UNIVERSITY EXAMINATIONS

May/June 2025

LEG2601

Legal Aspects of Environmental Management

100 Marks
Duration: 4 Hours

Primary Examiner: A Baffour

Secondary Examiner: J Mabala

THIS PAPER CONSISTS OF 9 (NINE) PAGES

Honesty Declaration:
In writing and submitting this paper you affirm that:
1. You understand what academic dishonesty entails and are aware of UNISA’s policies
in this regard.
2. You have not allowed and will not allow anyone to copy your work with the intention
of passing it off as his or her own work.
3. You did not make use of another student’s work with or without permission and
submitted it as your own.
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.

Instructions:

1. The examination question paper counts 100 marks.

2. It consists of 4 (four) questions. Answer ALL of the questions.

3. The duration of the examination on the timetable is 4 hours.

4. This is an open-book examination. You may consult your prescribed study

material during the examination.
5. This examination is proctored via the Invigilator App. You are required to activate
(or log in to) the Invigilator app between 14:00 and 14:45 on 19 May 2025 (South
African Standard Time).

The QR code is below:

5.1 You will have 48 hours from the date of their examination to upload
your invigilator results from the Invigilator App. Failure to do so will
result in students deemed not to have utilised the invigilation or proctoring
tools.

5.2 Listening to audio (music) and making use of audio-to-text software is

strictly prohibited during your examination session unless such usage of the
software is related to a student’s assistive device which has been so
declared. Failure to do so will be a transgression of Unisa’s examination
rules and the student's marks will be withheld.

6. Your exam is scheduled to end at 18:15. You have an extra 30 minutes to

upload to the myExams site. That is, you must upload your exam by 18:45
on 19 May 2025. That means that the time indicated on the myExams
Platform for the end of the exam INCLUDES the extra 30 minutes upload
time. YOU CANNOT UPLOAD YOUR EXAM AFTER 18:45.

6.1 When ready to submit, open the Take-Home (Exam) assessment again and click
on the Add Submission button.
Note the file requirements such as:
File size limit.
Number of files that can be submitted.
File formats allowed.

Check the acknowledgment checkbox and upload your answers document and
then click on the Save changes button.

Review your submission information regarding the status and click on your
submission file link to check if it's correct.
 If you need to resubmit a file, click on the Edit Submission button. Do not click on the
Remove submission button. Note: You will need to delete any existing files by clicking
on the file and then on delete.

Use proper PDF conversion software to create the final file for upload. Free PDF
conversion software is available on the Internet.

Add your student number and the module code in the file name. That will assist you to
select the correct document to upload during submission.

You are advised to preview your submission (answer script) to ensure legibility and
that the correct answer script file has been uploaded.
7. There is no contingency link for the examination. You MUST upload on the
myExams platform.

8. The cover page for your exam must include your name, student number and the
module code.

9. This exam will use Turnitin software.

10. You must TYPE YOUR EXAM. Handwritten submissions will NOT be accepted.
Your typed submission on the myExams platform must be made in the form of one
PDF document.

10.1 If you fail to provide a typed response, will have your submission
disregarded. In such cases, you will be awarded a non-compliance with
proctoring tools outcome on your academic records.

10.2 You are required to accept the mandatory End User License Agreement
(EULA) pop-up to activate the Turnitin software. Students who have not
accepted the EULA will be considered to have violated Unisa's examination
rules and their answer scripts will not be marked.

11. Only the last file uploaded and submitted will be marked.

11.1 The exam answer file that you submit must not be password protected or
uploaded as a “read only” file.

11.2 Your examination answer file will not be marked if:

11.2.1 you send your examination answer file via email.

11.2.2 you submit the incorrect examination answer file. A mark of 0% will be
awarded.
11.2.3 you submit your exam answer file on an unofficial examination
platform.
11.2.4 you submit your examination answer file in the incorrect file format.
11.2.5 you submit a password-protected document.
11.2.6 you submit your examination answer file late.
11.2.7 you submit your answer file from a registered student account that is
not your own.
11.2.8 you submit a handwritten or scanned document.

11.3 You will not be allowed to resubmit after the scheduled closing date and
time of the exam.
12. When answering the take-home exam questions, remember that an open-book
exam is a test at a higher level than the usual type of exam, where memory is tested
as much as insight. In an open-book exam, you need not memorise any
information. You are expected to prove that you can use information, rather than
merely repeat it. In brief, what is being tested is factual knowledge, understanding
and the correct application thereof, not memory skills. For this reason, you do not
earn marks by merely detailing a list of all the information that you think might be
relevant to a particular question. This gives no indication that you know what
statutory or other provisions are applicable in a specific context. You are expected
to identify precisely what information applies, and then explain why you think so.

12.1 Also, because you have the guide available when answering questions, we
do not give marks for direct quotations from the guide. You are therefore
assessed on your level of understanding of the legal principles by looking
at how well you applied the principles to the questions.

12.2 PLEASE DO NOT CUT AND PASTE ANSWERS FROM THE STUDY
GUIDE (OR ANY OTHER SOURCE).

13. The arguments that you make must be logical, well-structured and substantiated
by all of the relevant legal principles. Use the time given wisely.

13.1 Ensure that you give reasons for each answer. Substantiate your answers
by referring to ALL of the relevant authorities, e.g. sections from relevant
legislation and/or court cases in the text or in your footnotes.

13.2 You are required to have read and summarised the prescribed cases
yourself. The summaries in the Study Guide are not sufficient for this exam.
When using case law to support your answer, please include complete
references to the relevant cases in your footnotes. This means that you
must not only include the name of the case but also the exact page and
section and/or paragraph where the information can be found. The same
applies to articles and books used.

13.3 A number of students lose marks because they do not approach problem-
type questions correctly. When answering such questions, it is important to
first clarify for yourself the area of work where the answer must be sought.
Once you have done this, set out the relevant legal principles. Deal only
with those principles that relate to the given facts. Next, apply these
principles to the facts. This is where most of the students lose marks - they
set out the law in some detail, but then do not illustrate how it applies to the
factual situation they have been asked to solve. Finally, state your
conclusion.

14. You must complete the online declaration of own work when submitting by clicking
on the “tick box” before you submit.
 14.1 By ticking the Honesty Declaration, you confirm that you have read (i) the
University’s Policy on Copyright Infringement and Plagiarism and
the Student Disciplinary Code, which are both available on
myUnisa: www.unisa.ac.za/unisarules, and (ii) the information relating to
student values and plagiarism that is found at
https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-
values-and-rules.

14.2 Students suspected of dishonest conduct during the examinations will be

subjected to disciplinary processes. Students may not communicate with
other students, or request assistance from other students during
examinations. The use of Telegram, WhatsApp or any other instant
messaging services with any other person (except when asking for
technical assistance via official channels of the SCSC or the Invigilator
WhatsApp line) are strictly prohibited. Plagiarism is a violation of academic
integrity, and students who do plagiarise or copy verbatim from published
work will be in violation of the Policy on Academic Integrity and the Student
Disciplinary Code and may be referred to disciplinary hearing. Unisa has a
zero tolerance for plagiarism and/or any other forms of academic
dishonesty.

14.3 The use of Artificial Intelligence software (ChatGPT, etc) and online sources
(other than your course material) during your online examination session is
strictly prohibited.

14.4 Unless a student is exempted because of disability or incarceration,

students who have not utilised invigilation or proctoring tools will be deemed
to have transgressed Unisa’s examination rules and will have their marks
withheld.

PLEASE NOTE:

If you experience challenges with the Invigilator app, please send a WhatsApp message to
the technical helpdesk on 073 505 8273. Do not contact the lecturers.

For all other exam-related challenges, you may contact the SCSC on 080 000 1870 or e-mail
[email protected] or refer to Get-Help for the list of additional contact numbers.
Question 1

1.1. In South African environmental law, different legal relationships exist between
parties. Briefly examine the following relationships and provide specific examples
of each party involved.

a) The relationship between two private parties

b) The relationship between public and private parties.

In your answer, give specific examples of parties involved in environmental law.

(10 marks)

1.2. Discuss binding international law instruments in environmental law and explain
how they are incorporated into and applied in South African environmental law.
(10 marks)

[20 marks]

Question 2

2.1. Define the duty of care principle and explain who it applies to. (6 marks)

2.2. List and describe the objectives of the National Environmental Management:
Integrated Coastal Management Act 24 of 2008.
(6 marks)

2.3. Outline the legal process that an aggrieved party must follow to challenge a
decision made by a competent authority. (8 marks)

2.4. In the context of mining, under what circumstances can a company obtain a
closure certificate? (4 marks)

[24 marks]

Question 3

Wendy has applied for environmental authorisation to operate a renewable energy

plant in North West Province. The plant’s expected output classifies it under Listing
Notice 2. Wendy appoints an Environmental Assessment Practitioner to undertake an
environmental assessment in order to obtain the authorisation. Given this scenario,
answer the questions below. Remember to apply your answers to the facts scenario.
3.1. Name the type of environmental assessment required given that the activity falls
under Listing Notice 2? (2 marks)

3.2. Identify the competent (permitting) authority in this case. (2 marks)

3.3. If the Environmental Assessment Practitioner determines that specialist reports

are needed, what key considerations must the specialist include in their specific
report? (8 marks)

3.4. Define the term “interested and affected parties” and illustrate what is required
from the Environmental Assessment Practitioner in order to give effect to public
participation requirements. (16 marks)

[28 marks]

Question 4

4.1. The National Environmental Management: Biodiversity Act 10 of 2004 (NEMBA)

acknowledges the importance of safeguarding indigenous knowledge in
bioprospecting activities. In an essay, comprehensively discuss how the Benefit-
Sharing Agreements and Material Transfer Agreements function collectively to
ensure the protection of communities that provide indigenous knowledge related
to biological resources. (14 marks)

4.2. Environmental governance is a fundamental component of sustainable

development and effective environmental management. Write an essay in which
you evaluate the concept of 'Environmental Governance,' and describe the four
main aspects of governance as they relate to environmental management.
(14 marks)

[28 marks]

[Total: 100 marks]

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