ELA Newsletter 2021-25

9 July 2021

Policy

National Environmental Management Act: Air Quality Act 39 of 2004 – GN 583 in GG 44799 of 2 July 2021 – South African Atmospheric Emission Licence and Inventory Portal (SAAELIP) Data Management Policy – for comment

Legislation

Bills

Upstream Petroleum Resources Development Bill, 2021 [B13-2021]

Acts

Border Management Authority Act 2 of 2020 – Proc 22 in GG 44823 of 9 July 2021 – commenced 15 July 2021 of ss 24, 25, 26 & 27

Directions

Disaster Management Act 57 of 2002 – Directions

• GN 608 in GG 44824 of 9 July 2021 – Adjusted Level 4 Directions for older persons’ residential facilities and Community Nutrition Development Centres
• GN 594 in GG 44814 of 7 July 2021 – Directions on the Risk-Adjusted Strategy for the Communications and Digital Technologies Sector published in GN 484 in GG 43263 of 3 May 2020 amended
• GN 591 in GG 44807 of 5 July 2021 – Directions relating to biodiversity auctions published in GN 1064 in GG 43778 of 7 October 2020 suspended until 11 July 2021
• Gen Notice 718 in Gauteng PG 210 of 2 July 2021, replaced by GN 576 in GG 44811 of 6 July 2021 – Gatherings relating to sport, arts and culture activities published and GN 461 in GG 43226 of 9 April 2020 amended with effect from 2 July 2021

Notices

Merchant Shipping Act 57 of 1951 – Gen Notice 388 in GG 44761 of 25 June 2021 – Proposed Maritime Occupational Health and Safety Amendment Regulations, 2021 – for comment

National Environmental Management: Biodiversity Act 10 of 2004 – GN 563 in GG 44764 of 25 June 2021 – Draft Biodiversity Management Plans for Aloe Ferox and Honeybush Species (Cyclopia Subternata and Cyclopia Intermedia) – for comment

Petroleum Products Act 120 of 1977 – GN R573 in GG 44808 of 6 July 2021 – Regulations in respect of petroleum products published and GN R480 in GG 44644 of 1 June 2021 substituted with effect from 7 July 2021

Petroleum Products Act 120 of 1977 – GN R574 in GG 44808 of 6 July 2021 – Regulations in respect of the maximum retail price of Liquefied Petroleum Gas supplied to residential customers published with effect from 7 July 2021

Petroleum Products Act 120 of 1977 – GN R575 in GG 44808 of 6 July 2021 – Regulations in respect of the single maximum national retail price for illuminating paraffin published with effect from 7 July 2021

Promotion of Access to Information Act 2 of 2000 – Gen Notice 398 in GG 44799 of 2 July 2021 – Submission of description in terms of s. 15 (1) by the Presidency

National Environmental Management Air Quality Act 39 of 2004 – GN 583 in GG 44799 of 2 July 2021 – Draft South African Atmospheric Emission License and Inventory Portal Data Management Policy, 2021 – for comment

Carbon Tax Act 15 of 2019 – GN 595 in GG 44818 of 8 July 2021 – Regulations under section 19 of the Carbon Tax Act published with effect from 1 June 2019 in GN R1556 in GG 42873 of 29 November 2019 amended

Legal Practice Act 28 of 2014 – GN 407 in GG 44821 of 9 July 2021 – Election of members to the Legal Practice Council: Nominations invited

Planning Profession Act: – GN 405 in GG 44809 of 6 July 2021 –  Second call for persons to serve on the South African Council for Planners in terms of the Act – Nominations invited

Provinces

Eastern Cape

Disaster Management Act 57 of 2002 – LAN 154 in PG 4583 of 28 June 2021 – Kouga Local Municipality (EC108) – Extension of Local State of Disaster due to the prevailing drought conditions for a further month

Eastern Cape Consumer Protection Act 3 of 2018 – PN 83 in PG 4586 of 5 July 2021 – Draft Regulations in terms of the Act – for comment

Northern Cape

Local Government: Municipal Systems Act 32 of 2000 – Gen Notice 64 in PG 2424 of 21 June 2021 – Umsobomvu Local Municipality – Approval of amendment of the Spatial Planning and Land Use By-law

Spatial Planning and Land Use Management Act 16 of 2013 – Gen Notice 66 in PG 2426 of 28 June 2021 – Siyathemba Local Municipality: – Adoption of the Spatial Development Framework (SDF) 2020

Spatial Planning and Land Use Management Act 16 of 2013 – Gen Notice 68 in PG 2428 of 5 July 2021 – Umsobomvu Local Municipality – Spatial Planning and Land Use Amendment By-law, 2019

Mpumalanga

Local Government: Municipal Systems Act 32 of 2000 – LAN 72 in PG 3277 of 6 July 2021 – Steve Tshwete Local Municipality – Draft amended Spatial Development Framework, 2018 – for comment

Western Cape

Local Government: Municipal Systems Act 32 of 2000 – LAN 21419 in PG 8457 of 2 July 2021 – George Local Municipality – Amendment of the Land Use Planning By-law

Local Government: Municipal Systems Act 32 of 2000 – LAN 21422 in PG 8458 of 2 July 2021 – Cederberg Local Municipality – Customer Care, Credit Control, Debt Collection, Indigent and Tampering Policy 2021-22 – with effect from 1 July 2021

Constitution of the Republic of South Africa, 1996 – LAN 21425 in PG 8458 of 2 July 2021 – Cederberg Local Municipality – Credit Control, Debt Collection and Indigent Support By-Law

Constitution of the Republic of South Africa, 1996 – LAN 21437 in PG 8459 of 9 July 2021 – Mossel Bay Local Municipality – By-law relating to Refuse Removal

Western Cape Appropriation Act 5 of 2021 – PN 73 in PG 8460 of 9 July 2021 – commenced 9 July 2021

Disaster Management Act 57 of 2002 – LAN 21439 in PG 8461 of 9 July 2021 – Breede Valley Local Municipality – Declaration of a local state of disaster due to heavy rains and associated flooding

Gauteng

Local Government: Municipal Systems Act 32 of 2000 – Emfuleni Local Municipality: Policy on Access to Free Basic Services [2021/2022] published with effect from 1 July 2021 (LAN 686 in PG 211 of 2 July 2021)

North West

North West Spatial Planning and Land Use Management Bill, 2015 – GN 579 in GG 44799 of 2 July 2021 – with explanatory memorandum – for comment

Spatial Planning and Land Use Management Act 16 of 2013 – LAN 61 in PG 8233 of 29 June 2021 – City of Matlosana Local Municipality – Adoption of the Spatial Development Framework, 2021

Local Government: Municipal Systems Act 32 of 2000 and Spatial Planning and Land Use Management Act 16 of 2013 – LAN 62 in PG 8233 of 29 June 2021 – JB Marks Local Municipality – Draft Spatial Development Framework (SDF) – for comment

______________________________________________________________________________________

CASES

National

Ethekwini Municipality v Crimson Clover Trading 17 (Pty) Ltd t/a Island Hotel (Case no 280/2020) [2021] ZASCA 96 (1 July 2021)
“Summary: Civil procedure – appeal against an order granting condonation for failure to serve notice in terms of s 3(2) of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 – failure to show good cause for delay – order set aside” – also some discussion on the division of power between local and provincial government – estuarine management and storm water management

Magashule v Ramaphosa and Others (2021/23795) [2021] ZAGPJHC 88 (9 July 2021)
“[1] The dispute before this Court traverses a diverse range of legal issues which are set against a complex and detailed background. In essence, however, the dispute revolves around three broad imperatives: the common cause recognition by the parties of the scope and impact of corruption on the African National Congress (ANC) and the expressed need to act decisively against it; the recognition of the associational and political participation rights of the parties to the litigation and how those are deployed to achieve the vision and the objectives of the ANC; and the acceptance that the ANC must act consistently with its own constitution (the ANC constitution) and the Constitution of South Africa, and broadly in accordance with the values and the rights enshrined in it and in the spirit of fairness.”

Zuma v Minister of Police and Others (4686/2021P) [2021] ZAKZPHC 40 (9 July 2021)
“[7] In the course of its inquiry into allegations of state capture, corruption and fraud, the Commission issued a summons for Mr Zuma to appear before it for examination from 16 to 20 November 2020. The purpose of this summons was for Mr Zuma to give evidence and to be questioned on various matters that are the subject matter of the Commission’s investigation. He was also required to respond to the evidence of certain witnesses, which evidence implicates or may implicate him of certain acts of wrongdoing. The alleged corruption, and acts which might constitute state capture, are alleged to have occurred during Mr Zuma’s term of office as the President of the Republic of South Africa.”

Minister of Cooperative Governance and Traditional Affairs v De Beer and Another (538/2020) [2021] ZASCA 95 (1 July 2021)
“Summary:  Regulations promulgated under s 27(2) of the Disaster Management Act 57 of 2002 – regulations challenged as unconstitutional and irrational – virtual hearing challenged as contrary to open justice – need to plead a constitutional challenge with specificity and clarity – rationality, arbitrariness and equality challenges distinguished – rationality review must be circumscribed – high court order vague and unenforceable –unfounded and scandalous attacks on courts unacceptable.”

Publications

National

Molaiwa A “Municipal Courts and Environmental Justice in South African Local Government” 2021 (24) PER / PELJ -DOI http://dx.doi.org/10.17159/1727-3781/2021/v24i0a8990

KwaZulu-Natal Department of Economic Development, Tourism and Environmental Affairs (EDTEA) Best Practices for Coastal Development in KZN – Coast KZN (downloadable). Please contact for further details. [Provided by Andrew Gilder ClimateLegal]

International

Fischman R, Castelli M and Meretsky V “Collaborative Governance Under the Endangered Species Act: An Empirical Analysis of Protective Regulations” 2021 38 Yale Journal on Regulation

Rajabifard Abbas, Foliente Greg and Paez Daniel COVID-19 Pandemic, Geospatial Information, and Community Resilience (Taylor Francis 2021 open access)

World Justice Challenge 2021: Outcome Report (2021)

EY Parthenon “A clean Covid-19 recovery: The global opportunity – 13 000 renewable energy projects for a green recovery” (Report July 2021)

Phelps J et al “Environmental liability litigation could remedy biodiversity loss” 2021 Conservation Letters https://doi.org/10.1111/conl.12821

FATF “Money Laundering from Environmental Crime” (FATF Paris France Report July 2021)

News, Blogs, Discussions, Websites, Videos, ETC

South Africa

Biodiversity, Protected Areas, Culture

GroundUp: Chirume J “Eastern Cape fishers celebrate chance to once again catch squid” 9 July 2021

allAfrica: “South Africa: Hot as Hell – KwaZulu-Natal Bird Die-Off a Sign of Climate Crisis, Scientist Believes” 7 July 2021

Climate Change and Energy

Business Day: Steyn L “Draft changes to electricity act nearly done – Mantashe” 8 July 2021

IOL: Majola G “‘SA green energy projects can plug power supply gap’” 8 July 2021

IOL: Faku D “Government is preparing to establish a new state-owned oil and gas sector” 8 July 2021

IOL: Ginindza B “Sasol, IDC deal to develop hydrogen economy in SA” 6 July 2021

TimesLive: Chambers D “Ancient eggshell opens crack into garden of Eden in the Northern Cape” 10 July 2021

Engineering News: Arnoldi M “Benefits of licence exemption depend also on expedited effort from enviro, water departments” 9 July 2021

Engineering News: Burger S “Kyalami receives energy performance certificate” 8 July 2021

Energy: Renewables pipeline enough to plug power gap – study
“SA has a pipeline of 184 renewable energy projects that would add 10.3GW of power generation capacity, more than enough to plug the country’s power supply gap, according to a study by auditing firm EY. A BusinessLIVE report notes that the finding is part of a study conducted by EY-Parthenon – a brand under which several EY member firms provide strategy consulting services – and funded by the EU Climate Commission. The report, ‘A clean Covid-19 recovery’, found that of the 184 projects, 94 are power-generation projects dominated by solar and wind technologies. Another 79 are in the transmission and distribution segment while 11 are storage projects. The majority of projects are still obtaining permits process and most are expected to be ready for construction in the next 24 months. ‘Deploying the available pipeline of renewable energy projects will enable SA to increase its total generation capacity by around 18%, substantially increasing the availability of reliable electricity and improving energy security,’ EY-Parthenon said in the report. While the pipeline requires investment of more than R526bn, the firm said the vast majority of the funding can be sourced from the private sector – which in any case is the primary driver of the size of the pipeline.” Full BusinessLIVE report (subscription needed) [Legalbrief 8 July 2021]

Energy: Thyspunt nuclear reactor back on the table
“The plan to build a nuclear reactor at Thyspunt near Cape St Francis is forging ahead, with public hearings scheduled for August. According to a report in The Herald, the hearings will consider a nuclear installation site licence – the first step in a long, complex process to determine whether a nuclear reactor can be built. The announcement of the public hearings comes four years after Eskom and the Department of Environmental Affairs said a reactor would be built at Duynefontein near Koeberg in Cape Town, rather than the Cape St Francis site. There was great jubilation among anti-nuclear groups at the time, but this turned to anger when it was then announced that a fresh set of hearings would take place in 2019. These were postponed later, but they will now be held in Cape St Francis on 25 August and Jeffreys Bay on 26 August, according to an announcement on the National Nuclear Regulator web site. The anti-nuclear coalition, Thyspunt Alliance, says it is not concerned with the scheduled hearings and is convinced that the regulator and Eskom are ‘flogging a dead horse’. But Jeffreys Bay’s Thyspunt Nuclear Development Forum believes a reactor in the area would boost the local economy. Nuclear regulator spokesperson Gino Moonsamy said the hearings in 2019 were postponed as the term for board members was coming to an end, states the report in The Herald. ‘A new board has been appointed and as a result the nuclear regulator decided to restart the public hearings,’ he noted. He said the regulator was obligated to hold hearings for public debate when considering a site application. Koeberg Alert Alliance’s Peter Becker believes the revived interest in the Thyspunt site was merely a distraction from more pressing issues. ‘We should be worrying about the safety of the existing plant at Koeberg, especially as it approaches the end of its design lifetime,’ he said.” Full report in The Herald (subscription needed) Legalbrief Environmental 6 July 2021

Energy: Business chambers support Karpowerships appeal
“Turkish company Karpowerships has the backing of business chambers who say they will appeal the decision to reject the environmental authorisations for floating power stations, Die Burger reports. The Eastern Cape Maritime Business Chamber and the National African Federated Chamber of Commerce and Industry (Nafcoc) yesterday announced that they will be fighting in the corner of Karpowerships with an appeal. The chambers described the decision by the Department of Environmental Affairs as ‘short-sighted and misinformed’. Nafcoc chairperson Mzukisi Gawu said energy security is urgently needed and a deviation from the stated plan to procure emergency electricity by using power ships places the ‘established agenda of a few above the needs of a nation’. Both chambers claim that Karpowerships held thorough and detailed consultations about its plans.” Full report in Die Burger (subscription needed) Legalbrief Environmental 6 July 2021

Local Government

CLES: “CLES Critical Conversation: Social Security Law as an Adaption Measure to Climate Change in South African Cities” with Prof Alex van den Heever (Wits) and Prof Ademola Jegede (UV) – Recording of 8 July 2021

The Conversation: Fitchett J “Jacarandas in parts of South Africa are flowering earlier: why it’s a warning sign” 5 July 2021

Mining

Extractives Baraza: “Sasol, IDC Sign On to Green Hydrogen Plans” 6 July 2021

GroundUp: Mutandiro K “A thriving trade has sprung up around informal mining in Gauteng” 7 July 2021

IOL: Faku D “SA’s mining industry safety record deteriorates” 9 July 2021

Bizcommunity: “SA mine deaths rose 33% in the first half 2021” 9 July 2021

BusinessLive: “Watch: Is President Cyril Ramaphosa disconnected from mining reality?” 8 July 2021

BusinessLive: “Watch: Transnet’s issues derail miners’ export potential” 8 July 2021

BBC: “How flooded coal mines could heat homes” 6 July 2021

Centre for Environmental Rights: “New report questions the IDC’s decision to finance Limpopo coal mining” 6 July 2021

Water, Waste, Oceans and Chemicals

Wits University: “Wits tackles water crisis through new water research programme” 8 July 2021 – Prof Tracy Humby is one of the two new research professors who will lead the research. We are proud of her achievement!

UNEP: “In South Africa, reversing land degradation would lead to economic gains: new study” 30 June 2021 [Legalbrief Environmental 6 July 2021]

GroundUp: Majola N “’Mice, cockroaches, mosquitos and flies were attracted to the dumping site’” 7 July 2021

South African Government: “Water and Sanitation reinstates the Blue and Green Drop programmes” 7 July 2021 [provided by Anél du Plessis, CLES, NWU]

IOL: Ntseku M “Call for national minister to intervene in wetlands pollution” 9 July 2021

Pollution: Researchers to map Umgeni River plastics hotspots
“UKZN has teamed up with The Ocean Cleanup – a Dutch NPO that is developing advanced technologies to rid the oceans of plastic – to investigate the mechanisms of plastic pollution in the uMngeni River and its transportation through all seasons. According to a report in The Mercury, the project will span three years (2021 to 2024), mapping plastic pollution hotspots and fluxes in the river and along the Indian Ocean coastline. ‘This is a project about mapping, trapping, collecting, processing, testing, modelling and engaging,’ said South African Research Chair for Waste and Climate Change Professor Cristina Trois, who is the lead investigator on the project along with colleague, Dr Thomas Mani, from The Ocean Cleanup. Trois said while palstics have brought many benefits to the modern world – for example in sterile medical products, and lightweight automotive and aviation components at the end of their use, plastics also posed a vast environmental problem. ‘Of the total of more than eight billion tons of plastics produced to date, a staggering 80% have already ended up in landfills or the environment. Once lost, plastics will fragment into smaller pieces, microplastics (less than 5mm), and pose a threat to ingesting organisms,’ she said. ‘The Ocean Cleanup pursues a strong research emphasis in line with its mission to rid the world’s oceans of plastic by deploying mechanical clean-up devices in the offshore ocean as well as in rivers,’ said Mani. With the use of satellite imagery, airplanes and drones, river cameras, floating GPS trackers, ‘litter-boom’ waste characterisation, underwater sampling and beach litter characterisation, this research partnership seeks new insights into the seasonal dynamics of plastic waste transport through the Umgeni River system and aims to provide a replicable model for cities in the West Indian Ocean region.” Full report in The Mercury (subscription needed) Legalbrief Environmental 6 July 2021

Miscellaneous

The Conversation: Ballot D “Water, power cuts and neglect are taking their toll on South Africa’s top hospitals” 7 July 2021

Mail & Guardian: Feltham L “Civil society coalition condemns South Africa’s report to the UN on inequality” 7 July 2021

Daily Maverick: Milo D and Pillay L “amaBhungane and the Constitutional Court: To disclose, or not to disclose, that is the CR17 question” 6 July 2021

Daily Maverick: Dolley C “State Capture 2.0: South Africa’s stirring threat” 10 July 2021

Daily Maverick: Pinnock D “The trouble with shooting stars” 10 July 2021

Africa

Biodiversity, Soil, Protected Areas and Culture

The Namibian: Mbathera E “Namibia: Fishrot-Linked Firm Slapped With N$1,8m Fine” 7 July 2021

Daily Maverick: “Ernst & Young and the scam that cost Mozambique $2.2bn” 5 July 2021

Daily Maverick: Langa L “Oil-drilling threat to Africa’s oldest national park highlighted by young activists’ documentary” 2 July 2021

allAfrica: Makokha S “Kenya: Residents Team Up to Protect Turbo, Nzoia Forests from Illegal Loggers” 8 July 2021

Climate Change and Energy

Lexology: “First-step analysis: the oil market and regulation in Ghana” 29 May 2021

allAfrica: “Zimbabwe: Billy Rautenbach’s Green Fuel Destroys Chipinge Villagers’ Crops” 9 July 2021

allAfrica: Jawo M and Waan S “Gambia: Windstorms Reportedly Kill 10, Displace Over 1500” 9 July 2021

allAfrica: “Africa: G20 Finance Ministers Under Pressure to Deliver Climate Funding for Poor” 9 July 2021

Environmental enforcement

Mail & Guardian: Phillips T and Bega S “Anglo American wins extension to respond to Zambian mine lead poisoning case” 8 July 2021

Local government

World Health Organisation: Accra Ghana Urban Health and Short-Lived Climate Pollutants (SLCP) Reduction Pilot Project

Mining

allAfrica: Salau A “Nigeria: Finally, National Assembly Passes Petroleum Industry Bill” 1 July 2021

BusinessLive: Seccombe A “Lawyers in Zambian poisoning case raise the pressure on Anglo – Key witness puts the miner at the heart of the claim over Kabwe contamination” 5 July 2021

allAfrica: Holt DE “Namibia: Calls to Halt Construction of Massive Oilfield in One of Africa’s Last Wildernesses” 8 July 2021

Water, Oceans, Waste and Chemicals

The Conversation: Alabi O “Nigeria’s electronic waste is a public health problem and needs urgent attention” 4 July 2021

Bizcommunity: Nichols M “UN Security Council backs AU bid to broker Ethiopia dam deal” 9 July 2021

Bizcommunity: Thomas S “Water is the foundation of the Big Four Agenda” 6 July 2021

Marine: Anglo powers ship with cooking oil
“Anglo announced last week that it successfully powered the Capesize vessel – a large bulk carrier – with a biodiesel blend that was produced by converting waste cooking oil from Singapore’s food and beverage industry, thereby reducing carbon dioxide emissions compared with using 100% conventional marine fuel. A BusinessLIVE report notes that as the pressure grows for governments and businesses to curb their carbon emissions in the face of climate change, Anglo has committed to decarbonise its operations to become carbon-neutral across all its operations by 2040. At its mines, Anglo is developing hydrogen fuel-cell technology to power its trucks, and it has committed to adopt and contract next-generation freight capacity to transport its commodities by sea. The trial, conducted on-board the Frontier Jacaranda, a carrier owned by Japanese shipping company NYK Line, was instrumental in verifying the stability of the biofuel in storage and its performance as a fuel, Anglo said. Toyota Tsusho Petroleum supplied the biodiesel blend, consisting of 7% biofuel and 93% regular fuel. This combination reduces carbon dioxide emissions by about 5%, is compliant with the International Organisation for Standardisation’s requirement for marine fuels, and requires no substantial engine modifications.” Full BusinessLIVE report (subscription needed) [Legalbrief Environmental 6 July 2021]

Miscellaneous

The Conversation: Ojewale O “What’s driving violence in Nigeria’s north central region” 7 July 2021

The Conversation: Seruwage G  “What Uganda has got wrong – and right – in its struggle to contain COVID-19” 6 July 2021

The Conversation: Bjornlund H, Van Rooyen AF an and Bjornlund V “Tracing the history of farming across Africa gives clues to low production outputs” 5 July 2021

The Conversation: Mausch K et al “Resolving tensions between global development goals and local aspirations” 8 July 2021

allAfrica: Olugbode N “Nigeria: Environmental Challenges – Govt Seeks UN’s Help” 8 July 2021

International

Biodiversity, Protected Areas, and Culture

The Conversation: Auerbach J, Trisos C and Katti M “Five shifts to decolonise ecological science – or any field of knowledge” 5 July 2021

Lexology: “An Overview of the Listing Process Under the California Endangered Species Act” [USA] 8 July 2021

IISD SDG Knowledge Hub: “Preventing Future Pandemics Starts with Protecting Our Forests” 6 July 2021

IISD SDG Knowledge Hub: “Fisheries Talks Chair Presents Revised Text Ahead of July Ministerial” 8 July 2021

IISD ENB: 2021 High-Level Political Forum on Sustainable Development (HLPF 2021) | Towards a Road to Sustainable and Resilient Recovery in Mountains | 8 July 2021 | Online

The Guardian: Cecco L “‘Heat dome’ probably killed 1bn marine animals on Canada coast, experts say” 8 July 2021

IISD ENB: 3rd ASEAN Conference on Biodiversity: Final session | 5 July 2021 | Online

Conservation Litigation: A website with case studies from all over the world

Thomas Reuters Foundation: Neslen A “’We will disappear’: Sami reindeer herders fear increase in Finnish logging” 1 July 2021

Thomas Reuters Foundation: Neslen A “EU biofuels goals seen behind deforested area as big as the Netherlands” 4 July 2021

Thomas Reuters Foundation: Valente M “In Argentina, Gran Chaco pushed to the brink by logging, farming” 5 July 2021

Thomas Reuters Foundation: Taylor M “Fund nature protection now or face huge losses, says World Bank” 1 July 2021

Mongabay: “Chinese special economic zones hotspots for wildlife trafficking, surveys say” 11 June 2021 [INECE Newsletter #71 of 7 July 2021]

This Week in Asia: Chew A “Land clearing for palm oil plantations jeopardises Indonesia’s climate commitments, harms rural communities: report” 11 June 2021 [INECE Newsletter #71 of 7 July 2021]

Daily Maverick: Pinnock D “CITES has failed the natural world. Here’s how it can be fixed” 4 July 2021

Science: Pérez Ortega R “‘They were destined to drown’: How scientists found these seabirds a new island home” 29 June 2021

Mail & Guardian: Gilili C “Sanctuary for sister tigers saved from circus” 9 July 2021

The Guardian:  Ni V “Giant pandas no longer endangered in the wild, China announces” 9 July 2021

The Independent: Dunne D “UK must lead the way by making ‘ecocide’ a criminal offence, Green Party peer urges” 6 July 2021

The Independent: Cockburn H “Argentina becomes first country to ban open-net salmon farming due to impact on environment” 8 July 2021

Climate Change and Energy

Nature: Schiermeier Q “Climate change made North America’s deadly heatwave 150 times more likely” 8 July 2021

CNN: De Puy Kamp M “ How marginalized communities in the South are paying the price for ‘green energy’ in Europe” 9 July 2021

Southern Environmental Law Center: “Biomass Energy in the South” 10 March 2021 – see map of area | read also various articles here

Yahoo/Finance: “France calls for global floor on carbon pricing” 9 July 2021

Balkan Green Energy News: “Kopač: Coal plants in Energy Community reaping profits as CO2 isn’t priced” 9 July 2021

Lexology: “Congress Repeals Trump-Era Methane Rule for the Oil & Gas Sector: What Happens Now?” 6 July 2021

Lexology: “New Developments Could Raise the Temperature of Climate Change Disclosure” [USA] 8 July 2021

Lexology: “Overview of innovation in clean Technologies in Mexico” 8 July 2021

Lexology: “A proposed Hydrogen Guarantee of Origin Scheme: A major step in Australia becoming a world leader in the hydrogen sector” 8 July 2021

Lexology: “Australia: AgriTech – a promising response to climate change” 8 July 2021

IISD SDG Knowledge Hub: “IRENA Forum Explores Role of Energy Transition in Achieving 1.5°C Goal” 6 July 2021

IISD SDG Knowledge Hub: “Renewables, Efficiency Present “A Fighting Chance” at 1.5°C: IRENA Report” 6 July 2021

IISD SDG Knowledge Hub: “Reports, HLDE Ministerials Show “Where We Must Go” in Energy Transition” 8 July 2021 – Reports:  Energy Access; Innovation, Technology and Data; Energy Transition; Enabling SDGs through Inclusive, Just Energy Transitions; Finance and Investment

Carbon Pulse: “New Zealand proposes rules to limit overallocation to industrials in ETS” 8 July 2021

Carbon Pulse: “Global CO₂ emissions in 2020 fell by most since WW2 –BP” 8 July 2021

Flight Global: Dunn G “IATA to outline fresh sustainability targets at October AGM” 8 July 2021

Euractiv: Taylor K “ECB pledges to factor climate change more into policy” [EU] 8 July 2021

Reuters: Twidale S “Britain must engage the public on net zero climate goals –lawmakers” 8 July 2021

Clean Energy Wire: Appunn K “Govt compensates companies for CO₂ price to prevent carbon leakage” 8 July 2021

MassAudobon: Solar Energy Siting | also see Model Law [USA] | read an opinion on clearing forests for solar farms | on co-existence of solar and agriculture – read here | and a guide for farmers in relation to use of solar

Lexology: “Greening Canadian Borders – Canada Considers Border Carbon Adjustments for Carbon-Intensive Imports” 6 July 2021

IISD ENB: Vienna Energy Forum (VEF) 2021 | 5–7 July 2021 | Online

UK.gov: “UK releases Presidency programme for major climate summit in Glasgow” 7 July 2021

The Guardian: Ambrose J and Wearden G “UK’s climate targets will cost less than battling Covid, says OBR” 6 July 2021

Environmental Investigation Agency: “Europe’s most chilling crime – the illegal trade in HFC refrigerant gases” 6 July 2021

Chemistry World: Purcell J “Sub-zero water splitting marks a new dawn for solar hydrogen production” 5 July 2021

Lexology: “What to expect from the European Commission’s revised Climate, Energy and Environmental Aid Guidelines 2022?” [Belgium] 6 July 2021

Extractives Baraza: “Rebound in Global Gas Demand Threatens International Climate Targets – IEA” 6 July 2021

Reuters: Abnett K “EU drafts plan to grow ‘carbon sinks’ in climate change fight” 6 July 2021

Euractiv: “Rebound in global gas demand threatens international climate targets – IEA” 5 July 2021

EC: “Eurobarometer Survey: Europeans consider climate change to be the most serious problem facing the world” 5 July 2021

Reuters: “Germany, four others oppose classing nuclear as green in EU” 2 July 2021

The Irish Times: “Complaint made to EU over State policy on financing climate fund” 5 July 2021

Mail & Guardian: Smit S “Oil volatile amid cartel crisis” 9 July 2021

IOL: “Solar power is getting cheaper and even more powerful” 9 July 2021

The Guardian: Ambrose J “Global wind and solar power capacity grew at record rate in 2020” 8 July 2021

Reuters: Lawder D “G20 recognizes carbon pricing as climate change tool for first time” 10 July 2021

Environmental Enforcement

Walhi: “WALHI North Sumatra Files Lawsuit Against PT. Nuansa Alam Nusantara for Illegally Keeping Animals in a Zoo Without Permits” 13 April 2021

The Guardian: Readfearn G “Australian government to appeal ruling that it must protect children from climate harm” 9 July 2021

Lexology: “Environment and Planning 5 Minute Fix 15: climate change, plastic waste, EPBC Act reforms” [Australia] 8 July 2021

The Jurist: Johnson H “France Senate blocks Macron’s plan to enshrine climate change fight in constitution” 7 July 2021

Lexology: “Environmental Legislative and Regulatory Developments: Québec Keeps Up the Pace” [Canada] 9 June 2021

Lexology: “Supreme Court Update: Supreme Court reaches decisions on HollyFrontier and PennEast Pipeline cases” 2 July 2021

Homeland Security Today: “EU Agencies Come Together to Tackle Environmental Crime” 5 June 2021 [INECE Newsletter #71 of 7 July 2021]

BBC: “Berta Cáceres: Ex-dam company boss guilty of planning Honduran activist’s murder” 6 July 2021

Reuters: Abnett K “Public, not polluters, too often pay to clean up environment, EU auditors say” 5 July 2021

Euractiv: Taylor K “Leaked diplomatic cables show ‘limited progress’ in Energy Charter Treaty reform talks” 6 July 2021

The Jurist: Khandelwal K “European Commission imposes €875 million fine on BMW, Volkswagen for emissions technology cartel” 9 July 2021

The Jurist: Guinn T “Former Honduras army intelligence official convicted in murder of environmental activist” 8 July 2021

Carbon Brief: “Guest post: How attribution can fill the evidence ‘gap’ in climate litigation” 28 June 2021

Local government

ICLEI City Talk: “How ICLEI is helping cities and regions on their climate neutrality journey” 24 June 2021

Urbanet: Omram D and Huq N “Co-Designing Resilient Recovery in Cities – New Partnerships for a New Era” 29 June 2021

ICLEI City Talk: Fonseca B “ICLEI and Google.org launch case studies on Data-Driven Climate Action” 22 June 2021

ICLEI: “Three Argentinian cities build a vision for a fair and sustainable energy transition by 2050” 11 June 2021

ICLEI: “West Nusa Tenggara envisions a 100% renewable energy future” [Indonesia] 10 May 2021

ICLEI: Zhang Y “Transitioning towards electric buses: Barriers and opportunities” 4 June 2021

ICLEI: “Peer-to-peer learning among Urban-LEDS cities continues” 5 April 2021

ICLEI: “Narayanganj city furthers its urban low emission development through innovative pilot projects” [Bangladesh] 15 April 2021

ICLEI: “Case Study: Circuito Sur Financing Sustainable Mobility as a Road to Urban Integration” [Yukatan] (May 2021)

Lexology: “CITY2040 : The pressures on UK cities An opportunity for change” 7 July 2021

Carbon Pulse: “Yangtze River Delta sees first city roll out ‘inclusive’ carbon market” 8 July 2021

Thomas Reuters Foundation: Arsenault C “Sizzling house prices put the squeeze on farmland in Canada” 6 July 2021

Thomas Reuters Foundation: Chandran R “Master plan for Delhi dreams big but may bypass poor” 2 July 2021

IOP: McGraw J “Long-term urban emissions data show a decrease in high-income countries” 6 July 2021 [Also South Africa data]

The Guardian: Weston P “Went to mow … but stopped: how UK cities embraced the meadows revolution” 10 July 2021

The Independent: Boydell R “What will happen to our buildings as the climate crisis accelerates?” 7 July 2021

Mining

The Jurist: Geris E “UN rights expert calls for sanctions on Myanmar gas and oil sectors” 8 July 2021

Water, Oceans, Waste and Chemicals

The Conversation: Parker M and Ford A “Fish hooked on meth – the consequences of freshwater pollution” 7 July 2021

Science: Cantwell M “How ‘managed retreat’ can help communities facing sea-level rise” 9 July 2021

Lexology: “EPA proposes Expansive and Retroactive Reporting rule for PFAS” 7 July 2021

IISD SDG Knowledge Hub: “Investment Facilitation Negotiators Review Proposals, Share Views on Implementation” 6 July 2021

IISD ENB: Berlin Forum on Chemicals and Sustainability | 7–8 July 2021 | Summary report

Lexology: “The Maritime Area Planning Bill is published” [Ireland] 6 July 2021 – read also here

The Guardian: Corlett E “New Zealand has lost thousands of hectares of wetlands in past decades, study shows” 1 July 2021

Mail & Guardian: Phillips T “Scientific panel yet to be appointed over artificial breach of Lake St Lucia” 10 July 2021

The Guardian: Perkins T “Toxic ‘forever chemicals’ are contaminating plastic food containers” 9 July 2021

The Guardian: Laville S “Southern Water fined record £90m for deliberately pouring sewage into sea” [UK] 9 July 2021

Miscellaneous

Alliance for Hydromet Data: Watch the Systematic Observations Financing Facility (SOFF) video

Tokyo 2020: “Tokyo 2020 publishes update to sustainability pre-Games report” 9 July 2021

IISD ENB: 2021 High-Level Political Forum on Sustainable Development (HLPF 2021) | 6–15 July 2021 | Online

IISD SDG Knowledge Hub: “SDGs Report 2021: COVID-19 Led to First Rise in Extreme Poverty in a Generation” 8 July 2021

IISD SDG Knowledge Hub: “HLPF Opens with Calls to Use 2030 Agenda to Build Back Better” 8 July 2021

IISD SDG Knowledge Hub: Ordóñez A and Gadgil A “Pandemic Breeds Widespread Power Imbalance” 4 July 2021

IISD SDG Knowledge Hub: Staudenmann J, Eklow K and Trimmer C “No Sustainable Development Without an Environment of Peace” 4 July 2021

The New York Times: Imbler S “The Maori Vision of Antarctica’s Future” 2 July 2021

IISD ENB: 2021 High-Level Political Forum on Sustainable Development (HLPF 2021) | Sustainable Fashion Hard Talk | 7 July 2021

Thomas Reuters Foundation: Blomberg M “’Please show mercy’: Evicted by Cambodia, ethnic Vietnamese stuck at watery border” 1 July 2021

Carbon Pulse: “European Commission adopts green investment roadmap, voluntary bond standard” 6 July 2021

Carbon Pulse: “Western Australia state govt launches funding scheme for carbon farming projects” 6 July 2021

Lexology: “Blog: It’s Our Big Moment – Environmental Law’s Chance to Shine as the “E” in ESG” [USA] 30 June 2021

The Law Society Gazette: Fouzder M “News focus: Lawyers zero in on climate change” 5 July 2021

Conferences, Workshops, Study Opportunities

National

• 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

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

• 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

International

The Road to COP 26/CMA 3 Preparatory Lecture Series:
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

IAIA22: Confidence in Impact Assessment: Policies, partnerships and public involvement
Dates: 4-7 May 2022
Place: Vancouver Convention Center East, Vancouver, Canada
More information

ACCESS Conversations on Climate Change

Panel 1: What exactly is UNFCCC, IPCC, NDCs, & COP; how does it all work & how does it affect us ? With Xolisa Ngwadla and Debra Roberts, moderated by Guy Midgley (27th July @16h00).

• Panel 2: What is this COP all about, what outcomes are sought? What are the big and important geopolitical forces and concerns? How important are activists and lobbyists? August. Details to follow. •IPCC Assessment Report 6 launch events – To be announced (This will most likely be a separate set if events which will we will inform you about).
• Panel 3: What is SA position going into the event – What is SA’s contribution and role? October. Details to follow.
• Panel 4: Live from COP – what’s happening and what can we anticipate? November. Details to follow.
• Panel 5: COP retrospective: what was achieved and what does it mean for us here? December. Details to follow.

To register please follow this link.

ISRCL Webinar: Covid-19 and criminal justice systems: challenges and legacy
Date: Wednesday, 14 July 2021
Time: 17:00 SAST (16:00 in Ireland, United Kingdom, West Africa; 17:00 Southern Africa, Western Europe; 19:00 East Africa; 07:00 British Columbia)
The Zoom webinar is scheduled for 2 hours. Presentations are limited to 15 minutes each. There will be some time for questions and answers. Please register in advance here. Attendees will be muted but will have options to pose questions. Due to time constraints, we strongly encourage attendees to submit question in advance by email.

CRISPR Crops: How Scientists are Using Genome Editing to Sequester Carbon
Date: Tuesday, July 27, 2021
Time: 7:00 PM – 8:00 PM SAST
More information

ICLEI Webinar: Effective Local Stakeholder engagement for climate and energy action
Date: Jul 23, 2021
Time: 05:00 PM
Registration

Virtual Environmental Law Network International, Flemish Environmental Law Association:  Challenges of European Environmental Law Towards 2030 – Webinar Series: III. Protection of Groundwater Under the Water Framework Directive: Member States Obligations and Recent Judgments
Date: 9 November 2021
More information

International Network of Basin Organizations (INBO): 19th EUROPE-INBO International Virtual Conference for the Implementation of the European Water Directives
Dates: 8 December 2021 – 10 December 2021
More information

Building post-COVID recovery around wealth rather than GDP
How can measures of wealth that go beyond GDP be used to prioritize post-COVID recovery actions and contribute to SDGs? Find answers at this HLPF side event.
Date: 12 July 2021
Time: 1:00 pm – 2:30 pm EDT
More information and registration

Vacancies, Bursaries, Funding, Opportunities, etc.

National

University of Fort Hare: Dean of Law
Closing date: 16 July 2021
More information

Register with Future Earth
Future Earth, the world’s largest community of sustainability scientists, has been operational for over six years. In that time, the urgency of our work has only increased, and it is now time to position this global organization to achieve the next level of impact. Future Earth is making a bold shift to become a more inclusive, accessible, transparent, and transformative organization, promoting sustainability science globally, nationally, and locally. The first step in this transition was to create opportunities for more countries and regions around the world to play an integral part in Future Earth operations by joining and leading the Future Earth Global Secretariat, and I am pleased to tell you that the first round of applications is under review and the Future Earth Global Secretariat hubs will be announced shortly.
At the same time, we have worked together to improve our governance structures to increase transparency and to better represent the global community of sustainability scientists we serve in the bodies that shape direction for our organization. By the end of 2021, the new, simplified governance structure, consisting of an Assembly and a Governing Council will be in place.
Each Future Earth entity – the Global Research Projects, the Knowledge Action Networks, the National, subnational and Regional Structures and Entities, the Global Secretariat Hubs, Early Career Researchers, Sustainability Experts from Low and Middle Income Countries and Partner and Custodian Organizations – will have representatives within the Assembly. Moving forward, the entire Future Earth Community will have a voice and representation in this new structure to set priorities, strategic directions and elect the Governing Council. The Governing Council will prioritize ideas and activities and enable the expanded Global Secretariat to serve the community and carry out actions to help Future Earth reach its goals and fulfill its mission.
The Future Earth Assembly will gather for the first time online, on 29 and 30 September 2021 to elect the new Governing Council. Your entities play a key role in the new governance of Future Earth and the first step is to select your representatives that will serve in this new structure.  The Implementation Team and the Global Secretariat have assembled information about the Assembly meeting.  Please refer to this information to understand your potential role in the Assembly and how you might engage in the election process.
Action requested:
In order to create the Assembly, each existing regional committee or entity is asked to select representatives who will serve for 3-year terms no later than 23 July 2021.
In addition, Future Earth is looking for sustainability experts (from the community or not yet) from Low and Middle Income Countries (LIC-MIC) to be the voices of these countries in the development of the Future Earth core agenda, strategies, activities and structures. If you are LIC-MIC or would like to nominate someone, then please use this FORM. Should you seek support/endorsement from Future Earth Regional Office for Southern Africa (FEROSA) please also send your CV to the following addresses:  or . A selection committee will then select the top 10 nominees. Feel free to reach out to  if you have any questions regarding these processes.

Human Sciences Research Council: Research Director
Closing date: 30 July 2021
More information

Human Sciences Research Council: Senior/Chief Research Specialist
Closing date: 30 July 2021
More information

International

Doctoral Scholarship in Energy and Environmental Economics University of Antwerp Faculty of Business and Economics Belgium

PhD Position in Green Participation Catholic University of Leuven Department of Architecture Belgium

Dean of Law Auckland University of Technology School of Law New Zealand

Associate Professor in International and European Law Utrecht University Utrecht University School of Law Netherlands

Assistant Professor of Law Singapore Management University Yong Pung How School of Law Singapore

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

Full Professorship of Social Inequality and Social Policy University of Potsdam Faculty of Economics and Social Sciences Germany

Research Leader – Land Capability Analysis Australian Government Department of Defence | Australia

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

PhD Scholarship in International Law and Military Operations University of Copenhagen Faculty of Law

Postdoctoral Fellow in Civil Society and Governance  University of Hong Kong Centre for Civil Society and Governance

PhD Position in Environmental Science  Lund University Department of Political Science

Professorship in Trade, Banking, Company, and Capital Markets Law  University of Zurich Faculty of Law

Professorship in Commercial and Business Law  University of Zurich Faculty of Law

Lecturer in Sustainability, Innovation and Energy Policy  University of Sussex

Postdoctoral Associate in Law  University of Florida Levin College of Law

Senior Advisor and Team Leader, Environment and Climate Change, UNDP – New Delhi

End