African Realty Trust (Pty) Ltd v Acting Director-General Department of Water and Sanitation (WT03/20/LMP) [2021] ZAWT 1 (9 March 2021)

African Realty Trust (Pty) Ltd v Acting Director-General Department of Water and Sanitation (WT03/20/LMP) [2021] ZAWT 1 (9 March 2021)

The Tribunal found that the Respondent's refusal of the water use licence was based on outdated information and failed to consider the specific facts and expert evidence presented by the Appellant. The proposed dams would not result in additional abstraction from the Letaba River, but would facilitate more efficient use of the Appellant's existing allocation. Hydrological and environmental studies confirmed negligible impact on the catchment and downstream users. The Respondent did not exercise its statutory powers to request further information or conduct its own investigation, and its reasons for refusal were irrelevant and unsubstantiated. The Tribunal held that the Appellant met all...

Citation
[2021] ZAWT 1
Parties
Appellant: African Realty Trust (Pty) Ltd; Respondent: Acting Director-General: Department of Water and Sanitation
Court
Water Tribunal
Jurisdiction
South Africa
Judgment Date
9 March 2021
Case Number
WT03/20/LMP
Procedural Posture
Civil Appeal / Appeal Against Refusal of Water Use Licence
Outcome
Appeal upheld. Water use licence granted to the Appellant.
Judges
T. Murombo, U. Mbeki
Legal Topics
Water Use Licensing, National Water Act, Environmental Authorisation, Administrative Reasonableness, Balancing Storage Dams, Compulsory Licensing
Administrative Law Environmental Law Land and Property Water Use Licensing National Water Act Environmental Authorisation Administrative Reasonableness Balancing Storage Dams +1 more

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Parties

African Realty Trust (Pty) Ltd

Appellant

Acting Director-General: Department of Water and Sanitation

Respondent

Procedural Posture

Civil Appeal / Appeal Against Refusal of Water Use Licence

Legal Issues

  1. 1 Whether the Respondent was correct in declining the water use licence application on the basis of water stress and impact on major dams.
  2. 2 Whether the Appellant complied with legislative requirements for the granting of a water use licence under the National Water Act.

Ratio Decidendi

The Tribunal found that the Respondent's refusal of the water use licence was based on outdated information and failed to consider the specific facts and expert evidence presented by the Appellant. The proposed dams would not result in additional abstraction from the Letaba River, but would facilitate more efficient use of the Appellant's existing allocation. Hydrological and environmental studies confirmed negligible impact on the catchment and downstream users. The Respondent did not exercise its statutory powers to request further information or conduct its own investigation, and its reasons for refusal were irrelevant and unsubstantiated. The Tribunal held that the Appellant met all...

Court Disposition

Appeal upheld. Water use licence granted to the Appellant.

Orders

  • The Respondent is directed within thirty (30) days to issue to the Appellant a Water Use Licence in accordance with application number WU7973, file number 27/2/1/B381/7/2 submitted on 28 March 2018, subject to standard and specific conditions applicable to the proposed storage dams.
  • No conditions may be imposed that are not based on the documents forming part of the record of appeal, including the transcript of evidence and argument.