Global Environmental Trust and Others v Tendele Coal Mining (Pty) Ltd and Others (11488/17P) [2018] ZAKZPHC 62; [2019] 1 All SA 176 (KZP) (20 November 2018)

Global Environmental Trust and Others v Tendele Coal Mining (Pty) Ltd and Others (11488/17P) [2018] ZAKZPHC 62; [2019] 1 All SA 176 (KZP) (20 November 2018)

The court found that Tendele Coal Mining (Pty) Ltd commenced mining operations lawfully under mining rights and EMPs approved prior to the December 2014 amendments introducing the One Environmental System. Section 12(4) of the NEMA Amendment Act deems such EMPs to be environmental authorisations under NEMA, permitting continuation of mining. The applicants failed to identify specific unlawful activities or provide substantiated evidence of non-compliance. Municipal land use approval and waste management licences are not required for pre-existing mining operations under the relevant transitional provisions. Past non-compliance regarding graves was acknowledged, but ongoing cooperation with...

Citation
[2018] ZAKZPHC 62
Parties
Applicant: Global Environmental Trust; Applicant: Mfolozi Community Environmental Justice Organisation; Applicant: Sabelo Dumisani Dladla; Respondent: Tendele Coal Mining (Pty) Ltd; Respondent: Minister of Minerals and Energy; Respondent: MEC: Department of Economic Development, Tourism and Environmental Affairs; Respondent: Minister of Environmental Affairs; Respondent: Mtubatuba Municipality; Respondent: Hlabisa Municipality; Respondent: Ingonyama Trust; Respondent: Ezemvelo KZN Wildlife; Respondent: Amafa aKwaZulu-Natali Heritage Council
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
20 November 2018
Case Number
11488/17P
Procedural Posture
Urgent Application / Judgment After Opposed Application for Interdict
Outcome
Application dismissed with costs, including costs of two counsel, payable jointly and severally by the applicants.
Judges
Seegobin
Legal Topics
Environmental Authorisation, Mining Rights, Municipal Land Use, Waste Management Licence, Heritage Protection, Interdict Requirements
Environmental Law Land and Property Administrative Law Environmental Authorisation Mining Rights Municipal Land Use Waste Management Licence Heritage Protection +1 more

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Parties

Global Environmental Trust

Applicant

Mfolozi Community Environmental Justice Organisation

Applicant

Sabelo Dumisani Dladla

Applicant

Tendele Coal Mining (Pty) Ltd

Respondent

Minister of Minerals and Energy

Respondent

MEC: Department of Economic Development, Tourism and Environmental Affairs

Respondent

Minister of Environmental Affairs

Respondent

Mtubatuba Municipality

Respondent

Hlabisa Municipality

Respondent

Ingonyama Trust

Respondent

Ezemvelo KZN Wildlife

Respondent

Amafa aKwaZulu-Natali Heritage Council

Respondent

Procedural Posture

Urgent Application / Judgment After Opposed Application for Interdict

Legal Issues

  1. 1 Whether Tendele Coal Mining (Pty) Ltd was required to obtain environmental authorisation under NEMA prior to commencing operations, and if so, whether statute permits continuation of mining pending compliance.
  2. 2 Whether an Environmental Management Programme (EMP) obtained under the MPRDA prior to December 2014 entitles Tendele to continue pre-existing mining operations.
  3. 3 Whether the KwaZulu-Natal Planning and Development Act, SPLUMA, and Mtubatuba SPLUMA Bylaws apply to Tendele, and whether requisite land use approvals were obtained.

Ratio Decidendi

The court found that Tendele Coal Mining (Pty) Ltd commenced mining operations lawfully under mining rights and EMPs approved prior to the December 2014 amendments introducing the One Environmental System. Section 12(4) of the NEMA Amendment Act deems such EMPs to be environmental authorisations under NEMA, permitting continuation of mining. The applicants failed to identify specific unlawful activities or provide substantiated evidence of non-compliance. Municipal land use approval and waste management licences are not required for pre-existing mining operations under the relevant transitional provisions. Past non-compliance regarding graves was acknowledged, but ongoing cooperation with...

Court Disposition

Application dismissed with costs, including costs of two counsel, payable jointly and severally by the applicants.

Orders

  • The application is dismissed with costs, including the costs of two counsel, payable jointly and severally by the applicants.