LCP4805 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026 - DUE 20 March 2026

LCP4805 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026 - DUE 20 March 2026... QUESTION 1 Section 2(1) of the National Environmental Management Act 107 of 1998 (NEMA) states that the principles set out in the particular section apply to the actions of all organs of state that may significantly affect the environment Section 24o of the National Environmental Management Act, 107 of 1998 (NEMA) lists the criteria to be considered by the competent authority when considering an application for an environmental authorisation. In your opinion, does this include the impacts of climate change? Motivate your answer in full by referring to NEMA and relevant case law. (20) Question 2 As part of the public participation process, the environmental impact practitioner (EAP) must, in terms of the environmental impact assessment (EIA) regulations, give written notice to six categories of persons concerning the proposed development. Identify and briefly explain each category of persons referred to. (10) Question 3 In Sustaining the Wild Coast NPC and Others v Minister of Mineral Resources and Energy and Others (3491/2021) [2021] ZAECGHC 118; [2022] 1 All SA 796 (ECG); 2022 (2) SA 585 (ECG) (28 December 2021) the litigants relied on, inter alia, their Indigenous rights and knowledge to oppose Analyse how the concept of sustainable development supports and promotes the establishment and growth of a ‘‘new democratic order’’ within the South African constitutional dispensation. Shell’s employing of a 3D seismic survey in the country’s south-eastern coastal waters. In this context, answer the following question. Did Shell petroleum fulfil the requirements of the public participation/consultation process? Motivate your answer in full by referring to: • applicable environmental legislation generally and specifically within the EIA process and • specific paragraphs in the judgment. QUESTION 2 "Soft law is to be found in many branches of international law, but there is no doubt that it plays a greater role in environmental law than any other branch of law.” (Dugard International Law: A South African Perspective (2011) at 401). 2.1 Do you agree with this view? Motivate your answer. (5) 2.2 With this observation in mind, provide a critical overview of the development of international environmental law. Better Future (Pty) Ltd wants to construct a series of pedestrian and vehicle bridges over a lake and a river as part of their lakeside retirement development. Constructing bridges over a river requires an environmental impact assessment (EIA) in the Environmental Impact Assessment Regulations of 2014. The relevant authorities considered the EIA carried out and granted the authorisation. However, the local ratepayers' association is against the construction of the bridges because of the negative impact on the environment. The association alleges further that it was not asked for any input in the matter and that the relevant authorities refused to give the association access to information concerning the negative impact of the construction on the environment. 3.1 Did the environmental impact assessment (EIA) achieve integrated environmental management, as set out in section 23 of the National Environmental Management Act 107 of 1998 (NEMA)? Motivate. (10) 3.2 In terms of section 32(1)(a) of the Constitution, everyone has the right of access to any information held by the state. Explain the importance of having access to information in matters concerning the environment. (20) 3.3 Explain why, in your opinion, it is necessary to make provision for cooperative governance and the coordination of environmental functions. QUESTION 2 The news article “South Africa: Gold mine pollution is poisoning Soweto’s water and soil – study finds food gardens are at risk” by Lesego Khomo appeared in The Conversation (published: May 23, 2024, 3.59 pm SAST). Read the section below and answer the questions. “For 140 years, gold mines in Johannesburg, South Africa, have been leaking wastewater contaminated with heavy metals. The acid mine drainage from Johannesburg’s estimated 278 abandoned mines and 200 mine dumps includes uranium (a radioactive metal), toxic arsenic, copper, cobalt, nickel, lead and zinc. Acid mine drainage can pollute land and water sources up to 20 kilometres from a mine unless it is remediated by mining companies. The contamination cascades through food webs and poisons river water, plants and animals. In very mild doses, exposure to the heavy metals in acid mine drainage can cause dehydration and abdominal pain. In cases of serious exposure, birth defects, brain damage, cancer and miscarriages can result.” Analyse how the concept of sustainable development supports and promotes the establishment and growth of a ‘‘new democratic order’’ within the South African constitutional dispensation. 2.1 What does the “polluter pays’’ principle entail? (10) 2.2 Define inter- and intra-generational equity and state in which context you will encounter these terms in environmental law. (10) 2.3 When can an environmental management inspector (EMI) issue a compliance notice? (2) 2.4 What are the consequences of failure to comply with a compliance notice? QUESTION 3 Section 2(1) of the National Environmental Management Act 107 of 1998 (NEMA) states that the principles set out in the particular section apply to the actions of all organs of state ‘‘that may significantly affect the environment’’. 3.1 List any five (5) environmental management principles in NEMA. You need to include the relevant subsections in NEMA. (5) 3.2 What is the purpose of the environmental management principles? Your answer needs to refer to applicable case law and relevant sections in NEMA. (20) QUESTION 1 Section 2(1) of the National Environmental Management Act 107 of 1998 (NEMA) states that the principles set out in the particular section apply to the actions of all organs of state that may significantly affect the environment Section 24o of the National Environmental Management Act, 107 of 1998 (NEMA) lists the criteria to be considered by the competent authority when considering an application for an environmental authorisation. In your opinion, does this include the impacts of climate change? Motivate your answer in full by referring to NEMA and relevant case law. (20) Question 2 As part of the public participation process, the environmental impact practitioner (EAP) must, in terms of the environmental impact assessment (EIA) regulations, give written notice to six categories of persons concerning the proposed development. Identify and briefly explain each category of persons referred to. (10) Question 3 In Sustaining the Wild Coast NPC and Others v Minister of Mineral Resources and Energy and Others (3491/2021) [2021] ZAECGHC 118; [2022] 1 All SA 796 (ECG); 2022 (2) SA 585 (ECG) (28 December 2021) the litigants relied on, inter alia, their Indigenous rights and knowledge to oppose Analyse how the concept of sustainable development supports and promotes the establishment and growth of a ‘‘new democratic order’’ within the South African constitutional dispensation. Shell’s employing of a 3D seismic survey in the country’s south-eastern coastal waters. In this context, answer the following question. Did Shell petroleum fulfil the requirements of the public participation/consultation process? Motivate your answer in full by referring to: • applicable environmental legislation generally and specifically within the EIA process and • specific paragraphs in the judgment. QUESTION 2 "Soft law is to be found in many branches of international law, but there is no doubt that it plays a greater role in environmental law than any other branch of law.” (Dugard International Law: A South African Perspective (2011) at 401). 2.1 Do you agree with this view? Motivate your answer. (5) 2.2 With this observation in mind, provide a critical overview of the development of international environmental law. Better Future (Pty) Ltd wants to construct a series of pedestrian and vehicle bridges over a lake and a river as part of their lakeside retirement development. Constructing bridges over a river requires an environmental impact assessment (EIA) in the Environmental Impact Assessment Regulations of 2014. The relevant authorities considered the EIA carried out and granted the authorisation. However, the local ratepayers' association is against the construction of the bridges because of the negative impact on the environment. The association alleges further that it was not asked for any input in the matter and that the relevant authorities refused to give the association access to information concerning the negative impact of the construction on the environment. 3.1 Did the environmental impact assessment (EIA) achieve integrated environmental management, as set out in section 23 of the National Environmental Management Act 107 of 1998 (NEMA)? Motivate. (10) 3.2 In terms of section 32(1)(a) of the Constitution, everyone has the right of access to any information held by the state. Explain the importance of having access to information in matters concerning the environment. (20) 3.3 Explain why, in your opinion, it is necessary to make provision for cooperative governance and the coordination of environmental functions. QUESTION 2 The news article “South Africa: Gold mine pollution is poisoning Soweto’s water and soil – study finds food gardens are at risk” by Lesego Khomo appeared in The Conversation (published: May 23, 2024, 3.59 pm SAST). Read the section below and answer the questions. “For 140 years, gold mines in Johannesburg, South Africa, have been leaking wastewater contaminated with heavy metals. The acid mine drainage from Johannesburg’s estimated 278 abandoned mines and 200 mine dumps includes uranium (a radioactive metal), toxic arsenic, copper, cobalt, nickel, lead and zinc. Acid mine drainage can pollute land and water sources up to 20 kilometres from a mine unless it is remediated by mining companies. The contamination cascades through food webs and poisons river water, plants and animals. In very mild doses, exposure to the heavy metals in acid mine drainage can cause dehydration and abdominal pain. In cases of serious exposure, birth defects, brain damage, cancer and miscarriages can result.” Analyse how the concept of sustainable development supports and promotes the establishment and growth of a ‘‘new democratic order’’ within the South African constitutional dispensation. 2.1 What does the “polluter pays’’ principle entail? (10) 2.2 Define inter- and intra-generational equity and state in which context you will encounter these terms in environmental law. (10) 2.3 When can an environmental management inspector (EMI) issue a compliance notice? (2) 2.4 What are the consequences of failure to comply with a compliance notice? QUESTION 3 Section 2(1) of the National Environmental Management Act 107 of 1998 (NEMA) states that the principles set out in the particular section apply to the actions of all organs of state ‘‘that may significantly affect the environment’’. 3.1 List any five (5) environmental management principles in NEMA. You need to include the relevant subsections in NEMA. (5) 3.2 What is the purpose of the environmental management principles? Your answer needs to refer to applicable case law and relevant sections in NEMA. (20) QUESTION 1 Section 2(1) of the National Environmental Management Act 107 of 1998 (NEMA) states that the principles set out in the particular section apply to the actions of all organs of state that may significantly affect the environment Section 24o of the National Environmental Management Act, 107 of 1998 (NEMA) lists the criteria to be considered by the competent authority when considering an application for an environmental authorisation. In your opinion, does this include the impacts of climate change? Motivate your answer in full by referring to NEMA and relevant case law. (20) Question 2 As part of the public participation process, the environmental impact practitioner (EAP) must, in terms of the environmental impact assessment (EIA) regulations, give written notice to six categories of persons concerning the proposed development. Identify and briefly explain each category of persons referred to. (10) Question 3 In Sustaining the Wild Coast NPC and Others v Minister of Mineral Resources and Energy and Others (3491/2021) [2021] ZAECGHC 118; [2022] 1 All SA 796 (ECG); 2022 (2) SA 585 (ECG) (28 December 2021) the litigants relied on, inter alia, their Indigenous rights and knowledge to oppose Analyse how the concept of sustainable development supports and promotes the establishment and growth of a ‘‘new democratic order’’ within the South African constitutional dispensation. Shell’s employing of a 3D seismic survey in the country’s south-eastern coastal waters. In this context, answer the following question. Did Shell petroleum fulfil the requirements of the public participation/consultation process? Motivate your answer in full by referring to: • applicable environmental legislation generally and specifically within the EIA process and • specific paragraphs in the judgment. QUESTION 2 "Soft law is to be found in many branches of international law, but there is no doubt that it plays a greater role in environmental law than any other branch of law.” (Dugard International Law: A South African Perspective (2011) at 401). 2.1 Do you agree with this view? Motivate your answer. (5) 2.2 With this observation in mind, provide a critical overview of the development of international environmental law. Better Future (Pty) Ltd wants to construct a series of pedestrian and vehicle bridges over a lake and a river as part of their lakeside retirement development. Constructing bridges over a river requires an environmental impact assessment (EIA) in the Environmental Impact Assessment Regulations of 2014. The relevant authorities considered the EIA carried out and granted the authorisation. However, the local ratepayers' association is against the construction of the bridges because of the negative impact on the environment. The association alleges further that it was not asked for any input in the matter and that the relevant authorities refused to give the association access to information concerning the negative impact of the construction on the environment. 3.1 Did the environmental impact assessment (EIA) achieve integrated environmental management, as set out in section 23 of the National Environmental Management Act 107 of 1998 (NEMA)? Motivate. (10) 3.2 In terms of section 32(1)(a) of the Constitution, everyone has the right of access to any information held by the state. Explain the importance of having access to information in matters concerning the environment. (20) 3.3 Explain why, in your opinion, it is necessary to make provision for cooperative governance and the coordination of environmental functions. QUESTION 2 The news article “South Africa: Gold mine pollution is poisoning Soweto’s water and soil – study finds food gardens are at risk” by Lesego Khomo appeared in The Conversation (published: May 23, 2024, 3.59 pm SAST). Read the section below and answer the questions. “For 140 years, gold mines in Johannesburg, South Africa, have been leaking wastewater contaminated with heavy metals. The acid mine drainage from Johannesburg’s estimated 278 abandoned mines and 200 mine dumps includes uranium (a radioactive metal), toxic arsenic, copper, cobalt, nickel, lead and zinc. Acid mine drainage can pollute land and water sources up to 20 kilometres from a mine unless it is remediated by mining companies. The contamination cascades through food webs and poisons river water, plants and animals. In very mild doses, exposure to the heavy metals in acid mine drainage can cause dehydration and abdominal pain. In cases of serious exposure, birth defects, brain damage, cancer and miscarriages can result.” Analyse how the concept of sustainable development supports and promotes the establishment and growth of a ‘‘new democratic order’’ within the South African constitutional dispensation. 2.1 What does the “polluter pays’’ principle entail? (10) 2.2 Define inter- and intra-generational equity and state in which context you will encounter these terms in environmental law. (10) 2.3 When can an environmental management inspector (EMI) issue a compliance notice? (2) 2.4 What are the consequences of failure to comply with a compliance notice? QUESTION 3 Section 2(1) of the National Environmental Management Act 107 of 1998 (NEMA) states that the principles set out in the particular section apply to the actions of all organs of state ‘‘that may significantly affect the environment’’. 3.1 List any five (5) environmental management principles in NEMA. You need to include the relevant subsections in NEMA. (5) 3.2 What is the purpose of the environmental management principles? Your answer needs to refer to applicable case law and relevant sections in NEMA. (20) Read less