B P Southern Africa (Pty) Limited v MEC for Agriculture, Conservation Environment & Land Affairs (03/16337)
B P Southern Africa (Pty) Limited v MEC for Agriculture, Conservation Environment & Land Affairs (03/16337) [2004] ZAGPHC 38; [2004] 3 All SA 201 (W); 2004 (5) SA 124 (W) (1 May 2004)
The court held that the Department's mandate in considering applications for environmental authorisation is broad, encompassing not only environmental but also social and economic factors, as required by the Constitution, ECA, NEMA, and DFA. The Department was entitled to adopt and apply guidelines, including the distance stipulation, provided it did not do so rigidly or to the exclusion of other relevant considerations. The evidence showed that the Department considered multiple factors and did not apply the distance stipulation as an absolute rule. The Department's decision was reasonable,…
Source excerpt
- Environmental Authorisation
- Guidelines In Administrative Decision
- Distance Stipulation
- Sustainable Development
- Judicial Review
- Constitutional Right To Environment