Threatened Biodiversity, the NEMA EIA Regulations and Cultivation of Virgin Land:  More of the Sorry Same?

The environmental impact assessment (EIA) regulations published in terms of the National Environmental Management Act 107 of 1998 (NEMA) have extended an unprecedented degree of environmental oversight into the domain of agricultural decision-making. However, threatened Cape flora occurring in remnants of less than three hectares in extent will be denied such protection pending their incorporation in a national list of threatened ecosystems. Until such listing, unresolved legal questions that inhibited the effective consideration of biodiversity in agricultural decision-making prior to the promulgation of the NEMA EIA regulations are likely to persist—to the detriment of a globally imperilled biodiversity. This contribution sets out to identify some of the key issues that inhibited mainstreaming of biodiversity in agri-environmental decision-making in the Western Cape. It also attempts to show that the NEMA EIA dispensation has inherited some problems in respect of cultivation that would result in the transformation or removal of less than three hectares of vegetation in Critically Endangered and Endangered ecosystems—which, until listed in terms of biodiversity law, will have no legal protection. Lastly, the contribution provides an analysis of, and suggest a number of options for ensuring that biodiversity is given its appropriate due in the issuing of cultivation permits that otherwise may contribute to the further degradation and loss of some of the most threatened elements of the globally unique Cape flora.

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The incorporation of Māori environmental values as part of the Ruamāhanga Whaitua Implementation Programme in the Wellington Region, Aotearoa New Zealand

10.26686/wgtn.17151569.v1 ◽

2021 ◽

Author(s):

◽

Bryn Cal Hickson Rowden

Keyword(s):

Environmental Management ◽

Decision Making ◽

New Zealand ◽

Theory Approach ◽

Structured Interviews ◽

Environmental Decision Making ◽

Aotearoa New Zealand ◽

Management Processes ◽

Local Government Level ◽

Implementation Programme

<p>In recent years, there has been significant efforts to create frameworks in which Māori values are incorporated as part of environmental management processes in Aotearoa New Zealand(Forster, 2014; Harmsworth et al., 2016). This research explores the factors that influence the incorporation of Māori values at the local government level, and what barriers Māori values face to being incorporated in environmental management. This research focused on a case study of the Ruamāhanga Whaitua Committe Implementation Programme process in the Wellington region. Semi-structured interviews were used to collect information on the opinions of members of the Ruamāhanga Whaitua Committee. The interviews were analysed using a critical theory approach. The research found that there was a clear discrepancy between the values and behaviours expressed by some non-Māori members of the Committee. The result of such a discrepancy was that Māori values were not sufficiently part of environmental decision making. Such a discrepancy was a result of the political structures of the Regional Council’s Whaitua Implementation Programme process. The majority of the decision-making power was found to be situated ‘higher’ up in the organisation, outside of the Committee. Overall this research found that there are important opportunities to make sure iwi values are not only included, but form the basis of decisions.</p>

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The Summarized Study of Heavy Metal Pollution in the City Soil

Applied Mechanics and Materials ◽

10.4028/www.scientific.net/amm.587-589.842 ◽

2014 ◽

Vol 587-589 ◽

pp. 842-848

Author(s):

Ting Lu ◽

Chang Chun Xu ◽

Guang Wei Pan ◽

Yan Qin ◽

Hong Tang

Keyword(s):

Environmental Management ◽

Decision Making ◽

Heavy Metal ◽

Metal Pollution ◽

Heavy Metal Pollution ◽

Biological Effects ◽

Chemical Forms ◽

Related Research ◽

Environmental Decision Making ◽

The City

Summarized the advance of research on biological effects of heavy metal pollution sources, city content in the soil, chemical forms of distribution, accumulation and pollution restoration in recent years, in order to provide reference for the related research, environmental decision-making and environmental management.

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The incorporation of Māori environmental values as part of the Ruamāhanga Whaitua Implementation Programme in the Wellington Region, Aotearoa New Zealand

10.26686/wgtn.17151569 ◽

2021 ◽

Author(s):

◽

Bryn Cal Hickson Rowden

Keyword(s):

Environmental Management ◽

Decision Making ◽

New Zealand ◽

Theory Approach ◽

Structured Interviews ◽

Environmental Decision Making ◽

Aotearoa New Zealand ◽

Management Processes ◽

Local Government Level ◽

Implementation Programme

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Article 9.2 of the Aarhus Convention and eu Law

Journal for European Environmental & Planning Law ◽

10.1163/18760104-01104004 ◽

2014 ◽

Vol 11 (4) ◽

pp. 367-391 ◽

Cited By ~ 2

Author(s):

Jan Darpö

Keyword(s):

Decision Making ◽

Environmental Law ◽

Access To Justice ◽

Environmental Decision Making ◽

Aarhus Convention ◽

Key Issues ◽

Important Means ◽

Judicial Protection ◽

Environmental Decision

One important means for the implementation of the third pillar of the Aarhus Convention into eu law is the provisions on access to justice in the eia Directive (2011/92). The case-law of the cjeu on those provisions has developed rapidly in the last couple of years. This body of cases has given the concept “access to justice in environmental decision-making” a new meaning and improved the understanding of the requirement for judicial protection under eu environmental law. The aim of this article is to highlight this development and discuss a couple of key issues on access to justice. First, the relationship between “direct effect” and the individuals “rights” and the principles of effectiveness and judicial protection according to eu law is analysed. Thereafter, the meaning of “substantive and procedural legality” and the distinction between general and personal interests in relation to individual’s standing are discussed. The next issue concerns the role of environmental non-governmental organisations. Finally, the concept “courts or tribunals” in environmental decision-making procedures is considered.

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The Santa Barbara Oil Spill and Its Effect on United States Environmental Policy

Sustainability ◽

10.3390/su10082750 ◽

2018 ◽

Vol 10 (8) ◽

pp. 2750 ◽

Cited By ~ 2

Author(s):

Teresa Sabol Spezio

Keyword(s):

United States ◽

Decision Making ◽

Environmental Policy ◽

Oil Spill ◽

The United States ◽

National Environmental Policy Act ◽

Santa Barbara ◽

Environmental Decision Making ◽

Proactive Approach ◽

National Environmental

The National Environmental Policy Act of 1970 (NEPA) paved the way for comprehensive federal environmental policy in the United States. NEPA has successfully allowed citizens and others to become active participants in the environmental decision-making process for federal infrastructure projects throughout the evolution of environmental policy in the United States. Its efficacy was enhanced because of an oil spill off the Santa Barbara coast in January 1969. This disaster gave the framers of NEPA an example of the consequences of the lack of environmental policy in federal decision making. Using their original proactive approach along with the reactive response to the spill, they created a policy that has can be seen as a foundation for 21st century sustainability and resilience programs.

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A SYSTEMIC FRAMEWORK FOR ENVIRONMENTAL DECISION-MAKING

Journal of Environmental Assessment Policy and Management ◽

10.1142/s146433329900003x ◽

1999 ◽

Vol 01 (01) ◽

pp. 1-26 ◽

Cited By ~ 29

Author(s):

RITA VAN DER VORST ◽

ANNE GRAFÉ-BUCKENS ◽

WILLIAM R. SHEATE

Keyword(s):

Environmental Management ◽

Decision Making ◽

Sustainable Development ◽

Paradigm Shift ◽

Environmental Management System ◽

Clean Technology ◽

Environmental Decision Making ◽

New Challenges ◽

Philosophical Understanding ◽

Environmental Decision

The context of sustainable development poses new challenges for traditional environmental decision-making tools, such as environmental impact assessment, environmental management system and life cycle assessment. Today these tools are expected to provide multi-disciplinary information to aid sustainability decisions, not just to inform decisions about environmental effects. This paper brings together the different perspectives of authors from EIA, EMS and clean technology/LCA to examine critically the separate tools in the context of sustainable development, and their inter-relationships, and identifies a "tool-user's dilemma": whether to use a tool as intended, to adapt it or develop something new. The paper examines the similarities of these key tools and recognises both a paradigm shift and a congruence in the way in which they have developed: from being merely tools, through being techniques to approaches. The paper concludes by suggesting an integrated framework within which the tools can continue to operate effectively, and one that helps resolve the tool-user's dilemma. Clean Technology is seen as providing a useful philosophical understanding for the operation of this outline framework.

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1. International Law and the Environment

10.1093/he/9780199594016.003.0001 ◽

2021 ◽

pp. 1-44

Author(s):

Alan Boyle ◽

Catherine Redgwell

Keyword(s):

Decision Making ◽

Environmental Justice ◽

Natural Resources ◽

Public Participation ◽

International Law ◽

Environmental Law ◽

Sustainable Use ◽

Environmental Decision Making ◽

Environmental Disputes ◽

National Environmental

This chapter provides an overview of the purpose of this book. It starts by saying what the book does not expect to do. The text does not intend to answer the question whether the law we have now serves the needs of environmental justice or fairness among nations, generations, or peoples. It does, however, attempt to show, inter alia, how international law has developed a framework for cooperation on environmental matters between developed and developing states; for the adoption of measures aimed at control of pollution and conservation and sustainable use of natural resources; for the resolution of international environmental disputes; for the promotion of greater transparency and public participation in environmental decision-making; and for the adoption and harmonization of national environmental law.

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