Conservation of private land by means of compensatory mechanisms and incentives

This report reviews the potential of financial incentives and compensatory mechanisms for achieving conservation goals on privately owned land in South Africa. Legal concepts, such as the notion of absolute ownership of property, are examined in the context of South Africa's historical and political circumstances to highlight how they have contributed to a highly individualistic attitude to land ownership in South Africa. The achievement of environmental objectives has relied largely on outright control of, and prohibitions on, the use of land. Incentives and compensatory mechanisms offer complementary methods of encouraging the diminution of ownership rights in private land for the public interest. A review of some foreign legal systems shows that compensation for the diminution of private rights in land is a grossly neglected area of South African law. It is found that attention should be given to the development of satisfactory principles of compensation as well as to the incorporation of incentives into South African legislation. It is concluded that the success of such recommendations is dependant on the fulfilment of certain administrative prerequisites, including the formulation of a national strategy for the conservation of private land in South Africa and the constitution of a formal body of experts to advise on compensation and incentive schemes.

Grantor dc:publisher.institution

Department of Environmental and Geographical Science

Year dc:date.issued

1986

Author dc:creator

• Glazewski, Jan

Advisor dc:contributor.advisor

• Fuggle, Richard Francis

Language dc:language.iso

eng

Handle dc:identifier.uri

http://hdl.handle.net/11427/16345

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/16345