n Annual Survey of South African Law - Environmental law

Volume 2011, Issue 1
  • ISSN : 0376-4605



Two cases that were discussed in the equivalent chapter in the 2010 were taken on appeal during 2011. In ([2011] ZASCA 141), the Supreme Court of Appeal was faced with two issues. In essence these were whether the recipient of rights in terms of the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) required () approval of rezoning of the land in question in terms of the applicable provincial planning legislation, the Western Cape Land Use and Planning Ordinance 15 of 1985 (LUPO), and () an environmental authorization in terms of the National Environmental Management Act 107 of 1998 (NEMA). The court had decided that the mining rights (I am using this term to include all mining-related rights under the MPRDA) holder was legally required to comply with the requirements of both LUPO and NEMA. In other words, a decision to grant mining rights under the MPRDA did not trump the legal requirements of planning and environmental authorization.

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