LCP4805
LATEST EXAM PACK
2023
Updated till October Exam 2023
The Law Tutor
,LCP4805 Environmental Law Oct/Nov 2022 Solutions
LCP4805 (Environmental Law)
Oct/Nov 2022 Exam Answers
Contents
QUESTION 1 ........................................................................................................................ 2
Mr Skhosana wishes to build a petrol station near a wetland in a provincial road in the
Northern Cape. Mr Skhosana has been informed that, from a South African environmental
legal perspective, such development will require that he obtain an environmental
authorisation. ........................................................................................................................ 2
1.1 With the inclusion of himself, assist Mr Skhosana by identifying the persons and
institutions involved in the authorisation process and explain their roles. (15) ................... 2
1.2 Mr Skhosana is aware that a public participation process will be required in the
process, kindly explain to him what such a process entails, and with reference to recent
case law, what factors Mr Skhosana needs to consider. (25) ............................................ 4
QUESTION 2 ........................................................................................................................ 6
Read the provision below and answer the questions that follow. ........................................... 6
Section 24 of South Africa’s Constitution provides as follows: ............................................... 6
Everyone has the right – ....................................................................................................... 6
(a) To an environment that is not harmful to their health and well-being; and ........................ 6
(b) To have the environment protected, for the benefit of present and future generations,
through reasonable legislative measures that – .................................................................... 6
(i) prevent pollution and ecological degradation; ................................................................... 6
(ii) promote conservation; and ............................................................................................... 6
(iii) secure ecologically sustainable development and use of natural resources while
promoting justifiable economic and social development. ....................................................... 6
2.1 It has been submitted that section 24 of South Africa9s Constitution subscribes to
anthropocentrism. Do you consider this submission true or false? Motivate your answer. . 7
2.2 In terms of article 71 of Ecuadors Constitution, <[n]ature, or Pacha Mama, where life is
reproduced and occurs, has the right to integral respect for its existence and the
maintenance and regeneration of its life cycles, structure, functions and evolutionary
processes. All persons, communities, peoples and nations can call upon public authorities
to enforce the rights of nature. What ethic does rights of nature’ subscribe to? Motivate
your answer. (12) .............................................................................................................. 8
, LCP4805 Environmental Law Oct/Nov 2022 Solutions
QUESTION 3 ........................................................................................................................ 8
3.1 Explain the significance of section 39 and 233 of the Constitution on South African
environmental law. (20) ..................................................................................................... 8
3.2 What are the primary purposes of an environmental impact assessment? (10) ......... 10
3.3. Section 2(4)(k) of the NEMA deals with access to environmental information. Is it
important to have such access? Motivate your answer. (10) ........................................... 11
QUESTION 1
Mr Skhosana wishes to build a petrol station near a wetland in a provincial
road in the Northern Cape. Mr Skhosana has been informed that, from a South
African environmental legal perspective, such development will require that he
obtain an environmental authorisation.
1.1 With the inclusion of himself, assist Mr Skhosana by identifying the
persons and institutions involved in the authorisation process and explain
their roles. (15)
When it comes to building any development near a sensitive area, such as a
wetland, it is essential to follow the necessary environmental laws and regulations to
protect the environment. Mr Skhosana, who wants to build a petrol station near a
wetland in a provincial road in the Northern Cape, has been informed that he must
obtain an environmental authorisation before proceeding with his plans. In South
Africa, the process of obtaining an environmental authorisation involves various
parties and institutions, each with a specific role to play. In this answer, we will
identify the individuals and institutions involved in the authorisation process and
explain their roles, in order to assist Mr Skhosana in his endeavor.
LATEST EXAM PACK
2023
Updated till October Exam 2023
The Law Tutor
,LCP4805 Environmental Law Oct/Nov 2022 Solutions
LCP4805 (Environmental Law)
Oct/Nov 2022 Exam Answers
Contents
QUESTION 1 ........................................................................................................................ 2
Mr Skhosana wishes to build a petrol station near a wetland in a provincial road in the
Northern Cape. Mr Skhosana has been informed that, from a South African environmental
legal perspective, such development will require that he obtain an environmental
authorisation. ........................................................................................................................ 2
1.1 With the inclusion of himself, assist Mr Skhosana by identifying the persons and
institutions involved in the authorisation process and explain their roles. (15) ................... 2
1.2 Mr Skhosana is aware that a public participation process will be required in the
process, kindly explain to him what such a process entails, and with reference to recent
case law, what factors Mr Skhosana needs to consider. (25) ............................................ 4
QUESTION 2 ........................................................................................................................ 6
Read the provision below and answer the questions that follow. ........................................... 6
Section 24 of South Africa’s Constitution provides as follows: ............................................... 6
Everyone has the right – ....................................................................................................... 6
(a) To an environment that is not harmful to their health and well-being; and ........................ 6
(b) To have the environment protected, for the benefit of present and future generations,
through reasonable legislative measures that – .................................................................... 6
(i) prevent pollution and ecological degradation; ................................................................... 6
(ii) promote conservation; and ............................................................................................... 6
(iii) secure ecologically sustainable development and use of natural resources while
promoting justifiable economic and social development. ....................................................... 6
2.1 It has been submitted that section 24 of South Africa9s Constitution subscribes to
anthropocentrism. Do you consider this submission true or false? Motivate your answer. . 7
2.2 In terms of article 71 of Ecuadors Constitution, <[n]ature, or Pacha Mama, where life is
reproduced and occurs, has the right to integral respect for its existence and the
maintenance and regeneration of its life cycles, structure, functions and evolutionary
processes. All persons, communities, peoples and nations can call upon public authorities
to enforce the rights of nature. What ethic does rights of nature’ subscribe to? Motivate
your answer. (12) .............................................................................................................. 8
, LCP4805 Environmental Law Oct/Nov 2022 Solutions
QUESTION 3 ........................................................................................................................ 8
3.1 Explain the significance of section 39 and 233 of the Constitution on South African
environmental law. (20) ..................................................................................................... 8
3.2 What are the primary purposes of an environmental impact assessment? (10) ......... 10
3.3. Section 2(4)(k) of the NEMA deals with access to environmental information. Is it
important to have such access? Motivate your answer. (10) ........................................... 11
QUESTION 1
Mr Skhosana wishes to build a petrol station near a wetland in a provincial
road in the Northern Cape. Mr Skhosana has been informed that, from a South
African environmental legal perspective, such development will require that he
obtain an environmental authorisation.
1.1 With the inclusion of himself, assist Mr Skhosana by identifying the
persons and institutions involved in the authorisation process and explain
their roles. (15)
When it comes to building any development near a sensitive area, such as a
wetland, it is essential to follow the necessary environmental laws and regulations to
protect the environment. Mr Skhosana, who wants to build a petrol station near a
wetland in a provincial road in the Northern Cape, has been informed that he must
obtain an environmental authorisation before proceeding with his plans. In South
Africa, the process of obtaining an environmental authorisation involves various
parties and institutions, each with a specific role to play. In this answer, we will
identify the individuals and institutions involved in the authorisation process and
explain their roles, in order to assist Mr Skhosana in his endeavor.
