Assignment

LEG2601/S1/2022 Answer the following three questions per the set of facts below: (Remember to apply your answer to the facts in this scenario) EnergyCo is a renewable energy company that specialise in clean, wind energy. They want to develop a new windfarm. EnergyCo purchase a 100-hectare farm for this purpose. Historic gravesites were discovered on a neglected portion of the farm. They also ignore the gravesites because "that portion of the farm was neglected anyway". The land lies adjacent to NorthSouth Game Reserve. (EnergyCo and NorthSouth Game Reserve are neighbours). EnergyCo believe it is a waste of time to consult with their neighbours, NorthSouth Game Reserve. NorthSouth Game Reserve become aware of the development for the first time when construction vehicles are seen on the farm. Question 1 Why is the presence of historical graves important? And what impact, if any, will this have on the proposed wind-energy development? (4) Question 2 Is it procedurally fair for EnergyCo to neglect consultation procedures with their neighbours, NorthSouth Game Reserve? Substantiate your answer with reference to the Promotion of Administrative Justice Act 3 of 2000. (10) Question 3 Assume that EnergyCo are granted all necessary environmental authorisations. What administrative measures are available to authorities should EnergyCo not comply with the conditions of their licence? (6)