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South Africa Case Law

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Environmental Law [2021] ZAECPEHC 64

Elderberry Investments (Pty) Ltd and Another v Department of Economic Development and Environmental Affairs and Others (2919/21)

Elderberry Investments (Pty) Ltd and Another v Department of Economic Development and Environmental Affairs and Others (2919/21) [2021] ZAECPEHC 64 (2 December 2021)

Court
Eastern Cape High Court, Port Elizabeth
Case number
2919/21
Judge
S Mfenyana

The court held that the Environmental Authorisation had not lapsed. It found that the definition of 'commence' in both the Authorisation and NEMA is inclusive and encompasses any physical activity in furtherance of the listed activity, including site preparation. The Applicants undertook site preparation activities within the prescribed period, which constituted commencement. The court rejected the Respondents' narrow interpretation that only the installation of underground tanks would qualify. The court emphasised the need to interpret the Authorisation sensibly and in context, considering t…

Source excerpt

  • Environmental Authorisation
  • Commencement Of Activity
  • Interpretation Of Statutory Documents
  • Integrated Environmental Management
  • Site Preparation
  • Costs Award
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Environmental Law [2010] ZAWCHC 197

Joint Owner of Remaider ERF 5216 Hartenbos v MEC of Local Goverment, Environmental Affairs and Develoment Planning, Western Cape Province and Another (23635/2009)

Joint Owner of Remaider ERF 5216 Hartenbos v MEC of Local Goverment, Environmental Affairs and Develoment Planning, Western Cape Province and Another (23635/2009) [2010] ZAWCHC 197; 2011 (1) SA 128 (WCC) (2 September 2010)

Court
Western Cape High Court, Cape Town
Case number
23635/2009
Judge
Baartman

The court held that the applicants failed to demonstrate a direct connection between the filling and compacting of the depression and each listed activity for which exemption from environmental authorisation was sought. The statutory threshold for commencement is low, but there must be evidence that the physical activity advances each listed activity specifically, not merely the development as a whole. The applicants did not establish such links. Furthermore, the earthworks constituted partial construction of a road within a sensitive area as defined by the ECA regulations. The applicants did…

Source excerpt

  • Environmental Authorisation
  • Listed Activities
  • Sensitive Area
  • Statutory Interpretation
  • Earthworks
  • Site Preparation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.