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Environmental law (LCP4805) May/June exam 2024 memo
Environmental law (LCP4805) May/June exam 2024. 100% exam memo
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MAY/JUNE 2024LCP4805
Environmental Law
, Question 1
1.1 The precautionary principle is a fundamental concept in environmental law that
guides decision-making in situations where there is scientific uncertainty regarding
potential risks to the environment or human health. In South Africa, the
precautionary principle is enshrined in various environmental laws and policies to
ensure sustainable development and protection of the environment.
In South Africa, the precautionary principle is applied across different sectors,
including natural resource extraction activities like fracking. When it comes to
controversial practices such as hydraulic fracturing, the government and regulatory
bodies are tasked with assessing the potential risks and benefits while considering
the precautionary principle.
South Africa has a robust legal framework that incorporates the precautionary
principle into environmental decision-making processes. The National
Environmental Management Act (NEMA) of 1998 is one of the key legislative
instruments that emphasize the application of the precautionary principle in
environmental management.
One of the primary mechanisms through which the precautionary principle is
implemented in South Africa is through Environmental Impact Assessments
(EIAs). Before authorizing projects like fracking, companies are required to
conduct comprehensive EIAs to assess potential environmental impacts and
propose mitigation measures.
Another important aspect of applying the precautionary principle in South Africa is
ensuring public participation in decision-making processes related to
environmental issues. The public has a right to be informed and involved in
discussions concerning activities that could have significant environmental
consequences.
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