LEG2601 - Legal Aspects Of Environmental Management ASSIGNMENT NO 01 2022.

LEG2601 - Legal Aspects Of Environmental Management ASSIGNMENT NO 01 2022. Question 1 Importance of historical graves  From a historical point of view and for research purposes, it is vital that burial sites are not disturbed. The location and marking of an individual’s grave tells a life story, where he/she died or defending (or attacking) a particular place situation and makes it easier to understand the circumstances of his/her death.  A “heritage resource” means any place or object of cultural significance. This could include an historic or cultural building, a piece of land where an historic battle took place, an area where special artefacts are to be found, historic grave sites, caves where there are San paintings, and so forth.  A person who wishes to undertake certain types of development that will have an impact on a heritage resource must include an assessment of the impact on the heritage resource in question in his or her application. This procedure is set out in, section 38 of the Act. What follows is a summary of the procedure to be This study source was downloaded by from CourseH on :53:03 GMT -06:00 followed when planning a development that will affect a heritage resource.  A person who intends to undertake a specified development must, at the very earliest stages of initiating such a development, notify the responsible heritage resources authority and furnish it with details of the location, the nature and the extent of the proposed development.  The responsible heritage resources authority must, within 14 days of receipt of a notification – if there is reason to believe that heritage resources will be affected by such development – notify the person who intends to undertake the development to submit an impact assessment report. Such report must be compiled at the cost of the person proposing the development, by a person or persons approved by the responsible heritage resources authority with relevant qualifications and experience and professional standing in heritage resources management. The responsible heritage resources authority must specify the information to be provided in the report it requires. However, the following information must be included:  the identification and mapping of all heritage resources in the area affected.  an assessment of the significance of such resources in terms of the heritage assessment criteria ● an assessment of the impact of the development on such heritage resources. Impact on Heritage This study source was downloaded by from CourseH on :53:03 GMT -06:00  Many families will suffer to find the graves of their loved ones as our culture says that burial sites are not should not be disturbed as they represent our great ancestors. Human remains are generally regarded as sacred and shall always be treated with uttermost respect and protection. Disregarding the sensitivity of how local communities treated human remains will always lead to confrontation between the developer and the community. Bearing in mind that not all bone remains will turn out to be human and not all sites that custodians point out as potential QUESTION 2 Promotion of Administration Act 3 of 2000  It’s unfair for the EnergyCo to neglect consultation procedures with their neighbours, North South Game Reserve.  The Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000) (“PAJA”) gives effect to the right to administrative action that is lawful, reasonable and procedurally fair as well as to the right to written reasons for administrative action as contemplated in section 33 of the Constitution of the Republic of South Africa, 1996. It seeks to make the administration effective and accountable to people for its actions. Together with the Constitution it embraces the “Batho Pele” Principles and promotes South African citizens’ right to just administration. This section of the Constitution also ensures that people have the right to ask for written reasons when administrative action has a negative impact on them. This study source was downloaded by from CourseH on :53:03 GMT -06:00  Administrators in DIRCO make many decisions on a daily basis that could affect the lives of citizens. These decisions are subject to conditions set out by PAJA. It is therefore critical that administrators understand the PAJA requirements and ensure that decision-making processes, decisions and applicable internal remedial processes are all aligned to the PAJA requirements. PAJA applies to and binds DIRCO, as an organs of state, and governs all decision-making activities that impact on citizens.  In applying PAJA, administrators achieve the following:  Facilitate the ability of citizens to access their constitutional rights to just and fair administrative action;  Enable citizens to actively participate in the decision-making process;  Ensure that organs of state are accountable and transparent; and  Promote lawful, reasonable and procedurally fair decision making processes.