Escarpment Environment Protection Group and Another v Director General : Department of Water and Sanitation and Another (WT 03/17/MP) [2017] ZAWT 1 (27 November 2017)

Escarpment Environment Protection Group and Another v Director General : Department of Water and Sanitation and Another (WT 03/17/MP) [2017] ZAWT 1 (27 November 2017)

The Tribunal held that section 148(1)(f) of the National Water Act clearly limits standing to appeal to applicants and persons who have timeously lodged written objections against the water use licence application. The appellants admitted they did not lodge any objection, and their reasons for failing to do so, including lack of notification and information, do not suffice to confer standing. The authorities cited by the appellants concern persons who had lodged objections, not those who had not. The Tribunal found that extending standing to persons who never objected would impermissibly broaden the class of eligible appellants and misconstrue legislative intent. The Tribunal also noted...

Citation
[2017] ZAWT 1
Parties
Appellant: Escarpment Environment Protection Group; Appellant: Wonderfontein Community Association; Respondent: Director General: Department of Water and Sanitation; Respondent: Analisa Mining Industrial Services CC
Court
Water Tribunal
Jurisdiction
South Africa
Judgment Date
27 November 2017
Case Number
WT 03/17/MP
Procedural Posture
Appeal Ruling / Preliminary Ruling on Locus Standi
Outcome
Appeal dismissed for lack of locus standi.
Judges
T. Murombo, L. Mbanjwa, F. Zondagh
Legal Topics
Water Use Licence, Locus Standi, Public Participation, Procedural Fairness, National Water Act, Written Objection Requirement
Administrative Law Environmental Law Water Use Licence Locus Standi Public Participation Procedural Fairness National Water Act Written Objection Requirement

Case Brief

Summary, issues, holding and outcome

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Parties

Escarpment Environment Protection Group

Appellant

Wonderfontein Community Association

Appellant

Director General: Department of Water and Sanitation

Respondent

Analisa Mining Industrial Services CC

Respondent

Procedural Posture

Appeal Ruling / Preliminary Ruling on Locus Standi

Legal Issues

  1. 1 Whether the appellants have locus standi to lodge an appeal to the Water Tribunal under section 148(1)(f) of the National Water Act despite not having lodged a written objection to the water use licence application.
  2. 2 Whether the failure of the responsible authority to invite public participation or provide information affects the appellants' standing to appeal.
  3. 3 Whether the appeal is moot due to the lapse of the water use licence validity.

Ratio Decidendi

The Tribunal held that section 148(1)(f) of the National Water Act clearly limits standing to appeal to applicants and persons who have timeously lodged written objections against the water use licence application. The appellants admitted they did not lodge any objection, and their reasons for failing to do so, including lack of notification and information, do not suffice to confer standing. The authorities cited by the appellants concern persons who had lodged objections, not those who had not. The Tribunal found that extending standing to persons who never objected would impermissibly broaden the class of eligible appellants and misconstrue legislative intent. The Tribunal also noted...

Court Disposition

Appeal dismissed for lack of locus standi.

Orders

  • The appellants did not timeously or at all lodge any written objections to the water use licence application by the second respondent.
  • The appellants do not have legal standing to lodge this appeal.