EMERGING ENVIRONMENTAL LAW NORMS & CONCEPTS

Sustainable development
The 1983 World Commission on Environment and Development, convened by UN General Assembly, aspired to development that meets the needs of the present without compromising the ability of future generations to meet their own needs. This aspiration contains within it two key concepts:
the concept of needs, in particular the essential needs of the world's poor, to which overriding priority must be given; and the idea of limitations imposed by the state of technology and social organisation on the environment's ability to meet present and future needs.

Sustainable development
For Glazewski, the pillars of sustainable development are threefold: environmental protection; economic development; and social upliftment. NEMA defines sustainable development as the integration of social, economic and environmental factors into planning, implementation and decisionmaking so as to ensure that development serves present and future generations (s 1(1)(xxix)).

Sustainable development
NEMA provides further that sustainable development requires the consideration of all relevant factors including the following: 1. that the disturbance of ecosystems and loss of biological diversity are avoided, or, where they cannot be altogether avoided, are minimised and remedied; 2. that pollution and degradation of the environment are avoided, or, where they cannot be altogether avoided, are minimised and remedied; 3. that the disturbance of landscapes and sites that constitute the nations cultural heritage is avoided, or where it cannot be altogether avoided, is minimised and remedied; 4. that waste is avoided. or where it cannot be altogether avoided, minimised and re-used or recycled where possible and otherwise disposed of in a responsible manner; 5. that the use and exploitation of non-renewable natural resources is responsible and equitable, and takes into account the consequences of the depletion of the resource; 6. that the development. use and exploitation of renewable resources and the ecosystems of which they are part do not exceed the level beyond which their integrity is jeopardised; 7. that a risk-averse and cautious approach is applied, which takes into account the limits of current knowledge about the consequences of decisions and actions; and 8. that negative impacts on the environment and on peoples environmental rights be anticipated and prevented, and where they cannot be altogether prevented. are minimised and remedied (s 2(4)(a)).

2. Intergenerational Equity

3. Environmental justice
NEMA is also significant here, providing (s 2(4)(c)) that environmental justice must be pursued so that adverse environmental impacts shall not be distributed in such a manner as to unfairly discriminate against any person, particularly vulnerable and disadvantaged persons.

4. Environmental Rights 5. The Public Trust Doctrine

The environment, according to NEMA s 2(4)(o), is held in public trust for the people. The beneficial use of environmental resources must serve the public interest and the environment must be protected as the peoples common heritage.

6. The Precautionary Principle

Principle 15 of the Rio Declaration provides as follows: Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing costeffective measures to prevent environmental degradation. As noted above, NEMA (s 2(4)(a)(vii)) requires that a risk-averse and cautious approach [be] applied, which takes into account the limits of current knowledge about the consequences of decisions and actions.

7. The Preventive Principle

As noted earlier, NEMA (s 2(4)(a)(ii)) requires that pollution and degradation of the environment are avoided, or, where they cannot be altogether avoided, are minimised and remedied.

8. The Polluter Pays Principle

In terms of Principle 16 of the Rio declaration, National authorities should endeavour to promote the internalisation of environmental costs and the use of economic instruments, taking into account the approach that the polluter should, in principle, bear the costs of pollution, with due regard to the public interests, and without distorting international trade and investment. NEMA (s 2(4)(p)) echoes this: The costs of remedying pollution, environmental degradation and consequent adverse health effects and of preventing, controlling or minimising further pollution, environmental damage or adverse health effects must be paid for by those responsible for harming the environment.

9. Local Level Governance

10. Common but Differentiated Responsibility