, LEG2601 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2026 - DUE 24 August 2026; 100% Correct
solutions and explanations.
The effect of the lack of public participation on the
environmental authorisation application and steps available
to challenge the decision
Introduction
Green Horizon Developments (Pty) Ltd intends to construct a large
shopping centre, fuel station, parking areas, access roads and a waste
disposal site near a wetland outside Polokwane in Limpopo Province.
The proposed development has the potential to significantly affect the
surrounding environment because wetlands are sensitive ecological
systems that provide important environmental functions, including
maintaining biodiversity, regulating water flow and protecting water
resources.
Environmental decision-making in South Africa is regulated by the
constitutional right to an environment that is not harmful to health or
well-being and the obligation to promote sustainable development
(Constitution of the Republic of South Africa, 1996, s 24). The
National Environmental Management Act 107 of 1998 (NEMA) requires
environmental decisions to be based on principles of transparency,
accountability, public participation and the consideration of the interests
of affected communities (National Environmental Management Act
107 of 1998, s 2).
Ms Dube, as the appointed Environmental Assessment Practitioner
(EAP), was responsible for managing the environmental assessment
process and preparing reports for submission to the competent authority.
However, she failed to include objections raised by interested and
affected parties (IAPs). The competent authority subsequently granted
environmental authorisation based on these incomplete reports.
Semester 2 2026 - DUE 24 August 2026; 100% Correct
solutions and explanations.
The effect of the lack of public participation on the
environmental authorisation application and steps available
to challenge the decision
Introduction
Green Horizon Developments (Pty) Ltd intends to construct a large
shopping centre, fuel station, parking areas, access roads and a waste
disposal site near a wetland outside Polokwane in Limpopo Province.
The proposed development has the potential to significantly affect the
surrounding environment because wetlands are sensitive ecological
systems that provide important environmental functions, including
maintaining biodiversity, regulating water flow and protecting water
resources.
Environmental decision-making in South Africa is regulated by the
constitutional right to an environment that is not harmful to health or
well-being and the obligation to promote sustainable development
(Constitution of the Republic of South Africa, 1996, s 24). The
National Environmental Management Act 107 of 1998 (NEMA) requires
environmental decisions to be based on principles of transparency,
accountability, public participation and the consideration of the interests
of affected communities (National Environmental Management Act
107 of 1998, s 2).
Ms Dube, as the appointed Environmental Assessment Practitioner
(EAP), was responsible for managing the environmental assessment
process and preparing reports for submission to the competent authority.
However, she failed to include objections raised by interested and
affected parties (IAPs). The competent authority subsequently granted
environmental authorisation based on these incomplete reports.
