Nature's Choice Properties (Alrode) (Pty) Limited v Ekurhuleni Metropolitan Municipality (487/08)
Nature's Choice Properties (Alrode) (Pty) Limited v Ekurhuleni Metropolitan Municipality (487/08) [2009] ZASCA 90; [2010] 1 All SA 12 (SCA) ; 2010 (3) SA 581 (SCA) (11 September 2009)
The municipality's smoke control regulations requiring prior approval of plans and specifications for fuel burning appliances are intra vires the enabling Act. However, the municipality's refusal of the appellant's application to install a coal-fired boiler was unlawful because it was based solely on a preference for gas appliances, not on statutory emission criteria. The municipality was only entitled to refuse approval if the boiler failed to comply with emission standards under s 15(1) of the Act. Having elected to allow the appellant to submit plans and specifications, the municipality co…
Source excerpt
- Atmospheric Pollution Prevention Act
- Ultra Vires Regulations
- Municipal Powers
- Administrative Lawfulness
- Smoke Control Regulations