LEG2601
Assignment 1 Semester 2 2026
Due date: 24 August 2026
The Effect of Defective Public Participation on Environmental Authorisation and the Remedies
Available to Aggrieved Community Members
1. Introduction
Green Horizon Developments proposes activities that may seriously affect a wetland, biodiversity and
nearby communities. A shopping centre, fuel station, access roads, parking facilities and a waste
disposal site may constitute listed activities requiring environmental authorisation under section 24 of
the National Environmental Management Act 107 of 1998, read with the Environmental Impact
Assessment Regulations 2014. Environmental authorisation may only be granted after the
environmental consequences have been properly investigated and the prescribed public participation
process has been completed (LEG2601, Study Guide, pages 54–59).
The competent authority’s approval is administrative action because it involves the exercise of
statutory public power. Section 33 of the Constitution and the Promotion of Administrative Justice Act
3 of 2000 require such a decision to be lawful, reasonable and procedurally fair (LEG2601, Study
, The Effect of Defective Public Participation on Environmental Authorisation
and the Remedies Available to Aggrieved Community Members
1. Introduction
Green Horizon Developments proposes activities that may seriously affect a wetland,
biodiversity and nearby communities. A shopping centre, fuel station, access roads,
parking facilities and a waste disposal site may constitute listed activities requiring
environmental authorisation under section 24 of the National Environmental
Management Act 107 of 1998, read with the Environmental Impact Assessment
Regulations 2014. Environmental authorisation may only be granted after the
environmental consequences have been properly investigated and the prescribed
public participation process has been completed (LEG2601, Study Guide, pages 54–
59).
The competent authority’s approval is administrative action because it involves the
exercise of statutory public power. Section 33 of the Constitution and the Promotion
of Administrative Justice Act 3 of 2000 require such a decision to be lawful,
reasonable and procedurally fair (LEG2601, Study Guide, pages 104–110).
2. Legal Importance of Public Participation
2.1 Constitutional and Statutory Foundation
Section 24 of the Constitution gives everyone the right to an environment that is not
harmful to health or well-being and requires reasonable measures that prevent
pollution and ecological degradation, promote conservation and secure sustainable
development. Decisions affecting a sensitive wetland must therefore consider both
environmental protection and proposed economic development (LEG2601, Study
Guide, pages 31–36).
Public participation is also supported by section 2(4)(f) of NEMA, which requires that
the participation of interested and affected parties must be promoted and that people
must be given an opportunity to develop the understanding and capacity necessary
for meaningful participation. NEMA’s environmental assessment scheme
consequently includes public participation as a core requirement additional to the
Assignment 1 Semester 2 2026
Due date: 24 August 2026
The Effect of Defective Public Participation on Environmental Authorisation and the Remedies
Available to Aggrieved Community Members
1. Introduction
Green Horizon Developments proposes activities that may seriously affect a wetland, biodiversity and
nearby communities. A shopping centre, fuel station, access roads, parking facilities and a waste
disposal site may constitute listed activities requiring environmental authorisation under section 24 of
the National Environmental Management Act 107 of 1998, read with the Environmental Impact
Assessment Regulations 2014. Environmental authorisation may only be granted after the
environmental consequences have been properly investigated and the prescribed public participation
process has been completed (LEG2601, Study Guide, pages 54–59).
The competent authority’s approval is administrative action because it involves the exercise of
statutory public power. Section 33 of the Constitution and the Promotion of Administrative Justice Act
3 of 2000 require such a decision to be lawful, reasonable and procedurally fair (LEG2601, Study
, The Effect of Defective Public Participation on Environmental Authorisation
and the Remedies Available to Aggrieved Community Members
1. Introduction
Green Horizon Developments proposes activities that may seriously affect a wetland,
biodiversity and nearby communities. A shopping centre, fuel station, access roads,
parking facilities and a waste disposal site may constitute listed activities requiring
environmental authorisation under section 24 of the National Environmental
Management Act 107 of 1998, read with the Environmental Impact Assessment
Regulations 2014. Environmental authorisation may only be granted after the
environmental consequences have been properly investigated and the prescribed
public participation process has been completed (LEG2601, Study Guide, pages 54–
59).
The competent authority’s approval is administrative action because it involves the
exercise of statutory public power. Section 33 of the Constitution and the Promotion
of Administrative Justice Act 3 of 2000 require such a decision to be lawful,
reasonable and procedurally fair (LEG2601, Study Guide, pages 104–110).
2. Legal Importance of Public Participation
2.1 Constitutional and Statutory Foundation
Section 24 of the Constitution gives everyone the right to an environment that is not
harmful to health or well-being and requires reasonable measures that prevent
pollution and ecological degradation, promote conservation and secure sustainable
development. Decisions affecting a sensitive wetland must therefore consider both
environmental protection and proposed economic development (LEG2601, Study
Guide, pages 31–36).
Public participation is also supported by section 2(4)(f) of NEMA, which requires that
the participation of interested and affected parties must be promoted and that people
must be given an opportunity to develop the understanding and capacity necessary
for meaningful participation. NEMA’s environmental assessment scheme
consequently includes public participation as a core requirement additional to the
