Dutch lessons on including climate impact assessments in South African environmental law

Abstract

In pursuit of economic development, human kind has throughout the ages repeatedly and continuously interfered with nature. Historically, nature has been exploited without regard to the impacts of human activities on the environment. Owning to our new scientific insight and awareness of the necessity to protect the environment for the present and future generations, though, environmental management tools have now been advanced. Environmental Impact Assessment (EIA) is one of these. This regulatory technique exists in both international and national law. It was developed to assess the likely significant impacts of proposed activities and to investigate mitigation of propose alternatives to the activity under investigation. At the heart of the South African environmental management framework is environmental sustainability, as guaranteed by the Constitution. In regard to the achievement of sustainable development, the National Environmental Management Act (NEMA) demands that EIA must be carried out any listed activities authorised and makes a list of relevant factors to be taken into consideration in decision-making. The EIA regulations put forward substantive and procedural requirements for EIA. However, despite the existence of such laudable attempts to prevent the further degradation of the environment, there is still no explicit requirement for climate change considerations to be included in EIAs.