14 May 2021
Bills
Draft Occupational Health and Safety Amendment Bill, 2020 – GN R422 in GG 44572 of 14 May 2021 – for comment
Legislation
Notices
Disaster Management Act 57 of 2002 – GN R424 in GG 44574 of 14 May 2021 – Declaration of a national state of disaster published in GN 313 in GG 43096 of 15 March 2020 extended to 15 June 2021
Merchant Shipping Act 57 of 1951 – Gen Notice 275 in GG 44571 of 14 May 2021 – Proposed Regulations Relating to Merchant Shipping (Collision and Distress Signals) Amendment Regulations, 2021 – for comment
Subdivision of Agricultural Land Act 70 of 1970 & Conservation of Agricultural Resources Act 43 of 1983 – GN 276 in GG 44576 of 14 May 2021 – Revised tariffs for services rendered published with effect from 1 April 2021
Conservation of Agricultural Resources Act 43 of 1983 – GN R425 in GG 44575 of 14 May 2021 – Extension of time period to comment and proposed Farm Planning Regulation – for comment
Special Investigating Units and Special Tribunals Act 74 of 1996 – Proc R20 in GG 44572 of 14 May 2021 – Referral of matters to existing special investigating unit in respect of the affairs of the East London Industrial Development Zone
National Environmental Management Act 107 of 1998 – GN 413 in GG 44558 of 12 May 2021 – Regulations to Domesticate the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, 2021
National Environmental Management Act 107 of 1998 – GN 414 in GG 44559 of 12 May 2021 – Regulations are the Regulations Prohibiting the Production, Distribution, Import, Export, Sale and Use of Persistent Organic Pollutants that are listed by the Stockholm Convention on Persistent Organic Pollutants, 2021
National Nuclear Regulator Act 47 of 1999 – GN 417 in GG 44571 of 14 May 2021 – Fees for nuclear authorisations payable to the National Nuclear Regulator of South Africa for the period 1 April 2021 to 31 March 2022
Provinces
Eastern Cape
Draft Eastern Cape Repeal of Agricultural Laws, 2020 – ON 1 in PG 4558 of 10 May 2021 – Explanatory memorandum
KwaZulu Natal
National Environmental Management: Protected Areas Act 57 of 2003 – PN 41 in PG 2285 of 13 May 2021 – Declaration of a protected environment: Elandsberg Protected Environment
National Environmental Management: Integrated Coastal Management Act 24 of 2008 – PN 42 in PG 2285 of 13 May 2021 – Listing of KwaZulu-Natal Public Launch Sites and identified management bodies for each launch site
Gauteng
Local Government: Municipal Finance Management Act 56 of 2003 – PN 316 in PG 133 of 30 April 2021 – Gauteng Provincial Treasury – Consolidated statement on the state of municipal budgets for the quarter ending 31 March 2021
North West
Bophuthatswana Nature Conservation Act 3 of 1973; Cape Nature and Environmental Conservation Ordinance 19 of 1974; and Nature Conservation Ordinance 12 of 1983 – PN 58 in PG 8215 of 11 May – North West Hunting Regulations, 2021 – with effect from 1 April 2021
Western Cape
Western Cape Biodiversity Bill [B 2-2021] – PN 44 in PG 8428 of 10 May 2021 – memorandum on the objects of the Bill – for comment
Western Cape Land Use Planning Act 3 of 2014 – PN 45 in PG 8429 of 11 May 2021 – Department of Environmental Affairs and Development Planning – Authorisation to deviate from provisions of s. 44 (2) (b) of the Act
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Cases
National
Eskom Holdings Soc Ltd v Resilient Properties (Pty) Ltd and Others 2021 (3) SA 47 (SCA)
“Electricity—Supply—Eskom—Duty to supply municipality in default—Whether Eskom entitled to interrupt supply of electricity to municipality for failing to pay for it—Electricity Regulation Act 4 of 2006, s 21(5).”
Altech Radio Holdings (Pty) Ltd and Others v Tshwane City 2021 (3) SA 25 (SCA)
“Review—Grounds—Legality—Self-review—Municipality seeking to review its own decisions to award tender and to enter into agreements pursuant thereto—Delay in bringing review—Whether unreasonable and excusable.”
International
Ehika Fishing (Pty) Ltd v Minister of Fisheries and Marine Resources and Others 2021 (1) NR 142 (HC)
“The High Court had to make a decision on whether the minister’s order regarding fishing quotas constituted ‘reserve’ within the meaning of the Marine Resources Act 27 of 2000. The court held that just because the minister chose to label the quotas’ allocation as ‘reserve’, that did not constitute a ‘reserve’ within the meaning of the Marine Resources Act 27 of 2000 which did not permit the minister, once the fishing quotas had been allocated to the holder of fishing rights for commercial harvesting, to keep the allocated fishing quotas in reserve. By purporting to keep the allocated fishing quotas in reserve, the minister had acted outside the power vested upon him by the Act and that such action amounted to a nullity in law.”
Publications
International
Benjamin L Companies and Climate Change (Cambridge University Press April 2021)
Cousins N and Pittman SJ “Guidance for Defining Ecologically Appropriate Scales of Analysis for Marine Biodiversity in Relation to IFC Performance Standard 6” (Blue Dot Series May 2021)
Camacho Alejandro E, Kelly Melissa L and Ya-Wei Li Ya-Wei Li “The Six Priority Recommendations for Improving Conservation under the Federal Endangered Species Act” (UCI Law Report May 2021)
UNESCO “Learn for our planet. a global review of how environmental issues are integrated in education” (Report 2021)
Blogs, Discussions, Websites, Videos, ETC
South Africa
Biodiversity, protected areas, culture
Mail & Guardian: Bega S “Wildlife owners may target state” 9 May 2021 – read also Sunday Times [Legalbrief Environmental 11 May 2021]
Mail & Guardian: Bega S “Wildlife farming vs Creecy’s panel” 14 May 2021
allAfrica: “South Africa: Govt Prepares to Implement the Forestry Master-Plan” 14 May 2021
Climate change and energy
amaBhungane: Powerships: How the multi-billion-rand tener was (legally) rigged” 14 May 2021
amaBhungane: “Powerships: How the tender kneecapped renewables and favoured gas” 14 May 2021
Mail & Guardian: Phillips T “Rising temperatures will shrink global GDP by mid-century” 10 May 2021
Mail & Guardian: Phillips T “Climate commission maps South Africa’s road to zero emissions” 13 May 2021
IOL: “5 key energy saving tips to help keep load shedding at bay this winter” 10 May 2021
Bizcommunity: Solsters M “Solar PV guidance for facility managers” 11 May 2021
Local government
Mail & Guardian: Bega S “Century Property, Riversands Developments sue Joburg environmentalist for R197mn” 14 May 2021
Mining
Lexology: Leyden P and Morton P “Where next for South Africa’s upstream sector and would-be investors?” 4 May 2021
Extractives Baraza: Moroe N “South Africa: Hearing Loss Is a Neglected Hazard for Miners in South Africa” 10 May 2021
BusinessLive: “Watch: How SA miners are dealing with energy challenges” 6 May 2021
allAfrica: Maluka A “Southern Africa: One Man’s Journey to Save the Okavango” 13 May 2021
Mining Weekly: “Rio Tinto may lose black partners needed to meet South Africa law” 14 May 2021
Water, waste, oceans and chemicals
Bizcommunity: “Constitutional Court dismisses appeal in Hartbeespoort Dam ownership case” 10 May 2021
Mail & Guardian: Bega S “EU-banned pesticides are harming farmworkers in SA” 9 May 2021 [Legalbrief Environmental 11 May 2021]
allAfrica: “South Africa: Water and Sanitation On Drought Status in Eastern Cape” 14 May 2021
Africa
Biodiversity
AllAfrica: Mbathera E “Namibia: Samherji in Hot Water Over Alleged Tax-Dodging in Namibia” 6 May 2021
Bizcommunity: Dzirutwe M “Zimbabwe re-introduces rhinos in Gonarezhou park after three decades” 13 May 201
Bizcommunity: Mersi A “Kenya starts its first national wildlife census” 10 May 2021
allAfrica: Chidhakwa B “Zimbabwe: More Efforts Needed in Fight Against Land Degradation” 13 May 2021
allAfrica: “Namibia: Local Component of Transboundary Community Conservancy Sustainable Wildlife Management Project Launched” 14 May 2021
Climate Change and Energy
Institute for Carbon Removal Law and Policy Youtube: “The Global South in the Imagining of Climate Futures in March 2021” 29 March 2021
Lexology: Bowyer N and Griffen N “Hydrogen and Africa” 10 May 2021
Extractives Baraza: Otieno B “Kenya: State Pursues Land for Lokichar-Lamu Oil Pipeline” 10 May 2021
Bizcommunity: Obulutsa G “Kenya plans to set up emissions trading system” 12 May 2021
The Guardian: Harvey F “Third of global food production at risk from climate crisis” 14 May 2021
Environmental enforcement
allAfrica: Kigongo J “Uganda: Court Backs Nema On Bugoma Sugar Project” 15 May 2021
allAfrica: Bishumba N “Rwanda: Regional Chief Justices Discuss Technology, Environment” 12 May 2021
Local government
Bizcommunity: Holland H and Mahamba F “World Bank signs $500m infrastructure project for Congo’s capital” 13 May 2021
Bizcommunity: Rowling M “Solar minibuses for Africa? Data seen as key to green transport switch” 14 May 2021
allAfrica: Van den Berg R, Otto B and Fikresilassie A “Africa: As Cities Grow Across Africa, They Must Plan for Water Security” 14 May 2021
Mining
New Zimbabwe: “Mineral Prospectors Take Fidelity Printers To Task For Dragging Chitando To Court” 11 May 2021 [Legalbrief Forensic 13 May 2021]
Extractives Baraza: Anami L “Tanzania: East Africa’s Sleeping Giant Stirs Out of Its Slumber Under Samia’s Leadership” 10 May 2021
Bizcommunity: Home A “Cobalt, Congo and a mass artisanal mining experiment” 14 May 2021
allAfrica: Akinpelu Y Nigeria: 77 Percent of Oil Spills in Nigeria Occurred in Only Three States” 15 May 2021
Mining Weekly: “Ethiopia cancels 27 idle mining licences in push for development” 14 May 2021
Water, waste, chemicals and oceans
allAfrica: Otieno F “Kenya: Floods of Death, Destruction in Nairobi” 15 May 2021
allAfrica: “Tanzania: Researchers Initiate Waste Recycle for Economic Gain” 13 May 2021
Miscellaneous
Bizcommunity: Aboa A “Ivory Coast, Ghana push cocoa industry to boost premium payments” 14 May 2021
International
Biodiversity, protected areas, and culture
Lexology: “Service Finds Salamanders Do Not Warrant Endangered Species Act Protection” [USA] 11 May 2021
IISD SDG Knowledge Hub: “UNCTAD-CBD Workshop Explores Role of Legal and Sustainable Trade in Post-2020 Global Biodiversity Framework” 12 May 2021
IISD SDG Knowledge Hub: “Standing Committee Calls for CITES Views to Inform Post-2020 Global Biodiversity Framework’ 12 May 2021
IISD SDG Knowledge Hub: “WTO Aims for Agreement on Fisheries Subsidies in July 2021” 12 May 2021
IISD SDG Knowledge Hub: “Five A’s of the Coral Reef Indicators” 12 May 2021
Thomas Reuters Foundation: Bacchi U “Dispute over COVID-19 deaths pits indigenous Brazilians against gov’t” 5 May 2021
Thomas Reuters Foundation: Bacchi U “Forests as big as France have grown back since 2000, research shows” 12 May 2021
Science: Wessel L “Following whale deaths, Chilean researchers call for greater protections” 11 May 2021
Lexology: “USFWS Proposes to Reverse Course (Again) Regarding Incidental Take Under the Migratory Bird Treaty Act” [USA] 12 May 2021
Lexology: “Supreme Court’s order on laying of underground power transmission lines in GIB habitats in Gujarat and Rajasthan” 5 May 2021
UNEP: “UN launches the first artificial intelligence tool for rapid natural capital accounting” 29 April 2021
IISD SDG Knowledge Hub: Tsioumani E “Biosafety: Ensuring the Safe Use of Modern Biotechnologies” 101 May 2021
BBC: Parker V “Nature: Throwing money at biodiversity schemes is ineffective” 12 May 2021
Climate change and energy
Youtube: “These Trees Are Not What They Seem” 20 April 2021 [The story of how the Nature Conservancy, the world’s biggest environmental group, became a dealer of meaningless carbon offsets.] read Burns W’s article in this regard
Lexology: “Driving climate-friendly innovation through the patent system” 10 May 2021
Lexology: “Reshaping Climate Change Law” [Germany] 10 May 2021
IISD SDG Knowledge Hub: “Key Summits Pave Way to Glasgow Climate Change Conference” 12 May 2021
IISD ENB: High-Level Dialogue on Energy Technical Working Groups | 22 February – 26 May 2021 | Online UN General Assembly
Thomas Reuters Foundation: Behrens P “Opinion: Will renewable power take too much land? Probably not” 7 May 2021
Thomas Reuters Foundation: Moloney A “Pandemic derails Caribbean islands’ bid for greener, cheaper energy” 11 May 2021
The New York Times: Friedman L “Biden Administration to Repeal Trump Rule Aimed at Curbing E.P.A.’s Power” 13 May 2021
Science: Voosen P “Landmark study casts doubt on controversial theory linking melting Arctic to severe winter weather” 12 May 2021
Acore: “Report: Transmission Investment Tax Credit Would Create 650,000 Jobs, Spur $15.3B in Investment” [USA] 13 May 2021
Lexology: “On-site generation of industrial electricity and heat: What should plants know before investing in their own energy sources?” [Poland] 6 May 2021
Lexology: “Victorian Government announces a package to lift Zero Emissions Vehicle uptake” [Australia] 13 May 2021
Climate Protection & Restoration Initiative: Carbon Dioxide Removal / Negative Emissions Technologies Bibliography
Institute for Carbon Removal Law and Policy webinar recording: “New and Emerging Legislation Opportunities for Carbon Removal in the US” February 2021
Institute for Carbon Removal Law and Policy Blog: “ICRLP Webinar Series: “The Global South in the Imagining of Climate Futures: A Conversation with Kim Stanley Robinson and ICRLP’s Olúfẹ́mi O. Táíwò” 13 April 2021
Institute for Carbon Removal Law and Policy Blog: Corpora I “A Praise for Basalt Potential: In situ mineral carbonation” 13 March 2021
Institute for Carbon Removal Law and Policy Blog: Corpora I “Net-zero finance? An investor’s guide to a net-zero portfolio” 18 March 2021
Institute for Carbon Removal Law and Policy Blog: Morrow D et al “United Airlines is Investing in Direct Air Capture, What Does That Mean?” 11 December 2020
ScienceDaily: “Global glacier retreat has accelerated” 29 April 2021
Lexology: “New York Department of Financial Services Issues Proposed Guidance on Managing the Financial Risks from Climate Change” 10 May 2021
Lexology: “Australia: Amendments to the NGER scheme proposed for hydrogen, enhanced oil recovery, and oil and gas fugitive emissions” 11 May 2021
The Guardian: “Weatherwatch: does nuclear power really keep the lights on?” [UK] 15 May 2021
BBC: Macauly C “Stormont moves NI’s first ever climate change bill to next stage” 11 May 2021
Carbon Brief: Poncia A et al “Guest Post: Why the low carbon transition may be much cheaper than models predict” 12 May 2021
Environmental enforcement
Pathway to the 2022 Declaration: Law is a driving force that makes it possible to protect the environment while maintaining the economy and the development. It is our responsibility to strengthen international environmental law and adapt it to environmental and development challenges. The “Pathway to the 2022 Declaration Blog” is written “by jurists for diplomats” to feed the ongoing discussions with legal proposals.
Lexology: “EPA Issues Memorandum Outlining Environmental Justice Enforcement Plans” 11 May 2021
Lexology: “Environmental Outlook: Environmental Audits – A Key Risk Management Tool for the Regulated Community” [USA] 11 May 2021
Lexology: “Failed to submit a view? An appeal of an interested party against an environmental or spatial planning decision is nevertheless admissible” 11 May 2021
Lexology: “A new era of environmental law – ThinkHouse Foundations” [UK] 13 May 2021
Lexology: “Major Reforms Proposed to Australia’s National Environmental Laws – Will These Reduce “Green Tape” and Be Sufficient to Address the Current Trajectory of Environmental Decline?” 10 May 2021
Lexology: “The new General Environmental Duty – What does this mean for directors?” [Australia] 11 May 2021
Lexology: “Environment and Planning 5 Minute Fix 13: climate change, waste, sustainable development and environmental protection” [Australia] 13 May 2021
Lexology: “The Conscience of the Fictional Reasonable Person and the Concept of “Doing the Right Thing” – Their Impact on Directors Duties” [Australia] 12 May 2021
Local government
Lexology: “Ann Al-Bahish in Law360: ‘Indoor Air Pollution Fix Will Require New Laws, New Tech’” 11 May 2021
Thomas Reuters Foundation: Srivastava N “As COVID-19 ravages India, a slum succeeds in turning the tide” 12 May 2021
Thomas Reuters Foundation: Elks S “COVID-19 seen slowing city shift to green transport” 12 May 2021
Thomas Reuters Foundation: “Watch out for hackers, Britain’s spy agency tells smart cities” 7 May 2021
Lexology: “City of Chicago Complies With EPA Request to Suspend Permit Review” 12 May 2021
ICLEI Ecomobility: Creating sustainable cities through low carbon freight
ICLEI: Zhang Y “The future of urban freight transport: Enabling data sharing to support decision-making” 3 May 2021
Mining
Sustainable Minerals Institute: “Addressing the challenges of mine waste” 11 May 2021
Sustainable Minerals Institute: “New program focuses on mining as an agent for change” 11 May 2021
Sustainable Minerals Institute: “High Reliability Organisations (HRO) Forum” March 2020 – recordings etc now available
Sustainable Minerals Institute Podcast: “Brief remarks from the CESCO-Copper Mark Roundtable on Climate Change: Risks and Opportunities” 4 May 2021
Extractives Baraza: “Capturing Methane from Oil and Gas Operations Is Doable and Profitable” 10 May 2021
Extractives Baraza: “Cleanup Efforts of Mining-Polluted Streams Prove Effective Over Time – Study” 10 May 2021
Extractives Baraza: “Low Carbon World Needs $1.7 Trillion in Mining Investment” 10 May 2021
Mining Weekly: Creamer M “New technologies transforming mining, metals industry – ICMM” 14 May 2021
Water, oceans, waste and chemicals
Lexology: “EPA Emphasizes Environmental Justice Considerations in Toxic Reporting Program Updates” 11 May 2021
IISD SDG Knowledge Hub: “Experts Call for Chemical Accident Prevention in Beyond 2020 Framework” 10 May 2021
Science: Stokstad E “Shipping rule cleans the air but dirties the water” 13 May 2021
Lexology: “Decarbonisation in the shipping and trading industry – can climate-conscious drafting help provide a solution?” 12 May 2021
Lexology: “Summary of New Indiana Wetlands Law Signed by Governor Holcomb” 10 May 2021
Miscellaneous
Lexology: “German Government Announces That It Will Establish Reporting Requirements for Sustainability” 11 May 2021
Lexology: “Litigation and Regulatory Considerations and Risks for Financial Market Participants in a Post-Pandemic Society” [USA] 12 May 2021
Lexology: ““100g of mealworm please!” – First insect approved under the Novel Foods Regulation” [EU] 11 May 2021
Lexology: “EU adopts Corporate Sustainability Reporting Directive” 11 May 2021
IISD SDG Knowledge Hub: “Draft HLPF Declaration Reveals Progress on SDGs Under Review” 12 May 2021
IISD SDG Knowledge Hub: “UN Forum Aims to Embed Risk, Resilience and Climate in Development Cooperation” 12 May 2021
Nature: Maxmen A “How the world failed to curb COVID” 12 May 2021
Nature: Girardin CAJ et al “Nature-based solutions can help cool the planet — if we act now” 12 May 2021
Lexology: “How Green is My Food? – Greenwashing Claims in the Food Sector” 29 April 2021
IAIA Virtual Symposium 2021: Our Interconnected World: Impact Assessment, Health, and the Environment – tracks can be purchased
IAIA: Online proceedings from New Zealand SIA conference “Assessing social impacts for improved decision making” has online proceedings available. Check out the presentations and posters here.
UNESCO: “Start acting by learning for our planet” 11 May 2021
IISD SDG Knowledge Hub: “COVID-19 Response and Ministerial Preparations Take Center Stage at WTO General Council” 10 May 2021
Lexology: “Transparency and reporting in project financings” [USA] 6 May 2021
Lexology: “It’s a (Green) Deal: More legal certainty promised for green business collaborations” [EU] 6 May 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
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-05.3.1 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
- 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 National Conference: Re-thinking IEM in pursuit of the sustainable development goals: 1st call for presentations
Date: 17-19 August 2021
Call for abstracts here – Abstract deadline: 4 June 2021
Mandela Institute: Data protection in South Africa: The potential impact of data localization on South Africa’s project of sustainable development
Date: 28 May 2021
Time: 15:00-16:30
Registration by 27 May 2021
More information – contact Magda Janse van Noordwyk
SARIMA Online Conference: Embracing Change in a Shifting World | Managing Openness, Collaboration, Sharing and Benefit in Research and Innovation
Date: 26 – 29 October 2021
More information
Historical Inequalities and Economic Transformation in South Africa: Africa – France Dialogues
Date: 20 May 2021 09:30
Register to participate
The Royal Society of South Africa and the Academy of Science of South Africa Free Webinar: Prof William Boyd Beyond the forest edge: understanding open ecosystems
Date: Wednesday 19 May 2021
Time: 5pm
Join Zoom Meeting: Meeting ID: 847 1639 5142 | Passcode: 265368
SAEEC: De-mystifying and unlocking finance solutions to create a sustainable tomorrow
Date: 20 May 2021
Time: 10:00-12:00 (online)
Registration
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
IUCN AEL 2021 Groningen Colloquium Registration
Date: 28 June 2021 – 2 July 2021
Register here
FREE webinar introduces the new British Standard on natural capital accounting
Date: 15 June at 14:00 – 15:30 UK time
Registration
10th Australian Workshop on Acid and Metalliferous Drainage (AMD)Virtual Workshop
Date: 22 – 25 June 2021
Registration
IWRA Online Conference: One Water, One Health: Water, Food & Public Health in a Changing World (Free conference)
Dates: 7-9 June 2021
Registration
Call for Panels and Presentations: 1st Annual Conference on Carbon Removal Law and Policy: Exploring Ocean-Based Approaches to CDR – online
Date: 21 September 2021
Submissions for panel sessions or individual presentations accepted until 18 June 2021
More information
Institute for Carbon Removal Law and Policy: Webinar in the Explainer Series Net Zero Targets; The Good, the Bad and the Ugly
Date: 26 May 2021 11 am EDT
Registration
New York Academy of Science Webinar: A World Powered by Renewable Energy
Date: 25 May 2021 11:30 AM – 12:45 PM EDT
More information and registration
IAIA’s 12-week “Foundations of Impact Assessment” online course
Dates: 4 June through 3 September 2021
Registration is open through 4 June or until filled. Limited bursaries are available but typically fill within days. More information
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News
National
Environmental enforcement
CER: The long-awaited court hearing of the ‘Deadly Air’ Mpumalanga
Melissa Fourie (CER) wrote via email as follows:
On Monday, the Pretoria High Court will start to hear the “Deadly Air” court case. This case is the result of a decade of work by CER, our partners, activists and communities to address the toxic air quality on the Mpumalanga Highveld, and the devastating health impacts of the pollution on the lives of people living there. Our clients, the applicants in the case, are the community group Vukani Environmental Justice Movement in Action, based in Emalahleni (Witbank), and our Life After Coal campaign partner and environmental justice group groundWork. The applicants are asking the court to declare the polluted air on the Highveld – primarily from Eskom’s 12 coal-fired power stations, Sasol’s coal-to-liquid Synfuels plant in Secunda, and its NATREF refinery in Sasolburg – a violation of the Constitutional right to a healthy environment. They are also asking the court to order government to promulgate regulations to enforce the Highveld Priority Area Implementation Plan. The government, represented by the Minister of Environment, has denied that the government has failed to uphold Constitutional rights. United Nations Special Rapporteur on Human Rights and the Environment, Prof David Boyd, has been admitted by the court as an amicus curiae (friend of the court) in the case. Special Rapporteurs are independent human rights experts tasked to report and advise on human rights issues. Prof Boyd is represented by public interest law organisation Lawyers for Human Rights. The case will be heard in a virtual hearing before Judge Collis, starting at 10am on Monday, and is set down for 3 days. The judge’s registrar is keeping the gate – if you are keen to join, please let us know and we’ll see what we can do. Usually the “gate” becomes a bit easier to get through as the case progresses. The court papers are here. We will issue a media release on Monday morning. You can watch short video clips featuring some of the activists from Vukani Environmental Justice Movement in Action here.
Climate change and energy
Creamer T “‘Right policy changes’ could ignite R150bn in electricity investment by private firms” Polity 10 May 2021 [Legalbrief 11 May 2021]
Creamer T “Nersa urges stakeholders to join it in opposing Eskom’s latest court challenge” Polity 10 May 2021
Hugo R “South Africa’s carbon emission targets not nearly ambitious enough” GroundUp 10 May 2021
“Petroleum Bill has lift off at last” Bizcommunity 14 May 2021
Arnoldi M “Upstream Petroleum Bill nears finalisation” Mining Weekly 14 May 2021
“First CSP molten salt tower expected to electrify 210,000 SA homes during peak demand periods” Bizcommunity 12 May 2021
“Cederberg wine farm installs solar energy plant to lower carbon footprint” Bizcommunity 10 May 2021
Creamer T “Sasol moves to sell big stake in Rompco pipeline to a Reatile-led consortium” Engineering News 14 May 2021
Slater D “Creecy assures South Africa will contribute to global climate change mitigation efforts” Engineering News 14 May 2021
“Nersa to assess new NPA between Eskom, Hillside smelter” Engineering News 13 May 2021
“Deputy President commends progress at Kusile Power Station” SANews 14 May 2021
Local government
Ngubane N “Imbali brought to standstill by fury over electricity cut” GroundUp 14 May 2021
Ngubane N “Graves “desecrated” for land occupation in Pietermaritzburg” GroundUp 13 May 2021
Damba-Hendrick N “Protesters dump rubbish inside City depot” GroundUp 12 May 2021
Mbovane T “Two months without water in settlement for elderly and people with disabilities” GroundUp 10 May 2021
Pheto B “City of Joburg withdraws controversial proposal for prepaid electricity surcharge” TimesLive 15 May 2021
Slater D “District Development Model seen as key to tackling delivery backlogs” Engineering News 14 May 2021
Arnoldi M “Western Cape asks public for input on Inclusionary Housing Policy Framework” Engineering News 14 May 2021
Silaule Y “National Treasury partners with HSRC to build analytical capabilities within metros” Engineering News 14 May 2021
“’Future-proofing’ infrastructure is key to better dealing with flooding in SA – expert” Engineering News 13 May 2021
Mining
Moodley N, Watson K and Johnson S “Tackling HIV in the mining industry – new guidance from DME” Bizcommunity 13 May 2021
Keenan J “Are businesses ready to attract tomorrow’s investors?” Bizcommunity 11 May 2021
“PTM to oppose appeal against Waterberg mine’s enviro authorisation” Mining Weekly 14 May 2021
Environmental: Greens object to fracking water use regulations
“Environmental lobby groups have expressed ‘shock’ at the government’s proposed fracking water use regulations as reported in Legalbrief Policy Watch. According to a Beeld report. Avena Jacklin, of groundWork, described the regulations as both ‘a crime’ and ‘unconstitutional’. She said her organisation will continue to lobby for a ban on fracking. ‘It will pollute all our water resources while some 20m litres of water is used every time a borehole (for fracking) is drilled.’ Within days of the publication regulations for comment, Judy Bell, of the group Frack Free South Africa, wrote to deputy DG in the Water Department, Anil Singh, expressing alarm at the regulations. Bell pointed out in her objection the Eastern Cape is experiencing water shortages and floods. Those irregular patterns and preserving water resources for future generations should form the subject the department’s work, Bell said. The regulations require the water licence holder to declare a list of all chemicals to be used in the process. Environmentalists are, however, sceptical that companies would do so. Comment on the water use regulations are sought until 7 June.” Full Beeld report (subscription needed) [Legalbrief 13 May 2021]
Water, waste, oceans and chemicals
Dyongman L “We want to move back to the dump site, say former landfill residents” GroundUp 12 May 2021
Slater D “Understanding, implementation of circularity needed to overcome waste crisis – panel” Engineering News 13 May 2021
Burger S “Solidarity to give water dept until May 17 to present alternatives to employing Cuban engineers” Engineering News 13 May 2021
Miscellaneous
Dhlamini S “Democratic local government has not adequately fulfilled its developmental role – Dlamini-Zuma” Polity 14 May 2021
Finance: Absa first in Africa to adopt ‘green loan’ principles
“Absa will become the first bank in Africa to extend loans for biomass and other renewable projects under a new sustainable financing programme based on ‘green loan principles’ using money from the World Bank. BusinessLIVE says the deal will see the International Finance Corporation — a division of the World Bank focused on the private sector in emerging markets — extending the group a loan of up to $150m (about R2.1bn) for exclusive use in predefined green projects. The projects and the specific way in which Absa must report on the uses of the funding are detailed in a set of ‘green loan principles’ developed by the Loan Market Association (LMA), says Absa group treasurer Deon Raju. The LMA is a global network of institutions comprising commercial and investment banks, institutional investors, and service providers that exists to develop recognised standards and practices for lending. According to LMA’s principles, the fundamental determinant of a green loan is the use of proceeds. Besides the obvious application of financing renewable energy projects, loans meeting the definition can also be made for projects enhancing energy efficiency, the sustainable management of natural resources, aquatic biodiversity conservation and ‘clean’ transportation, to name a few.” Full BusinessLIVE report Legalbrief Environmental 11 May 2021
International
Biodiversity
“Researchers offer more on study questioning California forestry protocol as developers spot flaws” Carbon Pulse 14 May 2021
“California and the West are in for another tough fire year, federal officials forecast” Los Angeles Times 13 May 2021
Fleshler D “Florida plans to kick sea turtle rescuers off the beach, calling them a threat to environment” Yahoo 8 May 2021 – also see here
Briggs H “Forests the size of France regrown since 2000, study suggests” BBC 11 May 2021
Tondo L “Remains of nine Neanderthals found in cave south of Rome” The Guardian 8 May 2021
Stephenson SK “UK law to recognize animals as sentient beings” The Jurist 14 May 2021
Stephenson SK “South Korea fisheries sue Japan over plans to release radioactive water into sea” The Jurist 14 May 2021
“Dingo fence to be built on Fraser Island after attacks on children” The Guardian 15 May 2021
Paddison L “A starfish is born: hope for key species hit by gruesome disease” The Guardian 15 May 2021
“Eighteen elephants found dead in Indian forest reserve” The Guardian 14 May 2021
Cox L “Environment department tried to bury research that found huge underspend on Australian threatened species” The Guardian 13 May 2021
Okiror S “Campaigners lose court case to stop Ugandan forest clearance” The Guardian 13 May 2021
Cockburn H “Enormous tree-planting push will turn farmland into forests to hit net-zero goals” The Independent 11 May 2021
Cockburn H “Human impact on global land four times greater than previously thought, new research reveals” The Independent 11 May 2021
Pressly L “’Cocaine of the sea’ threatens critically endangered vaquita” BBC 13 May 2021
“Inside effort to save critically endangered totoaba fish” BBC 13 May 2021
Climate change and energy
“Power and industry emissions curbs face significant tightening under amended German climate law” Carbon Pulse 12 May 2021
“UK plans for in-person COP26 climate summit, explores COVID safeguards” Carbon Pulse 14 May 2021
“Carbon removal experts support splitting “net zero” into twin targets” Carbon Home News 11 May 2021
“Spanish parliament approves clean energy bill” Euractiv 14 May 2021
“US environmental agency releases climate report delayed by Trump” BBC 14 May 2021
Chestney N “Global renewable energy grew at fastest pace in two decades in 2020 – IEA” Reuters 11 May 2021
Beres LR “American Nuclear Strategy: A Complex Problem of Law and Intellect” The Jurist 12 May 2021
Brem H “EU Parliament environmental committee approves climate change law” The Jurist 12 May 2021
Williams K “France Senate amends constitutional bill on climate change and biodiversity” The Jurist 11 May 2021
Ambrose J “Record metals boom may threaten transition to green energy” The Guardian 15 May 2021
“A green recovery bond will enable the government to fund its climate pledges” The Guardian 15 May 2021
Carrington D “Climate emissions shrinking the stratosphere, scientists reveal” The Guardian 12 May 2021
Dunne “Climate activists launch legal challenge against government over North Sea oil and gas support” The Independent 12 May 2021
Cockburn H “UK farmers failing to adapt to extreme weather brought by climate crisis, study finds” The Independent 12 May 2021
Dunne D “World must immediately ‘abandon coal’ and scrap new petrol cars by 2040 if it is to meet climate goals, UK says” The Independent 14 May 2021
Sommerlad J “Why does Bitcoin mining use so much energy from fossil fuels?” The Independent 14 May 2021
Cockburn H “‘Antarctic monsoons’ could occur in dramatic chain reaction of extreme weather, scientists warn” The Independent 14 May 2021
“Electric cars: Cardiff ‘needs 9,900 more charging points by 2025’” BBC 13 May 2021
“Merkel rejects bringing forward Germany’s exit from coal” Reuters 15 May 2021
Sheldrick A “Coal industry sees relevance in tech embraced by Paris climate agreement” Reuters 14 May 2021
“Spain logged hottest year on record in 2020” Reuters 14 May 2021
Environmental enforcement
Brem H “EPA repeals Trump-era Clean Air Act restriction” The Jurist 14 May 2021
Profiri I “UK police arrest environmental movement founder after protests against financial institutions” The Jurist 12 May 2021
Rosa-Aquina P “EPA shuts polluting Caribbean refinery reopened under Trump” The Guardian 15 May 2021
“China detains 95, punishes 2,500 firms in latest environment probe” Reuters 15 May 2021
“Brazil’s lower house passes bill to ease environmental permits” Reuters 13 May 2021
Local government
“Asia is home to 99 of world’s 100 most vulnerable cities” The Guardian 13 May 2021
Harrabin R “Ignore hype over hydrogen heating, government told” BBC 14 May 2021
Murray J “‘It’s terrifying’: the English village overwhelmed by landfill stink” The Guardian 11 May 2021
Yeates F “Banks’ climate push is more than just hot air” Sydney Morning Herald 15 May 2021
“Eco-friendly cycling shed lands family in trouble with council” BBC 13 May 2021
Mining
Hyland C “‘Savage blow’: Coal companies hit back over banks’ flight from fossil fuels” Sydney Morning Herald 15 May 2021
Water, waste, oceans and chemicals
Laville S “Water firms are main source of microplastics in UK rivers, study says” The Guardian 13 May 2021
Perkins T “Study finds alarming levels of ‘forever chemicals’ in US mothers’ breast milk” The Guardian 13 May 2021
Perkins T “Chemical giants hid dangers of ‘forever chemicals’ in food packaging” The Guardian 12 May 2021
Miscellaneous
Pereira MJ “EU ministers in search of consensus on sustainable tourism” Euractiv 14 May 2021
Vacancies, Bursaries, Funding, Opportunities, etc.
National
NWU CLES NRF Chair: 2022 Doctoral, Masters and Final Year LLB Bursaries | CLES Chair
Interested South African law students who want to register for a fulltime LLD, PhD or LLM study at the South African Research Chair in Cities, Law and Environmental Sustainability (CLES) in 2022, should email a cover letter, CV and full academic record to Bernalee Anthony () no later than 21 May 2021. For the work of CLES see: http://law.nwu.ac.za/sarchi-cles-chair.
University of Stellenbosch Faculty of Law: Post-doctoral fellowship: 1 June 2021 – 31 May 2022
The Faculty of Law has a post-doctoral fellowship available. These fellowships are awarded for a year. The fellowship may resort under any department within the Faculty of Law, but preference will be given to a fellowship in the broad discipline of Private Law.
The primary responsibility of the successful applicant will be to participate in the research programme, publish in accredited academic journals and attend academic conferences. The fellow will not be expected to undertake any teaching responsibilities in the Law Faculty but may be required to undertake limited postgraduate supervision and research administration tasks.
Requirements:
- A doctoral degree (LLD), which had to be obtained not prior to 1 June 2016.
- The successful candidate may not hold another full-time or part-time job at the same time and may not undertake any other work for remuneration. (Limited accommodation is available with regards to part-time external work.)
- Good computer skills (MSWord, Internet research skills).
- Fluent (reading, writing and speaking) English; second and third languages are an advantage.
- The successful candidate must be able to work full-time in Stellenbosch for the duration of the fellowship. However, due to COVID-19 restrictions the Faculty is currently still operating in a hybrid format.
- Persons from under-represented groups (race, gender, culture or otherwise) are particularly encouraged to apply.
- The applicant must submit a research plan, which clearly indicates the focus of research as well as planned outputs.
The post-doctoral fellowship package includes:
- A fellowship of R200 000 for a year
- A working space and laptop computer
Please note that postdoctoral fellows are not appointed as employees and are thus not eligible for employee benefits. Postdoctoral fellowships are also awarded tax free. Send an application letter and supporting materials (including a proposed research plan) to Ms Yolandi Filander, Faculty of Law, Stellenbosch University, at by 28 May 2021. Applicants may be expected to attend an interview (in person, by telephone or Teams).
University of KwaZulu-Natal: College of Law and Management: Post Doctoral Research Scholarships: 2021 (10x)
Closing date: 28 May 2021
More information
Vacancy : Environmental and Mining Legal Consultant : South Africa
Closing Date: 31 May 2021
Vacancy : Environmental Consultant : East, London, Eastern Cape
Closing Date: 12 May 2021
Vacancy : Senior Environmental Assessment Practitioner : Johannesburg (Roodepoort)
Closing Date: 19 May 2021
Vacancy : Senior Environmental Consultant : Bryanston, Johannesburg
Closing Date: 31 May 2021
Vacancy : Social Scientist : South Africa
Closing Date: 31 May 2021
Vacancy : Sustainability Consultant : Anywhere
Closing Date: 31 May 2021
[Above vacancies advertised in IAIAsa News 2021/2022 11 May 2021 e-brief]
South African Government Department of Labour: Principal Inspector: BCEA, Mmabatho, North West
Closing date: 31 May 2021
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University of KwaZulu-Natal College of Law and Management Studies: Graduate School of Business and Leadership – Head of Research, Westville Campus
Closing date: 30 May 2021
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University of KwaZulu Natal College of Law and Management Studies: Head of Doctoral Programmes
Closing date: 30 May 2021
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University of KwaZulu Natal College of Law and Management Studies: Head of HEAD Masters and Post Grad Programmes
Closing date: 30 May 2021
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DLA Piper: Associate, Finance, Projects & Restructuring
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Graduate Development Programme – Mining – Namakwa, Northern Cape
More information
International
University of Utrecht: Postdoctoral Researcher on Social Justice of Water, Energy and Food Governance in South Africa
Closing date: 17 June 2021
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University of Utrecht Faculty of Geosciences: Postdoc position in Global Environmental Governance at Utrecht University
Application deadline: 13 June 2021
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University of Utrecht Faculty of Geosciences: Two PhD positions in Global Environmental Governance
Application deadline: 6 June 2021
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Manager, Technical Development, Subnational Climate Finance initiative, Gold Standard – Remote
Senior Renewable Energy Portfolio Manager, South Pole – Berlin/London
Manager, Natural Climate Solutions, Landlife Company – Amsterdam/Remote
Corporate Programme Manager, Gold Standard – Remote Working
Programme Officer, Gold Standard – Remote Working
MRV Manager, Gold Standard – Remote Working
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