PUB2606 PORTFILIO
(COMPLETE ANSWERS)
Semester 2 2025 - DUE 31
October 2025
For assistance contact
Email:
,1. Enforcement Methods for Executive Institutions
The existence of environmental laws does not guarantee compliance; thus, executive institutions
must employ various enforcement mechanisms.
Discussion and Application in the
Method Practical Example
Public Sector
These are actions taken by regulatory
Compliance Notices: The
agencies without involving the
Environmental Management
courts. They are usually faster and
Inspectors (EMIs), or "Green
less costly. The executive arm (e.g.,
Scorpions," issue a compliance
Administrative Department of Forestry, Fisheries
notice to a factory for exceeding
Enforcement and the Environment - DFFE) issues
its licensed water discharge limit.
directives, compliance notices, and
The notice specifies the required
administrative penalties. This is the
remedial action and a deadline for
primary function of environmental
implementation.
inspectorates.
Prosecution for Pollution: The
Used for serious, intentional, or
DFFE, through the Green
repeated violations. Executive
Scorpions, may investigate and
institutions gather evidence
prepare a case against a mining
(investigation, monitoring) and refer
Criminal company for deliberately dumping
cases to the National Prosecuting
Prosecution toxic mine tailings into a river,
Authority (NPA). This function acts
leading to a criminal trial and a
as a strong deterrent because it can
subsequent conviction under the
result in heavy fines and
National Environmental
imprisonment for directors/officers.
Management Act (NEMA).
Restoration Order: The DFFE
Executive institutions can approach
applies for a court order
the civil courts to seek an interdict
Civil Enforcement compelling a developer who
(court order) compelling a polluter to
(Interdicts) illegally cleared protected
stop an unlawful activity or to
indigenous forest land (e.g., a
undertake clean-up operations. This
critical wetland) to cease
is crucial when an environmental
construction and immediately
, Discussion and Application in the
Method Practical Example
Public Sector
harm is ongoing or imminent and implement a prescribed ecological
requires rapid judicial intervention. rehabilitation plan.
While often policy tools, their Carbon Tax Enforcement: The
enforcement falls under the South African Revenue Service
executive. This involves (SARS), working with the DFFE
implementing financial mechanisms and National Treasury, monitors
Economic/Market-
like taxes, levies, or tradeable and enforces compliance with the
Based Instruments
permits to make polluting more Carbon Tax Act (2019) by
expensive than compliance. This ensuring large emitters accurately
incentivises behavioral change report their emissions and pay the
through economic means. corresponding levy.
Pollutant Release and Transfer
Mandating that businesses publicly
Register (PRTR): South African
disclose their environmental
industries are legally obliged to
performance (e.g., pollution levels,
report emissions data to a national
Information and energy usage) acts as a form of
register managed by the executive,
Disclosure "sunshine regulation." The executive
allowing civil society to hold
institution enforces this disclosure,
polluters accountable and aiding
and the resulting public pressure
government in target setting and
often drives compliance.
enforcement prioritization.
2. Obstacles to Optimal International Environmental Management
This question was addressed in the previous output as a model response. For completeness
within the portfolio, the key points are summarized and expanded upon here, focusing on the
political and economic hurdles.
Main Obstacle Discussion and Critical Analysis Practical Example
The Paris Agreement relies on
The principle that states have supreme
Nationally Determined
authority over their territory inherently
National Contributions (NDCs), which are set
limits the power of international law.
Sovereignty voluntarily by each country,
Nations prioritise short-term economic
and Self- reflecting national interest rather
gains and national interests over global,
Interest than a globally scientifically optimal
long-term environmental good, leading
pathway, resulting in a collective
to weak or non-binding treaties.
action problem.
(COMPLETE ANSWERS)
Semester 2 2025 - DUE 31
October 2025
For assistance contact
Email:
,1. Enforcement Methods for Executive Institutions
The existence of environmental laws does not guarantee compliance; thus, executive institutions
must employ various enforcement mechanisms.
Discussion and Application in the
Method Practical Example
Public Sector
These are actions taken by regulatory
Compliance Notices: The
agencies without involving the
Environmental Management
courts. They are usually faster and
Inspectors (EMIs), or "Green
less costly. The executive arm (e.g.,
Scorpions," issue a compliance
Administrative Department of Forestry, Fisheries
notice to a factory for exceeding
Enforcement and the Environment - DFFE) issues
its licensed water discharge limit.
directives, compliance notices, and
The notice specifies the required
administrative penalties. This is the
remedial action and a deadline for
primary function of environmental
implementation.
inspectorates.
Prosecution for Pollution: The
Used for serious, intentional, or
DFFE, through the Green
repeated violations. Executive
Scorpions, may investigate and
institutions gather evidence
prepare a case against a mining
(investigation, monitoring) and refer
Criminal company for deliberately dumping
cases to the National Prosecuting
Prosecution toxic mine tailings into a river,
Authority (NPA). This function acts
leading to a criminal trial and a
as a strong deterrent because it can
subsequent conviction under the
result in heavy fines and
National Environmental
imprisonment for directors/officers.
Management Act (NEMA).
Restoration Order: The DFFE
Executive institutions can approach
applies for a court order
the civil courts to seek an interdict
Civil Enforcement compelling a developer who
(court order) compelling a polluter to
(Interdicts) illegally cleared protected
stop an unlawful activity or to
indigenous forest land (e.g., a
undertake clean-up operations. This
critical wetland) to cease
is crucial when an environmental
construction and immediately
, Discussion and Application in the
Method Practical Example
Public Sector
harm is ongoing or imminent and implement a prescribed ecological
requires rapid judicial intervention. rehabilitation plan.
While often policy tools, their Carbon Tax Enforcement: The
enforcement falls under the South African Revenue Service
executive. This involves (SARS), working with the DFFE
implementing financial mechanisms and National Treasury, monitors
Economic/Market-
like taxes, levies, or tradeable and enforces compliance with the
Based Instruments
permits to make polluting more Carbon Tax Act (2019) by
expensive than compliance. This ensuring large emitters accurately
incentivises behavioral change report their emissions and pay the
through economic means. corresponding levy.
Pollutant Release and Transfer
Mandating that businesses publicly
Register (PRTR): South African
disclose their environmental
industries are legally obliged to
performance (e.g., pollution levels,
report emissions data to a national
Information and energy usage) acts as a form of
register managed by the executive,
Disclosure "sunshine regulation." The executive
allowing civil society to hold
institution enforces this disclosure,
polluters accountable and aiding
and the resulting public pressure
government in target setting and
often drives compliance.
enforcement prioritization.
2. Obstacles to Optimal International Environmental Management
This question was addressed in the previous output as a model response. For completeness
within the portfolio, the key points are summarized and expanded upon here, focusing on the
political and economic hurdles.
Main Obstacle Discussion and Critical Analysis Practical Example
The Paris Agreement relies on
The principle that states have supreme
Nationally Determined
authority over their territory inherently
National Contributions (NDCs), which are set
limits the power of international law.
Sovereignty voluntarily by each country,
Nations prioritise short-term economic
and Self- reflecting national interest rather
gains and national interests over global,
Interest than a globally scientifically optimal
long-term environmental good, leading
pathway, resulting in a collective
to weak or non-binding treaties.
action problem.
