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LCP4805
Environmental law
PORTFOLIO
MEMO
SEMESTER 2 – 2024 - UNISA
UNIQUE NUMBER: -
DUE DATE: - 8 NOVEMBER 2024
Includes Footnotes and/or Bibliography.
PREVIEW
Question 1
A number of key developments on climate change policy, legislation and case law took
place in South Africa. Answer the following questions:
1.1 List and provide examples of environmental sector-specific legislation that addresses
(directly or indirectly) climate change issues in South Africa. (15)
1.2 Section 24 of the National Environmental Management Act, 107 of 1998 (NEMA) lists
the criteria to be considered by the competent authority when considering an application
for an environmental authorisation. In your opinion, does this include the impacts of
climate change? (20) Motivate your answer in full by referring to NEMA and relevant case
law. [35]
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, QUESTION 1
A number of key developments on climate change policy, legislation and case law
took place in South Africa. Answer the following questions:
1.1 List and provide examples of environmental sector-specific legislation that
addresses (directly or indirectly) climate change issues in South Africa. (15)
1.2 Section 24 of the National Environmental Management Act, 107 of 1998 (NEMA)
lists the criteria to be considered by the competent authority when considering an
application for an environmental authorisation. In your opinion, does this include
the impacts of climate change? (20) Motivate your answer in full by referring to
NEMA and relevant case law. [35]
1.1 Environmental Sector-Specific Legislation Addressing Climate Change in
South Africa:
South Africa has a variety of environmental legislation that addresses climate change
either directly or indirectly. Some of the key sector-specific pieces of legislation include:
1. National Environmental Management Act, 107 of 1998 (NEMA)
NEMA is the cornerstone of South African environmental law and provides a framework
for environmental protection. While it does not specifically address climate change in its
text, its principles align with climate change considerations, such as the promotion of
sustainable development and ensuring environmental justice. The National
Environmental Management: Air Quality Act, 39 of 2004, which falls under NEMA, deals
specifically with air quality and emissions that can directly influence climate change.
2. National Environmental Management: Air Quality Act, 39 of 2004
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