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Sustainable development forms the basis of environmental policy. The White Paper on Environmental Policy states that sustainable development is an overarching goal. The National Environmental Management Act, 1998 (Act No. 107 of 1998) (NEMA), as amende


Sustainable development forms the cornerstone of environmental policy in South Africa, as articulated in the White Paper on Environmental Policy, which designates it as an overarching goal. The National Environmental Management Act, 1998 (Act No. 107 of 1998) (NEMA), as amended, serves as the framework legislation for the country's environmental governance, establishing uniform norms and standards that apply across all environmental legislation. One essential norm embedded within the NEMA is the concept of sustainable development, defined as “the integration of social, economic and environmental factors into planning, implementation, and decision-making to ensure that development serves present and future generations.” The principles and objectives of sustainable development are integral to various aspects of environmental management as prescribed in the NEMA. The Act also lays the groundwork for compliance and enforcement of environmental legislation. Notably, sustainable development is further reinforced in sectoral legislation relevant to environmental management, including the National Water Act, 1998 (Act No. 36 of 1998), the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002), the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), and the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000). With respect to the proposed development, it is imperative to implement procedures and mechanisms that promote cooperative environmental governance as mandated by Chapter 3 of the NEMA. Specifically, Section 11 of the NEMA provides for environmental implementation plans and management plans, requiring every national department listed in Schedule 2 to formulate an environmental management plan. Furthermore, provinces and departments must ensure that these plans are aligned to promote uniformity across all levels of government. The aims and objectives of these environmental plans include: - Coordinating and harmonizing environmental policies, plans, programs, and decisions of various national departments and provincial and local governments, thereby minimizing procedural duplication and fostering consistency. - Reinforcing the principle of cooperative governance as outlined in Chapter 3 of the Constitution. - Safeguarding the environment across the nation to ensure comprehensive protection. - Preventing any actions by provinces that may adversely affect the environmental quality, economic stability, or public health interests of other provinces or the nation. - Enabling the Minister to effectively monitor the achievement, promotion, and protection of a sustainable environment. By adhering to these principles and frameworks set out in the relevant legislation, all stakeholders can contribute to a holistic approach to sustainable development that emphasizes the interconnectivity of social, economic, and environmental considerations.