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Sectoral Laws Relating to the Environment

Certain environmental laws apply to specific environmental areas in the over- arching categories of land-use planning and development, natural resources and pollution control and waste management.

When dealing with an environmental issue falling into one of these three categories, you must consider both the sectoral legislation relevant to the issue and the framework legislation.

Therefore, if you were looking for laws relating to the development of a steel mill, you would look under land-use planning and development because the law relating to planning would be important. On the other hand if you needed information regarding how to apply for a commercial fishing permit or commercial forestry permit, you would look at the laws dealing with natural resources because fish and forests are natural resources and there are specific laws that deal with the allocation of fishing and forestry quotas and licences. You may also need to consider framework legislation such as NEMA and the EIA provisions contained therein. If your quota or licence application was refused you could consider using the Promotion of Administrative Justice Act to obtain reasons for the decision or to challenge the decision.

Two sectoral laws are set out briefly here, namely the National Environmental Management: Air quality Act (No 39 of 2004) and the National Water Act (No 36 of 1998).