Pilanesberg Platinum Mines (Pty) Ltd v Chief Director: Mineral Regulations, Department of Mineral Resources and Others (61752/2013)
Pilanesberg Platinum Mines (Pty) Ltd v Chief Director: Mineral Regulations, Department of Mineral Resources and Others (61752/2013) [2014] ZAGPPHC 590 (29 July 2014)
The court found that the First Respondent acted ultra vires by imposing conditions requiring financial provision for rehabilitation based on the original EMP after approving amendments to the closure objectives. The conditions were not rationally connected to the information before the First Respondent, nor to the reasons given, and failed to consider relevant expert evidence supporting the feasibility of the amended closure objectives. The First Respondent's reliance on a worst-case scenario was unsupported and unreasonable. The statutory framework requires financial provision to be made in…
Source excerpt
- Promotion Of Administrative Justice Act
- Mineral And Petroleum Resources Development Act
- Environmental Management Programme
- Mine Closure Liability
- Ultra Vires Decision
- Financial Provision For Rehabilitation