LCP4805 EXAM PACK 2023 QUESTIONS AND ANSWERS. What was the nature and implications of the ruling in South Africa‟s first climate
change case? (10) [20]
South Africa’s First Climate Change Case
Earthlife Africa Johannesburg v. The Minister of Environmental Affairs and others
In this case the...
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LCP4805 - Environmental Law (LCP4805)
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LCP4805 EXAM PACK 2023
LATEST QUESTIONS AND
ANSWERS
,QUESTION 1
On the 31 of October 2021,world leaders will assemble in Glasgow, United Kingdom
for the 26th Conference of Parties (COP26) of the United Nations Framework
Convention on Climate Change (UNFCCC). Among the goals for COP26 is for the
global community to “work together to enable and encourage countries affected by
climate change to protect and restore ecosystems and build defences, warning
systems and resilient infrastructure and agriculture to avoid loss of homes,
livelihoods and even lives”
1.1 Identify and discuss the main responses to tackling the impacts of climate change.
(10)
COP26 presents an opportunity for the world to take immediate action to end the
fossil fuel era and start regenerating nature while ensuring that all our remaining
natural ecosystems stay intact. As nations look to rebuild their economies in the
wake of COVID19, COP26 has seen an emphasis on „building back better‟ through a
green recovery.
Around the world storms, floods and wildfires are intensifying. Air pollution sadly
affects the health of tens of millions of people and unpredictable weather causes
untold damage to homes and livelihoods too. But while the impacts of climate
change are devastating, advances in tackling it are leading to cleaner air, creating
good jobs, restoring nature and at the same time unleashing economic growth.
Despite the opportunities we are not acting fast enough. To avert this crisis,
countries need to join forces urgently.
,In the run up to COP26 the UK is working with every nation to reach agreement on
how to tackle climate change. More than 190 world leaders are expected to arrive in
Scotland. Together with tens of thousands of negotiators, government
representatives, businesses and citizens for twelve days of talks. Not only is it a
huge task but it is also not just yet another international summit. Most experts
believe COP26 has a particular urgency.To understand why, it‟s necessary to look
back to another COP. COP21 took place
in Paris in 2015. For the first time ever, something momentous happened: every
country agreed to work together to limit global warming to well below 2 degrees and
aim for 1.5 degrees, to adapt to the impacts of a changing climate and to make
money available to deliver on these aims. The Paris Agreement was born. The
commitment to aim for 1.5 degrees is important because every fraction of a degree
of warming results in the tragedy of many more lives lost and livelihoods damaged.
Under the Paris Agreement, countries committed to bring forward national plans
setting out how much they would reduce their emissions - known as Nationally
Determined Contributions, or „NDCs‟. They agreed that every five years they would
come back with an updated plan that would reflect their highest possible ambition at
that time.
The run up to this year‟s summit in Glasgow is the moment (delayed by a year due to
the pandemic) when countries update their plans for reducing emissions. But the
commitments laid out in Paris did not come close to limiting global warming to 1.5
degrees, and the window for achieving this is closing. The decade out to 2030 will be
crucial. So as momentous as Paris was, countries must go much further to keep the
hope of holding temperature rises to 1.5 degrees alive. International climate summits
are complex. Here in the UK COP26 team we want to make it as easy as possible
for you to understand what COP26 is and what the UK team is working to achieve. In
this introduction you‟ll find the summary of our goals; explanations of the processes,
a glossary for technical phrases and perhaps most importantly, ways for you to get
involved.
, 1.2 What was the nature and implications of the ruling in South Africa‟s first climate
change case? (10) [20]
South Africa’s First Climate Change Case
Earthlife Africa Johannesburg v. The Minister of Environmental Affairs and others
In this case the High Court of South Africa, Gauteng Division, Pretoria ruled in favour
of Earthlife Africa Johannesburg on the basis that when granting an environmental
authorisation (EA) to the Thabametsi Power Project, a director of the Department of
Environmental Affairs (Chief Director) did not properly consider the climate change
impacts of the project.
Context
The National Environmental Management Act obliges the Chief Director to take into
account all of the relevant factors in deciding on an application for an EA. In February
2015, the Chief Director granted Thabametsi an EA after purportedly considering such
relevant factors. Earthlife subsequently appealed to the Minister of Environmental Affairs
against the grant of the EA on several grounds, including a failure by the Chief Director
to consider the climate change implications of Thabametsi.
In considering the appeal, the Minister recognised that the climate change impacts of
the proposed development were not "comprehensively assessed and/or considered"
prior to the issuance of the EA. She accordingly chose to amend the authorisation by
imposing a condition on Thabametsi, to undertake a climate change impact
assessment prior to the commencement of the project.
Earthlife then brought the matter before the High Court, arguing that it is a
mandatory pre-requisite of NEMA, that a climate change impact assessment should
be conducted and considered before the granting of an EA. Earthlife sought to have
both the decision to grant the EA and the appeal decision of the Minister, reviewed.
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