A comparative study of the enforcement of environmental law with regard to the conservation of fauna and flora in the RSA

Kirby, Ronald Vernon

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