Translating policy into law : a critical review of South Africa's emerging legal framework governing biofuels

 

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dc.contributor.advisor Paterson, Alexander en_ZA
dc.contributor.author Hill, Courtney Jade en_ZA
dc.date.accessioned 2016-05-23T11:09:21Z
dc.date.available 2016-05-23T11:09:21Z
dc.date.issued 2015 en_ZA
dc.identifier.citation Hill, C. 2015. Translating policy into law : a critical review of South Africa's emerging legal framework governing biofuels. University of Cape Town. en_ZA
dc.identifier.uri http://hdl.handle.net/11427/19784
dc.description.abstract There exists a sense of global urgency in the rapid growth of biofuel policy documents. This urgency is especially apparent over the past decade. This is as a result of the shift to incorporate renewable energies into the generation sector to further instil the principles of sustainable development. Biofuels remain a controversial issue drawing both protagonists and antagonists in the debate around agriculture. Notwithstanding this dispute, many countries have moved to integrate biofuels as an essential component in their energy blend. As a result of this controversy and their many potential impacts on other key sectors, most notably agriculture, stringent legal frameworks need to be introduced to regulate the biofuels industry. Several countries have already introduced legal frameworks of this nature. The advance of biofuels offers developing countries a perspective of self-security and valid economic stature at both the national and international levels. South African policy makers have indicated that biofuels will form an integral component of the country's future energy sector. This has been done through the release of the Biofuels Industrial Strategy of the Republic of South Africa (Industrial Strategy) in 2007, followed by the Draft Position Paper on the South African Biofuels Regulatory Framework (Position Paper) published in January 2014. The Position Paper outlines the key elements of the country's anticipated legal regime governing biofuels. It forms the focus of this dissertation that seeks to critically review South Africa's future legal framework governing biofuels. This dissertation serves to determine whether or not the future policy contains the necessary components which appear to underlie successful biofuel regimes, namely: an identification of the different types of fuels and their products; provisions for mandatory blending; licensing and permits; identification of reference crops; pricing schemes; incentives and criteria for the eligibility of government support; environmental management; and institutions. The critical review of the Position Paper is done utilising the plethora of South African legislation that highlight the move towards sustainable living. An array of policy documents with varying focuses such as fiscal directives and climate change mitigation is drawn from to effectively review the future legal biofuels regime in South Africa. Existing legislation is used in the critique to address the mechanisms from which the future framework will acquire governing support. This dissertation discusses the individual elements of the future regime and whether they suffice as effective regulatory tools in a legal biofuel framework, and if not, changes the regime should implement to do so. en_ZA
dc.language.iso eng en_ZA
dc.subject.other Marine and Environmental Law en_ZA
dc.title Translating policy into law : a critical review of South Africa's emerging legal framework governing biofuels en_ZA
dc.type Master Thesis
uct.type.publication Research en_ZA
uct.type.resource Thesis en_ZA
dc.publisher.institution University of Cape Town
dc.publisher.faculty Faculty of Law en_ZA
dc.publisher.department Institute of Marine and Environmental Law en_ZA
dc.type.qualificationlevel Masters
dc.type.qualificationname MPhil en_ZA
uct.type.filetype Text
uct.type.filetype Image
dc.identifier.apacitation Hill, C. J. (2015). <i>Translating policy into law : a critical review of South Africa's emerging legal framework governing biofuels</i>. (Thesis). University of Cape Town ,Faculty of Law ,Institute of Marine and Environmental Law. Retrieved from http://hdl.handle.net/11427/19784 en_ZA
dc.identifier.chicagocitation Hill, Courtney Jade. <i>"Translating policy into law : a critical review of South Africa's emerging legal framework governing biofuels."</i> Thesis., University of Cape Town ,Faculty of Law ,Institute of Marine and Environmental Law, 2015. http://hdl.handle.net/11427/19784 en_ZA
dc.identifier.vancouvercitation Hill CJ. Translating policy into law : a critical review of South Africa's emerging legal framework governing biofuels. [Thesis]. University of Cape Town ,Faculty of Law ,Institute of Marine and Environmental Law, 2015 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/19784 en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Hill, Courtney Jade AB - There exists a sense of global urgency in the rapid growth of biofuel policy documents. This urgency is especially apparent over the past decade. This is as a result of the shift to incorporate renewable energies into the generation sector to further instil the principles of sustainable development. Biofuels remain a controversial issue drawing both protagonists and antagonists in the debate around agriculture. Notwithstanding this dispute, many countries have moved to integrate biofuels as an essential component in their energy blend. As a result of this controversy and their many potential impacts on other key sectors, most notably agriculture, stringent legal frameworks need to be introduced to regulate the biofuels industry. Several countries have already introduced legal frameworks of this nature. The advance of biofuels offers developing countries a perspective of self-security and valid economic stature at both the national and international levels. South African policy makers have indicated that biofuels will form an integral component of the country's future energy sector. This has been done through the release of the Biofuels Industrial Strategy of the Republic of South Africa (Industrial Strategy) in 2007, followed by the Draft Position Paper on the South African Biofuels Regulatory Framework (Position Paper) published in January 2014. The Position Paper outlines the key elements of the country's anticipated legal regime governing biofuels. It forms the focus of this dissertation that seeks to critically review South Africa's future legal framework governing biofuels. This dissertation serves to determine whether or not the future policy contains the necessary components which appear to underlie successful biofuel regimes, namely: an identification of the different types of fuels and their products; provisions for mandatory blending; licensing and permits; identification of reference crops; pricing schemes; incentives and criteria for the eligibility of government support; environmental management; and institutions. The critical review of the Position Paper is done utilising the plethora of South African legislation that highlight the move towards sustainable living. An array of policy documents with varying focuses such as fiscal directives and climate change mitigation is drawn from to effectively review the future legal biofuels regime in South Africa. Existing legislation is used in the critique to address the mechanisms from which the future framework will acquire governing support. This dissertation discusses the individual elements of the future regime and whether they suffice as effective regulatory tools in a legal biofuel framework, and if not, changes the regime should implement to do so. DA - 2015 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2015 T1 - Translating policy into law : a critical review of South Africa's emerging legal framework governing biofuels TI - Translating policy into law : a critical review of South Africa's emerging legal framework governing biofuels UR - http://hdl.handle.net/11427/19784 ER - en_ZA


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