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LEG2601 EXAM PACK 2023
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ELABORATE QUESTIONS AND ANSWERS
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LEG2601EXAM
PACK 2023
ELABORATE QUESTIONS AND
ANSWERS
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Page 4 of 5
QUESTION 1
1.1. Name two soft law instruments and explain what impact they have on South Africa.
(8)
1.2. List and describe three Sustainable Development Goals that are relevant to
environmental law. (6)
1.3. Define the nature of climate change and list three indicators . (6)
1.4. Explain why environmental governance is necessary. (5)
[25]
QUESTION 2
2.1 Write an essay in which you define and differentiate between the concepts of
intergenerational equity and intragenerational equity. (10)
2.2 Write an essay in which you indicate whether the right to the environment may be
limited. If so, indicate the criteria considered when limiting the right. (10)
[20]
QUESTION 3
3.1 Identify three Specific Environmental Management Acts (SEMAs) and provide an
objective for each. (6)
3.2 Explain why administrative control is such an important form of control in relation to
environmental affairs? (7)
3.3 Identify the prerequisites for judicial control. (4)
3.3 Would interference with an EMI be classified as an act warranting criminal sanction?
Explain . (3)
[20]
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Page 5 of 5
QUESTION 4
MineCo has acquired a new piece of land on which they would like to mine. MineCo approach
you, as their legal counsel, to advise them on the following:
4.1 What authorisation(s) would MineCo need to acquire to commence their activity? (6)
4.2 Describe to MineCo how public participation plays a role in the context of the
environmental assessment process. (6)
4.3 In your own words, explain to MineCo the importance of financial provisions in the
mining context. (4)
4.4 What criminal measures are available to authorities should MineCo commit an
offence? (4)
4.5 Identify the requirements which an Environmental Assessment Practitioner (EAP) must
comply with to perform their work. (5)
4.6 MineCo is facing litigation. Discuss the right to approach a competent court and
indicate the impact that the right has in terms of environmental management. (10)
[35]
TOTAL: {100}
©
UNISA 2022
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QUESTION 1
1.1.
TWO SOFT LAW INSTRUMENTS AND THE IMPACT THEY HAVE ON
SOUTH AFRICA.
Non-Binding (Soft Law) Instrument
Binding Legal Instrument
In the South African we have the notion of Sustainable development which
serves as a guidance to the state with the Binding law involved this is
given in the section 24 of Constitution of the Republic of South Africa. Due
to the Rights which are being provided that shows that our country is
legally obligated with some of the binding international legal instruments
as far as it dictates the instrument is concerned. Legally South African is
obligated to follow the traditional legal instruments that include treaties
such as contracts, customary international law and judicial decisions.
1.2.
The goals that relate to environmental law most notably include, among others:
Goal 3, Good Health and Well-being
Goal 3 aims to prevent needless suffering from preventable diseases and premature
death by focusing on key targets that boost the health of a country's overall
population. Regions with the highest burden of disease and neglected population
groups and regions are priority areas.
Goal 6, Clean Water and Sanitation for all
Goal 6 calls for ensuring universal access to safe and affordable drinking water,
sanitation and hygiene, and ending open defecation. It also aims to improve water
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