Fiona Ayerst Attorneys Inc.

"Peace and security are dependent on development, social equity and proper environmental
management in the context of the goal of sustainable development" - Nelson Mandela

What is Environmental Law?

In RSA a shift in our environmental awareness has influenced the decisions and actions of government, developers and the business community. Under the Constitution a fundamental right for each person was created and that is the right to the environment and the right to an environment that is protected. We are required to act in accordance with this right. We all have the right to an environment that is not harmful to our health and well-being and we have the right to have our environment protected for the benefit of future generations. This includes the prevention of pollution and ecological degradation and the promotion of conservation. We all have the right to enforce this protection afforded to us by our Constitution, against the infringing party. Fiona Ayerst Attorneys Inc provides a service to both the party whose right is being infringed and also to give guidance to parties who may be embarking on environmentally infringing activities as to how to comply with the appropriate legislation. (see current cases for examples of Environmental Law)

What is NEMA?
In South Africa we also have many provincial and local laws to protect our environment. In order to give effect to the Constitution our country enacted the National Environmental Management Act in 1998(NEMA). This Act sets out certain principles with which both government/companies and private people are to comply. This Act states that we all have the right to an environment which is not harmful to our health and well-being and that the State must respect, protect, promote and fulfil the social, economic and environmental rights of everyone.

What is the Environment?
In terms of NEMA the environment is defined as the surroundings within which humans exist and is made up of the land , the water and the atmosphere of the earth and all animals and organisms living on the earth as well as the physical, chemical, aesthetic and cultural properties that influence human well-being.