LEG2601 Examination 31 OCTOBER 2023 QUALITY ANSWERS

LEG2601 EXAMINATION MEMO
31 OCTOBER 2023
QUALITY ANSWERS




QUESTION 1
1.1 According to section 24(b) of the Constitution, the South African
environmental right must given effect through “reasonable legislative and other
measures”. List four of the legislative instruments governing environmental
management.
● Environment Conservation Act 73 of 1989 (ECA)
● National Water Act 36 of 1998 (NWA)
● National Environmental Management: Protected Areas Act 57 of 2003 (NEM: PAA)
● National Environmental Management: Biodiversity Act 10 of 2004 (NEM: BA)
● National Environmental Management: Air Quality Act 39 of 2004 (NEM: AQA)


1.2 Examine three minimum requirements for environmental assessment as
outlined in the National Environmental Management Act
● the basic assessment reporting of activities that are listed in terms of the NEMA (i.e.
the activities that are listed in R983) (see learning unit 5)
● the scoping and EIA reporting of activities that are listed in terms of the NEMA (i.e. the
activities that are listed in R984) (see learning unit 5)
● the conducting of an environmental assessment for a development involving heritage
resources (see the relevant provisions of the National Heritage Resources Act 25 of
1999 (NHRA) in the discussion below)

, 1.3 Environmental Assessment Practitioners (EAPs) must meet criteria set out in
regulation 13 of the Environmental Impact Regulations. If, after considering the
matter, the competent authority has reason to believe that non-compliance with
Regulation 13 has occurred, what must the competent authority do?
In South Africa, Regulation 13 of the Environmental Impact Assessment Regulations
pertains to the registration and criteria for Environmental Assessment Practitioners
(EAPs). If the competent authority has reason to believe that non-compliance with
Regulation 13 has occurred, it must take appropriate actions. These actions typically
include:
The competent authority should conduct a thorough investigation to verify whether non-
compliance with Regulation 13 has indeed occurred. This investigation may involve
gathering evidence, conducting interviews, and reviewing documentation.


If non-compliance is confirmed, the competent authority is likely to issue a notice to the
Environmental Assessment Practitioner (EAP) in question. This notice may outline the
specific areas of non-compliance and request a response or corrective actions from the
EAP.
Depending on the severity of the non-compliance and the regulations violated, the
competent authority may take enforcement actions. This can include issuing penalties,
fines, or revoking the EAP's registration if necessary. Penalties can vary, and the
authority will typically follow the legal process for enforcement.
In some cases, the competent authority may work with the EAP to ensure corrective
measures are taken to rectify the non-compliance. This may involve requiring the EAP
to meet the criteria set out in Regulation 13 and ensuring that future assessments
comply with the regulations.
The specific actions taken will depend on the details of the non-compliance and the
discretion of the competent authority. It's important for the competent authority to ensure
that environmental assessments are conducted in compliance with regulations to
protect the environment and public interest.


1.4 Heritage resource- any place or object of cultural significance. This could include
an historic or cultural building, a piece of land where an Historic battle took place, an
area where special artefacts are to be (for example historic grave sites, caves where
there are San paintings, and so




QUESTION 2