Abstract
South Africa is internationally renowned for its rich biodiversity heritage that comprises, amongst others, many endemic animals and birds, an abundance of marine biodiversity and a large diversity of flora populations.1 These biodiversity resources are however under continual threat of exploitation and extinction. Moreover, South Africa is in the process of social, developmental and economical reconstruction and upliftment. These considerations may place an additional burden on biodiversity resources if the developmental needs of society are not balanced harmoniously with the conservation needs of the environment in general, and biodiversity resources in particular.
Highlights
South Africa is internationally renowned for its rich biodiversity heritage that comprises, amongst others, many endemic animals and birds, an abundance of marine biodiversity and a large diversity of flora populations.[1]
The State must comply with this constitutional duty by way of 'reasonable legislative and other measures' which must, inter alia, prevent pollution and ecological acts may be promulgated. See in this regard Johan Nel and Willemien Du Plessis, 'An Evaluation of NEMA Based on a Generic Framework for Environmental Framework Legislation' (2001) South African Journal of Environmental Law and Policy 1-37
International environmental law (IEL), and international law on biodiversity, is growing rapidly in response to international needs to provide a comprehensive framework for biodiversity conservation.[146]
Summary
South Africa is internationally renowned for its rich biodiversity heritage that comprises, amongst others, many endemic animals and birds, an abundance of marine biodiversity and a large diversity of flora populations.[1]. See in this regard Johan Nel and Willemien Du Plessis, 'An Evaluation of NEMA Based on a Generic Framework for Environmental Framework Legislation' (2001) South African Journal of Environmental Law and Policy 1-37. The article concludes with suggestions on how these instruments may further guide the interpretation, implementation and enforcement of the NEMBA
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