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Integrating climate concerns into South African environmental legislation pertaining to environmental impact assessments

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North-West University (South Africa)

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Along with a globally acclaimed Constitution, South Africa can pride itself as having some of best environmental laws as to date. Since Environmental Impact Assessments became mandatory for projects where a negative effect on the environment might transpire, South Africa has diligently been performing its international duty by encouraging a comprehensive Environmental Impact system However, the global threat of climate change lurks around every corner, with South Africa being no exception. It is therefore import for scientists and legislative authorities alike to understand and consider the true impact climate change may have on our near future. Numerous challenges are now faced by this ever increasing risk. It is consequently important to explore how climate change might be incorporated within the framework of environmental impact assessments. The aim of environmental impact assessments is primarily to protect environment and society alike. Climate change considerations might therefore be incorporated into all decision making whereupon climate change vulnerable areas will substantially be influenced. It is argued that although previous attempts were made to remedy the problem, no substantial solution has been reached to date. Consequently, the Netherlands, as one of the few countries currently incorporating climate change considerations into their environmental impact assessments, be used as reference as to how this can be applied within the framework of South Africa.

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LLM (Environmental Law & Governance), North-West University, Potchefstroom Campus

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