Stopped in Their Tracks” 29 April 2021

The Conversation: Patel O “Pasha 105: Two academics weigh in on Botswana allowing elephant hunting” 28 April 2021

BBC: Naadi C “Wildlife trade criminals ‘have moved to West Africa’” 30 April 2021

Climate Change and Energy

Extractives Baraza: Addeh E “Africa: Eni Plans New JVs to Tackle Energy Transition Debts” 27 April 2021

IISD SDG Knowledge Hub: Adeniran Adedeji et al “How can the AfCFTA Improve Energy Efficiency and Access in Africa?” 26 April 2021

Bizcommunity: Chipango EF “Why renewable energy won’t end energy poverty in Zimbabwe” 30 April 2021

Environmental enforcement

Lexology: “In review: environmental protection regulations in Kenya” 4 March 2021

Local government

allAfrica: “Cameroon: Bamenda – Challenges of Clean City Vision” 30 April 2021

Mining

News24: “Chinese mining company accused of drilling in burial ground in Zimbabwe” 27 April 2021

Mail & Guardian: Waruru M “Farmers, civil rights groups oppose Uganda’s oil project” 1 May 2021

Bizcommunity: “Total declares force majeure on Mozambique LNG project” 28 April 2021

Water, waste, chemicals and oceans

Lexology: “Fourth Circuit Holds that Mine Not Liable Under Surface Mining Act When CWA Permit Shield Applies” 22 April 2021

Daily Maverick: Fabricius P “UN Security Council tipped to mediate GERD dispute as tensions rise” 30 April 2021

allAfrica: “East Africa: The AU Should Persevere on the GERD Issue” 1 May 2021

allAfrica: Jacob M “Tanzania Launches Mara River Water Allocation Plan” 30 April 2021

allAfrica: Chidhakwa B “Zimbabwe: Loss of Wetlands Spells Disaster for Harare’s Future Water Supply” 30 April 2021

BBC: Kinver M “Then and now: When silence descended over Victoria Falls” 2 May 2021

Miscellaneous

allAfrica: Vieira A “Angola: 10,000 Flee to Namibia Due to Drought” 30 April 2021

International

Biodiversity, protected areas, and culture

IISD ENB: 16th Session of the UN Forum on Forests (UNFF16) | 26-29 April 2021 | Online

IISD SDG Knowledge Hub: “Innovative Platform Makes Forest Data Available in All 6 UN Languages” 26 April 2021

Lexology: “Critical Habitat Designation Reduced for Northern Mexican Gartersnake” 29 April 2021

IISD SDG Knowledge Hub: “SPREP Report Assesses State of Environment and Conservation in Pacific Islands” 28 April 2021

Yale University’s Pricing Nature podcasts: “Episode 5: The Conservative Case for Carbon Pricing” 22 April 2021

Thomas Reuters Foundation: Løyche Wilkie M and Buszko-Briggs M “Opinion: How do we turn the tide on deforestation?” 27 April 2021

The Guardian: Flanagin J “How did a wildlife lover become one of the bloodiest poachers in California history?” 2 May 2021

The Guardian: Daley P “The story of the Paradise parrot – the only mainland Australian bird marked ‘extinct’” 1 May 2021

The Independent: Singh N “Stop the Illegal Wildlife Trade: Cheetahs to return to Indian grasslands for first time in 70 years” 30 April 2021

Climate change and energy

Thomas Reuters Foundation: Taylor M “For TIME cover, Malaysian artist Red Hong Yi shows a world on fire” 26 April 2021

Extractives Baraza: Palmer I “Oil and Gas Industry Caught in Transition to Renewables – An International View” 27 April 2021

Lexology: “Australia: New APRA climate disclosure guidance issued” 22 April 2021

Connect the Dots Podcast: Verchick R “Energy Justice: Fight the Powers that Be” 21 April 2021

Carbon Tracker: “The Sky’s the Limit: Solar and wind energy potential is 100 times as much as global energy demand” 23 April 2021

Carbon Brief: “Melting glaciers drove ‘21% of sea level rise’ over past two decades” 28 April 2021

Lexology: “Biden Sets Ambitious Goal for Reduction in Greenhouse Gas Emissions by 2030; Recommits US to Battling Climate Change” 28 April 2021

Lexology: “Green mobility in Ireland: Legal Considerations in the Development of Electric Vehicle Charging Infrastructure” 29 April 2021

IISD SDG Knowledge Hub: “Leaders Summit Showcases Clean Energy Commitments to Tackle Global Climate Crisis” 28 April 2021

IISD SDG Knowledge Hub: “P4G from Copenhagen to Seoul: Accelerating Partnerships Towards SDGs, Paris Agreement” 28 April 2021

Carbon Pulse: “Analysis: EU’s post-2050 ‘carbon negative’ target highlights need for removals policy” 28 April 2021

Lexology: “Webinar Recording: Surviving Climate Change: An Introduction to Legal and Practical Considerations” [USA] 20 April 2021

Lexology: “MEPA Office Issues Draft Interim Protocol on Climate Adaptation and Resiliency” [USA] 26 April 2021

The Guardian: Helmore E “End of an era: closure of nuclear plant is pointer for New York’s energy future” 1 May 2021

BBC: Amos J “Climate change: A small green rock’s warning about our future” 28 April 2021

Environmental enforcement

Lexology: “Class action for bodily injury due to environmental pollution” [Israel] 26 April 2021

Lexology: “Environmental Law Review of Case Law and Legislative Developments March 2021” [Canada] 22 April 2021

Lexology: “Brazil: New Regulation Modifies Procedures in Federal Environmental Sanctioning Administrative Process” 22 April 2021

Lexology: “South Australian Supreme Court clarifies in relation to an exception or exclusion to a development offence when the reverse onus of proof will be triggered” 25 April 2021

IISD SDG Knowledge Hub: “Escazu Agreement Takes Effect, Enshrining Right to Sustainable Development” 26 April 2021

Lexology: “Significant Changes to Canada’s Federal Environmental Protection Regime Proposed” 28 April 2021

Lexology: “Environmental Justice to Play Significant Role in Air Permitting Process Under Biden Administration” 28 April 2021

Local government

Thomas Reuters Foundation:  Chandran R “India’s first 3D-printed home offers affordable housing ‘solution’” 28 April 2021

Thomas Reuters Foundation:  Srivastasa R “‘Life is precious’ say Indian migrants fleeing COVID-hit cities” 28 April 2021

Thomas Reuters Foundation: Taylor M “Coroner urges UK to clean up toxic air after London girl’s death” 21 April 2021

Lexology: “New York City’s Local Law 97: Energy Conservation Requirements That Open Opportunities” 23 April 2021

Lexology: “Consumption counts: new proposed performance-based energy rating system for larger commercial and industrial buildings” 28 April 2021

Lexology: “Wind, rain, temperature and construction contracts: how to provide for climate change in your engineering and construction project” [EU] 27 April 2021

Lexology: “European Climate Law” 22 April 2021

Lexology: “Has the CJEU Shut the Door on Climate Change Litigation?” 23 April 2021

The Independent: Cockburn H “Cleaner, greener, quicker, stronger: Is wood the building material of the future?” 2 May 2021

Mining

Extractives Baraza: “Oil and Gas Companies Hedging Production Farther into the Future” 27 April 2021

Extractives Baraza: Ahuja K “Recycling Electric Car Batteries Could Reduce Mining of Metals by Up to 55%” 27 April 2021

Lexology: “Exploring new carbon offset conditions for coal mines” [Australia] 29 April 2021

Water, oceans, waste and chemicals

Lexology: “Update: Ohio Waives Clean Water Act 401 Certification for 16 Nationwide Permits” 25 April 2021

Lexology: “That facility destroyed in 1906 may still be regulated in 2021 under the Clean Water Act of 1972” 29 April 2021

University of Montana Center for Natural Resources and Environmental Policy: “Water & Tribes Initiative | Colorado River Basin

Lexology: “From Maui to Guam to Worcester, MA — Another Clean Water Act Citizen Suit Continues” [USA] 27 April 2021

Lexology: “The Tenth Circuit Reverses Injunction Against Implementation of Federal Navigable Waters Protection Rule” [USA] 23 April 2021

Lexology: “Regulated waste facility in rural Queensland to proceed in light of planning and economic needs, notwithstanding considerations in a new planning scheme” [Australia] 28 April 2021

IISD SDG Knowledge Hub: “Virtual Working Group Issues Proposals for Financing Chemicals Management” 28 April 2021

IISD SDG Knowledge Hub: “Brief Finds Producer Responsibility Laws Reduce Waste, Protect Natural Resources” 28 April 2021

Science: Stone R “After revival, Iran’s great salt lake faces new peril” 29 April 2021

Lexology: “Landelijk Afvalbeheerplan aangepast: verdere verduidelijking omtrent het begrip afvalstof?” [Rural waste management plan adapted: a further explanation of the concept waste] 12 April 2021

The Guardian: Cantu AM “California’s legacy of DDT waste: underwater dump site uncovers a toxic history” 30 April 2021

The Independent: Drury C “More than 1,000 waterways account for 80 per cent of river plastic in world’s ocean, new study finds” 1 May 2021

Miscellaneous

IISD SDG Knowledge Hub: “Little Book of Green Nudges Outlines Steps for Greening Campuses” 26 April 2021

IISD SDG Knowledge Hub: “Global Index Ranks Universities’ SDG Performance” 28 April 2021

IISD SDG Knowledge Hub: “Roundtable Generates Ideas for Centering Women and Youth in UN Decision-Making” 26 April 2021

Lexology: “U.S. House Advances Environmental, Social, Governance Disclosure Bill” 28 April 2021

Lexology: “European Commission publishes communication on sustainable finance and EU taxonomy” 29 April 2021

Lexology: “Report on “Net Zero and the Future of Green Finance” published by Treasury Committee” [UK] 27 April 2021

Conferences, Workshops, Study Opportunities

National

NWU CLES: 1st Annual Prestige Lecture: Kobie Brand (ICLEI) “The role of research, teaching and learning in tertiary institutions for improved local governance in South Africa”
Date: 21 May 2021 at 14:00
Venue: Online event – register here

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

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-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

• 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 CO₂ and 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

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

IAIAsa: Rethinking IEM in pursuit of the Sustainable Development Goals – Save the dates
Date: 17-19 August 2021
Venue: University of Fort Hare: Adjectival Law, Public Law, & Mercantile Law – East London Campus (Ref No. 8027)
More information

South African Energy Efficiency Confederation (SAEEC), Mr Keith Cassie, cordially invites you to submit an abstract for consideration to speak at the 2021SAEEC Conference
Date: 03-05 November 2021
The event will be (HYBRID) virtual platform or in person depending on the Covid restriction at that time of the year. Speaker abstracts will be reviewed and considered by the Technical Programme Committee reserving the right to make recommendations for improvement.
Successful speakers will be invited to present their papers at the conference and have the benefit of full attendance over the 3 days which includes the opening and breakaway sessions, registration pack, proceedings provided that deadlines are adhered to for submission. 2021SAEEC aims to enable discussions around sustainability of resources by providing insightful discussions and information dissemination between small and large businesses so that economic development in the energy industry can be stimulated in Southern Africa.
Abstracts covering The BIG 5 discussion themes in are welcomed for submission:

• Strategies for environmental change – Government activities, all about carbon, funding, grants, incentives, policies, Strategies to beat the blackout, Tools for compliance in 2021
• Energy nexus links – Energy, water efficiency, strategies to manage scares resource, transport, food,
• Sustainable generation and distribution – Renewables, alternative generation, smart grids, storage, Waste to energy, Synergy between wellness and energy efficiency
• Fourth industrial revolution and energy – Internet of Things, technologies, industrial energy management
• The business of energy businesses – Energy services, project management, business case for energy, marketing, PR, writing skills, business finance, understanding the different financial options and how to get them.
  Deadline for submission : 30 June 2021 : 16:00 – Submit your abstract by following this link and complete the application.

International

The Road to COP 26/CMA 3 Preparatory Lecture Series:
Date: 28 May 2021, (EST) / 10:00 (London) / 18:00 (SGT): The Paris Agreement Rule Book: Adding a Glasgow Chapter to the Katowice Package by Petra Minnerop, Associate Professor of International Law, Durham University, Durham Law School
Date: 18 June 2021, 10:00 (London) / 18:00 (Beijing): Advancing Technology Development and Transfer under the Paris Agreement by Stephen Minas, Associate Professor, Peking University School of Transnational Law and Vice-Chair of the UNFCCC Technology Executive Committee
Date: 2 July 2021, 12:00 (London) / 17:00 (Dhaka): The perspective of the Least Developed Countries on Loss and Damage from climate change by Dr Saleemul Huq, Director of the International Centre for Climate Change and Development (ICCCAD) and Professor at the Independent University Bangladesh (IUB)
Date: 30 July 2021 10:00 (London) / 18:00 (SGT) Global Goal for Adaptation for Raising Ambition under the Paris Agreement by Selam Kidane Abebe, Legal Advisor for the African Group of Negotiators under the UNFCCC
Date: 26 August 2021, 10:00 (London) / 18:00 (SGT) Streamlining the Ocean into COP 26 and beyond by Nilufer Oral, Director, CIL-NUS and Member of the International Law Commission
Date: 24 September 2021, 10:00 (London) / 18:00 (SGT) Equity and Fairness in International Climate Change Law by Lavanya Rajamani, Professor of International Environmental Law, Faculty of Law, University of Oxford
Date: 8 October 2021, 10:00 (London) / 18:00 (SGT) The Compensation Question: Loss and Damages by Linda Siegele, Legal Advisor to AOSIS Member States
More information

North American Environment, Energy, & Natural Resources Conference (Special Webinar Edition): Environmental Social Governance (ESG): Major Moves Towards a Sustainable Energy Future
Date: 11 May 2021
Time: 8:30 AM – 12:45 PM (CDT)
Registration

Webinar: [APCEL] Environmental Governance in Shipping: the Quest for Decarbonisation
Date: 6 May 2021
Time: 04:00 PM-5:30 PM in Singapore
Registration

ASU Law’s SRP Sustainability Conference of American Legal Educators (free)
Date: 14 May 2021 8:30 am to 4:00 p.m. PDT
Presentations focus on discrete topics in environmental/natural resources law, energy law, water law, land use law, agricultural/food law, or climate change law.
Registration

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News

National

Biodiversity

Carline A “Judgement reserved in Makhanda versus Grahamstown rename ruling” DispatchLive 26 April 2021 [Legalbrief 29 April 2021]

Booysen C “Concept approval for R4bn River Club development a ’slap in the face’ for indigenous people” IOL 21 April 2021 [Legalbrief Environmental 27 April 2021]

Chambres D “Toads in the hole as Cape Town gets tunnels for amorous amphibians” TimesLive 24 April 2021

Payne S “Hunt for escaped crocodiles continues in Cape winelands tourist valley’” Daily Maverick 30 April 2021

“Creecy to release report on management of wild animals” SA News 20 April 2021

“Statement by Minister Creecy: Release of report of high-level panel 2 May 2021” DFFE 2 May 2021

Climate change and energy

“Powerships: Losing bidder claims ‘blatant corruption’, fingers Mantashe ‘associate’” fin24 29 April 2021

Haffajee F “Mahlobo and Bongo’s former state security adviser a major shareholder in R218-billion powership deal” Daily Maverick 23 April 2021

Carnie T “Covid ‘emergency permit’ for Turkish floating power ships yanked” Daily Maverick 25 April 2021

“Govt has eight weeks to decide on powership project after it clears environmental hurdle” Engineering News 30 April 2021

Winning A “South Africa to lift power generation licence threshold to 10MW” TimesLive 23 April 2021

“RMIPPP preferred bid announcement – a concerning outcome” Daily Maverick 2 May 2021

“DNG Energy takes legal action to halt RMIPPPP” Engineering News 30 April 2021

“Energy performance certificates set to become mandatory for some buildings” Bizcommunity 30 April 2021

“RES4Africa presents new study in support to South Africa energy reform” Bizcommunity 30 April 2021

“Emerging hydrogen industry can help tackle climate change, but complex risks need managing” Bizcommunity 29 April 2021

Creamer T “Future of oil refining in South Africa highly uncertain” Mining Weekly 30 April 2021

Creamer T “Climate commission to build on existing body of work as it finalises South Africa’s ‘just transition’ framework” Mining Weekly 30 April 2021

Burger S “South Africa co-hosts COP26 Energy Transition Council dialogue” Engineering News 30 April 2021

Energy: Risk mitigation IPP programme unpacked
The Department of Mineral Resources & Energy has published a document providing context to government’s risk mitigation independent power producer procurement programme. Enabling the ‘urgent’ procurement of ‘additional generation capacity for the national grid’ in terms of determinations issued in 2020 under section 34 of the 2006 Energy Regulation Act, the programme has apparently identified gas as the ‘cheapest’ option available given government’s commitment to ‘balanc(ing) the energy system’ – although ‘combined renewables and battery energy storage’ are described as ‘competitive’. With that and the development of SA’s ‘gas industry’ in mind, the document refers to ‘shortcomings in the local manufacturing sector’ necessitating provisions in the programme’s bid evaluation process for exemptions from ‘certain’ local content requirements under the 2000 Preferential Procurement Policy Framework Act and 2003 Broad-based Black Economic Empowerment Act. Mineral Resources & Energy Minister Gwede Mantashe announced the names of its eight ‘preferred bidders’ last month. Read full report in Legalbrief Policy Watch 30 April 2021

Environmental: Gas pipeline management programme authorised
A generic environmental management programme for gas transmission pipeline infrastructure development and expansion has been authorised by notice in the Government Gazette. Fulfilling requirements prescribed in the 2014 environmental impact assessment regulations, it applies to infrastructure ‘triggering’ activities listed in notices also gazetted that year. The regulations and lists have since been amended.Read full report in Legalbrief Policy Watch 30 April 2021

Local government

Stent J “What has been granted in the Tafelberg leave to appeal?” GroundUp 30 April 2021

Majola N “Complaints of shoddy workmanship at new multi-million rand housing development” GroundUp 30 April 2021

Rafapa M “Still no water for North West residents” GroundUp 28 April 2021

Ntseko M “City’s animal-keeping policy praised” Cape Argus 29 April 2021 [The policy document is available for perusal and comment via the City’s website, as well as at City Libraries and Subcouncil offices.] [Provided by Anel du Plessis CLES, NWU]

Rafapa M “Promises, promises: the residents of Marikana Soutpan have almost given up hope” GroundUp 26 April 2021

McCain N “Western Cape municipality ordered to comply with provincial probe into maladministration” News24 23 April 2021 [Legalbrief Forensic 29 April 2021]

“Eskom signs Active Partnership with Msunduzi Municipality” Polity 28 April 2021 [provided by Anél du Plessis CLES, NWU]

Gitahu M “City of Cape Town says Table View infrastructure issues on its radar” IOL 30 April 2021

“’Testing is ongoing’ as certain parts of Cape Town complain of smell, taste of water” Engineering News 30 April 2021

Creamer T “eThekwini aiming to conclude first IPP contract in 2022 as city mulls hydrogen role” Engineering News 29 April 2021

Mining

Slater D “Gold Fields ramping up climate change mitigation measures” Mining Weekly 30 April 2021

Slater D “Report reveals poor ESG risk management” Mining Weekly 30 April 2021

Creamer M “Mining policy should be hugely supportive of exploration’s multiplier magic – investor” Engineering News 29 April 2021

Water, waste, oceans and chemicals

Liedtke S “Growing calls for circular economy to be placed at heart of economic recovery” Engineering News 30 April 2021

Burger S “Clarity needed on potential double taxation of plastic bags under new EPR rules, says law firm” Engineering News 30 April 2021

“Deputy Minister of Forestry, Fisheries and the Environment to embark on a district development model visit in the Free State” DFFE 28 April 2021

Odendaal N “More upfront work now needed on water-use licence applications” Engineering News 29 April 2021

Miscellaneous

Hosken G “Hopes of emerging farmers turn to dust” BusinessLive 2 May 2021

Burger S “N2 Wild Coast Road project to support development along key trade corridor” Engineering News 29 April 2021

Prof Bob Scholes of Wits University passed away
“Wits University has just learnt of the passing of Distinguished Professor Bob Scholes, one of the world’s leading scientists on Climate Change. Professor Bob Scholes passed away on the evening of Wednesday, 28 April 2021, following a hike with friends and colleagues. The Wits community is shocked and saddened by the sudden loss of such a giant in the field of climate science, not only in South Africa, but in the world. Professor Scholes was a true leader, a conscientious and dedicated scientist, and a teacher to all. An A-rated scientist and Professor of Systems Ecology at Wits, he served as the Director of the Global Change Institute (GCI). He was among the top one per cent of environmental scientists worldwide, based on citation frequency, and published widely in the fields of savanna ecology, global change, and earth observation. Professor Scholes has led several high-profile studies and held high profile positions in the fields of climate change and environmental studies globally. He has been one of the lead authors in the assessment reports of the Intergovernmental Panel on Climate Change (IPCC) on the present and future impacts of climate change and how we can adapt to, or reduce it. He has also served as a member of the steering committees of several global earth observation bodies. The Wits community is saddened by the loss of Professor Scholes, and extends its sincere condolences to Mary, his family, friends and colleagues, and those who knew him well, during this very difficult time.”

International

Biodiversity

“UN launches AI-based platform for natural capital accounting” Carbon Pulse 29 April 2021

“Brazilian Amazon released more carbon than it absorbed over past 10 years” The Guardian 30 April 2021

Cockburn H “Sizewell C nuclear power station could ‘suck up over 500 million fish’ and harm species including otters and rare natterjack toads, campaigners warn” The Independent 30 April 2021

“California program overestimates climate benefits of forest offsets –study” Reuters 30 April 2021

Climate change and energy

“RFS Market: RIN prices hit record high, while Supreme Court hears biofuel waiver appeal” Carbon Pulse 27 April 2021

“Companies should immediately plan for 2050 GHG removals to secure supply –panel” Carbon Pulse 27 April 2021

“Commission sets the carbon farming initiative in motion” European Commission 27 April 2021

Pollet M “France and Germany unveil green recovery plans” EurActiv 27 April 2021

“Swiss indict 3 over scheme to avert fees on CO2 emissions” The Tribune 26 April 2021

“Washington state passes cap-and-trade, LCFS bills with gas tax caveat” Carbon Pulse 26 April 2021

“EU leaders firm up date to debate climate policy, carbon market expansion” Carbon Pulse 26 April 2021

“Brussels may delay 2030 climate package until July, says senior EU official” Carbon Pulse 20 April 2021

“Germany must tighten post-2030 climate measures, top court rules” Carbon Pulse 29 April 2021 – also read The Jurist / Clean Energy Wire

“German govt aims to implement climate change ruling by Sept – spokesman” Reuters 30 April 2021

Amelang S et al “Landmark ruling from German top court: key climate legislation falls short” Clean Energy Wire 29 April 2021

“Exclusive: German government proposes green funding tool to help industry cut CO₂” Reuters 30 April 2021

“C-Quest adds to African cookstove VER deals with BP agreement” Carbon Pulse 29 April 2021

Ambrose J “Electric vehicles on world’s roads expected to increase to 145m by 2030” The Guardian 29 April 2021

Bousso R “Shareholder advisory group Glass Lewis backs Shell’s climate plan” Reuters 29 April 2021

O’Sullivan K “More than two-thirds of citizens want national climate targets raised – EU poll” Irish Times 29 April 2021

“US Senate restores Obama-era methane controls for oil and gas sector” Carbon Pulse 28 April 2021

“US oil giants return to profitability in Q1 on higher oil prices” IOL 1 May 2021

Profiri I “US Supreme Court hears oral arguments in cases involving Renewable Fuel Standards Program and noncitizen re-entry” The Jurist 28 April 2021

Sherwood H “The man orchestrating climate protest … from a shed in the Hebrides” The Guardian 2 May 2021

Iannucci E “Fortescue commissions largest integrated battery energy storage system” Mining Weekly 30 April 2021

Venter I “Electric car sales jumped by 41% last year; Europe now the largest market” Engineering News 29 April 2021

Simon F and Karaoulanis T “Greece confirms last coal plant will be shut in 2025” EurActiv 26 April 2021

Environmental enforcement

“Vale unit fined over alleged Brazilian environmental irregularities” Mining Weekly 30 April 2021

“Brazil’s Bolsonaro says govt reduced environmental fines for ‘peace and tranquility’” Reuters 2 May 2021

Hewkes S and Jones G “Analysis: Europe’s Green Revolution? Italy’s spending plans raise doubts” Reuters 30 April 2021

Local government

Burgen S “Barcelona installs Spain’s first solar energy pavement” The Guardian 29 April 2021

“House coal and wet wood restrictions come into force in England” The Guardian 1 May 2021

“White House finalizing plan to help polluted communities, council chair says” Reuters 30 April 2021

Frassoni M “New EU buildings rules are crucial to deliver on climate targets” EurActiv 30 April 2021

Mining

“Poland clinches ‘historic’ deal to phase out coal by 2049” DW 28 April 2021

“Poland prolongs Turow mine life despite international outcry” Reuters 28 April 2021

Readfearn G “Clive Palmer coalmine next to Great Barrier Reef rejected by Queensland government” The Guardian 28 April 2021

Arnoldi M “Horizonte ropes in Ramboll for enviro impact study” [Brazil] Mining Weekly 30 April 2021

“Deep-sea mining tests resume after robot rescued from Pacific Ocean floor” Reuters 1 May 2021

“Canadian First Nation, with rare sway over mining, puts Newmont on notice” Reuters 29 April 2021

Water, waste, oceans and chemicals

“OPAL and NextEra Energy Marketing Announce Plans to Build Minnesota’s First Renewable Natural Gas Facility” Cision 28 April 2021

Stephenson SK “Federal appeals court allows Navajo Nation water supply claim against Interior Department to go forward” The Jurist 1 May 2021

Gujral Z “US Supreme Court hears arguments on California nonprofit law, Guam chemical waste site” The Jurist 29 April 2021

Vallangi N “Glacial lakes threaten millions with flooding as planet heats up” The Guardian 2 May 2021

Harvey F “Climate crisis: our children face wars over food and water, EU deputy warns” The Guardian 30 April 2021

Sankaran V “Bacteria could be used to break down polluting microplastics, scientists suggest” The Independent 29 April 2021

“Cost-effective new recycling solution transforms greywater into high-quality fresh water” Engineering News 30 April 2021

“Tonnes of dead fish wash up on shore of polluted Lebanese lake” Reuters 30 April 2021

“S.Korean fishermen hold boat protests against Japan nuclear plans” Reuters 30 April 2021

Miscellaneous

“Climate-friendly farming strategies can improve the land and generate income for farmers” BizCommunity 30 April 2021

Jones H “New standards board targets mid-2022 for global climate company disclosures” Reuters 30 April 2021

Blenkinsop P “EU calls for rethink of GMO rules for gene-edited crops” Reuters 29 April 2021

Vacancies, Bursaries, Funding, Opportunities, etc.

National

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

University of Fort Hare: Adjectival Law, Public Law, & Or Mercantile Law – East London Campus (Ref No. 8027)
More information

International

Corporate Programme Manager, Gold Standard – Remote Working
Closing date: 17 May 2021
More information

Programme Officer, Gold Standard – Remote Working
Closing date: 15 May 2021
More information

Call for applications”PhD scholarship, Institute for Environmental Transitions, Sorbonne University, Paris ‘Governing Biofuels: A Perspective of Environmental Justice’
The Institute for Environmental Transitions at Sorbonne University invites applications for one 3-year PhD scholarship to work on a project combining law, philosophical approaches and ecological sciences in the context of biofuel production. The project is willingly very broad at this stage and is described here.
We are looking for a motivated student who is comfortable with interdisciplinary work. The PhD student will be registered at Sorbonne Université in Paris. The thesis can be written in French or English (but of course the willingness to learn French would be appreciated).
Please send a CV and a brief text expressing your motivations by May 3. A short interview and Q&A session will be held on May 7.
Contact details: S. Barot, Institut de Recherche pour le Développement, ; A. Barberousse, Sorbonne Université, Philosophy Unit, ; L.-A. Duvic-Paoli, King’s College London, Law School, 

Adjunct Lecturer in Business Law Nanyang Polytechnic School of Business Management Singapore

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