Environmental law

Acid mine drainage treatment plant ­

Application for interdict ­
Precautionary principle ­
Court, in assessing what the appropriate approach was to granting interim relief in these circumstances, had to
consider whether to take a more cautious approach in refusing or granting the relief ­
Precautionary principle is applicable where due to unavailable scientific knowledge there is uncertainty as to the future impact of the
proposed development ­
Court concluded that the consequences of interdicting the current works could have a catastrophic effect. Space Securitisation (Pty)
Limited v Trans Caledon Tunnel Authority and others [2013] 4 All SA 624 (GSJ)
Allocation of fishing rights ­
Differentiation between different applicants justified in light of legislative requirements relating to transformation within
the industry. Minister of Environmental Affairs and Tourism and another v Scenematic Fourteen (Pty) Ltd [2005] 2 All
SA 239 (SCA)
Application for approval of development of filling station ­
Environmental impact assessment ­
Factors to be considered ­
Weight to be attached to environmental factors ­
Economic factors ­
Relevance. BP Southern Africa (Pty) Ltd v MEC for Agriculture, Conservation, Environment & Land Affairs [2004] 3 All SA 201
(W)
Application to compel municipality to take all reasonable steps to remediate a river affected by flash floods ­
Section 24 of the Constitution of the Republic of South Africa, 1996 ­
Right of individuals to an environment not harmful to health or wellbeing and to have the environment protected, for
the benefit of present and future generations, through legislative and other measures ­
Municipality having constitutional and statutory obligations and duties to the applicants in the above regard ­
Court issuing order directing municipality to take steps required by applicants. Propshaft Master (Pty) Ltd and others v Ekurhuleni
Metropolitan Municipality and others [2017] 4 All SA 901 (GJ)
Atmospheric Pollution Prevention Act 45 of 1965 ­
Smoke control regulations ­
Application for installation of boiler ­
Plans and specifications for installation of boiler required ­
Failure to comply ­
Atmospheric Pollution Prevention Act 45 of 1965 prohibits burners that emit smoke and grit, and if smoke is emitted in
contravention of any regulation, the local authority may call on the owner or occupier to cease the emission of the smoke.
Nature's Choice Properties (Alrode) (Pty) Ltd v Ekurhuleni Metropolitan Municipality [2010] 1 All SA 12 (SCA)
Coastal environment ­
Granting of exploration right to conduct seismic survey ­
Whether decision to grant exploration right was lawful ­
Where decision was not preceded by fair procedure and decision­maker failed to take relevant considerations into
account and to comply with relevant legal prescripts, decision set aside on review. Sustaining the Wild Coast
NPC and others v Minister of Mineral Resources and Energy and others [2022] 4 All SA 533 (ECG)
Conservation ­
Protection of rhinoceros ­
Moratorium on domestic trade in rhino horn ­
Review ­
Whether it was necessary to consult with the second applicant or any other rhino breeder personally before the moratorium was put in
place ­
Court confirmed that the Minister was under no such obligation and that the procedure followed by the Minister was fair. Krüger and
another v Minister of Water and Environmental Affairs and others [2016] 1 All SA 565 (GP)
Construction of nuclear reactor ­
Environment Conservation Act 73 of 1989 ­
Section 22 ­
Minister of Environmental Affairs and Tourism may identify activities which in his opinion may have a substantial
detrimental effect on the environment ­
Once activities are identified, nobody may then undertake any of them without authorisation in terms of section 22. Earthlife Africa
(Cape Town) v Director­General: Department of Environmental Affairs & Tourism and another [2006] 2 All SA 44 (C)
Construction of petrol filling station ­
Environment Conservation Act 73 of 1989 ­
Section 22 ­
Minister of Environmental Affairs and Tourism may identify activities which in his opinion may have a substantial
detrimental effect on the environment ­
Once activities are identified, nobody may then undertake any of them without authorisation in terms of section 22. MEC for Agriculture,
Conservation, Environment and Land Affairs v Sasol Oil (Pty) Ltd and another [2006] 2 All SA 17 (SCA)
Construction of petrol filling station ­
Where construction proceeded contrary to conditions imposed by provincial authority, such construction was unlawful.
Thomas v Head of the Department of Agriculture, Conservation, Environment, Tourism, North West Province and
others [2008] 1 All SA 392 (T)
Construction of petrol filling station ­
Whether filling station is a "storage" or "handling" facility for petroleum products ­
Confirmation of such nature of filling station resulting in relevant MEC having the power to refuse authorisation for its
construction. MEC for Agriculture, Conservation, Environment and Land Affairs v Sasol Oil (Pty) Ltd and another
[2006] 2 All SA 17 (SCA)
Corporate social responsibility ­
Access to information regarding activities of private company whose activities impacted on the environment ­
Culture of openness and ecological sensitivity emphasised ­
Legislature recognising, in the field of environmental protection, the importance of consultation and interaction with
the public. Company Secretary of Arcelormittal South Africa and another v Vaal Environmental Justice Alliance
[2015] 1 All SA 261 (SCA)
Decision by Minister affecting commercial fishing of abalone ­
Review of decision ­
Court finding no grounds upon which to review decision. Fisher and another v The President of the RSA and another
[2008] 4 All SA 189 (C)
Development in conservation area ­
Granting of ex post facto environmental authorisation ­
National Environmental Management Act 107 of 1998 ­
Section 24G(1) ­
Review application ­
Impugned decision not shown to be reviewable ­
Failure to consider Environmental Management Framework in circumstances of case inconsequential ­
No costs order against conservation group acting in the public interest. Magaliesberg Protection Association v MEC:
Department of Agriculture, Conservation, Environment and Rural Development, North West Provincial Government and
others [2013] 3 All SA 416 (SCA)
Development of land ­
Whether land constituting "virgin land" as contemplated in item 10 of Schedule 1 of Regulation 1182 issued in terms of
the Environmental Conservation Act 73 of 1989 ­
Virgin land refers only to agricultural land. HTF Developers (Pty) Ltd v Minister of Environmental Affairs and Tourism
and others [2007] 4 All SA 1108 (SCA)
Dumping of landfill on property ­
Interference with floodplain ­
Contravention of Stormwater Management By­Law of 2005 ­
City authorised in terms of sections 10(1) and 10(3) of the Stormwater By­law to enter upon the property and to
undertake the necessary work to remove the soil, general rubble and fill placed on the land. City of Cape Town
v Really Useful Investments 219 (Pty) Ltd [2018] 2 All SA 65 (WCC)
Duties imposed on Minister of Water and Environment Affairs by National Management: Biodiversity Act 10 of 2004 ­
Failure by Minister to publish a national list of alien and invasive species and regulations within the time required by
section 70(1)(a) of National Management: Biodiversity Act ­
High Court issuing order requiring Minister to ensure that all organs of State in every sphere of government,
discharge relevant duties ­
Court concluded that having regard to principles of legality, separation of powers and co­operative government, it
was not competent for the High Court to make such declaratory orders. Minister of Water and Environmental
Affairs v Kloof Conservancy [2016] 1 All SA 676 (SCA)
Energy and environment ­
Degradation of land in property development ­
Directive aimed at environmental preservation and protection ­
Claim for compensation in terms of section 34 of the Environmental Conservation Act 73 of 1989, flowing from
inability to develop land after complying with directive ­
Section 34 provides a statutory right to compensation in restricted circumstances ­
Such a claim can only succeed if that power was exercised unlawfully, negligently or in bad faith and is not applicable to a regulatory
directive issued in terms of section 31A of the Act. Minister of Water and Environmental Affairs and another v Really Useful
Investments No 219 (Pty) Ltd and another [2017] 1 All SA 14 (SCA)
Environment Conservation Act 73 of 1989 ­
Contravention of section 22(1) read with sections 21(1) and 29(4) of the of Environmental Conservation Act 73 of 1989 ­
Private prosecution ­
Defence of lack of title to prosecute ­
Notice in terms of section 33(2) of the National Environmental Management Act 107 of 1998 was defective because it failed to identify
the accused or the alleged offence with sufficient accuracy. Uzani Environmental Advocacy CC v BP South Africa (Pty) Ltd [2019] 2
All SA 881 (GP)
Environment Conservation Act 73 of 1989 ­
Section 31(A) ­
Minister of Economic Affairs, Environment and Tourism bringing interdict in terms of section 31(A) ­
At time of bringing interdict, Minister had not formed opinion that activity of respondent would seriously damage,
endanger or detrimentally affect the environment ­
Court finding that such opinion was a prerequisite to the exercise of the powers conferred by section 31(A) ­
Minister not having rights in terms of the Act without forming such opinion and interdict accordingly not granted. MEC for
Economic Affairs Environment and Tourism v Mackay Bridge Farm CC [1996] 3 All SA 340 (SE)
Section 31(A) ­
Meaning of "opinion" ­
More than a belief or even a firm belief ­
Opinion required is a conclusion reached after due deliberation and due application of the mind. MEC for Economic Affairs Environment
and Tourism v Mackay Bridge Farm CC [1996] 3 All SA 340 (SE)
Until such time as Environment Conservation Act was applied by a law of a competent authority to the whole of the
national territory, it would apply only to that part of the national territory in which it was in force immediately before
the commencement of the interim Constitution. Wildlife Society of Southern Africa and others v Minister of
Environmental Affairs and Tourism of the Republic of South Africa and others [1996] 3 All SA 462 (Tk)
Environmental authorisation ­
Requirements for the amendment of environmental authorisations on application by holders of such authorisations set
out in Regulations promulgated under the National Environment Management Act 107 of 1998 ­
In the absence of jurisdictional facts, amendment of authorisation invalid. Eye of Africa Developments (Pty) Ltd v
Shear [2012] 2 All SA 32 (SCA)
Environmental authorisation for mining activity ­
National Environmental Management Act 107 of 1998 ­
Alleged contraventions ­
Whether national, water, provincial and mining inspectors had concurrent jurisdiction to monitor compliance with,
and enforce, the provisions of the National Environmental Management Act insofar as they related to mining or
whether only mining inspectors might do so ­
Although the mandates of national inspectors, water inspectors and provincial inspectors may overlap, efficient administration is
generally better served by non­overlapping mandates. Mineral Sands Resources (Pty) Ltd v Magistrate for the District of Vredendal,
Kroutz NO and others [2017] 2 All SA 599 (WCC)
Environmental Impact Assessment ­
Effect of identified activities on land which has been declared a nature area ­
Purpose of Environmental Impact Assessment ­
Cannot be used for any purpose other than that intended by the legislature ­
Also cannot be commissioned once the activity for which authorisation is required has already occurred. Silvermine Valley Coalition v
Sybrand van der Spuy Boerderye and others [2002] 1 All SA 10 (C)
Environmental protection ­
Trees ­
Overhanging branches ­
Encroaching root systems ­
Conservation issues to ne weighed against nuisance issues. Vogel v Crewe and another [2004] 1 All SA 587 (T)
First respondent had standing to seek removal of occupants' livestock on land overgrazed in violation of Conservation of
Agricultural Resources Act 43 of 1983 ("CARA") ­
Labour tenants not exempt from CARA ­
Removal of animals in terms of CARA not an eviction for purposes of Land Reform (Labour Tenants) Act 3 of 1996.
Minister of Rural Development and Land Reform v Normandien Farms (Pty) Ltd and others; Mathimbane and others
v Normandien Farms (Pty) Ltd and others [2018] 1 All SA 390 (SCA)
Fishing ­
Allocation of quotas ­
Application for review ­
Applicants alleging that as historically disadvantaged companies, they should have received larger quotas ­
Grounds of review not sustainable. Minister of Environmental Affairs and Tourism and others v Phambili Fisheries (Pty) Ltd and another
[2003] 2 All SA 616 (SCA)
Commercial fishing rights ­
Appeal against setting aside of granting of right ­
Decision to grant fishing right procedurally unfair as other applicants not given opportunity to state case. Minister
of Environmental Affairs & Tourism and others v Atlantic Fishing Enterprises (Pty) Ltd and others [2004] 1 All
SA 591 (SCA)
Marine resources ­
West Coast rock lobster ­
Total allowable catch ­
Section 14 of the Marine Living Resources Act 18 of 1998 ­
Setting of ­
Review ­
Deputy Director General failed to have regard to mandatory objectives and principles concerning the need for lobster to be
protected from over­exploitation and for the exploitation of lobster to be ecologically sustainable ­
Court held that the Deputy Director General acted arbitrarily and irrationally, failed to observe the mandated
precautionary approach, and made a decision which no reasonable person could have made which resulted in the
determination of the total allowable catch for West Coast rock lobster to be declared invalid and to be set aside. WWF
South Africa v Minister of Agriculture, Forestry and Fisheries and others (South African Small­Scale Fisheries
Collective as amicus curiae) [2018] 4 All SA 889 (WCC)

Guidelines issued in respect of the authorisation of petrol filling stations intended to regulate only the handling and storage
of petroleum products and not the erection of filling stations ­
Where MEC refused to authorise construction of filling station, such decision was taken for a reason not authorised by the
empowering provision and was therefore invalid. Sasol Oil (Pty) Ltd and another v Metcalfe NO [2006] 2 All SA 329
(W)
Issue of compliance notices and directives in respect of proposed development of property ­
Respondents not entitled to merely ignore the notices without raising a proper legal challenge thereto. Khabisi NO and
another v Aquarella Investment 83 (Pty) Ltd and others [2007] 4 All SA 1439 (T)
Landfill site ­
Environmental authorisation ­
An appeal under sections 35(3) and (4) of the Environment Conservation Act 73 of 1989 against a decision of an
officer or employee exercising delegated authority in an application for an environmental authorisation under
section 22, involves a complete rehearing and a fresh determination of the merits of the application ­
Appeal authority is free to substitute his own decision for the decision under appeal. Astral Operations Ltd t/a
Country Fair Foods and others v Minister for Local Government, Environmental Affairs and Development
Planning (Western Cape) and others [2022] 3 All SA 1 (SCA)
Marine Living Resources Act 18 of 1998 ­
Regulation 52(a) ­
Prohibition against being in possession of east coast rock lobster the carapace of which is less than 65mm long.
Cameron v S [2005] 3 All SA 18 (SCA)
Marine protected area ­
Criminalising of fishing ­
Customary law rights ­
Status of customary law ­
Whether the appellants proved that they were exercising customary rights of access to and use of marine resources when offence was
committed ­
Whether the Marine Living Resources Act 18 of 1998 extinguished those rights ­
Whether the appellants' conduct was unlawful ­
Exercising a customary right to fish, not unlawful. Gongqose and others v Minister of Agriculture, Forestry and Fisheries and
others; Gongqose and others v S [2018] 3 All SA 307 (SCA)
Mining, Minerals & Energy ­
Regulations for Petroleum Exploration and Production ­
Application for review and setting aside on ground that Minister of Mineral Resources was not authorised to make such
regulations ­
Court rejecting submission that a 2008 amendment to the Mineral and Petroleum Resources Development Act 28
of 2002 resulted in the Minister of Mineral Resources no longer having the power to make regulations regarding
the management of the environmental impact of petroleum exploration and production. Treasure Karoo Action
 Group and another v Department of Mineral Resources and others [2018] 3 All SA 896 (GP)
National Environmental Management Act 107 of 1998 ­
Section 24 ­
Failure to consider and apply provisions in approving building plans an irregularity. Self and others v Munisipaliteit van
Mosselbaai and another [2006] 2 All SA 518 (C)
Pollution ­
Remedies available where provisions of National Environmental Management Act 107 of 1998 are breached ­
Although court is able to grant appropriate relief under section 32(1), constitutional relief may not be granted where
common­law remedies are not proven to be inadequate. Hichange Investments (Pty) Ltd v Cape Produce Company
(Pty) Ltd t/a Pelts Products and others [2004] 1 All SA 636 (E)
Prohibition of hunting of captive­bred lions ­
Publishing of regulations by Minister of critically endangered, endangered, vulnerable and protected species as provided
for in the National Environmental Management: Biodiversity Act 10 of 2004 ­
Minister's decision found to be irrational and prohibition lifted. SA Predator Breeders Association and others v Minister
of Environmental Affairs and Tourism [2011] 2 All SA 529 (SCA)
Protected environment ­
Mining activities ­
Review of consent ­
Sections 3 and 4 of the Promotion of Administrative Justice Act 3 of 2000 ­
Sections 3(2)(b), 4(1), 4(2) and 4(3) prescribe either adherence to direct audi alterem partem principles or public participation
respectively ­
In casu, impugned decisions were set aside, and the third respondent's application for written permission to conduct commercial
mining in the protected environment in terms of section 48(1)(b) of the National Environmental Management: Protected Areas
Act 57 of 2003 was remitted to the Ministers for reconsideration. Mining and Environmental Justice Community Network of
South Africa and others v Minister of Environmental Affairs and others [2019] 1 All SA 491 (GP)
Right in section 24 of Constitution to safe environment and to have environment protected
Operation by municipality of waste disposal site in contravention of environmental legislation and required norms and
prescripts constituting breach of duty of care and violation of section 24 of Constitution ­
Declaratory relief and structural interdict to ensure compliance with court's order warranted by municipality's conduct.
South African Human Rights Commission v Msunduzi Local Municipality and others [2021] 3 All SA 939 (KZP)
Rights to explore for shale gas using hydraulic fracturing ­
Objections against applications ­
Potentially adverse environmental impacts of hydraulic fracturing and the lack of proper regulation. Minister of Mineral
Resources v Stern NO and others and a related matter [2019] 3 All SA 684 (SCA)
Section 24 ­
Constitution of the Republic of South Africa Act 108 ­
Environmental rights are recognised as fundamental, justiciable human rights ­
Environmental considerations be accorded appropriate recognition and respect in the administrative processes in
our country. Director: Mineral Development, Gauteng Region and another v Save the Vaal Environment and
others [1999] 2 All SA 381 (A)
Section 24 of the National Environmental Management Act 107 of 1998 ­
Any activities specified by the Minister of Environmental Affairs require environmental authorisation before they may be
commenced with ­
Construction of coal­fired power station ­
Department of Environmental Affairs obliged to fully assess climate change impacts of a proposed coal­fired power
station before environmental authorisation could be granted ­
Section 24O(1)(b) of the National Environmental Management Act expressly requires, as a peremptory requirement, the competent
authority considering an application for an environmental authorisation to take into account all relevant factors. Earthlife Africa
Johannesburg v Minister of Environmental Affairs and others [2017] 2 All SA 519 (GP)
Seismic survey operations by oil company ­
Interim interdict ­
Applicants satisfying court that they had established a prima facie right; a reasonable apprehension of irreparable and
imminent harm of the right if the interim interdict was not granted; that the balance of convenience favoured the
granting of the interim interdict; and that they had no other satisfactory remedy. Sustaining the Wild Coast NPC v
Minister of Mineral Resources and Energy [2022] 1 All SA 796 (ECG)
Servitude ­
Negative environmental impact of construction of road as way of necessity ­
Stage at which such considerations become relevant. Jackson NO and others v Aventura Ltd and others [2005] 2 All
SA 518 (C)
Unlawful possession of perlemoen ­
Appeal against conviction ­
Resolution of dispute dependent on credibility of witnesses ­
No reason to interfere with trial court's credibility findings. Prinsloo en 'n ander v S [2002] 3 All SA 320 (C)