Endangered Wildlife Trust and Another v Director General: Department of Water and Sanitation (Acting) and Another
Endangered Wildlife Trust and Another v Director General: Department of Water and Sanitation (Acting) and Another [2023] ZAGPPHC 310; A155/2019 (10 May 2023)
The court found that the Water Tribunal had properly considered and balanced all relevant statutory and constitutional factors, including environmental sensitivity, strategic water source status, mitigation measures, and socio-economic impacts. The Tribunal did not err in law regarding the requirement for landowner consent, the application of the precautionary principle, or the provision for post-closure water treatment. The Tribunal's decision was informed by expert evidence, public participation, and compliance with national policy and legislative frameworks. The precautionary principle was…
Source excerpt
- Water Use Licence
- Precautionary Principle
- Protected Areas
- Burden Of Proof
- Sustainable Development
- Mining Authorisation