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LCP4805 Assignment 1 Semester 2 2024 - DUE 10 September 2024

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QUESTIONS AND ANSWERS LCP4805 Assignment 1 Semester 2 2024 - DUE 10 September 2024

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LCP4805 Assignment 1
Semester 2 2024 - DUE
10 September 2024
QUESTIONS WITH COMPLETE ANSWERS

, LCP4805 Assignment 1 Semester 2 2024 - DUE 10 September 2024



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)

Section 24O of the National Environmental Management Act, 107 of 1998
(NEMA) outlines the criteria the competent authority must consider when
evaluating applications for environmental authorizations. The question is whether
this section implicitly or explicitly includes the consideration of climate change
impacts. To answer this, we need to examine the language of Section 24O, relevant
provisions of NEMA, and pertinent case law.

Analysis of Section 24O NEMA

Section 24O(1) of NEMA states that the competent authority must consider all
relevant factors, including but not limited to:

• (a) Any pollution, environmental impacts, or environmental degradation
likely to be caused if the application is approved or refused.

• (b) Measures to protect the environment from significant pollution or
degradation.

• (c) The need and desirability of the proposed activity.

• (d) The applicant’s ability to implement mitigation measures to deal with
environmental impacts.

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