Assignment 1 Semester 2 2026
Unique number:
Due date: 24 August 2026
2 DIFFERENT ANSWERS PROVIDED
The Legal Effect of Excluding Public Participation from an Environmental
Authorisation Process
1. Introduction
Green Horizon Developments proposes activities that may significantly affect a wetland,
including a shopping centre, fuel station, access roads, parking areas and a waste disposal
site. These activities may require environmental authorisation under section 24 of the
National Environmental Management Act 107 of 1998, commonly referred to as NEMA. An
environmental assessment must identify the possible ecological, social and economic
effects before the competent authority makes its decision. NEMA also requires evidence of
adequate public participation as part of integrated environmental management (LEG2601,
Study Guide, page 59).
Ms Dube’s failure to include the objections of interested and affected parties means that the
, 2 DIFFERENT ANSWERS PROVIDED
The Legal Effect of Excluding Public Participation from an Environmental
Authorisation Process
1. Introduction
Green Horizon Developments proposes activities that may significantly affect a
wetland, including a shopping centre, fuel station, access roads, parking areas and a
waste disposal site. These activities may require environmental authorisation under
section 24 of the National Environmental Management Act 107 of 1998, commonly
referred to as NEMA. An environmental assessment must identify the possible
ecological, social and economic effects before the competent authority makes its
decision. NEMA also requires evidence of adequate public participation as part of
integrated environmental management (LEG2601, Study Guide, page 59).
Ms Dube’s failure to include the objections of interested and affected parties means
that the competent authority received an incomplete report. The environmental
authorisation is therefore open to challenge through an internal appeal and judicial
review.
2. Legal requirements for public participation
2.1 Environmental assessment legislation
Section 24 of NEMA requires environmental authorisation before identified activities
may begin. Section 23 requires the assessment process to consider actual and
potential environmental effects, risks, alternatives, mitigation measures and evidence
of adequate public participation (LEG2601, Study Guide, page 59).
The Environmental Impact Assessment Regulations 2014, published under NEMA in
GN R982, regulate the application and public participation process. Regulation 41
requires notice to interested and affected parties, including adjoining owners,
occupiers, the ward councillor, the municipality and relevant organs of state. The
public must receive relevant information and a reasonable opportunity to comment
on the application (LEG2601, Study Guide, page 72).