INTERPRETATION AND APPLICATION OF ENVIRONMENTAL LAW
Environmental law is complex and therefore difficult to interpret, administer and apply. In South African more than 300 environmental legal measures apply to business and industry. Businesses therefore often need assistance to access relevant environmental legislation and to translate it in conjunction with associated management principles into cost-effective business strategies.
Environmental law should not be interpreted in isolation. No other branch of law interacts quite as extensively and regularly with other legal and non-legal disciplines. A substantial body of legislation, such as neighbour law, administrative law, criminal law, the law of delict, constitutional law and other branches of law support environmental legislation.
The application of environmental law also requires a lateral knowledge of many other disciplines, as they have to be considered in conjunction with the relevant environmental legal requirements. A generalist overview is essential in environmental decision-making. A multitude of factors, such as economic, social, technical and biophysical considerations, affect each individual situation. Duard Barnard & Associates are familiar with the requirements of other disciplines and are therefore able to design and implement integrated environmental solutions to address sector and site-specific requirements.
To remain internationally competitive, South African organisations have no choice but to embrace global environmental standards. A growing body of international conventions, legislation and agreements progressively influence the decisions and actions of governments, industry and business.
More and more investment decisions and consumer trends are being guided by green attitudes and perceptions. This is evident in environmental tender preconditions that are progressively being set for large contracts and international trade agreements.
Local and international demands regarding environmental compliance are become stricter and public pressures to meet the three-pronged demands of sustainability are growing. More and more penalty measures stare environmentally non-compliant companies in the face and environmental taxation is becoming a reality.
Due to the forces of globalisation, South African businesses increasingly need to embrace global environmental legal requirements and meet the principles of sustainability.
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