Environmental law is fragmented and therefore difficult to access and interpret. Current environmental legal provisions are contained in more than 300 laws, regulations and other legal measures that are enforced by as many different government agencies. Duard Barnard and Associates provide access to the total legal framework that governs environmental control in South Africa. Environmental law also has to be interpreted in terms of internationally recognised environmental management principles, for example, sustainable development, rehabilitation and the internalisation of externalities.
Duard Barnard & Associates provide legal opinions on the legal duties, rights, responsibilities and other aspects of environment-related contentious issues. After ascertaining the relevance of all factors, cases are analysed and a legal opinion provided.
Although Duard Barnard & Associates have been involved in major environmental legal actions that have been either won or settled favourably in the courts, the firm prefers a conciliatory rather than a confrontational and litigious approach.
Due to the structure of contemporary environmental law, the difference between success and failure in environmental litigation depends, to a large extent, on the care with which the litigation process is managed. Duard Barnard & Associates assist clients and their legal representatives when legal confrontation over environmental issues cannot be avoided. The firm advises on strategic approaches that can be followed, provides environmental legal advice and assistance to the client’s legal representatives and establishes a paper trail that consistently illustrates compliance with legal requirements.
Where developers or opponents to a development cannot resolve their problems amicably and become involved in severe confrontation that may lead to litigation, Duard Barnard & Associates assist in preparing affidavits for court actions.
Environmental law favours a conciliatory approach. Constructive engagement usually resolves environmental disputes and generates win-win solutions. Such an approach also leads to informed and valid management decisions.
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