lOMoAR cPSD| 18998289
, lOMoAR cPSD| 18998289
UNIVERSITY EXAMINATIONS
OCTOBER/NOVEMBER 2023
LCP4805
Environmental Law
100 Marks
Duration: 4 Hours
First Examiner: Mr SY Ntola
Second Examiner: Miss A Petersen
External Examiner: Dr Y Meyer
This paper, including instructions, consists of 11 pages.
, lOMoAR cPSD| 18998289
QUESTION 1
Indicate how the purpose of the National Environmental Management Act 107 of 1998 (NEMA)
makes provision for cooperative environmental governance and briefly provide three
examples where cooperation between the spheres of government is provided. (16)
[16]
QUESTION 2
2.1 Mr Skhosana wishes to build a petrol station near a wetland in a provincial road in the
Northern Cape. Mr Skhosana has been informed that, from a South African
environmental legal perspective, such development will require an environmental
authorisation. With the inclusion of himself, assist Mr Skhosana by identifying the
persons and institutions involved in the authorisation process and explain their roles.
(15)
2.2 As part of the public participation process, the environmental impact practitioner (EAP)
must, in terms of the environmental impact assessment (EIA) regulations, give written
notice to six categories of persons concerning the proposed development. Identify and
briefly explain each category of persons referred to.
(12)
2.3 In the case between Sustaining the Wild Coast NPC and Others v Minister of
Mineral Resources and Energy and Others, what was indicated as relevant for an EAP’s
communication to interested and affected parties by the Eastern Cape
Division of the High Court? (3)
[30]
, lOMoAR cPSD| 18998289
QUESTION 3
Mr Skhosana has been casually informed that the petrol station he wishes to build near a
wetland will require that he undertake an EIA process. Mr Skhosana has also been informed
that should an environmental authorisation be granted, the animal rights group, Frog-Nation
NPC, intends to challenge the authorisation in court because of the development’s potential
harm to the Jacaranda Frog, a rare frog species found only in Gauteng Province, South Africa.
Kindly advise Mr Skhosana on the following:
3.1 The purposes of an EIA process. (10)
3.2 When an EIA must be carried out. (10)
3.3 Whether Frog-Nation NPC has locus standi in terms of the Constitution and the
NEMA. Your answer must indicate what is meant by locus standi and how the concept
is in South Africa’s legislative framework. (25)
[45]
QUESTION 4
Mr Skhosana has also been informed that an environmental authorisation, if granted, can also
be suspended and that administrative penalties may be imposed. Kindly inform Mr Skhosana
of the following:
4.1 The circumstances under which an environmental authorisation can be suspended.
(3)
, lOMoAR cPSD| 18998289
UNIVERSITY EXAMINATIONS
OCTOBER/NOVEMBER 2023
LCP4805
Environmental Law
100 Marks
Duration: 4 Hours
First Examiner: Mr SY Ntola
Second Examiner: Miss A Petersen
External Examiner: Dr Y Meyer
This paper, including instructions, consists of 11 pages.
, lOMoAR cPSD| 18998289
QUESTION 1
Indicate how the purpose of the National Environmental Management Act 107 of 1998 (NEMA)
makes provision for cooperative environmental governance and briefly provide three
examples where cooperation between the spheres of government is provided. (16)
[16]
QUESTION 2
2.1 Mr Skhosana wishes to build a petrol station near a wetland in a provincial road in the
Northern Cape. Mr Skhosana has been informed that, from a South African
environmental legal perspective, such development will require an environmental
authorisation. With the inclusion of himself, assist Mr Skhosana by identifying the
persons and institutions involved in the authorisation process and explain their roles.
(15)
2.2 As part of the public participation process, the environmental impact practitioner (EAP)
must, in terms of the environmental impact assessment (EIA) regulations, give written
notice to six categories of persons concerning the proposed development. Identify and
briefly explain each category of persons referred to.
(12)
2.3 In the case between Sustaining the Wild Coast NPC and Others v Minister of
Mineral Resources and Energy and Others, what was indicated as relevant for an EAP’s
communication to interested and affected parties by the Eastern Cape
Division of the High Court? (3)
[30]
, lOMoAR cPSD| 18998289
QUESTION 3
Mr Skhosana has been casually informed that the petrol station he wishes to build near a
wetland will require that he undertake an EIA process. Mr Skhosana has also been informed
that should an environmental authorisation be granted, the animal rights group, Frog-Nation
NPC, intends to challenge the authorisation in court because of the development’s potential
harm to the Jacaranda Frog, a rare frog species found only in Gauteng Province, South Africa.
Kindly advise Mr Skhosana on the following:
3.1 The purposes of an EIA process. (10)
3.2 When an EIA must be carried out. (10)
3.3 Whether Frog-Nation NPC has locus standi in terms of the Constitution and the
NEMA. Your answer must indicate what is meant by locus standi and how the concept
is in South Africa’s legislative framework. (25)
[45]
QUESTION 4
Mr Skhosana has also been informed that an environmental authorisation, if granted, can also
be suspended and that administrative penalties may be imposed. Kindly inform Mr Skhosana
of the following:
4.1 The circumstances under which an environmental authorisation can be suspended.
(3)
