1. Enabling appropriate environmental decisions in appropriate time-frames.
Erasmus
Environmental, Development and
Property Attorneys
NEMLAB (B )

2. Fiddling while Rome burns
The South African framework for environmental governance isn’t working for 3 critical groups of stakeholders:
Those affected by environments harmful to their health or well-being and environmental decisions; and
Developers/Investors.
Government.
The objective must be to find an appropriate balance between conservation and development, not to bubble-wrap the environment.

3. Dysfunction by any other name …. Proposed Sections 24C(4), (5) and (6)
The proposal that the Minister can be asked to take a decision where an MEC fails to do so is an acknowledgement of dysfunction in the Provinces;
Treating the symptom without addressing the cause is an exercise in futility;
The proposal is, in any event, unconstitutional, unlawful, and unworkable.

4. Property matters. It really does. But only so much
Property matters. It really does. But only so much. (Sections 24F(3) and 24G(4))
To limit justifiable emergency responses to threats to life and the environment to the exclusion of “property” is anti-developmental, cruel and ultimately environmentally unsound.
Not to link the nature and scope of the response to the nature and scope of the emergency is dangerous.

5. Bad things happen. Deal with it! Section 24G
To imagine that nobody will ever unlawfully commence with a prohibited activity is naïve and delusional.
Not to legislate what must be done to rectify such a situation is irresponsible in the extreme.

6. Nailing the bad guys. Sections 24F and 24G of NEMA
The notion that Section 24G of NEMA somehow excuses environmental crime is silly.
Sections 24F and 34 of NEMA deal with the penalties for environmental crimes – imposed by a Court.
Section 24G provides for an administrative procedure and an “administrative fine” which is something entirely different – see paper by G J Erasmus.
There is no prohibition against prosecuting someone who has applied for rectification in terms of Section 24G.

7. The enemy within: Section 43(7) of NEMA
Section 43(7) of NEMA provides that an appeal does not suspend an authorisation unless otherwise directed.
This provision sterilises the must fundamental check and balance against flawed decision-making.
What happens if a decision is overturned on appeal but the environment has been irretrievably damaged to the detriment of the health or well-being?

8. Since when are registers of NEMA Applications secret?
In terms of NEMA EIA Regulation 11 environmental authori-ties must keep a register of all applications received.
It makes no sense at all that those registers are not readily available for inspection by the public yet the authorities require applications in terms of PAIA before granting access.
Either amend Regulation 11 to declare the registers public or tell the authorities to make them so.

9. Erasmus Thank you so very much. G (Kallie) Erasmus
Environmental, Development and Property Law Attorneys
61 Church Street, Prince Albert, Western Cape.
Tel: (023) Fax: