1.1. Distinguish between a public law relationship and a private law relationship. (6) 1.2 1.3. 1.4....

 

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1.1. Distinguish between a public law relationship and a private law relationship. (6) 1.2 1.3. 1.4. 1.5. 2.2 List any four sources of South African law, Define a "heritage resource" and indicate what type of environmental assessment must be undertaken if a development will have an impact on a heritage resource. (5) Write a short note on your understanding of the public trust doctrine. 3.1 3.2 3.3 3.3 (5) QUESTION 2 2.1 Decisions are made concerning environmental and planning matters, and the implementation of rules and regulations are classified as administrative action, in terms of section 33 of the Constitution (the right to administrative justice), all administrative decisions must be lawful, reasonable and procedurally fair. In your own words, explain what the bold phrases mean in relation to environmental decision-making. Section 24(a) of the Constitution provides that everyone has the right to an environment that is not harmful to their health or wellbeing. Discuss the concept of wellbeing with reference to case law. Use your own words. (5) [25] (10) Discuss in your own words, the powers of Environmental Management Inspectors. (10) [20] QUESTION 3 Why must internal remedies be exhausted before a dispute is brought to court? (6) Explain what the purpose of a criminal sanction is. (5) Distinguish between the following civil law remedies: Interdict and Mandamus. (6) Discuss internal administrative control by senior officials. (8) [25] Read the following scenario to answer question 4.1-4.3. Remember to use your own words and apply the set of facts to each of your answers! Ripwaters (Pty) Ltd wants to build a housing estate in Limpopo, outside an urban area on a plece of undeveloped land. The proposed housing estate will bring about the transformation of an area of 10 hectares 4.1 42 Identity which procedure the company must follow in terms of the Environmental Impact Assessment Regulations, 2010 to obtain the necessary authorisation for the development. After identifying the appropriate procedure, briefly list the applicable procedure (16) Assume that you are a concerned citizen who is staying next to the development site described in the scenario above and that the development of the housing estate has already started. You have not been notified of the development and want access to the following information: the environmental authorisation, the public participation process and the basic assessment (i) (i) Indicale which section of the Bill of Rights and which legislation are applicable and can be used to gain access to the above information. (2) Who can you approach to request the above information? (5) 4.3 A developer wants to undertake a development on a piece of land where there are historic grave sites and therefore must submit an impact assessment report to the responsible heritage resources authority. List the information that must be provided in the impact assessment report. (7) [30] TOTAL: (100) 1.1. Distinguish between a public law relationship and a private law relationship. (6) 1.2 1.3. 1.4. 1.5. 2.2 List any four sources of South African law, Define a "heritage resource" and indicate what type of environmental assessment must be undertaken if a development will have an impact on a heritage resource. (5) Write a short note on your understanding of the public trust doctrine. 3.1 3.2 3.3 3.3 (5) QUESTION 2 2.1 Decisions are made concerning environmental and planning matters, and the implementation of rules and regulations are classified as administrative action, in terms of section 33 of the Constitution (the right to administrative justice), all administrative decisions must be lawful, reasonable and procedurally fair. In your own words, explain what the bold phrases mean in relation to environmental decision-making. Section 24(a) of the Constitution provides that everyone has the right to an environment that is not harmful to their health or wellbeing. Discuss the concept of wellbeing with reference to case law. Use your own words. (5) [25] (10) Discuss in your own words, the powers of Environmental Management Inspectors. (10) [20] QUESTION 3 Why must internal remedies be exhausted before a dispute is brought to court? (6) Explain what the purpose of a criminal sanction is. (5) Distinguish between the following civil law remedies: Interdict and Mandamus. (6) Discuss internal administrative control by senior officials. (8) [25] Read the following scenario to answer question 4.1-4.3. Remember to use your own words and apply the set of facts to each of your answers! Ripwaters (Pty) Ltd wants to build a housing estate in Limpopo, outside an urban area on a plece of undeveloped land. The proposed housing estate will bring about the transformation of an area of 10 hectares 4.1 42 Identity which procedure the company must follow in terms of the Environmental Impact Assessment Regulations, 2010 to obtain the necessary authorisation for the development. After identifying the appropriate procedure, briefly list the applicable procedure (16) Assume that you are a concerned citizen who is staying next to the development site described in the scenario above and that the development of the housing estate has already started. You have not been notified of the development and want access to the following information: the environmental authorisation, the public participation process and the basic assessment (i) (i) Indicale which section of the Bill of Rights and which legislation are applicable and can be used to gain access to the above information. (2) Who can you approach to request the above information? (5) 4.3 A developer wants to undertake a development on a piece of land where there are historic grave sites and therefore must submit an impact assessment report to the responsible heritage resources authority. List the information that must be provided in the impact assessment report. (7) [30] TOTAL: (100)

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11 Distinguish between a public law relationship and a private law relationship Public law relationship A public law relationship refers to legal interactions between the government or its entities an... View the full answer