LEG2601 EXAM quality questions

QUESTION 1 1.1) The role of international and regional conventions in South African law is for states to come to an agreement to find solutions and prevent further deterioration of the environment, as it is a worldwide issue. The damages that the environment faces are biodiversity loss, depletion of the ozone, pollution, global warming, nuclear damage and issues with species extinction. The treaties are there for states to improve the environment to prevent damage that we cannot undo and live a most sustainable life. South Africa is a part of this as it is one of the many states that have signed regional and international treaties, such as the protection of endangered wildlife with regards to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, or the protection of biological diversity in the Convention on Biodiversity. Section 39 of the South African Constitution states that all courts, tribunals or forums must consider international law, which is guidance for courts. Section 233 of the South African Constitution states that whenever any legislation is interpreted, courts must submit legislation that is valid with the international law. However, courts may refer to foreign law. States are bound by these treaties. 1.2) According to The National Environmental Management Act 107 of 1998 in section 2(4)(c), Environmental Justice is the equal access to natural resources (such as water, shelter and health care) and the distribution of environmental burdens and impacts in such a way that it does not discriminate to anyone based on the race, sex, employment and income status. It is a principle about improving the quality of life and meeting human needs while making sure that the future generations have resources. An example of environmental justice would be that workers have the right to a harmless environment which is safe, healthy and does not have any hazards. 1.3) The public trust doctrine with regards to the environment entails that for the benefit of the people, all public natural resources, certain This study source was downloaded by from CourseH on :38:40 GMT -05:00 public uses and the environment are protected and held in trust by the State for the public’s interest. The power lies in the public and the future generations. The principles of NEMA (S 2(4)(o)) states that the environment must be protected from exploitation by States as the people’s common heritage, which should be held in trust for future generations for the use and access of resources. Kidd (Environmental law 2008 at 11) states that the public-trust doctrine adopted in South Africa resembles “trusteeship” rather than public interest. Sustainability of future generations must be protected by the trustees. QUESTION 2 2.1) Environmental Management Inspectors (EMIs) are organs of the state and are there to enforce environmental legislate and promote enforcement of the National Environment Management Biodiversity Act, Protected Areas Act, Waste Act, Air Quality Act, the Integrated Coastal Management Act and the Environmental Conservation Act. The EMIs must monitor and investigate any offence committed and enforce the law by issuing permits, notices and licenses. EMIs have the power to give an admission of a guilt fine instead of being tried in court, just like how in the Jane case, Jane can be issued a fine for not having a permit for the cycads. EMIs may also issue a compliance notice to those who do not comply with the environmental legislation. They have the power to forcibly confiscate items, search modes of transportation at any time, and inspect, take photos, samples and document the inspection of buildings or land. 2.2) Once a client appoints an Environmental Assessment Practitioner (EAP) at their own cost, who has met all the requirements such as be independent or expertise , the EAP must decide if a Scoping and Environmental impact report or a basic assessment must be done. If the activity is in list R 983 then a basic assessment must be done. The EAP must apply, conduct a public participation process, giving notice to those affected, must open and maintain a register and submit that to the authority. They must then compile the basic report, record all the comments and then submit everything to the authority.