Mpumalanga Tourism and Parks Agency and Another v Baberton Mines (Pty) Ltd and Others (216/2016)
Mpumalanga Tourism and Parks Agency and Another v Baberton Mines (Pty) Ltd and Others (216/2016) [2017] ZASCA 9; [2017] 2 All SA 376 (SCA); 2017 (5) SA 62 (SCA) (14 March 2017)
The Supreme Court of Appeal held that the 1996 Proclamation validly designated the Barberton Nature Reserve as a conservation area under provincial legislation, meeting the requirements of section 12 of NEMPAA. The court found that the area was indicated with sufficient certainty and that the High Court took an unduly narrow approach to the interpretation of the relevant proclamations and statutory provisions. As a result, the prospecting area falls within the protection afforded by section 48(1) of NEMPAA, prohibiting prospecting activities. The appeal was upheld, and Barberton Mines' applic…
Source excerpt
- Protected Areas
- Prospecting Rights
- Nature Reserve Designation
- Statutory Interpretation
- Mineral And Petroleum Resources Development Act
- National Environmental Management Protected Areas Act