LEG2601/201/2/2023

Tutorial Letter 201/2/2023

Legal Aspects of Environmental

Semester 2

Department of Public Law, Constitutional Law

IMPORTANT INFORMATION:
This tutorial letter contains important information
about your module.
Dear Student,

You should have received the following thus far:

The Study Guide 2021 The text of this module’s tutorial matter
Tutorial Letter 101 The general information tutorial letter
Tutorial Letter 301 General information to all students in the School of Law
Tutorial Letter 201 This tutorial letter (online under Additional Resources)

Read this tutorial letter carefully. Please take note that we do not give model answers to the assignment
questions. A skeleton answer will be discussed with you in your Exam Preparation Lecture. Recordings of
this lecture are available to you on myUnisa and myExams “Additional Resources” and “Announcements”
tab.

THIS IS YOUR FINAL TUTORIAL LETTER FOR SEMESTER 2 OF 2023. It contains the following:

1 THE EXAMINATION: FORMAT, PREPARATION AND WRITING

2 THE INVIGILATOR APP

3 EXAMINATION: REFERENCING, PROBLEM-TYPE QUESTIONS AND ACRONYMS

4 SELF-EVALUATION: OCT/NOV 2022 EXAM

EXAMINATION DATE: 31 Oct 2023 08:00 - 31 Oct 2023 12:00

Access the Exam through the CLAW myExams link: https://claw.myexams.unisa.ac.za/

2
 LEG2601/201

1 THE EXAMINATION: FORMAT, PREPARATION AND WRITING

Format of the examination paper

(1) The format of the examination paper is an online, 4-hour portfolio. It is a Take-Home
examination. You may use your Study Guide during the examination as it is an open-book
assessment.

(2) There will be four (4) questions with sub-questions in the examination and they will count
a total of 100 marks. The questions will test your knowledge, your insight and your ability
to apply theory to practice. The paper consists of application questions, short questions
and essay questions. Multiple-choice questions will NOT form part of the examination.

(3) You are given four (4) hours to complete your exam. The exam can be accessed 15
minutes prior to the exam via the myExams platform (https://claw.myexams.unisa.ac.za)

(4) This exam is invigilated using the Invigilator App. See section 2 below for additional
details.

(5) You must scan the Invigilator App code for this exam within the first 30 minutes of the
designated exam start time. (That means you need to access the Invigilator App and
scan the code for this module between 07:45am and 08:30 on 31 October 2023).

(6) You must take pictures of your exam on the Invigilator App at the end of the designated
exam time. (That is, you must take pictures on the Invigilator App by 12:00 on 31 October
2023).

(7) You are given an extra 30 minutes to upload your paper via the official exam platform –
myExams. (NOT the Invigilator App). The time on the myExams platform corresponds
with your exam timetable. You have an extra 30 minutes after that to upload (even if the
“time remaining” has run out). In other words, you will still be able to upload your script till
12:30 regardless of the “late submission” notice.

(8) If you are struggling to submit your exam file during the currency of your examination, email
me at [email protected] immediately from your mylife email account. The contingency
link will be emailed to you (as an automatic ‘out of office’ reply). Please read and follow
the instructions sent carefully.

(9) You do not have to study any additional study material. Everything you need is in your
Study Guide. Make sure you study the relevant legal principles as they are discussed in
the Study Guide.

(10) You are automatically bound by the “Honesty Declaration” in which you agree to submit
your own work. Your answer documents are processed via an electronic program (Turn-
It-In) to check whether the answers submitted have been copied from internet sources
and/or from other students. If it is found that the work has been plagiarised, you will be
awarded a mark of 0% and you may also be subjected to disciplinary proceedings by the
University.

3
(11) Please check the “announcements” tab on the myExams and myUnisa sights regularly. All
updates will be posted in the “announcements” tab on those platforms.

Answering the examination questions

~ As mentioned above, you will write a four (4) hour examination paper consisting of four (4)
(compulsory) questions, counting a total of 100 marks. You must answer all four questions.

~ Read attentively through all the questions in your examination paper in order to gain an idea of
what the questions are about. Make sure that you understand the instructions before you start
answering the questions. Identify key words and terms.

~ Do not separate subsections of questions, for example, 2(a), then 1(b), then 3(a), by answering
them in different places in your document. If you wish to return to a particular question, simply
leave enough space to return to it.

~ Number your answers correctly.

~ If you are hand-writing your exam, please number each page in case the exam is scanned out
of order.

~ Plan your answer roughly before starting to write. You may think that this will take up too much
time, but you will in fact gain time by avoiding repetition, irrelevant discussion and confusion.
Please do not copy and paste large sections of the study guide. Use your own words.

~ Divide your time according to the number of questions and pay attention to the marks allocated
to each question.

~ Avoid repetition and irrelevancies. You will not receive any marks for repeating a fact. Answer
questions concisely but not superficially. Include every step in the legal argument in your answer,
starting with the first step, no matter how obvious it may seem to you.

~ When presented with a practical scenario, remember to apply the law to the facts. (See Self-
Assessment: Assignment and Memo)

~ Distinguish between instructions such as explain, compare, list and analyse. The definitions of
these terms can be found in Tutorial Letter 301. Make sure that you understand what is expected
of you.

~ Give reasons for all your answers (briefly, or fully, depending on what is required). In fact, it is
quite a good idea to write as if you are explaining the legal position to an intelligent layperson who
knows nothing about the law.

~ It is in your own interest to submit a neat examination (whether typed or, handwritten and
scanned). If you type your answer document, remember to save regularly - set reminders on your
phone if needed. Give yourself time to convert your document to PDF before uploading it.

~ Finally, please do not contact us after you have written the examination paper. We are not
allowed to discuss the paper with students or to divulge examination results. However, we will be
only too happy to discuss the course and any difficulties you may experience before the
examination.

4
 LEG2601/201

2 THE INVIGILATOR APP

Instructions to follow on the day of your examination:

• Ensure you are connected to the internet in order to log into the Invigilator App and scan
this QR code:
• If you encounter difficulty in scanning the QR code, you can alternatively enter the Exam
Access Code below the QR code to start the invigilation.
• Note that you can only scan this QR code once. You should NOT finish the invigilation
until your entire examination has been completed.
• Only scan the QR code when the assessment formally commences.
• The QR code is only scannable for a limited time and it should therefore be scanned
as soon as possible to start the invigilation. This means that for LEG2601, you MUST
scan the code between 07:45am and 08:30am on 31 October 2023.
• Once the QR code is scanned, ensure your media volume is turned up and place your
smartphone next to you. The Invigilator App will notify you with a notification beep when
you are required to action a request, which you should then perform.
• We recommend that you keep your smartphone on charge for the duration of the
examination.
• If you only have one device, you may access your examination in the application by
pressing the ‘Access Exam’ button in the top right corner of your app.
• Keep the Invigilator App open on your cell phone for the full duration of the
assessment. You are not allowed to minimise or leave the app.

5
 • Ensure you are connected to the internet in order to commence the invigilation as well as
at the end of the assessment. No internet connection is required during the examination.
• You have to adhere to the assessment time limit communicated to you by UNISA as
the time displayed in the Invigilator App could differ from the time allocated to complete
your examination.
• You can click the "Finish Assessment" button in the app if you finish your examination
early.
• You are performing a written or Scan-and-Upload assessment so please pay
attention to the following:
o The Invigilator App may request you to take a picture of every page of your answer
sheet at the end of the assessment. This does NOT replace the normal upload
of your script to the online examination portal.
o After completing invigilation and following all app instructions, you must upload your
Invigilation App data. If, however there is a delay in the upload of the app data at
the end of the assessment, you should prioritise the upload of your script to the
UNISA portal and you can temporarily minimise the app to do so. Uploading of app
data is not time sensitive and you can come back and do it after you have
successfully uploaded your script to the exam portal. You have 48 hours after the
examination ends to upload the app data.

Should you encounter any technical difficulty, please WhatsApp The Invigilator Helpdesk
on 073 505 8273.

6
 LEG2601/201

3 REFERENCING, FIRAC AND ACRONYMS

Referencing

It is important that you reference everything that is not in your own words. Non-referenced
examinations that contain plagiarised work may be subject to disciplinary action per UNISA policy.
As the Study Guide is all you need to answer the questions, you must reference this – along with
the page number of where you found the quote. Just including a bibliography at the end is NOT
sufficient.

You can reference the LEG2601 Study Guide as follows:

• LEG2610 Study Guide UNISA (2021), page number xxx.

PROBLEM-TYPE QUESTIONS

Problem-type questions (including “critical assessment of a problem statement” type of questions)

Step 1: Read through the question, which sometimes contains a list of facts and extract the
most relevant ones. Try to identify key words and phrases in the question – they will
help you tremendously.

Step 2: Once you have summarised the most important facts, identify the core issue/s that
has/have to be analysed.

Step 3: After you have identified the key issue/s for discussion, identify area/s of the law that
is/are applicable, and that are most specific to the case/problem.

Step 4: State what the law says. This could involve setting out the general principles of law
applicable to the area of law under discussion.

It could also involve stating any exceptions to the general principles of law, court cases,
academic opinions, or any other relevant material.

Step 5: Finally, you should apply the law to the problem (the set of facts) and draw your own
conclusions. In this part of the analysis/examination process, you could, in your
evaluation of the legal position, make comparisons, identify similarities and make
distinctions.

7
ACRONYMS

BA Basic Assessment
S&EIR Scoping and Environmental Impact Report
Constitution Constitution of the Republic of South Africa, 1996
EAP Environmental Assessment Practitioner
ECA Environment Conservation Act 73 of 1989
EIA Environmental Impact Assessment
EMI Environmental Management Inspector
GNR Government Notice Regulation
MEC Minister of the Executive Council
MPRDA Mineral and Petroleum Resources Development Act 28 of 2002
NEMA National Environmental Management Act 107 of 1998
NEMAQA National Environmental Management: Air Quality Act 39 of 2004
NEMBA National Environmental Management: Biodiversity Act 10 of 2004
NEMICMA National Environmental Management: Integrated Coastal Management Act 24 of
2008
NEMPAA National Environmental Management: Protected Areas Act 57 of 2003
NEMWA National Environmental Management: Waste Act 59 of 2008
NHRA National Heritage Resources Act 25 of 1999
NWA National Water Act 36 of 1998
PAIA Protection of Access to Information Act 2 of 2000
PAJA Promotion of Administrative Justice Act 3 of 2000
SAHRA South African Heritage Resource Authority
SEMA Specific Environmental Management Act
SPLUMA Spatial Planning and Land Use Management Act 16 of 2013

All that remains is for us to wish you success in the examination.

Primary Lecturer
Ms A Petersen
Telephone: 012 429 8395
E-mail address: [email protected]

Secondary Lecturer
Mr SY Ntola
Telephone: 012 429 2855
E-mail address: [email protected]

© UNISA 2023

8
 LEG2601/201

4 SELF-EVALUATION: OCT/NOV 2022 EXAM

QUESTION 1

1.1. List the minimum conditions of environmental authorisations (4)

1.2. Examine three general elements of a permitting scheme . (6)

1.3. Define environmental governance. (5)

1.4. Administrative control provides vital checks and balances for acts performed by officials. Point out
the value of internal administrative control. (5)

[20]

QUESTION 2

2.1 The South African constitution is one of the few constitutions in the world to contain an
environmental right. Write an essay in which you analyse the right to an environment not harmful
to one’s health and wellbeing. (15)

2.2 South Africa is bound by certain international instruments (binding legal instruments). Explain the
sources of international law and illustrate your answer with examples of instruments that are
relevant to sustainable development. (15)

[30]

QUESTION 3

1.1 Discuss the notice requirements available to Environmental Management Inspectors (EMIs) should
one not comply with the conditions of their authorisation? (6)

1.2 Explain the nature of private prosecution and how it may be used to protect the environment.
(7)

3.3 The Paris Agreement is one of the most important international policy documents
combatting climate change. What features of the Paris Agreement make the Paris
Agreement significant? (4)

3.4 Would interference with an EMI be classified as an act warranting criminal sanction?
Explain . (3)

[20]

9
QUESTION 4

PharmaCo are a South African pharmaceutical company. PhamaCo would like to produce a
product called Buchu-Health to sell both locally and internationally. PharmaCo are aware that
you are a legal consultant and have knowledge of the rules in the National Environmental
Management: Biodiversity Act 10 of 2004. They request that you advise them on the following.

4.1 Indicate the objectives of the National Environmental Management: Biodiversity Act 10 of 2004.
(2)

4.2 What authorisation(s) would PharmaCo need to acquire to commence their activity and who is the
competent authority? (4)

4.3 Explain the content of the abovementioned authorisations and what they permit PharmaCo to do.
(8)

4.4 Before obtaining the abovementioned authorisations, PharmaCo must enter into two agreements.
Name the two agreements and describe their nature. (6)

4.5 Section 101(1)(a) of the National Environmental Management: Biodiversity Act 10 of 2004 creates
a number of offences. Inform PharmaCo of three such offences and the penalty PharmaCo are
liable to face. (5)

4.6 PharmaCo are required to receive consent from all stakeholders as a pre-requisite to obtaining the
relevant authorisations. Evaluate the notion of public participation and its role in environmental
management. (5)

[30]

TOTAL: {100}

10