Legal Aspects of Biodiversity Offsets

Janice L Tooley

The use of biodiversity offsets as an environmental management tool for mitigation of impacts is becoming increasingly common practice. The Western Cape and KwaZulu-Natal already have detailed guidelines in place while a number of other provinces make provision for offsets in their conservation plans. SANBI is currently developing a national policy framework for biodiversity offsets under the National Environmental Management: Biodiversity Act 10 of 2004 in fulfilment of one of the strategic objectives identified in the National Biodiversity Framework. This paper is a review of South African law and reflects on where and how it provides for this tool. It also looks at some of the legal implications in practice and how other countries are dealing with this same issue.

Presentation Topic

Legal Aspects of Biodiversity Offsets



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Shepstone & Wylie; PO Box 305, La Lucia, 4153, KwaZulu-Natal


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