There are different ways in which environmental disputes can be solved without going to court.

PUBLIC PARTICIPATION

Certain environmental laws require certain public participation procedures to be followed when the relevant authorities make decisions (such as whether or not to issue permits or licenses) or make regulations under the law. These laws include the NEMA, the AQA, the National Forests Act and the Marine Living Resources Act.

THE PROMOTION OF ADMINISTRATIVE JUSTICE ACT (NO 3 OF 2000)

This Act sets out requirements for procedurally fair administrative action. These requirements range from notice-and-comment type procedures to public hearings. If the relevant authority fails to comply with these procedures, their actions could be held to be invalid. The public participation procedures provide valuable opportunities for the public to become involved in the decisions and actions taken under these laws. However, public participation in these processes may require a fairly high level of expertise and awareness of planning and development procedures. Partnerships with environmental groups and supportive academics will probably be necessary.

(See Just Administrative Action)

ENVIRONMENTAL CAMPAIGNS

Environmental issues are increasingly becoming the focus of public campaigns. These issues are often called green issues. Drawing the attention of the government and developers to the facts may be enough to motivate them to seek better solutions, or be prepared to negotiate. It is often best to tackle a problem by appealing for negotiations or mediation with those responsible for the problem. Other actions should be considered such as protests, media campaigns and, finally, possible court action.

Approach local community organisations to add pressure to the campaign and use local newspapers to publicise issues with the environment.

Environmental organisations may be involved in helping to develop government policy, empowering people to participate in law-making or policy processes or public participation processes, lobbying for environmental changes or actions, taking up peoples’ environmental rights, taking up environmental or conservation issues caused by existing developments, working on conservation, and so on. (See Resources)

TRADE UNIONS

Members of trade unions can play an active role in environmental issues by taking up issues relating to workplace health and safety. Trade unions can extend their activities beyond immediate workplace needs to the worker environment in general. Trade unions can take action against industries that have a bad effect on the environments in which communities live. For example, if a particular industry dumps its poisonous waste products into a river that runs through a town, this can have serious consequences for people who use the river or children who play in the river. The trade union can take this up with the management and threaten to take action unless management does something about the pollution.

LOBBYING LOCAL GOVERNMENT

Many decisions affecting the environment take place at a local level. While laws about environmental issues are made at national, provincial and local levels, implementation and monitoring of the laws is often a local issue. For example, it is at local level that settlements are planned and development decisions regarding industrial, commercial and residential growth are taken. The local municipality manages sewage and drainage, waste disposal and so on. So it is at local level that people need to contribute to environmental decisions and take up issues. If there is a particular environmental issue in your area that needs attention, you can approach the local municipality in your area and point this out to them. If they don’t take action then you could approach the relevant department in the provincial government and thereafter, national government. The national Department of Forestry, Fisheries and Environment and provincial departments dealing with environmental affairs are mainly responsible for environmental conservation. However, other government departments would be involved if the issue concerns the provision of safe and healthy environments. You could also lobby parliamentary portfolio committees.

(See Lobbying, campaigning and petitioning)