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LCP4805 Assignment 1 (COMPLETE
ANSWERS) Semester 1 2026 (281570) -
DUE 20 March 2026
NO PLAGIARISM
[Pick the date]
[Type the abstract of the document here. The abstract is typically a short summary of the contents of
the document. Type the abstract of the document here. The abstract is typically a short summary of
the contents of the document.]
,Exam (elaborations)
LCP4805 Assignment 1 (COMPLETE
ANSWERS) Semester 1 2026 (281570) - DUE
20 March 2026 Save 15 minutes reading time
LCP4805 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026 - DUE 20
March 2026; 100% TRUSTED Complete, trusted solutions and explanations.
Institution
University Of South Africa (Unisa)
Course
Environmental Law (LCP4805)
QUESTION 1 Section 2(1) of the National Environmental Management Act
107 of 1998 (NEMA) states that the principles set out in the particular section
apply to the actions of all organs of state that may significantly affect the
environment 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)
Yes, in my opinion the impacts of climate change must be considered by the competent
authority when evaluating an application for environmental authorisation under National
Environmental Management Act 107 of 1998 (NEMA), even though climate change is not
expressly mentioned in section 24O. This conclusion follows from the broad wording of the
Act, the environmental management principles in section 2, and South African case law.
Firstly, section 2 of NEMA establishes environmental management principles that apply to all
organs of state whose decisions may significantly affect the environment. These principles
include sustainable development, the precautionary principle, and the duty to avoid,
minimise or remedy environmental harm. These principles guide the interpretation and
implementation of NEMA and must be applied when authorities make decisions regarding
environmental authorisations.
Secondly, section 24O(1) requires the competent authority to consider all relevant factors when
deciding whether to grant environmental authorisation. These factors include any pollution,
environmental impacts, or environmental degradation likely to be caused by the proposed
activity, as well as measures to prevent or mitigate such impacts. Since climate change results
from greenhouse gas emissions and causes significant environmental harm, it logically falls
within the category of environmental impacts that must be considered.
, South African courts have confirmed this interpretation in the landmark case of Earthlife Africa
Johannesburg v Minister of Environmental Affairs (2017). In this case, the High Court held that
climate change impacts are a relevant factor that authorities must consider when assessing an
environmental authorisation for a coal-fired power station. The court found that failing to
adequately assess climate change impacts could render the decision irrational and reviewable
under administrative law.
The court emphasised that considering pollution and environmental degradation under section
24O necessarily includes assessing greenhouse gas emissions and their contribution to climate
change.
In conclusion, although NEMA does not explicitly mention climate change, the broad
wording of section 24O, the binding environmental principles in section 2, and the
interpretation provided by the courts clearly indicate that climate change impacts must be
considered when evaluating environmental authorisation applications. Ignoring such impacts
would undermine the purpose of NEMA, which is to promote sustainable development and
protect the environment for present and future generations.
To address whether Section 24O and the broader principles of the National Environmental
Management Act 107 of 1998 (NEMA) include the impacts of climate change, we must look at
the integration of environmental management principles, the specific mandates of the competent
authority, and how South African courts have interpreted these obligations.
1. Statutory Framework: NEMA Section 2 and 24O
In my opinion, the impacts of climate change are legally required to be considered during an
application for environmental authorisation.
Section 2 Principles: Section 2(1) mandates that these principles guide any organ of
state. Specifically, Section 2(4)(a)(vii) requires that a "risk-averse and cautious approach
is applied," which necessitates accounting for the long-term, unpredictable risks
associated with climate change (the Precautionary Principle). Furthermore, Section 2(4)
(i) requires the social, economic, and environmental impacts of activities to be considered
—climate change sits at the intersection of all three.
Section 24O(1)(b): This section requires the competent authority to take into account "all
relevant factors." Given that climate change is a global environmental crisis with
localized impacts (such as water scarcity or extreme weather in South Africa), it
LCP4805 Assignment 1 (COMPLETE
ANSWERS) Semester 1 2026 (281570) -
DUE 20 March 2026
NO PLAGIARISM
[Pick the date]
[Type the abstract of the document here. The abstract is typically a short summary of the contents of
the document. Type the abstract of the document here. The abstract is typically a short summary of
the contents of the document.]
,Exam (elaborations)
LCP4805 Assignment 1 (COMPLETE
ANSWERS) Semester 1 2026 (281570) - DUE
20 March 2026 Save 15 minutes reading time
LCP4805 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026 - DUE 20
March 2026; 100% TRUSTED Complete, trusted solutions and explanations.
Institution
University Of South Africa (Unisa)
Course
Environmental Law (LCP4805)
QUESTION 1 Section 2(1) of the National Environmental Management Act
107 of 1998 (NEMA) states that the principles set out in the particular section
apply to the actions of all organs of state that may significantly affect the
environment 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)
Yes, in my opinion the impacts of climate change must be considered by the competent
authority when evaluating an application for environmental authorisation under National
Environmental Management Act 107 of 1998 (NEMA), even though climate change is not
expressly mentioned in section 24O. This conclusion follows from the broad wording of the
Act, the environmental management principles in section 2, and South African case law.
Firstly, section 2 of NEMA establishes environmental management principles that apply to all
organs of state whose decisions may significantly affect the environment. These principles
include sustainable development, the precautionary principle, and the duty to avoid,
minimise or remedy environmental harm. These principles guide the interpretation and
implementation of NEMA and must be applied when authorities make decisions regarding
environmental authorisations.
Secondly, section 24O(1) requires the competent authority to consider all relevant factors when
deciding whether to grant environmental authorisation. These factors include any pollution,
environmental impacts, or environmental degradation likely to be caused by the proposed
activity, as well as measures to prevent or mitigate such impacts. Since climate change results
from greenhouse gas emissions and causes significant environmental harm, it logically falls
within the category of environmental impacts that must be considered.
, South African courts have confirmed this interpretation in the landmark case of Earthlife Africa
Johannesburg v Minister of Environmental Affairs (2017). In this case, the High Court held that
climate change impacts are a relevant factor that authorities must consider when assessing an
environmental authorisation for a coal-fired power station. The court found that failing to
adequately assess climate change impacts could render the decision irrational and reviewable
under administrative law.
The court emphasised that considering pollution and environmental degradation under section
24O necessarily includes assessing greenhouse gas emissions and their contribution to climate
change.
In conclusion, although NEMA does not explicitly mention climate change, the broad
wording of section 24O, the binding environmental principles in section 2, and the
interpretation provided by the courts clearly indicate that climate change impacts must be
considered when evaluating environmental authorisation applications. Ignoring such impacts
would undermine the purpose of NEMA, which is to promote sustainable development and
protect the environment for present and future generations.
To address whether Section 24O and the broader principles of the National Environmental
Management Act 107 of 1998 (NEMA) include the impacts of climate change, we must look at
the integration of environmental management principles, the specific mandates of the competent
authority, and how South African courts have interpreted these obligations.
1. Statutory Framework: NEMA Section 2 and 24O
In my opinion, the impacts of climate change are legally required to be considered during an
application for environmental authorisation.
Section 2 Principles: Section 2(1) mandates that these principles guide any organ of
state. Specifically, Section 2(4)(a)(vii) requires that a "risk-averse and cautious approach
is applied," which necessitates accounting for the long-term, unpredictable risks
associated with climate change (the Precautionary Principle). Furthermore, Section 2(4)
(i) requires the social, economic, and environmental impacts of activities to be considered
—climate change sits at the intersection of all three.
Section 24O(1)(b): This section requires the competent authority to take into account "all
relevant factors." Given that climate change is a global environmental crisis with
localized impacts (such as water scarcity or extreme weather in South Africa), it
