Unpacking the public trust doctrine : a journey into foreign territory

The past decade has borne witness to the transformation of South Africa's natural resources law with the introduction of a new legal concept to South African jurisprudence. The table for transformation was set with Section 3 of the National Water Act, in which the concept of "public truste...

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Published in: Potchefstroom electronic law journal Vol. 13; no. 5; pp. 122 - 159
Main Author: Van der Schyff, E
Format: Journal Article
Language: English
Afrikaans
Portuguese
Published: South Africa North-West University 01-01-2010
North-West University (Potchefstroom Campus)
Subjects:
Law
Online Access: Get full text
Summary: The past decade has borne witness to the transformation of South Africa's natural resources law with the introduction of a new legal concept to South African jurisprudence. The table for transformation was set with Section 3 of the National Water Act, in which the concept of "public trusteeship" was formally introduced into South African law without great fanfare. Then followed the National Environmental Management Act, the Mineral and Petroleum Resources Development Act and the National Environmental Management: Biodiversity Act, each ingraining this novel concept of "public trusteeship" more firmly into South African jurisprudence. With the promulgation of these pieces of legislation, the state has had conferred upon it the obligation to act as either trustee or custodian of the environment or a specific natural resource, whilst the environment or that particular natural resource has been bequeathed to the people of South Africa.
ISSN: 1727-3781
1727-3781