LCP4805 Assignment 2 (ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED

Well-structured LCP4805 Assignment 2 (ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED. - DISTINCTION GUARANTEED. (DETAILED ANSWERS - DISTINCTION GUARANTEED!)..... Section 24(a) of the Constitution of the Republic of South Africa, 1996, provides that everyone has the right to an environment that is ____ Not harmful to their health or well-being Clean and sanitary Pretty Safe When an administrator performs administrative actions in the environmental sphere ____ He or she is not considered to be an organ of state He or she must comply with section 33 of the Constitution He or she does not have to give anybody a hearing His or her conduct, if unconstitutional, is not subject to review Section ____ of the National Environmental Management Act 107 of 1998 reads as follows: Decisions must be taken in an open and transparent manner, and access to information must be provided in accordance with the law 8(4)(k) 2(4)(k) 5(4)(k) 1(4)(k) The National Water Act 36 of 1998 is the framework legislation for environmental management in South Africa True False In Fuel Retailers Association of Southern Africa v Director General Environmental Management, Department of Agriculture, Conservation and Environment, Mpumalanga Province, the Constitutional Court indicated that an environmental authority is obliged to consider socio economic factors as well as the cumulative impact of the proposed filling station True False Which of the following is not a distinctive principle that guides and supports environmental law Sustainable development Clean environment principle Polluter pays principle Life cycle responsibility The Constitution of the Republic of South Africa, 1996, provides that everyone has the right to an environment but does not elaborate on the meaning of environment, and we can rely on the National Forests Act 84 of 1998 to define it True False Power Pty Ltd plans to construct a coal fired power station and receives environmental authorisation after an environmental impact assessment without a climate change impact assessment. Based on Earthlife Africa Johannesburg v Minister of Environmental Affairs and others, what is the correct legal position It is sufficient to obtain an atmospheric emissions licence and no further climate change consideration is needed Climate change is not required to be considered in law Government may consider climate change but does not need a full assessment An assessment of climate change impacts and mitigation measures is relevant in the authorisation process Which statement is correct The environmental management inspector must evaluate environmental impact The environmental assessment practitioner makes the final decision The environmental assessment practitioner is responsible for planning, managing and coordinating the assessment The competent authority is responsible for planning, managing and coordinating the assessment The notion of sustainable development is a combination of the human centred and life centred approaches True False Why is environmental law in South Africa regarded as having a strong public law component It regulates only private relationships It deals only with international agreements It is derived from the Constitution and legislation regulating state involvement It excludes administrative law Section 24 of the Constitution incorporates characteristics of A socio economic right only Neither a fundamental nor socio economic right Both a fundamental and a socio economic right A fundamental right only Greenpeace wants to challenge an environmental authorisation decision. Under which law can the decision be set aside Section 39 of the Constitution Section 1 of the Protected Areas Act Section 25(1)(a) of NEMA Section 6 of the Promotion of Administrative Justice Act Which of the following best explains why environmental law is a distinct legal discipline It unites principles from different legal fields for environmental protection It regulates only environmental crimes It applies only to criminal law It excludes private and international law Consider section 24O of NEMA. The use of the word may means the Minister has discretion to consider the listed factors True False According to Kidd, what are the key features of a criminal sanction It focuses on compensation It involves community condemnation and punishment It focuses on rehabilitation It applies only to civil breaches In Sustaining the Wild Coast NPC case, which constitutional provisions were relied on None Sections 24, 30 and 31 Sections 11, 24 and 26 Sections 10, 24 and 25 Section 38 of the Constitution allows who to approach a competent court Only individuals with financial loss Anyone acting in the public interest or on behalf of a group Only affected landowners Only government departments Section 24 of NEMA provides the conditions and criteria for environmental authorisation decisions True False Which statement best reflects environmental justice under NEMA Economic development must be prioritised Environmental impacts must not unfairly discriminate against vulnerable groups It applies only to criminal sanctions It applies only to national government In Minister of Mineral Resources and Energy v Sustaining the Wild Coast NPC, what did the court emphasise Notices in English and Afrikaans are sufficient Interested parties must receive enough information to assess impacts The decision was not reviewable Consultation is not required In Fuel Retailers Association case, what were the two main grounds of challenge Need, desirability and sustainability of the filling station and potential aquifer contamination Traffic congestion and accidents Air and noise pollution Existence of nearby petrol stations Which instrument is identified as a key source of soft law in international environmental law Stockholm Declaration Rio Declaration Kyoto Protocol Law of the Sea Convention You are assisting in reviewing an environmental authorisation for a coal fired power station. What ground would you rely on Mandatory preconditions in NEMA were not considered Section 29 of the Constitution was not considered Coal power stations are prohibited Impacts on infrastructure were not considered In Grootboom case, what did the court hold about environmental protection measures Legislation alone is sufficient State obligation ends once legislation is passed Socio economic rights are not enforceable Legislation must be supported by policies and programmes