THE COMMON LAW – Legal Fundi

Chapter 12

Why do we need to protect the environment?

What is sustainable development?

Which laws are relevant to the environment?

THE CONSTITUTION

The Environmental Rights – Section 24

Other rights relevant to the environment

The Law of Delict

The Law of Nuisance

The Law of Neighbours

LAWS MADE BY NATIONAL, PROVINCIAL AND LOCAL GOVERNMENT

Framework environmental laws

Sectoral laws relating to the environment

WAYS TO RESOLVE ENVIRONMENTAL DISPUTES

Solving environmental disputes without going to court

Solving environmental disputes in the courts

Laws and policies on climate change in South Africa

Problem 1: Making complaints about environmental problems

Problem 2: Appealing against government environmental decisions

Problem 3: Complaining to the Director-General

Problem 4: Applying for conciliation or arbitration

Problem 5: Harm to the environment

Checklist: Best action to take when dealing with environmental issues

Checklist: Sectoral laws

THE COMMON LAW

The Common Law is relevant in dealing with environmental issues through the Law of Delict, the Law of Nuisance and the Law of Neighbours. The rules of these laws can be used to protect people’s environmental rights relating to noise pollution, air pollution and water pollution.

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