These National acts are not the only regulator of land use and planning, but also the various Provincial ordinances and Laws. Kotze (2009) states that only in some post-1994 legislation are environmental issues referred to. He further explains that “it is clear that, for South Africa, environmental governance efforts relating to land use are fragmented among various Acts that either directly or indirectly influence land use issues.”(Kotze, 2009)
Between the different spheres of Government, the said Acts’ administration is thus consequently also fragmented. The different spheres each possess different functionaries for the responsibility of implementing mandates of governmental environmental responsibilities for the Acts. But it should be kept in mind that these fragmented LUM regime will not assist the ongoing timeless issues such as increase in poverty, growth in the economy, protection of the environment and infrastructural development.
7 Kotze, L.J. (online publication date, August 2009). “Strategies for Integrated Environmental Governance in South Africa: Toward a More Sustainable Environmental Governance and Land
Use Regime.” Chapter 12 in: “Land use law for sustainable development.” Cambridge University Press. Retrieved from http://ebooks.cambridge.org/chapter.jsf?bid=CBO9780511511400
&cid=CBO9780511511400A027
More progressive critiques consist of four different elements according to (Karkkainen, 1994; UN-Habitat, 2009; Watson, 2009a) namely:
1. LUM is associated with inflexible and antiquated modernist notions of planning that have resulted in sprawling
2. Unequal and environmentally unsustainable cities
3. Use of the system to exclude undesirable elements from well resourced areas
4. Tendency of these systems towards...
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...itive social impacts on the economy of the TLM and should be considered to be implemented. For example if some residents have transportation opportunities to Potchefstroom to go and be part of some of the economic activities but instead stays at home due to high transport costs. This leads to more residents staying in their neighbourhood homes instead of going to the CBD which encourages economic opportunities in the neighbourhood areas.
3.3.7. Neighbouring municipalities
All the neighbouring Local Municipalities of the TLM should be consulted regarding any potential or proposed developments along said municipal boundaries. By consulting surrounding Local Municipalities of TLM will ensure the management of social and environmental impacts across the boundaries of the Local Municipalities.
The figure below indicates Conflict Area A – D discussed in 3.3.1 – 3.3.7.
Soledad, A. (2012). UNEP: World Congress on Justice, Governance and Law for Environmental Sustainability. Environmental Policy and Law, 42(4/5), 204-205. Retrieved from http://search.proquest.com.proxy1.ncu.edu/docview/1239086063/fulltextPDF/938578CF70664516PQ/3?accountid=28180
the form of development and provide for the protection of the environment in York Region. A
WWF. (2014). Environmental problems in south africa. [online] Retrieved from: http://wwf.panda.org/who_we_are/wwf_offices/south_africa/environmental_problems__in_south_africa/ [Accessed: 4 Jan 2014].
Newlon, Clarke Southern Africa: The Critical Land Dodd, Mead & Company, New York © 1978
impact. Many consider this a local problem because with the increase of population in a city
These communities are also designed to save water by including less impervious space. Some barriers to the implementation of new urbanism include developmental regulations, public subsidies for conventional development, and public resistance to new ideas. Pollard believes that with education of the public and decision –makers, new urbanism can greatly curb environmental damage.
Dunn, Kate. "Surfeit of Ideas, But still no land reform in Zimbabwe." Christian Science Monitor. 11/08/2000, Vol. 92 Issue 243, p 7.
The process, however, brings tension for people who are threatened with dispossession. The compulsory acquisition of land for development purpose may ultimately bring benefits to society but it is disruptive to people whose property is acquired. In countries
Bureau of African Affairs. (2011). Background Note: South Africa. Retrieved March 28, 2011, from http://www.state.gov/r/pa/ei/bgn/2898.html
Customary land is land that is owned by native communities and its administration is in accordance with their customs, as opposed to statutory tenure which was introduced during the colonial periods (AusAID, 2008) for example, common ownership. In the Malawi Land Act of 1965, Customary Land is defined as land that is held, occupied or used under customary law however; it does not include any public land (ibid). Different customary systems of tenure have evolved in different parts of Africa and the world at large and may differ from one country to another. Customary land maybe subject to land reforms; land reform has many definitions by scholars and government papers.
The development of environmental regimes involves a five-fold process. The first process is the agenda setting and issue definition stage, which identifies and brings attention to an issue to the international community. Secon...
Legislation aimed at protecting New Zealand’s environment and natural resources has been through countless reforms to better tailor it to the various discourses that surround environmental management. In Simin Davoudi’s (2012) reading “Climate Risk and Security: New Meanings of “the Environment” in the English Planning System”, Davoudi discusses that environment can be seen in various different ways, as local amenity, heritage ,landscape ,nature reserve, as a store house of resources, as a tradable commodity, as a problem, as sustainability and as a risk (Davoudi, 2012). Although, Davoudi’s typology relates to aspects of New Zealand’s environmental management paradigms, it fails to include some important aspects such as indigenous and community inclusion. Davoudi’s (2012) typology can provide for future guidance in the discourse surrounding environment as risk.
...nces of habitual ecological legal principles. This is mostly so because environmental law itself is of moderately recent vintage, and as a result there has been little time for dependable state perform to enlarge, either in rejoinder to solemn declarations by IGOs or from side to side the all-purpose reception of norms set out in many-sided treaties. On the other hand, the processes described above have in additional areas, and in exacting that of human rights, been particularly creative in the formation of customary law, and there is consequently every cause to wait for that the similar will apply in admiration of ecological principles. http://www.unu.edu/unupress/unupbooks/uu25ee/uu25ee0a.htm References http://www.law.cornell.edu/topics/international.html http://indylaw.indiana.edu/library/InternatlLaw1.htm http://www.unu.edu/unupress/unupbooks/uu25ee/uu25ee0a.htm
In Namibia, there are various legislation and policies designated to protect the environment, however, research into the effectiveness of these legislations and policies is rare. Environmental law is a multidisciplinary field which involves the integration of natural sciences, social sciences, and economics therefore this complexity makes evaluating the effectiveness of an environmental framework necessary. It is crucial to assess the effectiveness of
Legislations, court orders, international covenants make no sense and in fact are colossal failures unless and until the people for whom these laws are made are made aware of them. It is the duty of local administration and civil society groups such as non-government organizations, voluntary agencies and community based organizations to ensure that the people are made aware. This is more pertinent to rural areas as people from urban areas have various other sources to keep abreast of the changing laws or guidelines for the