Department of Mercantile Law

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Balancing mining and the environment : South Africa’s legal framework concerning pollution caused by mining, with examples from the West Rand and Emalahleni.
(Stellenbosch : Stellenbosch University, 2023-03) Knutton, Keeley Marie; Ruppel, Oliver Christian; Stellenbosch University. Faculty of Law. Dept. of Mercantile Law.
ENGLISH ABSTRACT: Environmental law is a continually growing sphere of law, both locally and internationally. The increase in the importance and presence of environmental law in South Africa, and on a global scale, is as a result of the impacts that human activities have on the environment. These environmental impacts caused by human activities have resulted in there being an escalation in the need to conserve and protect the environment. Section 24 of the Bill of Rights of the Constitution of South Africa incorporates the principle of environmental protection and sustainable development into the constitutional law of South Africa, and generally recognises the fundamental importance of the environment, whilst the National Environmental Management Act 107 of 1998 and the environmental legislation and measures that have followed its adoption address this right as well as various elements of environmental protection, conservation and mitigation. This research focuses on the environmental elements of water and air, which are both vastly impacted on and polluted by the mining industry.