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South Africa Case Law

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Administrative Law [2022] ZAFSHC 19

Du Toit and Another v Hentiq 1083 (Pty) Ltd and Others (2078/2021)

Du Toit and Another v Hentiq 1083 (Pty) Ltd and Others (2078/2021) [2022] ZAFSHC 19 (11 February 2022)

The High Court ordered practical compliance with an environmental authorisation by requiring a notice board and measures limiting vehicle entry from Voortrekker Street.

  • Environmental Authorisation
  • National Environmental Management Act
  • Interdict
  • Interpretation Of Statutory Documents
  • Municipal Infrastructure Impact
  • Environmental-authorisation
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Environmental Law [2021] ZAECPEHC 64

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…

  • Environmental Authorisation
  • Commencement Of Activity
  • Interpretation Of Statutory Documents
  • Integrated Environmental Management
  • Site Preparation
  • Costs Award
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.