Elderberry Investments (Pty) Ltd and Another v Department of Economic Development and Environmental Affairs and Others (2919/21)
Elderberry Investments (Pty) Ltd and Another v Department of Economic Development and Environmental Affairs and Others (2919/21) [2021] ZAECPEHC 64 (2 December 2021)
The court held that the Environmental Authorisation had not lapsed. It found that the definition of 'commence' in both the Authorisation and NEMA is inclusive and encompasses any physical activity in furtherance of the listed activity, including site preparation. The Applicants undertook site preparation activities within the prescribed period, which constituted commencement. The court rejected the Respondents' narrow interpretation that only the installation of underground tanks would qualify. The court emphasised the need to interpret the Authorisation sensibly and in context, considering t…
Source excerpt
- Environmental Authorisation
- Commencement Of Activity
- Interpretation Of Statutory Documents
- Integrated Environmental Management
- Site Preparation
- Costs Award