/
ENVIRONMENTAL SEMINAR ENVIRONMENTAL SEMINAR

ENVIRONMENTAL SEMINAR - PowerPoint Presentation

ellena-manuel
ellena-manuel . @ellena-manuel
Follow
380 views
Uploaded On 2017-12-07

ENVIRONMENTAL SEMINAR - PPT Presentation

11 MAY 2017 Environmental Compliance and Enforcement Targets Trends and Tips Back to basics administrative and criminal legal principles in environmental law enforcement Tina Terblanche ID: 613151

legal principles enforcement law principles legal law enforcement bowmanslaw interpretation info rule application bowmans criminal environmental basic provisions subject

Share:

Link:

Embed:

Download Presentation from below link

Download Presentation The PPT/PDF document "ENVIRONMENTAL SEMINAR" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.


Presentation Transcript

Slide1

ENVIRONMENTAL SEMINAR11 MAY 2017Environmental Compliance and Enforcement

Targets, Trends and TipsSlide2

Back to basics: administrative and criminal legal principles in environmental law enforcementTina TerblancheSenior Associate, BowmansSlide3

BASIC LEGAL PRINCIPLESSlide4

INTRODUCTION: BASIC LEGAL PRINCIPLESBasic legal principleslegal interpretation principles administrative law principlescriminal law principlesBasic legal principles sometimes

overlooked

in the context of environmental

enforcement by –

enforcement

authorities

persons subject to enforcement

actionSlide5

Importance of legal principles Principles inform –meaning of legal rule application of the legal rulethe scope of the

power

of the authority

the

procedure

that must be used

when

enforcing the

ruleSlide6

Types of enforcement actionSlide7

What does

the law say?Slide8

Legal interpretation principlesMeaning and application of legal ruleCommon-law rules and presumptionsPurposive interpretationGeneral rule: prospective application (not retrospective)

Restrictive

interpretation of penal provisionsSlide9

Legal interpretation principlesEXAMPLENEMA section 49A(1)(f): offence if person-"(f) unlawfully and intentionally or negligently commit any act or omission which

detrimentally affects

or is likely to detrimentally

affect

the environment

...“

What is the

threshold?

No qualification

that

unlawful “detrimental affect” must be significant

Liability can be based on intentional or negligent act or omission.Slide10

Restrictive interpretation of penal provisionsDemocratic Alliance v African National Congress and Another 2015 (2) SA 232 (CC)

“The restrictive interpretation of penal provisions is a long-standing principle of our common law. Beneath it lies considerations springing from the

rule of law

. The subject must know

clearly and certainly

when he or she is subject to penalty by the state. If there is any uncertainty about the ambit of a penalty provision, it must be resolved

in favour of liberty

.”

(para 130)Slide11

Presumption against retrospective application of legal rulesExample: Changes in environmental lawsSlide12

Presumption against retrospective application of legal rulesSlide13

CRIMINAL LAW PRINCIPLESSlide14

Criminal law principlesAll the elements of a crime must be proven for liability to ensueState must prove the elements beyond a reasonable doubt

Different forms of liability

Individual and corporate criminal liability

Strict liability and vicarious

liabilitySlide15

Who has authority to enforce?Slide16

ADMINISTRATIVE law principlesRule of law: power derived from empowering provisionAuthorities must act within scope of powerFair procedure

must be followed

Administrative action can be

reviewed

under PAJASlide17

Know when to question…Slide18

What is the trick?KNOW: when and how to question enforcement actionhow to respond to authorities

how to gather and present evidence

to

illustrate compliance

how to illustrate that

reasonable steps

are being taken in the case of non-compliance (i.e. what has been done to rectify)

When specialist legal advice is neededSlide19

The devil is in the detail…Slide20

Bowmans Office ContactsJohannesburgT: +27 11 669 9000

E:

info

-jhb@

bowmanslaw.com

Kampala

T:

+256 41 425 4540

E:

info

-ug@

bowmanslaw.com

Nairobi

T:

+254 20 289 9000

E:

info

-ke@

bowmanslaw.com

Follow us

on

@Bowmans_Law

Bowmans

Bowmans

www.bowmanslaw.com

Cape

Town

T:

+27 21 480 7800

E:

info-cpt@bowmanslaw.com

Dar

es

Salaam

T:

+255 22 219 8000

E:

info-tz@bowmanslaw.com

Durban

T:

+27 31 265 0651

E:

info-dbn@bowmanslaw.comSlide21

Thank you