• The unique assignment number is not important as the assignment will 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
o 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 Referencing Guide under the
“Additional Resources” tab on Moodle)
• Marks are specifically awarded for application.
LEG2601/S1/2022
3
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?