LEG2601 ASSIGNMENT 1 & 2 2022

LEG2601 ASSIGNMENT 1 & 2 2022. Legal Aspects Of Environmental Management. Public Law Relationship - Public law is law governing the relationship between individuals (such as citizens and companies) and the state. - It is an unequal (↕ vertical) relationship, because one of the parties holds on authoritative position - Public law aims to protect the public interest - Public law comprises of constitutional law, administrative law, tax law and criminal law, as well as all procedural law. Private Law Relationship - Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligation (as it is called in civil legal systems) - It is a horizontal (↔ equal) relationship, meaning that the parties are on equal footing - The persons (also called “parties”) act in their own (private) capacity to further their own interests 1.2) Four Sources of South African Law - The constitution – the supreme law of the country - Legislation (acts of the national and provincial legislatures, governmental regulations) - Common law - International law 1.3)The term ‘heritage resource” refers to any place or object of cultural significance. The cultural Heritage Impact Assessment must be undertaken if a development will have an impact on a heritage resource. In the context of developments which threaten heritage resources, the Act provides for a National Heritage Resources Authority and for Provincial Heritage Resources Authorities. These authorities are responsible for protecting and managing certain categories of heritage resources and they are the authorities that must make the decision on whether to permit the development. A person who wishes to undertake certain types of development that will an impact on a heritage resource must include an assessment of the impact on the heritage resource in question in his or her application. 1.4)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 heritage - Kidd (Environmental law 2008 act 11) states that the public-trust doctrine adopted in South Africa resembles “trusteeship” rather than public trust - Public trust refers to a state-held resource which must be held for the benefit of the general public, referring to the free use of, or access to, such a resource by the general public - The principle of trusteeship, in contrast, entails that the trustee should protect the environment on behalf of future generations.