LCP4805
ASSIGNMENT 1
DUE DATE: 23 MARCH 2026
,LCP4805 ASSIGNMENT 1 2026
QUESTION 1
1.1 Five Environmental Management Principles in NEMA
Principle Subsection in NEMA
The "polluter pays" principle, the costs of Section 2(4)(p)
remedying pollution, environmental
degradation and consequent adverse health
effects must be paid for by those responsible
for harming the environment
The precautionary principle- a risk-averse and Section 2(4)(a)(vii)
cautious approach must be applied, which
takes into account the limits of current
knowledge about the consequences of
decisions and actions
The principle of environmental justice- adverse Section 2(4)(c)
environmental impacts shall not be distributed
in such a manner as to unfairly discriminate
against any person, particularly vulnerable and
disadvantaged persons
The principle of public participation- the Section 2(4)(f)
participation of all interested and affected
parties in environmental governance must be
promoted
The principle of access to information - Section 2(4)(k)
decisions must be taken in an open and
transparent manner, and access to information
must be provided in accordance with the law
(LCP4805 Study Guide, pp 117-118; NEMA s 2(4)
, 1.2 The Purpose of the Environmental Management Principles (20 marks)
Section 2(1) of NEMA provides that the environmental management principles
set out in the Act apply to the actions of all organs of state that may significantly
affect the environment. These principles are not merely aspirational; they serve
several crucial functions within South Africa's environmental law framework.
The purpose of these principles must be understood within the broader context
of South Africa's constitutional democracy and the transformative objectives of
the Constitution.
The Legal Framework: Section 2(1) of NEMA
Section 2(1) of NEMA explicitly states that the environmental management
principles:
(a) apply alongside all other appropriate and relevant considerations,
including the State's responsibility to respect, protect, promote and fulfil the
social and economic rights in Chapter 2 of the Constitution and in particular the
basic needs of categories of persons disadvantaged by unfair discrimination;
(b) serve as the general framework within which environmental management
and implementation plans must be formulated;
(c) serve as guidelines by reference to which any organ of state must
exercise any function when taking any decision in terms of this Act or any
statutory provision concerning the protection of the environment;
ASSIGNMENT 1
DUE DATE: 23 MARCH 2026
,LCP4805 ASSIGNMENT 1 2026
QUESTION 1
1.1 Five Environmental Management Principles in NEMA
Principle Subsection in NEMA
The "polluter pays" principle, the costs of Section 2(4)(p)
remedying pollution, environmental
degradation and consequent adverse health
effects must be paid for by those responsible
for harming the environment
The precautionary principle- a risk-averse and Section 2(4)(a)(vii)
cautious approach must be applied, which
takes into account the limits of current
knowledge about the consequences of
decisions and actions
The principle of environmental justice- adverse Section 2(4)(c)
environmental impacts shall not be distributed
in such a manner as to unfairly discriminate
against any person, particularly vulnerable and
disadvantaged persons
The principle of public participation- the Section 2(4)(f)
participation of all interested and affected
parties in environmental governance must be
promoted
The principle of access to information - Section 2(4)(k)
decisions must be taken in an open and
transparent manner, and access to information
must be provided in accordance with the law
(LCP4805 Study Guide, pp 117-118; NEMA s 2(4)
, 1.2 The Purpose of the Environmental Management Principles (20 marks)
Section 2(1) of NEMA provides that the environmental management principles
set out in the Act apply to the actions of all organs of state that may significantly
affect the environment. These principles are not merely aspirational; they serve
several crucial functions within South Africa's environmental law framework.
The purpose of these principles must be understood within the broader context
of South Africa's constitutional democracy and the transformative objectives of
the Constitution.
The Legal Framework: Section 2(1) of NEMA
Section 2(1) of NEMA explicitly states that the environmental management
principles:
(a) apply alongside all other appropriate and relevant considerations,
including the State's responsibility to respect, protect, promote and fulfil the
social and economic rights in Chapter 2 of the Constitution and in particular the
basic needs of categories of persons disadvantaged by unfair discrimination;
(b) serve as the general framework within which environmental management
and implementation plans must be formulated;
(c) serve as guidelines by reference to which any organ of state must
exercise any function when taking any decision in terms of this Act or any
statutory provision concerning the protection of the environment;
