scholarly journals The Impact of Environmental Management Plans on Firms’ Compliance with Governmental Regulations and Environmental Laws

2015 ◽  
Vol 5 (1) ◽  
pp. 30
Author(s):  
Hlamulo Reply Makelane
Keyword(s):  
Environmental Management ◽  
Impact Assessment ◽  
Industrial Development ◽  
Environmental Law ◽  
Research Question ◽  
Environmental Damage ◽  
Environmental Standards ◽  
Environmental Laws ◽  
The Impact ◽  
Laws And Regulations

<p class="emsd"><span lang="EN-GB">Many developed and developing countries have enacted environmental laws and regulations to control water quality and the environment. However, human activities, such as agriculture, urban and industrial development, mining, and recreation, significantly alter the quality of natural environments and their potential use. The compliance of firms with environmental laws is of great concern to scientists, governments, and regulatory agencies. The presence of hazardous chemicals in water resources even in small amounts may cause massive environmental damage. Thus, governments pass environmental laws and regulations to monitor human activity and enforce compliance with environmental standards. This study investigates the potential to improve firms’ compliance with environmental standards by implementing an environmental management plan (EMP) within a public firm and a private firm in South Africa. EMP implementation is required to mitigate and manage environmental risk. This study asks the following research question: To what extent does EMP implementation enhance a firm’s compliance to environmental laws and regulations? Further, to what extent are the specific characteristics of a firm associated with various EMP categories? The study used methods of inspection, observation, impact assessment, implementation, and monitoring to answer the research question. In both firms under study, the results showed no compliance with environmental law during initial site inspection and impact assessment. However, the implementation of EMPs in both firms improved compliance with environmental laws to nearly one hundred percent. As a result, EMPs were successfully implemented and monitored, improving the firms’ compliance with environmental laws and reducing negative environmental impacts to an insignificant level.</span></p>

scholarly journals Mining Corruption and Environmental Degradation in Indonesia: Critical Legal Issues

BESTUUR ◽  
2021 ◽  
Vol 9 (2) ◽  
pp. 90
Author(s):  
Hilaire Tegnan ◽  
Lego Karjoko ◽  
Jaco Barkhuizen ◽  
Anis H Bajrektarevic
Keyword(s):  
Environmental Degradation ◽  
Environmental Law ◽  
Mining Industry ◽  
Environmental Issues ◽  
Environmental Standards ◽  
Government Officials ◽  
Political Leaders ◽  
Environmental Laws ◽  
Mining Law ◽  
Laws And Regulations

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">Indonesia has enacted mining law, environmental protection law, and a number of rules addressing mining and environmental issues. However, the establishment of these numerous laws and regulations has not resulted in a decline in corruption cases and environmental degradation. In fact, government officials are frequently lenient with mining industry owners who fail to follow good environmental standards. This is critical since Indonesia has spent the last two decades attempting to resolve corruption and environmental challenges. This study describes specific instances of mining and environmental law confusion resulting from corrupt activities. The study takes a normative legal approach. Resources have been gathered through examinations of mining and environmental laws and regulations, as well as reports by multiple authorities that track the same subject. The study demonstrates how prior Indonesian mining law policy acknowledged regional governments as mining authorities. The policy has caused widespread mining corruption, particularly in the area of business permits, involving regional political leaders and the private sector. The irresponsibility of regional political elites has jeopardized the environment and ecosystem. It is also an echo of overlapping legislation and authorities in the mining and environmental sectors.</p></td></tr></tbody></table></div>

Harmonisasi terhadap Peraturan Daerah No. 14 Tahun 2006 tentang Pengelolaan Pelestarian Kawasan Konservasi Laut Daerah dalam Perlindungan Pulau Pariwisata Kabupaten Indramayu

2019 ◽  
Vol 1 (2) ◽  
pp. 142
Author(s):  
Saiful Kholik ◽  
Imas Khaeriyah
Keyword(s):  
Rule Of Law ◽  
Local Governments ◽  
Environmental Law ◽  
Policy Formulation ◽  
Marine Conservation ◽  
Environmental Damage ◽  
Conservation Area ◽  
The Rule Of Law ◽  
The Government ◽  
The Impact

Inconsistency Regional Regulation No.14 of 2006 about marine conservation area of the island of Biawak, Gososng, which Cendekian provides protection but in fact failed to provide protection as evidenced by dredging island sandbar and cendekian conducted PT.Pertamina UP VI Balongan INDRAMAYU. The problem in this research How Formulation Policy Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 regarding marine conservation area of the island of Biawak, Gososng, Cendekian And How Harmonization Act No. 10 of 2009 with the Indramayu Regional Regulation No. 14 of 2006 regarding formulation Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 about marine conservation area of the island of Biawak, Gososng, Cendekian, the purpose of this research to understand and analyze the extent to which policy The findings of the community or field of law local governments about the environmental damage done by companies or individuals are not equal accordance with regional regulations in force, nor the Law in force so that the function of law in society indramayu not fit the mandate to establish a change and justice based Formulation public corporate criminal liability.Inskonsitensi happens to local regulation No.14 of 2006 makes no harmonized with the regulations of each other so that the impact of this inskonsistensi makes the sector particularly environmental law enforcement get uncertainties that result in coastal communities Indramayau.Conclusion Harmonization of regulations of the center and regions delivering the policy formulation of the rule of law area to comply with the regulations above in order to avoid inconsistency, the occurrence of this inconsistency resulted in the rule of law and justice for the indramayu, suggestion that the government should was nearly revise regulations related area, especially the government must dare to take action to give effect to the perpetrator deterrent effect rule-based running as well as possible.

scholarly journals The Impact of Sustainability Awareness and Moral Values on Environmental Laws

2021 ◽  
Vol 13 (11) ◽  
pp. 5882
Author(s):  
Rita Yi Man Li ◽  
Yi Lut Li ◽  
M. James C. Crabbe ◽  
Otilia Manta ◽  
Muhammad Shoaib
Keyword(s):  
Sustainable Development ◽  
Developing Countries ◽  
Environmental Law ◽  
Developed Countries ◽  
Moral Values ◽  
Web Pages ◽  
Environmental Legislation ◽  
Environmental Laws ◽  
Academic Publications ◽  
The Impact

We argue that environmental legislation and regulation of more developed countries reflects significantly their moral values, but in less developed countries it differs significantly from their moral values. We examined this topic by using the keywords “sustainability” and “sustainable development”, studying web pages and articles published between 1974 to 2018 in Web of Science, Scopus and Google. Australia, Zimbabwe, and Uganda were ranked as the top three countries in the number of Google searches for sustainability. The top five cities that appeared in sustainability searches through Google are all from Africa. In terms of academic publications, China, India, and Brazil record among the largest numbers of sustainability and sustainable development articles in Scopus. Six out of the ten top productive institutions publishing sustainable development articles indexed in Scopus were located in developing countries, indicating that developing countries are well aware of the issues surrounding sustainable development. Our results show that when environmental law reflects moral values for betterment, legal adoption is more likely to be successful, which usually happens in well-developed regions. In less-developed states, environmental law differs significantly from moral values, such that changes in moral values are necessary for successful legal implementation. Our study has important implications for the development of policies and cultures, together with the enforcement of environmental laws and regulations in all countries.

ASSESSING ENVIRONMENTAL IMPACTS DURING NATURAL DISASTER: THE DEVELOPMENT OF A RAPID ENVIRONMENTAL ASSESSMENT METHODOLOGY

2002 ◽  
Vol 04 (04) ◽  
pp. 475-492 ◽  
Author(s):  
CHARLES KELLY
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Environmental Conditions ◽  
Environmental Damage ◽  
Assessment Procedure ◽  
Disaster Victims ◽  
Wide Range ◽  
Negative Impacts ◽  
The Impact

The linkages between disaster and environmental damage are recognized as important to predicting, preventing and mitigating the impact of disasters. Environmental Impact Assessment (EIA) procedures are well developed for non-ndisaster situations. However, they are conceptually and operationally inappropriate for use in disaster conditions, particularly in the first 120 days after the disaster has begun. The paper provides a conceptual overview of the requirements for an environmental impact assessment procedure appropriate for disaster conditions. These requirements are captured in guidelines for a Rapid Environmental Impact Assessment (REA) for use in disasters. The REA guides the collection and assessment of a wide range of factors which can indicate: (1) the negative impacts of a disaster on the environment, (2) the impacts of environmental conditions on the magnitude of a disaster and, (3) the positive or negative impacts of relief efforts on environmental conditions. The REA also provides a foundation for recovery program EIAs, thus improving the overall post disaster recovery process. The REA is designed primarily for relief cadres, but is also expected to be usable as an assessment tool with disaster victims. The paper discusses the field testing of the REA under actual disaster conditions.

scholarly journals Life Cycle Analysis Methods on Environmental Impact Assessment (EIA) Procedures in the Perspective of Sustainable Development

2018 ◽  
Vol 74 ◽  
pp. 11003
Author(s):  
Andreas Pramudianto
Keyword(s):  
Sustainable Development ◽  
Life Cycle ◽  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Life Cycle Analysis ◽  
Environmental Science ◽  
Decision Makers ◽  
Environmental Damage ◽  
The Impact

Basically each product or service has its own life cycle. Life Cycle Analysis Method can be used to assess the impact of an activity both production and service activities. Environmental Impact Assessment (EIA) or Analisis Mengenai Dampak Lingkungan (AMDAL) is one of the activities that must be fulfilled in order to obtain an environmental permit. EIA activities have a life cycle process that needs to be known and understood so that environmental permits can be obtained. Therefore this study aims to find out the use of the LCA method in EIA procedures. In addition, with the LCA method, EIA activities are expected to be well studied according to the function of this service. LCA can provide to reduce the least impact from environmental damage. This research will be useful for the development of environmental science, especially related to the study of environmental impacts, especially EIA. It is expected that the results of the study will provide a complete picture of the relevance of the LCA method with EIA and the benefits that can be taken. The results of this study will be an important recommendation for decision makers regarding the importance of EIA in development, especially sustainable development through the method used, namely LCA.

ENVIRONMENTAL LAW REGIMES—PETROLEUM OPERATIONS IN AUSTRALIA'S OFFSHORE AREAS

1995 ◽  
Vol 35 (1) ◽  
pp. 813
Author(s):  
D.A. Cole
Keyword(s):  
Environmental Management ◽  
Environmental Law ◽  
Petroleum Industry ◽  
Northern Territory ◽  
Assessment Process ◽  
Environmental Laws ◽  
Risk Assessment Process ◽  
Community Awareness ◽  
Commonwealth Government ◽  
Potential Impact

Increasing petroleum activity in Australia's off­shore areas is heightening industry, government and community awareness of the potential impact of these operations on marine ecosystems and coastal environments.The Offshore Constitutional Settlement of the late 1970s has resolved the issue of allocation of governmental rights and powers over the resources of the sea and the seabed. However, the application of environmental laws to those areas remains largely untested. A complex web of legislation—State, Ter­ritory and Commonwealth—may apply to proposed and on-going petroleum activities.The Commonwealth Government has substantial power to intervene to protect environmentally sen­sitive areas whether they are within areas of the sea over which that government or the states or the Northern Territory have primary jurisdiction. De­spite the recent Intergovernmental Agreement on the Environment, substantial ultimate power re­sides with the Commonwealth to protect the envi­ronment, particularly through the use of the exter­nal affairs power. The politically fluid nature of environmental management in offshore areas adds an important dimension to the commercial risk assessment process for the petroleum industry.

scholarly journals IMPLIKASI POLITIK KEBIJAKAN HUKUM PIDANA DALAM UUPLH

2018 ◽  
Vol 25 (2) ◽  
pp. 147
Author(s):  
David Aprizon Putra
Keyword(s):  
Environmental Management ◽  
Law Enforcement ◽  
Criminal Law ◽  
Environmental Law ◽  
Criminal Code ◽  
Administrative Law ◽  
Political Elites ◽  
Political Choice ◽  
Environmental Laws ◽  
Set Up

Political Law is one of the discourses that control the existence of law.One of the realm of law that has recently received the spotlight and serious attention. Particularly related to the legal political option is the environment law that increasingly strong day include criminal law enforcement in law enforcement. There are some weak things that then have negative implications, against the enforcement of environmental laws related to the lack of cautious political choice. Since 1982 in Law No. 4 of 1982 on the Principles of Environmental Management which was changed in 1997 into Law No. 27 of 1997 on Environmental Management, the legal politics of criminal law policy has been conducted, that the criminal law policy in the realm of the environment is already a choice of legal politics in the realm of environmental law. Law Number 32 Year 2009 About PPLH as the latest generation, adds Chapter XV of the Criminal Code in its charge of 23 Articles. Law Number 32 Year 2009 contains a much more complete criminal provision than Law Number 23 Year 1997. Although there is still much to be fixed on the provisions of Law Number 32 Year 2009. Base on research shows that there are special procedural laws that regulate formal law enforcement. It is based on the principle of ultimum remedium which means that the implementation of the criminal law must wait until the effectiveness of administrative law is upheld. To minimize obstacles in enforcing environmental laws which are sometimes used by political elites to seek profit, formal laws against environmental crimes should be set up specifically with the Act.

scholarly journals Penyelesaian Sengketa di Luar Pengadilan sebagai Upaya Pemulihan Dampak Kerusakan Lingkungan

2020 ◽  
Vol 7 (1) ◽  
pp. 27-35
Author(s):  
Vera Rimbawani Sushanty
Keyword(s):  
Industrial Development ◽  
Development Process ◽  
Social Economic ◽  
Raw Materials ◽  
Rapid Development ◽  
Environmental Damage ◽  
Environmental Disputes ◽  
Cultural Life ◽  
Long Time ◽  
The Impact

This article aims to review the resolution of environmental disputes outside the court based on Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH). The problem is focused on efforts to protect and restore environmental damage. The method used in this research is normative or doctrinal legal research. Data is collected through a literature approach and analyzed qualitatively. The rapid development of the industry, requires natural resources in the form of raw materials and energy sources that are very large as well. The consequence of the industrial development process is the increase in waste produced by the industry. This is very possible for friction between the surrounding communities, which in turn can lead to conflict or dispute. This study concludes that resolving environmental disputes outside the court is considered more beneficial because if it takes a case in court it takes a long time. By shortening the process the impact of environmental damage can be more quickly addressed so that the ecosystem can soon recover and social, economic and cultural life can proceed as it should.

ENVIRONMENTAL MANAGEMENT AS A COMPLEX OBJECT OF LEGAL REGULATION

2017 ◽  
Author(s):  
Dmytro Zadykhaylo ◽  
◽  
Oksana Leshko ◽  
Keyword(s):  
Environmental Management ◽  
Environmental Law ◽  
Well Being ◽  
Legal Regulation ◽  
Complex Object ◽  
Business Associations ◽  
Legal Norms ◽  
Domestic Legislation ◽  
Legislative Improvement ◽  
The Impact

The article considers the institute of ecological management as an object of legal regulation of ecological law. The works of scientists devoted to the role of business associations in environmental and legal relations are analyzed. The paper also analyzes similar legal relations in neighboring countries. The authors aim to reveal an interesting issue, namely the impact of the phenomenon of environmental management as a driving factor in the transition to the principles of sustainable development. There is a demonstration of the conflict between economic and environmental interests, which is relevant because the relationship between these different areas of law is traced throughout the article. An analysis of the legal norms of each of the above industries is given. However, it is emphasized that only the consistent improvement of national environmental and economic legislation can be decisive factors in the economic well-being of the country. The authors propose their improvement of domestic legislation on the basis of the Law "On the Basic Principles (Strategy) of State Environmental Policy of Ukraine for the period up to 2030. The information contained in this law is fully reflected in the article and is relevant, because here the position of the authors and the position of the main legislative body of the country coincide. We can trace this further in the text, where changes to this law are demonstrated and argued with reference to leading researchers in both industries, both economic and environmental. This article will be useful for both students, as it contains a lot of guiding theoretical material on Commercial and Environmental Law. The same goes for experienced researchers, because the authors raise a large number of problematic issues that can be discussed further. It is a springboard for the legislative improvement of a large number of regulations, which can serve as a source for argumentation in drafting a bill to improve economic legislation in terms of environmental protection in the course of direct economic activity.

THE IMPACT OF JOB CREATION ACT AGAINST THE PARTICIPATORY PRINCIPLE IN ENVIRONMENTAL LAW

2021 ◽  
Vol 1 (1) ◽  
pp. 22-28
Author(s):  
Aulya Noor Rahmah ◽  
Muhammad Rasyid Ridha ◽  
Nurul Kamriani
Keyword(s):  
Qualitative Analysis ◽  
Environmental Protection ◽  
Environmental Law ◽  
Job Creation ◽  
Judicial Power ◽  
Private Law ◽  
Legal Research ◽  
Checks And Balances ◽  
The Impact ◽  
Laws And Regulations

The enactment of Act 11/2020 on Job Creation in October 2020, resulted in several changes in laws and regulations. One of the crucial articles that were abolished by the Job Creation Act was Article 93 of the Environmental Act (UUPPLH) which regulates rights to file a lawsuit at the Administrative Court, this is contrary to the private law. Also based on Article 2 of the Environmental Act states that environmental protection and management is carried out based on the principle of Participation. This research focuses on the impacts of eliminating Article 93 of the Environmental Act by the Job Creation Act specifically on the principle of Participation. The method used in this research is normative legal research conducted with qualitative analysis. The result is that the elimination of Article 93 of the Environmental Act by Article 21 and Article 22 of the Job Creation Act is contrary to the Participatory Principle contained in Article 2 letter k and Article 70 of the UUPPLH. The abolition of Article 93 of the UUPPLH also causes the judicial power to be unable to exercise the principle of checks and balances.

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