dc.contributor.advisor |
Bray, Elmene
|
|
dc.contributor.advisor |
Despite the rise in environmental awareness, the inclusion of an "environmental right"
in the South African Constitution and the promulgation of new environmental
legislation, such as the National Environmental Management Act 107 of 1998, the
degradation of eco-systems in South Africa continues at an alarming rate because
fauna and flora species are added to the endangered species list almost annually.
Inadequate enforcement of environmental laws has been identified as a reason for the
continuing degradation of biodiversity in South Africa. The object of this study was to
examine relevant laws and strategies currently used in South Africa to enforce
environmental law and their effectiveness in the conservation of fauna and flora.
Alternative/additional strategies were also explored in an attempt to find applicable,
and possibly more effective, ways of enforcing compliance with environmental laws.
For this purpose a comparative study of the enforcement mechanisms and additional
strategies employed in Australia and New Zealand was undertaken.
Chapter one examines relevant basic concepts, such as "environment", "fauna and
flora", "biodiversity", "sustainable development" and "environmental law", followed
by a discussion of the principal laws applicable to fauna and flora in chapter two.
Enforcement mechanisms currently employed in South Africa is the topic of chapter
three, while possible alternative or additional strategies of enforcing environmental
laws are investigated in chapter four. Throughout comparisons have been made to
similar aspects of environmental law in Australia and New Zealand.
Chapter five contains conclusions and recommendations. It was found that South
Africa has sufficient and adequate environmental laws to effectively conserve native
fauna and flora. Despite the shortcomings of the criminal law sanctions no adequate
mechanism exists to replace it as an enforcement mechanism. However, to
successfully promote conservation efforts, alternative/additional strategies that would
encourage compliance with relevant laws have to be explored and utilised. Through
these strategies, the necessity of prosecution and litigation may be avoided.
Finally, the cultivation of public awareness through environmental education will
ultimately be decisive to the success of fauna and flora conservation in South Africa.
|
|
dc.contributor.author |
Kirby, Ronald Vernon
|
en |
dc.date.accessioned |
2015-01-23T04:24:53Z |
|
dc.date.available |
2015-01-23T04:24:53Z |
|
dc.date.issued |
2002-08 |
en |
dc.identifier.citation |
Kirby, Ronald Vernon (2002) A comparative study of the enforcement of environmental law with regard to the conservation of fauna and flora in the RSA, University of South Africa, Pretoria, <http://hdl.handle.net/10500/17092> |
en |
dc.identifier.uri |
http://hdl.handle.net/10500/17092 |
|
dc.format.extent |
1 online resource (xv, 330 leaves) |
en |
dc.subject |
Environment |
|
dc.subject |
Biodiversity |
|
dc.subject |
Sustainable development |
|
dc.subject |
Fauna and flora |
|
dc.subject |
Environmental laws of South Africa Australia and New Zealand |
|
dc.subject |
Enforcement mechanisms |
|
dc.subject |
Additional enforcement strategies |
|
dc.subject.ddc |
344.46068 |
en |
dc.subject.lcsh |
Environmental law -- South Africa |
en |
dc.subject.lcsh |
Nature conservation -- Law and legislation -- South Africa |
en |
dc.title |
A comparative study of the enforcement of environmental law with regard to the conservation of fauna and flora in the RSA |
en |
dc.description.department |
Law |
|
dc.description.degree |
LL.D. |
en |