Book contents
- Frontmatter
- Contents
- List of Contributors
- Message from Kofi A. Annan, Secretary-General, United Nations
- Foreword by Charles Odidi Okidi and Nicholas Adams Robinson
- Acknowledgments
- Introduction
- Challenges of Environmental Law – Environmental Issues and Their Implications to Jurisprudence
- ONE INTERNATIONAL ISSUES AND LEGAL RESPONSES TO SUSTAINABLE LAND MANAGEMENT
- TWO NATIONAL APPROACHES TO LAND USE PLANNING FOR SUSTAINABLE DEVELOPMENT
- 6 Community Rights to Genetic Resources and Their Knowledge: African and Ethiopian Perspectives
- 7 Easements and Wildlife Conservation in Kenya
- 8 Land Tenure, Land Use, and Sustainability in Kenya: Toward Innovative Use of Property Rights in Wildlife Management
- 9 The Development of Environmental Law and Its Impact on Sustainable Use of Wetlands in Uganda
- 10 EIA and the Four Ps: Some Observations from South Africa
- 11 From Bureaucracy-Controlled to Stakeholder-Driven Urban Planning and Management: Experiences and Challenges of Environmental Planning and Management in Tanzania
- 12 Strategies for Integrated Environmental Governance in South Africa: Toward a More Sustainable Environmental Governance and Land Use Regime
- 13 Environmental Law and Sustainable Land Use in Nigeria
- 14 The Role of Administrative Dispute Resolution Institutions and Processes in Sustainable Land Use Management: The Case of the National Environment Tribunal and the Public Complaints Committee of Kenya
- 15 Managing the Environmental Impact of Refugees in Kenya: The Role of National Accountability and Environmental Law
- 16 Environmental Impact Assessment Law and Land Use: A Comparative Analysis of Recent Trends in the Nigerian and U.S. Oil and Gas Industry
- 17 Managing Land Use and Environmental Conflicts in Cameroon
- 18 Environmental Law Reform to Control Land Degradation in the People's Republic of China: A View of the Legal Framework of the PRC–GEF Partnership Program
- 19 Urbanization and Environmental Challenges in Pakistan
- 20 ASEAN Heritage Parks and Transboundary Biodiversity Conservation
- 21 Land Use Planning, Environmental Management, and the Garden City as an Urban Development Approach in Singapore
- 22 The Law and Preparation of Environmental Management Plans for Sustainable Development in Thailand
- 23 Nepal's Legal Initiatives on Land Use for Sustainable Development
- 24 Environmental Law and Irrigated Land in Australia
- 25 Environmental Impact Assessment: Addressing the Major Weaknesses
- 26 Protection of Natural Spaces in Brazilian Environmental Law
- 27 Land Use Planning in Mexico: As Framed by Social Development and Environmental Policies
- 28 Argentina's Constitution and General Environment Law as the Framework for Comprehensive Land Use Regulation
- 29 Ecological Economics, Sustainable Land Use, and Policy Choices
- 30 The 2004 U.S. Ocean Report and Its Implications for Land Use Reform to Improve Ocean Water Quality
- 31 Historical Overview of the American Land Use System: A Diagnostic Approach to Evaluating Governmental Land Use Control
- Index
10 - EIA and the Four Ps: Some Observations from South Africa
Published online by Cambridge University Press: 17 August 2009
- Frontmatter
- Contents
- List of Contributors
- Message from Kofi A. Annan, Secretary-General, United Nations
- Foreword by Charles Odidi Okidi and Nicholas Adams Robinson
- Acknowledgments
- Introduction
- Challenges of Environmental Law – Environmental Issues and Their Implications to Jurisprudence
- ONE INTERNATIONAL ISSUES AND LEGAL RESPONSES TO SUSTAINABLE LAND MANAGEMENT
- TWO NATIONAL APPROACHES TO LAND USE PLANNING FOR SUSTAINABLE DEVELOPMENT
- 6 Community Rights to Genetic Resources and Their Knowledge: African and Ethiopian Perspectives
- 7 Easements and Wildlife Conservation in Kenya
- 8 Land Tenure, Land Use, and Sustainability in Kenya: Toward Innovative Use of Property Rights in Wildlife Management
- 9 The Development of Environmental Law and Its Impact on Sustainable Use of Wetlands in Uganda
- 10 EIA and the Four Ps: Some Observations from South Africa
- 11 From Bureaucracy-Controlled to Stakeholder-Driven Urban Planning and Management: Experiences and Challenges of Environmental Planning and Management in Tanzania
- 12 Strategies for Integrated Environmental Governance in South Africa: Toward a More Sustainable Environmental Governance and Land Use Regime
- 13 Environmental Law and Sustainable Land Use in Nigeria
- 14 The Role of Administrative Dispute Resolution Institutions and Processes in Sustainable Land Use Management: The Case of the National Environment Tribunal and the Public Complaints Committee of Kenya
- 15 Managing the Environmental Impact of Refugees in Kenya: The Role of National Accountability and Environmental Law
- 16 Environmental Impact Assessment Law and Land Use: A Comparative Analysis of Recent Trends in the Nigerian and U.S. Oil and Gas Industry
- 17 Managing Land Use and Environmental Conflicts in Cameroon
- 18 Environmental Law Reform to Control Land Degradation in the People's Republic of China: A View of the Legal Framework of the PRC–GEF Partnership Program
- 19 Urbanization and Environmental Challenges in Pakistan
- 20 ASEAN Heritage Parks and Transboundary Biodiversity Conservation
- 21 Land Use Planning, Environmental Management, and the Garden City as an Urban Development Approach in Singapore
- 22 The Law and Preparation of Environmental Management Plans for Sustainable Development in Thailand
- 23 Nepal's Legal Initiatives on Land Use for Sustainable Development
- 24 Environmental Law and Irrigated Land in Australia
- 25 Environmental Impact Assessment: Addressing the Major Weaknesses
- 26 Protection of Natural Spaces in Brazilian Environmental Law
- 27 Land Use Planning in Mexico: As Framed by Social Development and Environmental Policies
- 28 Argentina's Constitution and General Environment Law as the Framework for Comprehensive Land Use Regulation
- 29 Ecological Economics, Sustainable Land Use, and Policy Choices
- 30 The 2004 U.S. Ocean Report and Its Implications for Land Use Reform to Improve Ocean Water Quality
- 31 Historical Overview of the American Land Use System: A Diagnostic Approach to Evaluating Governmental Land Use Control
- Index
Summary
INTRODUCTION
Land use is central to development in Africa; as such, it should be regarded as an issue of public interest and not something to be determined solely by the landowner. Commitment to sustainable development dictates that land and its fruits should be conserved, and one of the most important conservation tools is environmental impact assessment (EIA). This chapter is concerned with the law and practice of EIA in South Africa and makes observations that, it is hoped, may inform the way EIA is practiced in other developing countries.
From my observation of the operation of environmental impact assessment in South Africa, it can be boiled down to four interrelated components beginning with P – the four Ps: provisions, process/procedure, people, and politics. These components are pivotal to the EIA process. There are, however, many aspects to the four Ps that can raise obstacles to the successful operation of EIA, many of which can be observed from the South African experience.
This chapter will commence by examining the way in which EIA has been implemented thus far in South Africa. This initial analysis will be followed by an examination of the four Ps and their subcomponents, using examples from South Africa to illustrate. Current EIA practice in South Africa, as will be revealed, suffers from several flaws. The South African government's proposed amendments to the system will be scrutinized to illustrate how effective they will be in solving these problems.
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- Land Use Law for Sustainable Development , pp. 181 - 196Publisher: Cambridge University PressPrint publication year: 2006