ELA Newsletter 2021-18

22 May 2021

Policy

“Auto Green Paper on the advancement of new energy vehicles in South Africa” 18 May 2021 – for comment

Bills

Housing Consumer Protection Bill, 2021 [B10-2021]

Land Court Bill, 2021 [B11-2021]

Draft Agricultural Products Standards Amendment Bill, 2021, notice of publication for comment and explanatory summary published (GN 443 in GG 44603 of 21 May 2021) (p3)

Draft Plant Health (Phytosanitary) Bill, 2021 – GN 444 in GG 44604 of 21 May 2021 – for comment and explanatory summary

Legislation

Directions

Disaster Management Act 57 of 2002 – Directions

Notices

National Environmental Management: Waste Act 59 of 2008 – GN 444 in GG 44602 of 21 May 2021 – Extension of time period to comment on proposed norms and standards for the treatment of organic waste published for comment in GN 275 in GG 44340 of 29 March 2021

Provinces

Gauteng

Constitution of the Republic of South Africa, 1996 – LAN 371 in PG 163 of 17 May 2021 – City of Ekurhuleni Metropolitan Municipality – Invitation for stakeholder engagement on the Draft Restriction of Access By-law.

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Cases

National

Mayfair Residents Association and Others v City of Johannesburg Metropolitan Municipality and Others (2148/2019) [2021] ZAGPJHC 55 (19 May 2021)

“Summary:  Township – Johannesburg Town Planning Scheme, 1979, and City of Johannesburg Land Use Scheme, 2018 – definition of ‘public open space’. [also green spaces]

Statute – Interpretation – regard to be had to the language used in the Schemes, the ordinary rules of grammar and syntax, as well as the context in which the provisions appear and the apparent purpose.

Nuisance – what constitutes – unlawful use of property attracting heavy traffic congestion in turn causing nuisance – this may give rise to actionable nuisance.”

Publications

National

Du Plessis Anél A (ed) Environmental Law and Local Government in South Africa 2^nd ed (Juta 2021)

French D and Kotzé LJ (eds) Research Handbook on Law, Governance and Planetary Boundaries (Edward Elgar 2021)

Farran S “The Significance of Sea-level Rise for the Continuation of States and the Identity of their People” 2021 24 Potchefstroom Electronic Law Journal 1-32 https://doi.org/10.17159/1727-3781/2021/v24i0a9361

International

Honegger Matthias, Burns Wil and Morrow David R “Is carbon dioxide removal ‘mitigation of climate change’?” 2021 RECEIL https://doi.org/10.1111/reel.12401

Anton DK (ed) International Environmental Law Volume 1 (Edward Elgar 2021)

Bartel R and Carter J Handbook on Space, Place and Law (Edward Elgar 2021)

Van Calster G and Reins L The Paris Agreement on Climate Change (Edward Elgar 2021)

Zimmermann K and Fedeli V “A Modern Guide to National Urban Policies in Europe” (Edward Elgar 2021 Open Access)

Chossière GP et al “Air pollution impacts of COVID-19–related containment measures” 2021 7(21) Science Advances DOI: 10.1126/sciadv.abe1178

Bochaton C et al “Large-scale reptile extinctions following European colonization of the Guadeloupe Islands” 2021 7(21) Science Advances DOI: 10.1126/sciadv.abg2111

Blogs, Discussions, Websites, Videos, ETC

South Africa

Biodiversity, protected areas, culture

Mail&Guardian: “Wildlife farming vs. Creecy’s panel” 14 May 2021

Daily Maverick: “Mordor at the gates (Part Two): The men behind the ploy to strip-mine Selati Game Reserve” 16 May 2021

Daily Maverick: “The future of rhinos: What it will take to save an endangered ancient species” 19 May 2021

Daily Maverick: “Conservationists call for watertight wetlands management amid claims of Princess Vlei destruction” 19 May 2021

News24: “Desperate Eastern Cape farmers appeal for help amid devastating drought” 19 May 2021

News24: “Govt donates, loans 354 animals to emerging game farmers in North West” 22 May 2021

Climate change and energy

Thomas Reuters Foundation: Harrisberg K “Durban’s climate goals are bold – but its poor feel left behind” 18 May 2021

Mail&Guardian: “Move to renewable energy must be people-centred, Report says” 19 May 2021

Mining Weekly: “Climate is global issue that exceeds anything seen in centuries – Anglo” 20 May 2021

BizCommunity: “Green Connection: Energy budget still reeks of too much fossil fuel” 20 May 2021

Polity: “Operation Vulindlela ‘close to resolving’ debate on easing path for distributed power projects” 21 May 2021

Environmental Enforcement

Mail&Guardian: “Landmark deadly air case – 10 000 deaths annually can be avoided” 17 May 2021

Mail&Guardian: “Right to clean air ‘progressively realisable’ in polluted Mpumalanga Highveld, court hears” 19 May 2021

Mining Weekly: “Judge to rule after South Africa sued over Sasol, Eskom pollution” 20 May 2021

Mail&Guardian: “We want to breath fresh air” 22 May 2021

Local government

The Conversation: “Fixing local government in South Africa needs political solutions, not technical ones” 18 May 2021

Polity: “Renewable Energy Policies for Cities” 19 May 2021

Polity: “SAHRC to assess possible human rights violations at Buffalo City stalled housing projects” 20 May 2021

Mining

Mining Weekly: “New technologies transforming mining, metals industry – ICMM” 14 May 2021

Extractives Baraza: “South Africa: Government Wants 20% Free Stake in New Oil and Gas Ventures, Draft Bill Shows” 18 May 2021

Lexology CMS: Rungasammy Y “Covid 19 might offer renewed hope for SA’s mining industry” 18 May 2021

Lexology CMS: Rungasammy Y and Nembudani R “4 hindrances to increasing mining’s GDP contribution in 2021” 18 May 2021

Mining Weekly: “Asian demand for South African export coal remains strong – Seriti” 18 May 2021

Miscelanneous

Lexology ENS: Le Roux W et al “South Africa: Occupational Health and Safety Act, 1993 – Publication of the Occupational Health and Safety Amendment Bill, 2020” 18 May 2021

Business Insider South Africa: “Just 92 electric vehicles were sold in SA last year – here’s how govt plans to boost the market” 21 May 2021

The Guardian: “From bats to hornbills: Whitley award winners – in pictures” 21 May 2021

Mail&Guardian: “Decolonising environmentalism and climate change” 22 May 2021

Africa

Biodiversity

The Conversation: “Nigeria could gain by promoting more biodiversity awareness among its citizens” 16 May 2021

Climate Change and Energy

Thomas Reuters Foundation: Bhalla N “African rainforests slow climate change despite record heat, drought” 17 May 2021

Lexology: “An investor’s guide to hydropower in Africa” 18 May 2021

AllAfrica: “Africa: A Record 55 Million People Displaced Last Year” 20 May 2021

AllAfrica: “Africa: Think African Podcast EP 2 – the Cost of Power” 21 May 2021

Local government

ICLEI Africa: “Impact stories”

Thomas Reuters Foundation: Foroudi L “Pedal power: In lockdown, Tunisia’s cyclists fight for space” 17 May 2021

Thomas Reuters Foundation: Appleby K “Opinion: How cities from Bristol to Dakar are weathering a warming planet” 12 May 2021

Mining

Extractives Baraza: Addeh E “Oil, Gas Experts to Discuss Emerging Industry Issues” 18 May 2021

Extractives Baraza: “DR Congo’s President Says He Will Renegotiate Mining Contracts” 18 May 2021

Extractives Baraza: Jamasmie C “Ethiopia Revokes 27 Inactive Mining Licenses in Cautionary Move” 18 May 2021

Miscellaneous

The Namibian: Immanuel S and Shihepo T “Namibia: Nampower Sued Over N$100m Solar Power Deal” 12 May 2021

International

Biodiversity, protected areas, and culture

Daily Maverick: “UK to recognise animals as sentient and ban trophy imports” 12 May 2021

Lexology: “USFWS Updates Eagle Fatality Model for Wind Facilities” [USA] 13 May 2021

Thomas Reuters Foundation: Thomas M “Concern over nature loss surging in developing nations, online trends show” 17 May 2021

IISD SDG Knowledge Hub: “Practitioners Discuss Boosting Synergies Between Chemicals and Biodiversity Communities” 19 May 2021

IISD SDG Knowledge Hub: “Chair Presents Draft Consolidated Text on Fisheries Subsidies” 19 May 2021

Nature Podcast: Thompson B and Bondell S “The ‘zombie’ fires that keep burning under snow-covered forests” 19 May 2021

Lexology: “Opportunity for Wildlife and Flora Importers and Exporters” [USA] 20 May 2021

Nature: Telefson J “Controversial forestry experiment will be largest-ever in United States” 20 May 2021

Climate change and energy

Lexology: “Governor Newsom Signs Proclamation of State of Emergency for 39 California Counties” [USA] 14 April 2021

Thomas Reuters Foundation: Asher-Shapiro A “U.S. small towns take on energy-guzzling bitcoin miners” 13 May 2021

Lexology: “Draft EPBC National Environmental Standards released” 13 May 2021

Lexology: “Businesses, Be Aware: Environmental Justice Enforcement is Serious” [USA] 14 May 2021

IISD SDG Knowledge Hub: “An EU Carbon Border Adjustment Mechanism: Can it Make Global Trade Greener While Respecting WTO Rules?” 17 May 2021

Lexology: “Washington Joins Chorus of States with Major Environmental Justice Laws” [USA] 17 May 2021

Lexology: “Supreme Court Issues Limited Ruling in Climate Change Litigation” [USA] 18 May 2021

Lexology: “In a bombshell and boost for climate action Germany approves amendment to climate act” 18 May 2021

Lexology: “Supreme Court Procedural Clarity Provides Win for Industry in Climate Case” 19 May 2021

Lexology: “Funding the Energy Transition: how will projects be supported and financed?” [UK] 19 May 2021

Environmental enforcement

Lexology: “Environmental Protection Agency Rescinds Procedural Regulation for Guidance Documents” [USA] 14 May 2021

Lexology: “Litigation strategies to embed climate change in land grabbing cases” [Cambodia] 14 May 2021

Lexology: “Another 1st Circuit Decision Deferring to Agency Judgment in an Environmental Case” [USA] 14 May 2021

Lexology: “General Environment Duty” [Australia] 17 May 2021

Lexology: “Rare decision on breaches of environmental warranties in an SPA: MDW Holdings Ltd v Norvill & Ors [2021] EWHC (Ch) (4 May 2021)” [UK] 18 May 2021

Lexology: “Whistleblowing programmes today and tomorrow: 17 key questions answered” [EU/UK] 19 May 2021

Lexology: “Brazil: The Ministry of Environment, IBAMA and ICMBIO publish new normative instruction updating the procedures related to inspection reports” 19 May 2021

Lexology: “Biden EPA Rescinds Trump’s Cost-Benefit and Guidance Document Rules” 20 May 2021

Local government

Urban LEDS: “Rajshahi advances its Urban Greening actions and completes plantation for a pilot project on biodiversity” 6 April 2021

ICLEI: “The Metropolitan Region of Campinas and the ambition for a more sustainable future” 22 April 2021

ICLEI: “Greening in a drought-prone city: An urban oasis in Dodoma flourishes” 15 May 2021

ICLEI: “Kochi inaugurates new pollinator and herbal garden in the heart of the city” 15 May 2021

ICLEI Youtube: “We are part of the solution #ForNature” May 2021

Network Nature: “Nature-based solutions and health outcomes”

Mining

Lexology: “Business and Human Rights: Energy and extractives in a changing landscape of new generation trade agreements protecting and promoting both trade and human rights” 14 May 2021

Lexology: “Federal Court of Appeal lifts injunction on Alberta’s “turn off the taps” legislation” 17 May 2021

Extractives Baraza: Smith G “IEA Says Ending New Oil and Gas Exploration Today Is the Only Viable Climate Path” 18 May 2021

Extractives Baraza: Snieckus D “Spain Bans New Oil and Gas Exploration, While Supercharging Renewables” 18 May 2021

Extractives Baraza: “China Puts Australia On Notice with Push to Diversify Iron-ore” 18 May 2021

Extractives Baraza: “Gold Diggers: Illegal Mining Near Colombian Town Hits Zijin Output” 18 May 2021

Criminal: Red faces over arrest of alleged gold mule

“Zimbabwean police say they are determined to establish how a gold smuggler departed from Robert Gabriel Mugabe International Airport undetected, only to be arrested in SA. Tashinga Masinire, who was allegedly in possession of 23 items of gold, remains in custody. The Herald reports that Home Affairs & Cultural Heritage Minister Kazembe said ‘heads will certainly roll’ because it was suspected a syndicate could have aided the smuggler. ‘We have established that when he walked in (to the airport last Sunday) he didn’t have a bag. Now we want to establish who gave him that bag, where and how,’ he said, adding that ‘we are working with our Interpol colleagues’. The Civil Aviation is in charge of security at Zimbabwe’s main airport, with the police at standby for back-up. Seven months ago, Zimbabwe Miners Federation president Henrietta Rushwaya was detained with 6kgs of gold while she was enroute to Dubai. Her case is pending.” Full report in The Herald (subscription needed) Legalbrief Forensic 20 May 2021

Water, oceans, waste and chemicals

The Guardian: Laville S “Twenty firms produce 55% of world’s plastic waste, report reveals” 18 February 2021

Lexology: “EPA Plans to Increase Reporting Requirements for Toxic Chemicals” 13 May 2021

Lexology: “Australia Releases National Plastics Plan” 14 May 2021

Lexology: “Exploring the “Jargon” of the Chemicals Strategy for Sustainability: A Glance at the Future of Chemicals Regulation in the EU” 17 May 2021

Lexology: “Can we harness the oceans for a renewable energy future?” [USA] 18 May 2021

Lexology: “Updates to Queensland’s Reef Protection Regulations: What your industry needs to know” [Australia] 19 May 2021

Miscellaneous

IISD SDG Knowledge Hub: “Secretary-General’s SDG Progress Report Recaps Pandemic Impacts on 17 Global Goals” 17 May 2021

IISD SDG Knowledge Hub: “An EU Carbon Border Adjustment Mechanism: Can it Make Global Trade Greener While Respecting WTO Rules?” 17 May 2021

Lexology: “The EU’s Green Capitalism Takes Shape: Taxonomy Screening Criteria and Corporate Sustainability Reporting” 18 May 2021

IISD SDG Knowledge Hub: “Eight Ways Ombuds Institutes Can Contribute to the SDGs” 19 May 2021

Lexology: “The EU’s Green Capitalism Takes Shape: Taxonomy Screening Criteria and Corporate Sustainability Reporting” 19 May 2021

Science: “Why is the world’s largest COVID-19 vaccine campaign faltering?”19 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

Animal rights in South African law (Zoom webinar)
Topic: What are “animal rights” and what rights do animals in South Africa have?
Presented by Tony Gerrans – Executive Director at the Humane Society International – Africa.
28 June, 9:00-11:00 SAST
R695/person
Register here

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:  1^st 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

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

IISD ENB: 4th Extraordinary Meeting of the Parties to the Montreal Protocol (ExMOP-4) and 1st Part of the 43rd Meeting of the Open-ended Working Group (OEWG43) | 21–25 May 2021 | Online | Vienna Convention and Montreal Protocol on Substances that Deplete the Ozone Layer

IISD ENB: 3rd Meeting of the Subsidiary Body on Implementation (SBI-3) | 16 May – 13 June 2021 | Online | Convention on Biological Diversity – CBD

IISD ENB: High-Level Dialogue on Energy Technical Working Groups | 22 February – 26 May 2021 | Online | UN General Assembly

2021 P4G Seoul Summit (theme: “Green Recovery and 2050 Carbon Neutrality”)
When: 30-31 May 2021
Where: Seoul and online
More information

Africa Regional Extractive Industries Knowledge Hub Launch
Date: 25 May 2021
Time: 14:00-16:00 (Kenyan time)
More information

2nd Annual Global Energy Law and Policy Symposium (Environment, Energy and Natural Resources (EENR) Center and the Center for U.S. and Mexican Law at the University of Houston Law Center)
Topic: The Energy Transition in a COVID Altered World
Date: Tuesday, May 25, 2021, from 9:00 am to 12:00 pm (central time)

Join experts from the University of Houston, the U.S., and around the world in energy law and policy, climate governance and public policy to discuss all of these issues. The Agenda is here. More information: Here
Register here: University of Houston Law Center
This is a free open webinar, please share the link with those who might be interested.

GNHRE Virtual book launch of Professor Lynda Collins’ new book, The Ecological Constitution: Reframing Environmental Law
The Ecological Constitution integrates the insights of environmental constitutionalism and ecological law in a concise, engaging and accessible manner. This book sets out the necessary components of any constitution that could be considered “ecological” in nature.
The launch will take place on 8 June 2021 at 9am PDT / 12noon EDT / 5pm BST / 6pm CEST.
You can read more about the launch and register here.

UK: BS 8683:2021 Process for designing and implementing Biodiversity Net Gain
This specifies requirements to design and implement a biodiversity net gain process in development and land use projects.
Date: 8 June 2021 at 14:00 – 15:30 UK
Cost: Free
Registration and more information

the Jean Monnet Centre of Excellence – Climate Justice and the international research team Climate Change, Territories, Diversity of the University of Padua are pleased to invite you to the opening conference of the new Jean Monnet Centre of Excellence on Climate Justice.
The Conference will be on Tuesday 1 June, from 11.30 to 18.30.

In addition to the official inauguration of the Centre, it will be the opportunity to reflect on climate justice.
In the morning session, Vandana Shiva will address the issue of climate justice and territories focusing on agricultural practices released from fossil fuels (land not oil).
The afternoon session deals with the dialogue building between research and civil society addressing the challenges of climate justice with the presence of researchers and civil society organizations from Italy, Europe, Africa and Latin America.

The conference will be delivered online through the ZOOM platform. The link and instructions for accessing the event will be sent out a few days before the event.
Registration for the seminars is open.

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News

National

Biodiversity, protected areas, animal rights, culture

Nombembe P “Hawks swoop on man ‘transporting elephant tusks’ in Cape Town” TimesLive 15 May 2021

Author unspecified “Biosecurity measures can reduce the risk of avian influenza in farmer flocks” BizCommunity 17 May 2021

Environment.gov.za “Extension granted for comment on draft revised National Biodiversity Framework” Department: Foresty, Fisheries & the Environment 17 May 2021

Nicole McCain “Two bust for transporting abalone worth nearly R10m in Western Cape”  News24 19 May 2021

Environment.gov.za “Wildlife economy programme given a boost on international day for biological diversity” Department: Foresty, Fisheries & the Environment 22 May 2021

Environmental enforcement

amaBhungane team “Powerships: How the tender kneecapped renewables and favoured gas”  amabhungane 14 May 2021

Centre for Environmental Rights “The struggle to breathe clean air in Mpumalanga goes to court” CER 17 May 2021

Carnie T “Toxic environment: Heavy industry and Eskom power imperatives ‘cannot trump people’s rights to healthy air’, court hears” Daily Maverick 17 May 2021

Lwandile Bhengu “12 suspected illegal miners arrested after shootout with police” News24 17 May 2021

Tim Cocks “Activists and South African govt lock horns over coal pollution” BizCommunity 18 May 2021

Human L “Highveld air won’t be fixed by a court order, argues minister – State makes its case in “Deadly Air” court drama” GroundUp 18 May 2021

Dlamini P “Five get 1,250 years for cable theft – Amended law gets tough on offenders” Sowetan Live 18 May 2021

Liezl Human “Highveld air won’t be fixed by a court order, argues minister” GroundUp 18 May 2021

Environment.gov.za “Request for comments: Phase one (1) of the socio-economic impact assessment system (SEIAS)” Department: Foresty, Fisheries & the Environment 20 May 2021

Tania Broughton “City of Cape Town granted interdict against further unlawful occupation of District Six” GroundUp 21 May 2021

Climate change and energy

“Petroleum Bill has lift off at last” BizCommunity 14 May 2021

“Australia Market Roundup: Coal mine earns large ACCU batch, as more financials take on climate obligations” Carbon Pulse 17 May 2021

Burkhardt P “World Bank’s IFC could fund controversial powerships in South Africa” News24 12 May 2021 [Legalbrief Environmental 18 May 2021]

Dineo Faku “SA to upscale LNG potential in energy mix” IOL 19 May 2021

Paton C “Mantashe now says survey of 10,000 didn’t happen with regard to embedded generation” BusinessLive 19 May 2021

Centre for Environmental Rights “Environmental justice activists demand urgent climate action at AMSA’s AGM” CER  20 May 2021

Fiona Harvey “Richest nations agree to end support for coal production overseas” The Guardian 21 May 2021

Gary Fuller “Ignore the naysayers – low emission zones do work” The Guardian 21 May 2021

Policy: Mantashe warns against energy ‘scavengers’
“Minister of Mineral Resources & Energy Gwede Mantashe has urged the government to be vigilant about corrupt people getting into the energy sector. ‘The energy space is very attractive to people who want to make a quick buck. We must not allow scavengers to come and eat quickly in the sector. We need people who understand the sector very well and who have long term interests in developing it,’ he said. Mantashe was addressing Parliament’s Portfolio Committee on Mineral Resources & Energy yesterday, says a Mail & Guardian report. ‘We are inviting all mining companies that want to test their capacity to self-generate electricity, to do so. This will ease the reliance on Eskom. Self-generation is allowed and it is facilitated as long as the necessary processes are followed.’ Mantashe said, although there is a need for SA to reduce its carbon emissions and move to renewable energy, that cannot be done in a rush. ‘We are a developing economy, so this factor will inform our shift to renewable energy and a low carbon economy. It is a process and we want it to be a just transition. It cannot be done hastily.’ He said SA’s energy supply is dependent on burning fossil fuels, but this would not be the case forever. ‘We are committed to move to wind and solar energy techniques, so that we can reduce the reliance on coal.’ However, DA MP Kevin Mileham lambasted the government’s slow pace in moving to renewable energy, notes the M&G report. ‘We always have load-shedding during budget time. This has been going on for over 10 years. Our electricity generation crisis is nothing new. It is a result of years of corruption and incompetence by this government. We urgently need new power generation methods. The government has stalled the move to renewable energy on purpose,’ said Mileham. ‘The government has botched the Renewable Energy Independent Power Producer Procurement programme. There are allegations that processes are being sabotaged to favour those close to the ANC government. Some even lead back and implicate the very same minister that heads the energy department.’” Full Mail & Guardian report

“Mantashe said his department surveyed 10 000 people to determine the level at which he should set the licensing threshold for self-generation of electricity, which is why he set it at the 10MW level. It was estimated in a study by Meridian Economics in January that lifting the threshold to 50MW would unleash 5 000MW of pent-up self-generation projects. But a Business Day report says Mantashe and the Department of Mineral Resources & Energy have stood firm against lobby groups and last month gazetted regulations for comment to raise the threshold to 10MW. Mantashe, who has made no secret of his annoyance with the lobby, said in his budget vote speech in Parliament that his decision is backed by research. ‘There has been a lot of noise about this, but our research and our survey of 10 000 people showed overwhelming support for our move. The majority in the market say they are not ready for the 50MW. The issue of debating between 10MW and 50MW is an academic debate. The reality is the market is not ready for this 50MW,’ he said, departing from his prepared remarks.” Full Business Day report (subscription needed) Legalbrief 19 May 2021

Economy: New energy vehicle Green Paper released
“A draft Green Paper on ‘the advancement of new energy vehicles in SA’ has been released for comment. As government’s ‘first input’ into the process of developing a ‘sector masterplan discussion paper’, among other things the document explores the most ‘appropriate’ fiscal and regulatory framework for creating ‘a high-yielding business environment’; supporting and investing in the expansion and development of new and existing vehicle and component manufacturing plants; sustainable manufacturing processes to significantly reduce greenhouse gas emissions; investing in the development of new energy vehicle component technology and the expansion of SA’s ‘fledgling electric supply chain’; workforce reskilling and upskilling for electric vehicle, component and system design, engineering and manufacturing; and investing in strategically targeted research and development ‘likely to give SA a competitive advantage’.” Read full report in Legalbrief Policy Watch 19 May 2021. More information also here.

Energy: Minister stands firm on electricity generation limit
“Despite the constant load shedding inhibiting rapid economic growth, Mineral Resources & Energy Minister Gwede Mantashe is not about to accede to business demands to be allowed to generate its own electricity beyond 10MW and sell it to back to the grid, municipalities or private users without a licence. According to a Sunday Times report, Mantashe met with Business Unity SA on Friday to discuss concerns over energy security, and to explain why the government is limiting the threshold for embedded generation projects to 10MW without the requirement for licensing. Amendments to the law were gazetted towards the end of April and are open for public comment. Organised business has expressed disappointment as it was hoping the government would set the threshold at 50MW. Mantashe reportedly told the Sunday Times that no country would allow a situation where it could not track how much energy was being generated and sold. ‘They want an unlimited amount to trade with energy, and that is going to cause chaos. We will not be able to quantify the impact accurately. You can’t have that; it’s not happening in any society.’”  Legalbrief 24 May 2021. Full Sunday Times report (subscription needed).

Local government

Masego Mafata “Joburg garbage removal: reclaimers relieved after Pikitup R50 levy withdrawn” BizCommunity 17 May 2021

Van Wyk A “Koster court ruling condemned – AfriForum” PoliticsWeb 19 May 2021

Chabalala C “Court orders City of Joburg to prevent Dragon City from occupying ‘public open space’ for business” News24 20 May 2021

Mining

“S.Africa Wants 20% Free Stake in New Oil and Gas Ventures, Draft Bill Shows” Extractives Baraza 18 May 2021

“Shale gas pockets found in the Karoo, Mantashe says” BizCommunity 19 May 2021

“East Manganese on course to commence production in July” BizCommunity 21 May 2021

Water, waste, oceans and chemicals

Environmental: Clean-up of Durban toxic waste site under way
“A huge clean-up of SA’s most infamous stockpile of toxic waste is under way after decades of delays, but it could take another two years before the poisons are contained and remediated. Stacked in warehouses, or simply piled up in untidy heaps in the open air, more than 4 000 tons of deadly mercury sludge have been accumulating at the old Thor Chemicals factory in Cato Ridge, west of Durban, since the early 1980s. A Sunday Times Daily report says the waste was imported to SA by the British-owned Thor group, ostensibly to recover and recycle used mercury products. Instead, several workers died or became ill after being exposed to the deadly fumes and sludges, and the plant was shut down in 1991. Now Forestry, Fisheries And Environment Minister Barbara Creecy has reiterated her determination to get the mess cleaned up ‘once and for all’. Creecy said an inter-governmental expert team has been appointed to oversee the cleanup and ensure the full implications of the pollution threats are dealt with. So far 1 211 tons of waste have been exported to a treatment facility in Switzerland and it is anticipated the repackaging and removal of the Cato Ridge stockpile will be finalised by mid-2022, with final remediation completed by 2023.” Full Sunday Times Daily report (subscription needed). [Legalbrief 19 May 2021]. More information also here.

Miscellaneous

Smith C “Humble rooibos is now a superfood, and SA could be cashing in” fin24 11 May 2021 [Legalbrief Environmental 18 May 2021]

Russel Molefe “More than 30 black Limpopo farmers handed title deeds after 25 year struggle” News24 22 May 2021

Africa

Cai Nebe “Namibia: Questions Remain Over Future of Namibian Oil Discovery” AllAfrica 17 May 2021

Jonathan Kamoga “Uganda Deploys Drones to Fight Poaching, Wildlife Trafficking” AllAfrica 17 May 2021

Deogratius Kamagi “Tanzania: Use of Charcoal Destroys 48,000 Million Acres Annually” AllAfrica 19 May 2021

Sukhmani Mantel “Southern Africa: Maps Can Bridge Gaps Between Citizens, Scientists and Policymakers” AllAfrica 20 May 2021

International

Biodiversity, protected areas, animal rights and culture

“Practitioners Discuss Boosting Synergies Between Chemicals and Biodiversity Communities” IISD SDG Knowledge Hub 9 May 2021

Cox L “Environment department tried to bury research that found huge underspend on Australian threatened species” The Guardian 13 May 2021

“50 billion birds live on Earth, new study finds” DW 18 May 2021

Fernandez C “Let’s grow for it! Planting of trees is to treble by 2025 as ministers ban peat-based compost in huge eco drive” [UK] Mail Online 18 May 2021

“To Conserve Biodiversity, We Must Protect Our Forests” IISD SDG Knowledge Hub 19 May 2021

Climate change and energy

Abnett K “EU to tighten rules on ship recycling, restore areas of seas and oceans” Reuters 17 May 2021

Joselow M “Justices side with Big Oil in Baltimore climate battle” E&E News 17 May 2021

“An EU Carbon Border Adjustment Mechanism: Can it Make Global Trade Greener While Respecting WTO Rules?” IISD SDG Knowledge Hub 17 May 2021

Fortuna G “Greta’s army turns again to EU Parliament to scrap the CAP” Euractiv 18 May 2021

Ayesha Tandon “Hurricane Sandy caused an ‘extra $8bn’ damage due to human-caused sea level rise” CarbonBrief 18 May 2021

Simon Evans “IEA: Renewables should overtake coal ‘within five years’ to secure 1.5C goal” CarbonBrief 18 May 2021

Freshfields Bruckhaus Deringer LLP “Funding the Energy Transition: how will projects be supported and financed?” (UK) Lexology 18 May 2021

Jenner & Block LLP “Supreme Court Procedural Clarity Provides Win for Industry in Climate Case” Lexology 19 May 2021

Osborne Clarke “UK sector pathways to net zero charted by Sixth Carbon Budget” Lexology 19 May 2021

Goering L “Queue-jumping? Global vaccine shortage imperils Glasgow climate talks” Reuters 19 May 2021

“Federal court vacates Trump administration’s last minute biofuel waivers” Carbon Pulse 19 May 2021

“EU lawmakers adopt stance on green hydrogen, keeping gas as a possibility” Carbon Pulse 19 May 2021

Obayashi Y and Paul S “Asia snubs IEA’s call to stop new fossil fuel investments” Reuters 20 May 2021

“State aid: Commission approves €22.5 billion Polish scheme to support offshore wind farms” EC 20 May 2021

Lauri Myllyvirta “Analysis: China’s carbon emissions grow at fastest rate for more than a decade” CarbonBrief 20 May 2021

Zeke Hausfather “State of the climate: 2021 off to cooler start due to fading La Niña” CarbonBrief 21 May 2021

Environmental enforcement

“Eight Ways Ombuds Institutes Can Contribute to the SDGs” IISD SDG Knowledge Hub 19 May 2021

Quirin Schiermeier “Boom in ships that fly ‘fake’ flags and trash the environment” Nature 24 May 2021

Mining

“China Puts Australia On Notice with Push to Diversify Iron-ore” Extractives Baraza 18 May 2021

“IEA Says Ending New Oil and Gas Exploration Today Is the Only Viable Climate Path” Extractives Baraza 18 May 2021

“No Place for New Coal in $5tr/y Transition to Net-Zero by 2050 – IEA Study” Extractives Baraza 18 May 2021

“DR Congo’s President Says He Will Renegotiate Mining Contracts” Extractives Baraza 18 May 2021

“Spain Bans New Oil and Gas Exploration, While Supercharging Renewables” Extractives Baraza 18 May 2021

Water, waste, oceans and chemicals

“Maritime shipping to fall short of net zero emissions target – IEA” Thomas Reuters 20 May 2021

Miscellaneous

Ingham J “Blackadder creator leads drive to turn our pensions green” Express 19 May 2021

Covington & Burling LLP “The EU’s Green Capitalism Takes Shape: Taxonomy Screening Criteria and Corporate Sustainability Reporting” Lexology 19 May 2021

Langer E “Christopher Stone, environmental scholar who championed fundamental rights of nature, dies at 83” Washington Post 20 May 2021

Vacancies, Bursaries, Funding, Opportunities, etc.

National

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 : 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
More information

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
More information

University of KwaZulu Natal College of Law and Management Studies: Head of Doctoral Programmes
Closing date: 30 May 2021
More information

University of KwaZulu Natal College of Law and Management Studies: Head of HEAD Masters and Post Grad Programmes
Closing date: 30 May 2021
More information

DLA Piper: Associate, Finance, Projects & Restructuring
More information

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
More information

University of Utrecht Faculty of Geosciences: Postdoc position in Global Environmental Governance at Utrecht University
Application deadline: 13 June 2021
More information

University of Utrecht Faculty of Geosciences: Two PhD positions in Global Environmental Governance
Application deadline: 6 June 2021
More information

Senior Technical Specialist, Forestry & Forest Carbon, Fauna & Flora International – Cambridge, UK

Manager, Technical Development, Subnational Climate Finance initiative, Gold Standard – Remote

Climate Policy and Carbon Markets Analyst/Consultant/Advisor, International Carbon Action Partnership (ICAP) – Berlin

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

Presidential Post-Doctoral Fellowship – The University of Hong Kong (HKU-PPF)
More information

Ecole polytechnique fédérale de Lausanne (EPFL): Faculty Position in Sustainable Urban Systems and Climate Mitigation Strategies
EPFL’s School of Architecture, Civil and Environmental Engineering (ENAC) invites applications for a faculty position in Sustainable Urban Systems and Climate Mitigation Strategies. The position is open at the level of Assistant Professor (Tenure Track). More information.

Professor/Associate Professor in Criminology
University of New South Wales School of Law, Society and Criminology

Lecturer in Criminology and Criminal Justice
University of New South Wales School of Law, Society and Criminology

Lecturer in Private Law
University of New South Wales School of Private and Commercial Law

Lecturer in Criminology and Criminal Law
University of New South Wales School of Law, Society and Criminology

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

Assistant/Associate Professor of Jurisprudence
University of Helsinki Faculty of Law

PhD Position in Socio-Economic Analysis of Circular Water Governance
VU University of Amsterdam Institute for Environmental Studies

Postdoctoral Fellow in Urban Governance and Transition Politics
University of Bergen Department of Geography

PhD Fellowships in Law
University of Oslo Faculty of Law

Assistant/Associate Professor of Business Law
Ajman University College of Business Administration

Assistant Professor in Law and Autonomous Systems
University of Nottingham Department of Law

Research Fellow in Law
University of Leeds School of Law

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