LCP4805 Assignment - Due 10 September 2024 (Detailed solution)

Question 1 Section 24o of the National Environmental Management Act, 107 of 1998 (NEMA) lists the criteria to be considered by the competent authority when considering an application for an environmental authorisation. In your opinion, does this include the impacts of climate change? Motivate your answer in full by referring to NEMA and relevant case law. (20) Question 2 As part of the public participation process, the environmental impact practitioner (EAP) must, in terms of the environmental impact assessment (EIA) regulations, give written notice to six categories of persons concerning the proposed development. Identify and briefly explain each category of persons referred to. (10) Question 3 In Sustaining the Wild Coast NPC and Others v Minister of Mineral Resources and Energy and Others (3491/2021) [2021] ZAECGHC 118; [2022] 1 All SA 796 (ECG); 2022 (2) SA 585 (ECG) (28 December 2021) the litigants relied on, inter alia, their Indigenous rights and knowledge to oppose Shell’s employing of a 3D seismic survey in the country’s south-eastern coastal waters. In this context, answer the following question. Did Shell petroleum fulfil the requirements of the public participation/consultation process? Motivate your answer in full by referring to: • applicable environmental legislation generally and specifically within the EIA process and • specific paragraphs in the judgment. (20