Black Gold Coal Estates (Pty) Ltd v Department Of Water And Sanitation and Another (WT 01/19/MP) [2021] ZAWT 7 (29 November 2021)
By agreement between the parties, the Water Tribunal set aside the decision of the Deputy Director-General: Special Projects refusing the appellant's integrated water use licence application. The Tribunal directed the Department to advise the appellant of any further requirements for reconsideration and imposed...
Source-derived case information.
- Citation
- [2021] ZAWT 7
- Parties
- Appellant: Black Gold Coal Estates (Pty) Ltd; Respondent: Department Of Water And Sanitation; Respondent: Director General: Special Projects
- Court
- Water Tribunal
- Jurisdiction
- South Africa
- Case Number
- WT 01/19/MP
- Procedural Posture
- Civil Appeal / Order by Consent
- Outcome
- Order by consent: the refusal decision is set aside and the application must be reconsidered subject to specified procedural steps.
- Judges
- Tumai Murombo, Unathi Mbeki
- Legal Topics
- Water Use Licensing, Administrative Review, Consent Order
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Black Gold Coal Estates (Pty) Ltd
Appellant
Department Of Water And Sanitation
Respondent
Director General: Special Projects
Respondent
Procedural Posture
Civil Appeal / Order by Consent
Legal Issues
- 1 Whether the refusal of the integrated water use licence application for Lusthof Colliery was lawful and procedurally fair.
- 2 What steps must be taken to reconsider the appellant's application for a water use licence.
Ratio Decidendi
By agreement between the parties, the Water Tribunal set aside the decision of the Deputy Director-General: Special Projects refusing the appellant's integrated water use licence application. The Tribunal directed the Department to advise the appellant of any further requirements for reconsideration and imposed timeframes for the reconsideration process and notification of the outcome. The order ensures procedural fairness and compliance with administrative law principles, allowing the appellant a fair opportunity to supplement its application and receive a reasoned decision.
Court Disposition
Order by consent: the refusal decision is set aside and the application must be reconsidered subject to specified procedural steps.
Orders
- The decision of the Deputy Director-General: Special Projects of the Department of Water and Sanitation dated 9 November 2018 refusing the appellant's application for an integrated water use licence for Lusthof Colliery is set aside.
- The First Respondent must advise the appellant on or before 31 January 2022 of any additional information, designs, or studies required to reconsider the application.
Full Case Text
Judgment text and source record
18 paragraphs
IN THE WATER TRIBUNAL
Appeal No: WT 01/19/MP
In the appeal between:
BLACK GOLD COAL ESTATES (PTY) LTD APPELLANT
AND
THE DEPARTMENT OF WATER AND SANITATION FIRST RESPONDENT
DIRECTOR GENERAL: SPECIAL PROJECTS SECOND
RESPONDENT
ORDER BY CONSENT
By agreement between the parties, confirmed at the hearing of the Water Tribunal by respective counsel for all the parties, it is ordered that:
1. The decision of the Deputy Director-General: Special Projects of the Department of Water and Sanitation of 9 November 2018 (Dept. Reference 16/2/7/W511/C/2), refusing the Appellant’s application for an integrated water use licence for the Lusthof Colliery be, and is hereby set aside.
2. The First Respondent undertakes, and is directed, to advise the Appellant on or before 31 January 2022 what, if any, additional information and/or designs and/or studies it requires from the Appellant to enable it to reconsider the Appellant’s application.
3. The Second Respondent undertakes, and is directed, to reconsider the Appellant’s application and notify the Appellant of its decision in regard thereto, within 120 days of the receipt of such additional information and/or designs and/or studies requested in terms of paragraph 2 above, such notification to be in writing accompanied by reasons for the decision.
DATED AT PRETORIA ON THIS 29th DAY OF NOVEMBER 2021.
TUMAI MUROMBO
Additional Member, Water Tribunal (Panel Chairperson)
UNATHI MBEKI
Additional Member, Water Tribunal.