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South Africa Case Law

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Environmental Law [2024] ZASCA 112

Gannet Works (Pty) Ltd and Others v Middleton Sue NO and Another (492/2023)

Gannet Works (Pty) Ltd and Others v Middleton Sue NO and Another (492/2023) [2024] ZASCA 112; 2024 (6) SA 57 (SCA); 2024 (2) SACR 588 (SCA) (16 July 2024)

The Supreme Court of Appeal held that the Marine Living Resources Act and its regulations not only specify the type of fishing activity but also the method to be used. The definition of 'angling' in the regulations, deemed included in the Act, requires recreational fishing by manually operating a rod, reel, and line. The use of remote-controlled motorised equipment such as drones falls outside the scope of 'manual operation' and is therefore not authorised for recreational angling. The public notice issued by the Deputy Director-General was a lawful clarification of the regulatory position an…

  • Marine Living Resources Act
  • Statutory Interpretation
  • Recreational Fishing Permits
  • Definition Of Angling
  • Administrative Notice
  • Lawful Methods Of Fishing
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Administrative Law [2022] ZAGPPHC 250

Gannet Works (Pty) Ltd and Others v Middleton N.O and Another (14880/2022)

Gannet Works (Pty) Ltd and Others v Middleton N.O and Another (14880/2022) [2022] ZAGPPHC 250 (12 April 2022)

The court found that the applicants satisfied the requirements for urgency due to the timing and economic impact of the notice. However, the substantive relief sought was dismissed. The court held that the definition of 'angling' in the Regulations, which forms part of the Act, clearly authorizes only recreational fishing by manually operating a rod, reel, and line. The use of bait-carrying drones and remote controlled boats falls outside the permitted method and is not authorized by recreational fishing permits endorsed for angling. The public notice did not alter the legal position but clar…

  • Interpretation Of Statutes
  • Marine Living Resources Act
  • Regulatory Notice
  • Recreational Fishing Permits
  • Judicial Deference
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