Minister of Mineral Resources v Stern and Others; Treasure the Karoo Action Group and Another v Department of Mineral Resources and Others (1369/2017; 790/2018)
Minister of Mineral Resources v Stern and Others; Treasure the Karoo Action Group and Another v Department of Mineral Resources and Others (1369/2017; 790/2018) [2019] ZASCA 99; [2019] 3 All SA 684 (SCA) (4 July 2019)
The Supreme Court of Appeal held that the Minister of Mineral Resources was not empowered to make the Petroleum Regulations relating to environmental matters, as those powers had been transferred to the Minister of Environmental Affairs under the One Environmental System and NEMA. The repeal of section 107(1)(a) of the MPRDA divested the Minister of Mineral Resources of the power to regulate environmental impacts of petroleum exploration and production. The majority of the Petroleum Regulations were ultra vires, and severance of invalid provisions was impractical and would result in incoheren…
Source excerpt
- Ultra Vires Regulations
- Environmental Authorisation
- One Environmental System
- Judicial Review
- Public Participation
- Ministerial Powers