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LEG2601 Assignment 1 (COMPLETE ANSWERS) Semester 2 2026 - DUE 24 August 2026

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Green Horizon Developments (Pty) Ltd plans to build a large shopping centre and fuel station near a wetland area outside Polokwane in Limpopo Province. The proposed development will include parking areas, new access roads and a waste disposal site. The company appoints Ms Dube as the environmental assessment practitioner (EAP) to manage the application process. Local community members complain that the development may pollute the wetland and destroy natural habitats. Ms Dube prepares reports for the development but fails to include objections raised by interested and affected parties. After receiving the reports, the competent authority grants the application for environmental authorisation. Green Horizon Developments (Pty) Ltd intends to construct a shopping centre, fuel station, parking areas, access roads and a waste disposal site near a wetland. Discuss whether these proposed activities are likely to require environmental authorisation and explain the purpose of conducting an environmental impact assessment before construction begins. After environmental authorisation was granted, community members remained dissatisfied with the decision. Explain the administrative and judicial remedies available to interested and affected parties who wish to challenge an environmental authorisation, including internal appeal, requests for reasons and judicial review. Green Horizon Developments (Pty) Ltd plans to build a large shopping centre and fuel station near a wetland area outside Polokwane in Limpopo Province. The proposed development will include parking areas, new access roads and a waste disposal site. The company appoints Ms Dube as the environmental assessment practitioner (EAP) to manage the application process. Local community members complain that the development may pollute the wetland and destroy natural habitats. Ms Dube prepares reports for the development but fails to include objections raised by interested and affected parties. After receiving the reports, the competent authority grants the application for environmental authorisation. The competent authority granted environmental authorisation after receiving the reports prepared by Ms Dube. Critically discuss the factors that the competent authority should consider before approving a development that may affect a wetland, including environmental, social, economic and cumulative impacts. Ms Dube failed to include objections raised by interested and affected parties. This is contrary to the principle of just administrative action. Examine the effect that the lack of public participation has on the application submitted to the competent authority. What steps can the local community members, as aggrieved parties, take to challenge the decision. Local community members are concerned that the development may pollute the wetland and destroy natural habitats. Discuss how the principles of sustainable development, pollution prevention and protection of biodiversity should guide the competent authority when deciding whether to grant environmental authorisation. Ms Dube was appointed as the environmental assessment practitioner responsible for preparing the environmental reports and managing the application process. Examine the legal duties of an environmental assessment practitioner and discuss the importance of independence, objectivity and full disclosure during an environmental authorisation application. Green Horizon Developments (Pty) Ltd plans to build a large shopping centre and fuel station near a wetland area outside Polokwane in Limpopo Province. The proposed development will include parking areas, new access roads and a waste disposal site. The company appoints Ms Dube as the environmental assessment practitioner (EAP) to manage the application process. Local community members complain that the development may pollute the wetland and destroy natural habitats. Ms Dube prepares reports for the development but fails to include objections raised by interested and affected parties. After receiving the reports, the competent authority grants the application for environmental authorisation. Green Horizon Developments (Pty) Ltd intends to construct a shopping centre, fuel station, parking areas, access roads and a waste disposal site near a wetland. Discuss whether these proposed activities are likely to require environmental authorisation and explain the purpose of conducting an environmental impact assessment before construction begins. After environmental authorisation was granted, community members remained dissatisfied with the decision. Explain the administrative and judicial remedies available to interested and affected parties who wish to challenge an environmental authorisation, including internal appeal, requests for reasons and judicial review. Green Horizon Developments (Pty) Ltd plans to build a large shopping centre and fuel station near a wetland area outside Polokwane in Limpopo Province. The proposed development will include parking areas, new access roads and a waste disposal site. The company appoints Ms Dube as the environmental assessment practitioner (EAP) to manage the application process. Local community members complain that the development may pollute the wetland and destroy natural habitats. Ms Dube prepares reports for the development but fails to include objections raised by interested and affected parties. After receiving the reports, the competent authority grants the application for environmental authorisation. The competent authority granted environmental authorisation after receiving the reports prepared by Ms Dube. Critically discuss the factors that the competent authority should consider before approving a development that may affect a wetland, including environmental, social, economic and cumulative impacts. Ms Dube failed to include objections raised by interested and affected parties. This is contrary to the principle of just administrative action. Examine the effect that the lack of public participation has on the application submitted to the competent authority. What steps can the local community members, as aggrieved parties, take to challenge the decision. Local community members are concerned that the development may pollute the wetland and destroy natural habitats. Discuss how the principles of sustainable development, pollution prevention and protection of biodiversity should guide the competent authority when deciding whether to grant environmental authorisation. Ms Dube was appointed as the environmental assessment practitioner responsible for preparing the environmental reports and managing the application process. Examine the legal duties of an environmental assessment practitioner and discuss the importance of independence, objectivity and full disclosure during an environmental authorisation application.

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LEG2601 Assignment 1
(COMPLETE ANSWERS)
Semester 2 2026 - DUE 24
August 2026




FOR ASSISTANCE CONTACT
EMAIL:

,Legal Mandate for Environmental Authorisation and Purpose of an EIA

Requirement for Environmental Authorisation (EA)

Under Section 24 of the National Environmental Management Act 107 of 1998 (NEMA), activities that
significantly impact the environment are prohibited without an Environmental Authorisation. The
proposed components by Green Horizon Developments (Pty) Ltd trigger multiple thresholds across the
NEMA Environmental Impact Assessment (EIA) Regulations Listing Notices:

 Fuel Station & Bulk Chemical Storage: Triggers Listing Notice 1 (Basic Assessment) or Listing
Notice 2 (Scoping and EIA) based on total storage capacity thresholds for dangerous goods.

 Waste Disposal Site: Triggers Listing Notice 2 (Activity 15) or specialized schedules under the
National Environmental Management: Waste Act 59 of 2008 for the establishment of waste
facilities.

 Access Roads and Parking Infrastructure: Triggers Listing Notice 1 or Listing Notice 3 based on
road width and geographical location.

 Proximity to a Wetland: Listing Notice 1 (Activity 12/19) and Listing Notice 3 explicitly mandate
authorization for transforming or shifting earth within 32 meters of a watercourse or wetland
boundary, or inside critical biodiversity areas in Limpopo.

Purpose of Conducting an EIA

The primary objective of an EIA is to operationalize integrated environmental management by ensuring
impacts are anticipated and mitigated before infrastructure commitments occur.

[Screening & Scoping] ➔ [Impact Assessment & Public Participation] ➔ [Drafting EMPr] ➔ [Competent
Authority Decision]

 Proactive Mitigation: Identifies potential ecosystem degradation early, applying the mitigation
hierarchy: avoid, minimize, remedy, or offset.

 Informed Decision-Making: Equips the Competent Authority with objective, scientific data
regarding environmental trade-offs.

 Environmental Management Programme (EMPr): Translates predicted impacts into legally
binding operational conditions for construction and management.



Sustainable Development, Pollution Prevention, and Biodiversity Protection

Section 2 of NEMA establishes the National Environmental Management Principles. These serve as the
binding framework for all administrative decisions executed by the Competent Authority:

NEMA Principle Statutory Focus Application to Wetland Development

, Integration of social, The economic benefits of a shopping centre cannot
Sustainable
economic, and be prioritized at the complete expense of ecological
Development (Sec
environmental factors into infrastructure. Development must meet current
2(4)(a))
planning. needs without compromising future water security.

Pollution Prevention The "Polluter Pays" Mandates strict storm-water management structures
& Degradation (Sec principle and preventative and fuel tank liners to prevent hydrocarbon seepage
2(4)(p)) design over remediation. into the subterranean water table.

Protection of Safeguarding sensitive Requires preserving the wetland's natural flora and
Biodiversity (Sec ecosystems from fauna. If the habitat cannot be protected, the
2(4)(a)(i)) irreversible disturbance. application should be denied.



Duties, Independence, and Disclosure Obligations of the EAP

An Environmental Assessment Practitioner (EAP) occupies a statutory position governed by Regulation
13 of the NEMA EIA Regulations. The legal architecture demands absolute independence from the
applicant:

 Independence and Objectivity: Regulation 13(1)(a) requires EAPs to be independent of the
applicant and have no business or financial interest in the approval of the development beyond
fair remuneration for work performed.

 Duty of Full Disclosure: EAPs must disclose all material information in their possession to both
the interested and affected parties (I&APs) and the Competent Authority. This includes
unfavorable scientific findings or community pushback.

 Consequences of Non-Compliance: Disregarding these duties, such as intentionally omitting
public objections, constitutes a criminal offense under Regulation 48 of the EIA Regulations. It
may result in the suspension of the application, disqualification of the EAP, or a fine and
imprisonment.



Public Participation Defects and Administrative Validity

Effect of Omitting Public Participation on the Application

Section 33 of the Constitution guarantees everyone the right to administrative action that is lawful,
reasonable, and procedurally fair. Public participation is a mandatory condition precedent for a valid
Environmental Authorisation under Section 24(4)(a)(v) of NEMA.

By failing to incorporate the local community's objections regarding wetland pollution and habitat
destruction, Ms. Dube compromised the integrity of the report. The Competent Authority issued a
decision based on incomplete and legally flawed information. Consequently, the granted Environmental
Authorisation is procedurally unfair and stands as an unlawful administrative action that can be set
aside.

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Subido en
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