lOMoAR cPSD| 48047628
, lOMoAR cPSD| 48047628
UNIVERSITY EXAMINATIONS
May/June 2024
LEG2601
Legal Aspects of Environmental Management
100 Marks
Duration: 4 Hours
First examiner: Ms Allyson Petersen
Second examiner: Mr S Ntola
THIS PAPER CONSISTS OF 9 (NINE) PAGES
Honesty Declaration:
In writing and submitting this paper you affirm that:
1. You understand what academic dishonesty entails and are aware of UNISA’s
policies in this regard.
2. You have not allowed, and will not allow anyone to copy your work with the
intention of passing it off as his or her own work.
3. You did not make use of another student’s work with or without permission
and submitted it as your own.
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
, lOMoAR cPSD| 48047628
QUESTION 1
1.1. Section 49A of the National Environmental Management Act sets out offences relating
to Environmental Management Inspectors (EMIs). List two of these offences and
explain the penalty if convicted. (6 marks)
1.2. Government institutions play an important part in environmental governance. Select
three public institutions and discuss how each of them form part of environmental
governance in South Africa. (9 marks)
1.3. What are the objectives outlined in the Draft Climate Change Bill of 2018 and their
significance in addressing climate change challenges in South Africa?
(10 marks)
[25]
QUESTION 2
2.1 Using examples, write an essay in which you explain how international environmental
treaties affect South Africa's laws and policies regarding the environment and
sustainable development. (10 marks)
2.2 Using examples, define and summarise the main aspects of environmental governance.
(15 marks)
[25]
QUESTION 3
Property Inc. wish to acquire a permit to construct a tourist development.
, lOMoAR cPSD| 48047628
3.1 What type of assessment should the Environmental Assessment Practitioner (EAP)
conduct to secure Property Inc’s environmental authorisation under
Listing Notice 2 (GNR984)? (2 marks)
3.2 Describe, in brief, the application process required to obtain an environmental
authorisation under Listing notice 2 (GNR984). (16 marks)
3.3 The Northern Cape Department of Environment and Nature Conservation decided
against granting the authorisation for building the tourist development. What
remedies are available to Property Inc. as an aggrieved party?
(10 marks)
3.4 Property Inc. decide to start their development without the requisite environmental
authorisation. What is the penalty Property Inc. face for commencing (starting) a listed
activity without an authorisation. (2 marks) [30]
QUESTION 4
Compare the differences between the right to access courts (Locus Standi) as outlined in
section 38 of the Constitution and section 32 of the National Environmental Management Act.
In your response, explore the importance of broadening legal standing in environmental
issues. (20 marks)
[20]
TOTAL: {100}
, lOMoAR cPSD| 48047628
UNIVERSITY EXAMINATIONS
May/June 2024
LEG2601
Legal Aspects of Environmental Management
100 Marks
Duration: 4 Hours
First examiner: Ms Allyson Petersen
Second examiner: Mr S Ntola
THIS PAPER CONSISTS OF 9 (NINE) PAGES
Honesty Declaration:
In writing and submitting this paper you affirm that:
1. You understand what academic dishonesty entails and are aware of UNISA’s
policies in this regard.
2. You have not allowed, and will not allow anyone to copy your work with the
intention of passing it off as his or her own work.
3. You did not make use of another student’s work with or without permission
and submitted it as your own.
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
, lOMoAR cPSD| 48047628
QUESTION 1
1.1. Section 49A of the National Environmental Management Act sets out offences relating
to Environmental Management Inspectors (EMIs). List two of these offences and
explain the penalty if convicted. (6 marks)
1.2. Government institutions play an important part in environmental governance. Select
three public institutions and discuss how each of them form part of environmental
governance in South Africa. (9 marks)
1.3. What are the objectives outlined in the Draft Climate Change Bill of 2018 and their
significance in addressing climate change challenges in South Africa?
(10 marks)
[25]
QUESTION 2
2.1 Using examples, write an essay in which you explain how international environmental
treaties affect South Africa's laws and policies regarding the environment and
sustainable development. (10 marks)
2.2 Using examples, define and summarise the main aspects of environmental governance.
(15 marks)
[25]
QUESTION 3
Property Inc. wish to acquire a permit to construct a tourist development.
, lOMoAR cPSD| 48047628
3.1 What type of assessment should the Environmental Assessment Practitioner (EAP)
conduct to secure Property Inc’s environmental authorisation under
Listing Notice 2 (GNR984)? (2 marks)
3.2 Describe, in brief, the application process required to obtain an environmental
authorisation under Listing notice 2 (GNR984). (16 marks)
3.3 The Northern Cape Department of Environment and Nature Conservation decided
against granting the authorisation for building the tourist development. What
remedies are available to Property Inc. as an aggrieved party?
(10 marks)
3.4 Property Inc. decide to start their development without the requisite environmental
authorisation. What is the penalty Property Inc. face for commencing (starting) a listed
activity without an authorisation. (2 marks) [30]
QUESTION 4
Compare the differences between the right to access courts (Locus Standi) as outlined in
section 38 of the Constitution and section 32 of the National Environmental Management Act.
In your response, explore the importance of broadening legal standing in environmental
issues. (20 marks)
[20]
TOTAL: {100}
