LCP4805
Assignment 1 Semester 2 2024
Detailed Solutions, References & Explanations
Unique number:
Due Date: 10 September 2024
QUESTION 1 (2 ANSWERS PROVIDED)
The National Environmental Management Act, 107 of 1998 (NEMA), provides a comprehensive
framework for environmental governance in South Africa. Section 24O of NEMA outlines the
criteria that competent authorities must consider when evaluating applications for environmental
authorizations. While NEMA does not explicitly list climate change impacts as a criterion, a close
examination of Section 24O and relevant case law, particularly the ruling in Earthlife Africa
Johannesburg v Minister of Environmental Affairs and Others (2017), reveals that the impacts
of climate change are inherently included within the broader environmental considerations
mandated by the Act.
Section 24O and Climate Change
Section 24O(1) requires competent authorities to take into account all relevant factors when
considering an application for environmental authorization. Among these factors are:
1. Pollution, Environmental Impacts, or Environmental Degradation (Section
24O(1)(b)(i)):
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greenhouse gas emissions, fall under environmental impacts and degradation.
These emissions contribute to global warming, which in turn leads to Disclaimer
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