LCP4805 PORTFOLIO MEMO/GUIDELINE - SEMESTER 2 - 2022 - OCT./NOV. - UNISA ( DETAILED MEMO)

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) 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) [40] QUESTION 2 Read the provision below and answer the questions that follow. Section 24 of South Africa’s Constitution provides as follows: ‘Everyone has the right – (a) To an environment that is not harmful to their health and well-being; and (b) To have the environment protected, for the benefit of present and future generations, through reasonable legislative measures that – (i) (ii) (iii) prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.’ 2.1 It has been submitted that section 24 of South Africa’s Constitution subscribes to anthropocentrism. Do you consider this submission true or false? Motivate your answer. (8) 2.2 In terms of article 71 of Ecuador’s 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) [20] QUESTION 3 3.1 Explain the significance of section 39 and 233 of the Constitution on South African environmental law. (20) 3.2 What are the primary purposes of an environmental impact assessment? (10) 3.3. Section2(4)(k)oftheNEMAdealswithaccesstoenvironmentalinformation.Is it important to have such access? Motivate your answer. (10) [40] {100}