LCP4805/S1/2022 Assignment 1 Environmental Law LCP4805 Semester 1 Department of Public, Constitutional and International Law This letter contains the first assignment question for your module.
Assignment 1 of 2022 - NO EXTENSIONS WILL BE GRANTED DUE DATE: 31 March 2022 . The unique number is not important as the assignment must be submitted electronically. Note on marking the assignment: . Pay attention to the mark allocation to determine how much information you must provide. (We usually award one mark per distinct point) . Remember to structure your answer. One suggestion is using the IRAC method - o I - identify the legal issue o R- state the legal rule A - apply the legal rule to the issue and facts o C - reach a conclusion . Remember to use your own words. Students are discouraged from copying large parts of the study guide in lieu of answering the question themselves. . Plagiarism will not be accepted. You must reference everything that is not in your own words. (See the School of Law Reference Guide under "Additional Resources" tab on Moodle) · Marks are specifically awarded for application. Question 1 Provide a detailed explanation of each of the following aspects: (a) Anthropocentrism (b) Biocentrism (5) (c) A definition of environmental law (5) (5) (15) Question 2 Due to acute water shortages experienced during the past five years, the local authority of Hammanskraal decided to build a facility for the desalination of seawater with the capacity to produce 200 cubic metres of treated water per day, suitable for human consumption and irrigation. The building of a desalination plant requires an environmental impact assessment (EIA) in terms of the Environmental Impact Assessment Regulations of 2017. The relevant authorities considered the EIA carried out and granted the authorisation. However, the local ratepayer's 2
LCP4805/001/3/2021 association is against the construction of the desalination plant because of the expensive infrastructure required and the negative impact on the environment, for example, the residues produced by the desalination process and the large amounts of energy required during the process. The association alleges further that it was not asked for any input in the matter and that the relevant authorities did not provide any reasons for their decision. Does the local ratepayer's association, in terms of South Africa's Constitution, have legal standing (locus standi) to challenge the decision to grant authorisation to build the desalination plant in a competent court? (Briefly describe the concept of locus standi in your answer) (10) TOTAL: [25] 3