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Rights to nature refers to the entitlement that man has to the natural environment in that
they are entitled to a healthy and clean environment and to develop through the
environment1, this entitlement to the environment extends to every human being including
those unborn therefore, all have a responsibility to look after the environment for the
present and future generation. Rights to nature on the other hand is recognising that our
eco system just like human beings have rights in all its form to exist, persist, maintain and
regenerate its vital cycles. This denotes that there should be a balance between what is
good for human beings against what is good for nature. From the two concepts it has been
brought to light that the rights to nature and the rights of nature have a common goal which
responsibility of the people to enforce these rights on behalf of theirselves and the eco
system. Therefore, applying the concepts implies that in whatever activities that man
engages in there should be full consideration taken to ensure that the environment is not
harmed.
One of the ways in which the above concept can be enforced is through environmental
activity has or will have an adverse impact on the environment 2. This examination seeks to
promote sustainable development and gives decision makers an insight on the expected
effects before a project is launched. section 53 gives a duty to all to inform the agency of
any activity that affects or may affect the environment. Section 3(1)4 tells us that projects
environmental impact assessment and a decision letter has been issued by council.
Section 7(1)5 further says that where it has been determined by council that significant
statement shall be required and the developer shall be informed within forty days of
receiving the project brief from the developer. With the above, subdividing the major forest
1 https://www.therightsofnature.org/what-is-right-of-nature/
2 Act No. 12 of 2011
3 Act No. 12 of 2011
4 Statutory Instrument No. 28 of 1997
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reserve for development through the Statutory instrument No. 62 is likely to cause
irreparable damage, the above shows that legislature provides for such situations thus it is
assessment as legislature provides for it. Section 46 brings out the right that society has to
a healthy and clean environment then section 37 further says subject to the constitution, if
there is any inconsistency between the provisions of the environmental management act
relating to any other written law then the provisions of the Act shall prevail hence any law
that has been created that is against the provisions of the right to a clean and healthy
environment and the duty to protect the environment like the SIs put in place that will harm
the environment shall be rendered inconsistent. In light of the above, the concept of rights
The challenges to be faced include the lengthy process of conducting a full environmental
impact assessment such as the stages outlined under the 4th schedule of the
preparing EIS and EIA, getting signatures of every person involved and another perfect
illustration is seen in section 7(1)8 that it takes 40 working days just to prepare an
right under section 49 that brings out the right to a clean and healthy environment owing to
the fact that the constitution does not directly provide for the right to a clean and healthy
environment.
The precautionary principle according to section 210 outlines that environmental damage
should be avoided before it occurs, the above situation shows serious irreversible
environmental threats owing to the fact that the river will consequently dry up which is an
irreparable damage likely to occur therefore there is need for the government to take
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10 Act No. 12 of 2011
precautionary action immediately seeing to it that a possible risk has been demonstrated.
Similarly, in leach v national parks wildlife service and shoal haven city council 11 it
was noted that the principle was directed towards the prevention of serious or irreversible
harm like that of the above situation where the river is likely to dry up hence decision
makers ought to be cautious. furthermore in R v state for trade and industry 12 it was
noted that the principle intends to avoid long term harm to the environment itself rather
than damage to human health from transitory conditions therefore this is the perfect
principle to be applied in that long term harm is likely to occur to the environment. With that
being stated, the precautionary principle is best to solve the above issue as it will curb the
Sustainable development is development that meets the needs of the present generation
without compromising that of the future generation 13. The case of Garcikovo Nagymaros
Project14 tells us that the court must hold a balance between environmental considerations
and developmental considerations. This means that in as much as the decision makers
are on a quest to subdivide the forest reserve for development they must put into
development can be best used to solve the issue at hand owing to the fact that it puts into
BIBLIOGRAPHY
STATUTES
CASES
Leach v national parks wildlife service and shoal haven city council [1993] NSWLEC 191
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