Land use planning laws came into existence and evolved over the course of the 20th century, but environmental laws were only enacted later in the century.
Today there are a number of environmental laws that apply: The National Environmental Management Act (“NEMA”), 1998 (Act 107 of 1998), the National Environmental Management Amendment Act, 2003 (Act 46 of 2003), the National Environmental Management Amendment Act, 2004 (Act 8 of 2004), the National Environment Laws Amendment Act, 2008 (Act 44 of 2008), the National Environmental Management Amendment Act, 2008 (Act 62 of 2008) and the National Environment Laws Amendment Act, 2009 (Act 14 of 2009.
The promotion of sustainable development as a concept is supported by the abovementioned legislation. The concept encompasses more than merely the environment, so for present purposes the focus should be on environmental sustainability: the goal of utilising the environment in a way which both meets human needs and ensures the environment’s indefinite preservation (ie. waste management and pollution control, climate change, resource conservation and utilisation and the management of water resources are being addressed). Land use must preserve the environment but also answer the needs of society.
NEMA defines “sustainable development” as “the integration of social, economic and environmental factors into planning, implementation and decision-making so as to ensure that development serves present and future generations. NEMA provides further that “sustainable development” requires the consideration of all relevant factors including:
- “that the disturbance of ecosystems and loss of biological diversity are avoided, or, where they cannot be altogether avoided, are minimised and remedied;
- “that pollution and degradation of the environment are avoided, or, where they cannot be altogether avoided, are minimised and remedied;
- “that the disturbance of landscapes and sites that constitute the nation’s cultural heritage is avoided, or where it cannot be altogether avoided, is minimised and remedied;
- “that waste is avoided, or where it cannot be altogether avoided, minimised and re-used or recycled where possible and otherwise disposed of in a responsible manner;
- “that the use and exploitation of non-renewable natural resources is responsible and equitable, and takes into account the consequences of the depletion of the resource;
- “that the development, use and exploitation of renewable resources and the ecosystems of which they are part do not exceed the level beyond which their integrity is jeopardised;
- “that a risk-averse and cautious approach is applied, which takes into account the limits of current knowledge about the consequences of decisions and actions; and
- “that negative impacts on the environment and on people’s environmental rights be anticipated and prevented, and where they cannot be altogether prevented, are minimised and remedied.”[9]
The rampant, uncontrolled land development of the early 20th century is something of the past and property development has to take place in a manner in which society benefits as a whole.
Article written by Faure & Faure Inc Director, Zane Meyer
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