, 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
(NEMA) outlines the criteria that a competent authority must
consider when deciding on an application for environmental
authorization. To determine whether the impacts of climate
change are included in these criteria, we need to examine the
specific provisions of Section 24O, relevant case law, and
interpretative principles from NEMA.
Analysis of Section 24O of NEMA
Section 24O(1) of NEMA lists the criteria that the competent
authority must consider when evaluating an application for
environmental authorization. These include:
1. The environmental impact of the proposed activity: This
encompasses the potential effects on the environment, which
can be understood to include impacts related to climate
change.
2. The manner in which the applicant plans to mitigate
adverse impacts: This requires the applicant to propose
measures to address any negative effects, which should
logically include addressing climate-related risks and
impacts.
3. The socio-economic impacts of the proposed activity: This
criterion also indirectly relates to climate change, as it affects
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
(NEMA) outlines the criteria that a competent authority must
consider when deciding on an application for environmental
authorization. To determine whether the impacts of climate
change are included in these criteria, we need to examine the
specific provisions of Section 24O, relevant case law, and
interpretative principles from NEMA.
Analysis of Section 24O of NEMA
Section 24O(1) of NEMA lists the criteria that the competent
authority must consider when evaluating an application for
environmental authorization. These include:
1. The environmental impact of the proposed activity: This
encompasses the potential effects on the environment, which
can be understood to include impacts related to climate
change.
2. The manner in which the applicant plans to mitigate
adverse impacts: This requires the applicant to propose
measures to address any negative effects, which should
logically include addressing climate-related risks and
impacts.
3. The socio-economic impacts of the proposed activity: This
criterion also indirectly relates to climate change, as it affects
