, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
QUESTION 1
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’’.
1.1 List any five (5) environmental management principles in NEMA. You need to include the
relevant subsections in NEMA.
Section 2(1) of the National Environmental Management Act 107 of 1998 (NEMA) establishes that
the national environmental management principles apply to all actions of organs of state that may
significantly affect the environment. Five key principles can be identified from section 2 of NEMA.
The principle of sustainable development, considered the founding principle of environmental law,
requires the consideration of all relevant factors, including a risk-averse and cautious approach that
takes into account the limits of current knowledge1.
The "polluter pays" principle is enshrined in section 2(4)(p), which states that the costs of remedying
pollution, environmental degradation, and consequent adverse health effects must be paid for by
those responsible for harming the environment2 . Environmental justice is pursued in terms of section
2(4)(c), ensuring that adverse environmental impacts shall not be distributed in a manner that
unfairly discriminates against any person, particularly vulnerable and disadvantaged persons1.
The principle of public trust is contained in section 2(4)(o), which holds that the environment is held
in public trust for the people, the beneficial use of environmental resources must serve the public
interest, and the environment must be protected as the people's common heritage2. Furthermore,
section 2(4)(k) provides that decisions must be taken in an open and transparent manner, and access
to information must be provided in accordance with the law2.
1: (LCP4805, Study Guide. Page 135)
2: (LCP4805, Study Guide. Page 136)
QUESTION 1
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’’.
1.1 List any five (5) environmental management principles in NEMA. You need to include the
relevant subsections in NEMA.
Section 2(1) of the National Environmental Management Act 107 of 1998 (NEMA) establishes that
the national environmental management principles apply to all actions of organs of state that may
significantly affect the environment. Five key principles can be identified from section 2 of NEMA.
The principle of sustainable development, considered the founding principle of environmental law,
requires the consideration of all relevant factors, including a risk-averse and cautious approach that
takes into account the limits of current knowledge1.
The "polluter pays" principle is enshrined in section 2(4)(p), which states that the costs of remedying
pollution, environmental degradation, and consequent adverse health effects must be paid for by
those responsible for harming the environment2 . Environmental justice is pursued in terms of section
2(4)(c), ensuring that adverse environmental impacts shall not be distributed in a manner that
unfairly discriminates against any person, particularly vulnerable and disadvantaged persons1.
The principle of public trust is contained in section 2(4)(o), which holds that the environment is held
in public trust for the people, the beneficial use of environmental resources must serve the public
interest, and the environment must be protected as the people's common heritage2. Furthermore,
section 2(4)(k) provides that decisions must be taken in an open and transparent manner, and access
to information must be provided in accordance with the law2.
1: (LCP4805, Study Guide. Page 135)
2: (LCP4805, Study Guide. Page 136)
