"Minerals", "petroleum" and "operations" in the Mineral and Petroleum Resources Development Act 28 of 2002 : a geologist as devil's advocate for a change? "

This article examines the meaning of "minerals", petroleum, "operations" and activities in relation to such substances to determine the ambit of the application of the Minerals and Petroleum Resources Development Act 28 of 2002, the type of rights necessary for such operations and activities and the ambit of these rights. The examination of the meaning of these concepts takes place with reference to prior definitions in statutes and also from a natural science and geology perspective. An attempt is made to show that the legal definitions do no always correspond with the geological meanings and the meanings on the ground. It is questioned whether in recent legislation why more reliance is not placed on input from geologists in the field.

Water, escaping sovereignty : the hydropolitics of the Tigris-Euphrates river and Turkish state formation

Develops a critical analysis of the domestic and international factors influencing the process of Turkish state formation. Focuses on the political economy of water resource development along the Tigris-Euphrates river basin, shared by the three riparian states, Turkey, Iraq and Syria. Turkey's large-scale development of the river is characterised as a state making imperative, highlighting the needs to improve regional resource diplomacy.

Extended supervision or civil commitment for managing the risk of sexual offenders : public safety and individual rights

Since the early 1990’s, there has been a proliferation of legislative initiatives in North America, the United Kingdom, and Australasia that are intended to improve public protection from high risk sexual offenders. These laws include extended supervision of sexual offenders once released from prison and indefinite involuntary civil commitment to secure treatment facilities following the expiration of a prison sentence. The enactment of these laws has sparked intense debate and numerous legal challenges on a variety of issues, including the need to strike a proper balance between public safety and the rights of individual offenders. Recent challenges to Extended Supervision Orders in New Zealand have included the assertion that this approach is inconsistent with the Bill of Rights Act. This article compares the use of Extended Supervision Orders in New Zealand to the use of civil commitment of Sexually Violent Predators in the United States, and particularly in California, which currently confines the largest number of offenders under this type of commitment. It is argued that Extended Supervision is more flexible, less intrusive, less punitive, and less costly than civil commitment. The degree to which it is effective in improving public safety remains an empirical question.

Victoria’s banning provisions: ‘balancing’ discretionary police powers and individual rights

This thesis examines the parliamentary passage, implementation and ongoing scrutiny of Victoria’s banning notice provisions. Underlying political assumptions and justifications are explored to reveal how banning notices exemplify a move towards police-imposed discretionary justice, which undermines individual rights and reconfigures the notion of balance in the criminal justice system.

Upholding whose right? Discretionary police powers to punish, collective 'pre-victimisation and the dilution of individual rights

This article uses the example of Victoria’s alcohol-related banning notice provisions to explore the changing conception of balance within criminal justice processes. Despite the formalisation of individual rights within measures such as Victoria’s Charter of Human Rights and Responsibilities Act 2006, the discretionary power of the police to issue on-the-spot punishments in response to actual or potential criminal behaviour has increased steadily. A key driver, evident across the parliamentary debates of the banning legislation, is a presumed need to protect the broader community of potential victims. As a result, the individual rights of those accused (but not necessarily convicted) of undesirable behaviours are increasingly subordinated to the pre-emptive protection of the law-abiding majority. This shift embodies a largely unsubstantiated notion of collective pre-victimisation. Significantly, despite the expectations of Victoria’s Charter, measures such as banning notices have been enacted with insufficient evidence of the underlying collective risk, of their likely effectiveness and without meaningful ongoing scrutiny. The motto of Victoria Police – Uphold the Right –appears to belie a growing uncertainty over whose rights should be upheld and how.

Artikel 3(1) en (2) van die Mineral and Petroleum Resources Development Act 28 van 2002: 'n herbeskouing

Sections 3(1) and 3(2) of the Mineral and Petroleum Resources Development Act 28 of 2002
This contribution entails a discussion of the impact of section 3 of the Mineral and Petroleum Resources Development Act on various aspects of the new mineral and petroleum law. At the core of the discussion is the question of how this section is interpreted by various commentators, and the implications of the different opinions on the application of the section. The initial discussion highlights problems with the new definition of a "mineral": Soil, including topsoil is at present included in die definition of a "mineral" in the act. The definition should be rectified by the legislature as it has far-reaching consequences in respect of the extent of the state's power in terms of section 3(2) of the act to grant entitlements in respect of minerals, including topsoil. The implications of section 3 for the control and management of minerals are discussed and placed in the context of the question about the constitutionality of the act. It is argued that legislative guidance is urgently needed to clarify continuing uncertainty, caused by sloppy drafting and different opinions about the connection between private law and public law in relation to minerals and the actual position of existing right holders.

The four national taps of Singapore: a holistic approach to water resources management from drainage to drinking water

 Water resources in Singapore are managed following the principles of a closed loop hydrologic cycle by one agency, the Public Utility Board (PUB), which promotes its management philosophy through the Four National Taps of Singapore program. The four national taps are: water from local catchment areas; imported water (from Malaysia); reused water (known as NEWater); and desalinated water. Given the uncertainty of water imports, the remaining three national taps have become increasingly important and this paper begins with a general overview of the innovative programs implemented by PUB in support of these three taps. Stormwater runoff is captured from two-thirds of Singapore’s land area and stored in reservoirs for subsequent use. Stormwater management is an important component of the catchment area tap and extensive low impact development (LID) implementation has become a priority through the ABC (Active, Beautiful, Clean) Waters Program. Examples of several ABC Waters projects are discussed. NEWater currently supplies 30% of the country’s demand and this is projected to increase to 50% by 2060. NEWater plants take treated wastewater through the additional steps of microfiltration, reverse osmosis and ultraviolet treatment for use primarily in industry, although a portion also is blended into the municipal reservoirs. Singapore’s single desalination plant currently meets 10% of its demand, with a second plant to be completed in 2013 that will more than double production. Also discussed are the results of recently completed pilot projects related to stormwater management including testing of E. coli in runoff from high density residential areas, a blind taste test and survey on acceptance of NEWater, and a survey of Singaporean understanding about stormwater management issues.Water resources in Singapore are managed following the principles of a closed loop hydrologic cycle by one agency, the Public Utility Board (PUB), which promotes its management philosophy through the Four National Taps of Singapore program. The four national taps are: water from local catchment areas; imported water (from Malaysia); reused water (known as NEWater); and desalinated water. Given the uncertainty of water imports, the remaining three national taps have become increasingly important and this paper begins with a general overview of the innovative programs implemented by PUB in support of these three taps. Stormwater runoff is captured from two-thirds of Singapore’s land area and stored in reservoirs for subsequent use. Stormwater management is an important component of the catchment area tap and extensive low impact development (LID) implementation has become a priority through the ABC (Active, Beautiful, Clean) Waters Program. Examples of several ABC Waters projects are discussed. NEWater currently supplies 30% of the country’s demand and this is projected to increase to 50% by 2060. NEWater plants take treated wastewater through the additional steps of microfiltration, reverse osmosis and ultraviolet treatment for use primarily in industry, although a portion also is blended into the municipal reservoirs. Singapore’s single desalination plant currently meets 10% of its demand, with a second plant to be completed in 2013 that will more than double production. Also discussed are the results of recently completed pilot projects related to stormwater management including testing of E. coli in runoff from high density residential areas, a blind taste test and survey on acceptance of NEWater, and a survey of Singaporean understanding about stormwater management issues.

Human resources development for sustainable aquaculture in the new millennium

Human resources development (HRD) is pivotal to aquaculture development in the new millennium, particularly so in the changing global pressure for all development to be environmentally and socially acceptable, irrespective of the economic status of nations. In the above context, HRD in the aquaculture sector has to have a more holistic approach, and the type of training provided has to be changed accordingly. Most nations in which aquaculture plays a significant role in poverty alleviation recognise that HRD is a key to sustained development of the sector. The types and levels of training required in the sector in the foreseeable future are discussed. The need to increase specialised training, particularly for researchers, in some of the developing nations likely to play adominant role in the aquaculture sector in the ensuing years, is also underlined. Examples are presented to indicate that current development programmes do not cater to HRD to the extent that is desirable to have a long-term impact.

Community development and ecology : engaging ecological sustainability through community development : selected papers from a conference held in Melbourne, 26-28 March 2008

The papers consider such questions as how to build community resilience in the context of profound environmental threat, how to ensure sustainability through community processes and how to assess community progress in responding to threats to the ecosystem.