Getting to grips with the public trust doctrine in biodiversity conservation: A brief overview

• DOI: 10.4102/abc.v48i1.2308
• Publication Date: 2018-07-26T02:59:42Z
• Authors: Andrew C. Blackmore
• Keywords: Public trust doctrine

The explicit incorporation of the public trust doctrine into South Africa’s Bill Rights in SouthAfrica’s Constitution, and its subsequent codification country’s environmentalbiodiversity, protected area, water, minerals heritage legislation, occurred to a large extentwithout applause or fanfare. It is apparent that 20-odd years since adoption existence importance within theacademic legal fraternities, bureaucratic decision-making courts have largely beenoverlooked. This observation evokes curiosity about history evolution doctrineand meaning relevance in, at least, conservation biodiversity Africancontext. concluded nature application SouthAfrica remains an enigma, development refinement this jurisprudence arerequired. variable and, places, conflicting wording trust-related provisions anumber environmental statutes suggests hence thenature was not fully understood by drafters thelegislature adopting those law. Africanenvironmental law lies beyond appears multiplebloodlines, which dispels notion Africa hermetically imported concept froma single source. interpretation inSouth likely be influenced varybetween disciplines constitute