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Pukka Chukka Farms CC v Department of Water Affairs and Forestry (WT12/10/2009) [2010] ZAWT 2 (17 May 2010)
The Water Tribunal dismissed an appeal against refusal of a Stream Flow Reduction Activity licence for commercial afforestation in the Matikulu River catchment.
Jarrett Pech Trust v Department of Water Affairs and Forestry (WT21/09/2006) [2009] ZAWT 20 (23 December 2009)
The Water Tribunal held that the appellant’s eucalyptus plantation was a forest/afforestation and a stream flow reduction activity requiring a licence.
Champagne Falls (Pty) Limited v Department of Water Affairs and Forestry (WT28/08/2006) [2009] ZAWT 5 (17 November 2009)
The Tribunal found no direct evidence that the appellant's afforestation was established for commercial purposes. The respondent's reliance on the size of the plantation was insufficient to infer commercial intent, as the evidence was equally consistent with soil stabilization. Without commercial purpose, the activity does not constitute a water use as defined by section 21 of the National Water Act and thus does not require authorisation under section 22. The Tribunal, acting within its statutory powers, concluded that the directive issued against the appellant was not lawfully justified and…
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