Court : South Africa Supreme Court of Appeal
..... the environment, its objectives are noted as the following: protect ecologically sensitive natural areas create a municipal open space system, comprising ridges, mountains, rivers and dams respect the flood lines of the major rivers and dams enforce the conservation guidelines for the magaliesberg natural protected area (mnpa), kgaswane and vaalkop dam nature reserves only support urban development that is in line with the ..... notices in terms of the environment conservation act 73 of 1989.3the first declared the area a protected natural environment and the second identified a number of activities that could not be undertaken in the area except by virtue of a written approval from the administrator or the chief director: nature and environment conservation within the department of environmental affairs. ..... in october 1986, in terms of the environment conservation act 100 of 1982, the minister of environmental affairs and tourism issued directions which prohibited the building of structures and the subdivision of land within the area without ..... the relief sought in respect of any breach or threatened breach of any of the provisions of nema or of any provisions of a specific environmental act, or any other statutory provision concerned with the protection of the environment, if the court is of the opinion that a person or group of persons acted reasonably out of a concern for the public interest or in the interest of protecting the environment and it made due efforts to use other means .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... environmental authorisation in terms of ss 21, 22 and 26 of the environmental conservation act 73 of 1989 (eca), because the proposed development entailed a change of land use from agricultural use to another use ..... as far as the functionality of the corridor between the rivers is concerned, it seems to me that this type of dispute cries out for independent specialist input (which it was open to the [mec] to call for).. . ..... law remains, as we see it, that when a functionary is entrusted with a discretion,the weight to be attached to particular factors, or how far a particular factor affects the eventual determination of the issue, is a matter for the functionary to decide, and as he acts in good faith (and reasonably and rationally) a court of law cannot interfere. ..... a rent board will attach to particular factors or how far it will allow any particular factor to affect its eventual determination of a reasonable rent is a matter for it to decide in the exercise of the discretion entrusted to it and, so long as it acts bona fide, a court of law cannot interfere. ..... the mec shared the opinion of his department that the proposed development was detrimental to the biodiversity of the area, and to an environmental corridor between two rivers. ..... that the mec had taken into account irrelevant considerations, and left out of account relevant considerations, when making his decision, which is a ground for review under s 6(2)(e)(iii) of the promotion of administrative justice act 3 of 2000 (paja). .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that (i) prevent pollution and ecological degradation; (ii) promote conservation; and (iii) secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development. ..... (1) reads: the minister may at any time and in respect of any dispute between any person relating to any matter contemplated in this act, at the request of a person involved or on the ministers own initiative, direct that the persons concerned attempt to settle their dispute ..... 3 declares that the national government, acting through the minister, is the public trustee of the nations water resources and must ensure that water is, inter alia, protected, conserved and managed in a sustainable and ..... retailers association of southern africa v director-general: environmental management, department of agriculture, conservation and environment, mpumalanga province and others [2007] zacc 13; 2007 (6) sa 4 ..... shaft is to be collected and removed to surface by harmony gold mining company limited, reused by harmony gold mining company limited in a legal and approved manner in terms of chapter 4 of the national water act 36 of 1998, and the cost for such collection, removal and re-use is to be carried by harmony gold mining company limited; b. ..... own land on which it operated shafts one to seven of its vaal river operations at orkney in the kosh area. .....
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