Show simple item record

dc.contributor.advisorDe Villiers, A.B.
dc.contributor.advisorPienaar, G.J.
dc.contributor.authorDu Plessis, Willemien
dc.date.accessioned2016-07-12T06:22:15Z
dc.date.available2016-07-12T06:22:15Z
dc.date.issued1999
dc.identifier.urihttp://hdl.handle.net/10394/17972
dc.descriptionThesis (MA)--PU for CHE, 1999.en_US
dc.description.abstractAim of the study. The aim of the study was to investigate the right to environmental information in the United States of America, European Union, Netherlands and Germany in order to make proposals regarding the existing and recommendations for South African legislation. Research method. The study was mainly a literature study of the most important legislative measures and other material dealing with the right to environmental information. The research methodology employed was the legal comparative approach. Core findings: Section 32 of the Constitution of the Republic of South Africa 108 of 1996 provides for a right to information. Read with section 24 of the Constitution that provides for a right to an environment that is not harmful to a person's health or well-being, it is argued that this entitles a person to a right to environmental information. Section 31 of the National Environmental Management Act 107 of 1998 includes such a right. The right to environmental information has been enforced in the European Union by the Directive on Access to Environmental Information as well as by national legislation in the member states (e.g. Germany and the Netherlands). In the United States of America the Freedom of Information Act is used to obtain environmental information. It seems that the legislation and the interpretation of the legislation in these countries and the European Union have created problems but have also contributed to the establishment of a culture of openness regarding environmental matters. Certain advantages of and problems relating to the right to environmental information are indicated in this study. It is inter alia concluded that there should be a right to environmental information and that this right should be properly enforced. It is also argued that exceptions to the right should be limited and that the exception of confidential commercial information should not be applied absolutely. It is further recommended that the right to environmental information should be enforceable not only against the state but also against private institutions.en_US
dc.language.isootheren_US
dc.subjectInformationen_US
dc.subjectEnvironmenten_US
dc.subjectFundamental right to environmental informationen_US
dc.subjectConsitution (RSA)en_US
dc.subjectNational Environmental Management Acten_US
dc.title'n Reg op omgewingsinligtingen_US
dc.typeThesisen_US
dc.description.thesistypeDoctoralen_US


Files in this item

Thumbnail

This item appears in the following Collection(s)

Show simple item record