LCP4805 Assignment 1 Semester 2 2024 | Due 10 September 2024. All questions answered with references.
Question 1
Section 24o 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 env...
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Question 1
1. Section 24o 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?
Motivate your answer in full by referring to NEMA and relevant case law.
Introduction
Section 24 of the National Environmental Management Act (NEMA), Act 107 of 1998, is the
cornerstone of South Africa's environmental legislation. It establishes the criteria for granting
environmental authorizations, requiring competent authorities to consider various environmental
factors before approving any development or activity. One pertinent question is whether this section
mandates the consideration of climate change impacts. Given the increasing global emphasis on
climate change and its profound effects on the environment, it is crucial to determine if South
African law, through NEMA, explicitly or implicitly includes climate change impacts in its
environmental assessment criteria.
Analysis of Section 24 of NEMA
Section 24 of NEMA outlines the process and criteria for environmental authorization. The Act
specifies that the competent authority must take into account the following considerations:
Cumulative Impact: The potential for cumulative impacts on the environment.
Public Participation: The inclusion of public input in the decision-making process.
Mitigation Measures: The necessity for mitigation measures to minimize adverse impacts.
Environmental Principles: Adherence to the principles of sustainable development as
enshrined in the Act.
While these criteria do not explicitly mention climate change, several sections of NEMA imply its
consideration:
Sustainable Development Principles: NEMA’s emphasis on sustainable development
inherently includes climate change. Sustainable development is defined in a way that promotes
environmental protection, which logically extends to addressing climate change due to its
significant environmental impacts.
Cumulative Impacts: Considering cumulative impacts implicitly requires an assessment of
climate change, as it represents a significant cumulative environmental impact that can
exacerbate other environmental issues.
Mitigation Measures: Effective mitigation measures often include strategies to address
climate change, such as reducing greenhouse gas emissions or enhancing carbon sequestration.
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