GAPS IN ENVIRONMENTAL POLICY AND LEGISLATION

When the words ‘policy’ or ‘legislation’ come up, they immediately create the impression of something far-removed and out of reach of the ordinary layperson, instead belonging exclusively to the realm of lawyers, judges, parliamentarians and ministers. And yet, everything is governed or impacted by policies and legislation, including the environment. Conservation projects often have policy and legislative changes as the final outcomes that they are lobbying and striving for. It is therefore useful for all stakeholders, including conservationists, academics and the general public, to gain an understanding of policies and legislation and think of what they can do about it. Like many things, policies and legislation do not just appear out of thin air and instead fit under a framework. Having an idea of how this framework looks like and what fits where is a useful exercise as a starting point. Policies and legislation are also often shaped by certain rights and other forces. Within the context of the environment, having an idea of what these are and how they function will be useful in understanding broad fundamental gaps within the framework. Finally, given the vastness of the environmental field, discussions on gaps of policies and legislation can potentially become too theoretical unless it is focused on application in a certain context. The chapter will therefore focus on a key area of environmental policy and legislation, that is the Environmental Impact Assessment (EIA) framework, attempting to unravel broad gaps and weaknesses. The solutions and way forward are not clear and therefore not discussed in detail. This is a challenge left to all stakeholders concerned to shape and determine, hopefully to create a future where humans and nature can live in harmony and prosperity.