In GN 5234 in Government Gazette No. 51307 dated 27 September 2024 the Minister of Forestry, Fisheries and the Environment published a revised Notice regarding the intention to adopt a Generic Environmental Management Programme as an Environmental Management Instrument in terms of s 24(2)(e) of the National Environmental Management Act No. 107 of 1998 (NEMA), in order to exempt SANParks from compliance with section 24 NEMA environmental authorisation and EIA requirements for a number of Identified Activities (listed in the [...]

The Public Trust Doctrine in South Africa has its foundation not only in the National Environmental Management Act 107 of 1998 but also in the environmental rights clause enshrined in section 24 of the Constitution of the Republic of South Africa, 1996.  With 2 million hectares of unrivalled biodiversity and steeped in historical and cultural significance, the Kruger National Park is the flagship of the South African National Parks.  A cornerstone of the Public Trust Doctrine is the fiduciary duty [...]

Richard was interviewed by eNCA on the developing saga regarding the South African Government’s intent to provide the Kruger National Park with a blanket exemption from section 24 of the National Environmental Management Act 107 of 1998 and the EIA Regulations. View the interview

In February 2024 the Minister of Forestry, Fisheries and the Environment published a Notice of the intention to adopt the Kruger National Park Management Plan 2018 – 2028 and the Generic Environmental Management Programme for the Kruger National Park as Environmental Management Instruments and to exclude Identified Activities (listed in terms of the EIA Regulations) from the requirement to obtain an Environmental Authorisation in terms of section 24 of the National Environmental Management Act, 1998 (Act No. 107 of 1998) [...]