LCP4805 Assignment 1
(ANSWERS) Semester 2 2023 -
GUARANTEED DISTINCTION
GOOD GRADES.
Question 1
Mr Skhosana wishes to build a petrol station near a wetland in a provincial road in the
Northern Cape. Mr Skhosana has been informed that, from a South African environmental
legal perspective, suc...
Mr Skhosana wishes to build a petrol station near a wetland in a provincial road in the
Northern Cape. Mr Skhosana has been informed that, from a South African environmental
legal perspective, such development will require that he obtain an environmental
authorisation. Mr Skhosana is aware that a ‘public participation’ process will be required in
the process, kindly explain to him what such a process entails, and with reference to recent
case law, what factors Mr Skhosana needs to consider.
, INTRODUCTION.
The public participation process is a crucial step in obtaining environmental authorisation for a
development project in South Africa. It ensures that affected stakeholders and the public have
an opportunity to provide input and raise concerns regarding the proposed development. This
process promotes transparency, inclusivity, and sustainable decision-making.
The specific requirements and procedures for public participation are outlined in the National
Environmental Management Act (NEMA) and its associated regulations. The process typically
involves the following steps:
1. Notification: The developer, in this case, Mr Skhosana, must notify the relevant
authorities and stakeholders about the proposed development. This includes publishing
notices in local newspapers, distributing information leaflets, and posting notices in
public places near the project site.
2. Submission of Comments: Interested and affected parties, such as nearby residents,
environmental groups, and government departments, have a specified period to submit
written comments or objections regarding the proposed development. These comments
should address potential environmental impacts, socio-economic concerns, and any
other relevant issues.
3. Public Meetings and Hearings: Public meetings or hearings may be held to provide a
platform for stakeholders to express their views, ask questions, and engage in
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