Industrial Zone (Pty) Ltd v MEC for Economic Development, Environment, Agriculture and Rural Affairs, Gauteng and Another

The Gauteng High Court upheld a decision by the MEC for Economic Development, Environment, Agriculture and Rural Affairs to grant environmental authorisation for a light industrial township in Johannesburg on the condition that a stream remain in its natural course, rejecting the developer's preference to divert it.

• The Gauteng High Court dismissed a judicial review application by Industrial Zone (Pty) Ltd, upholding the MEC's decision to grant environmental authorisation for a light industrial township provided that a stream on the property is kept in its natural course.
• Industrial Zone (Pty) Ltd proposed three options for the development of the land in Johannesburg, which contained a heavily polluted stream: the developer's preferred option to divert the stream to maximize land use, an alternative to divert the stream using a cement-lined canal, and an alternative to leave the stream in its course and build a bridge over it.
• The court found the Department's decision to refuse the diversion of the stream to be reasonable and rational under the Promotion of Administrative Justice Act (PAJA), noting the decision was connected to the lawful purpose of environmental protection.
• The court stated that Industrial Zone, as the landowners, maintained a duty to rehabilitate the stream regardless of whether the stream was diverted.

APA

Danjelle (2023). Industrial Zone (Pty) Ltd v MEC for Economic Development, Environment, Agriculture and Rural Affairs, Gauteng and Another. Centre for Environmental Rights. https://cer.org.za/virtual-library/judgments/high-courts/industrial-zone-pty-ltd-v-mec-for-economic-development-environment-agriculture-and-rural-affairs-gauteng-and-another

Chicago

Danjelle. Industrial Zone (Pty) Ltd v MEC for Economic Development, Environment, Agriculture and Rural Affairs, Gauteng and Another. Centre for Environmental Rights, 2023. https://cer.org.za/virtual-library/judgments/high-courts/industrial-zone-pty-ltd-v-mec-for-economic-development-environment-agriculture-and-rural-affairs-gauteng-and-another.

Wikipedia

{{cite report |last1=Danjelle |title=Industrial Zone (Pty) Ltd v MEC for Economic Development, Environment, Agriculture and Rural Affairs, Gauteng and Another |publisher=Centre for Environmental Rights |date=25 April 2023 |url=https://cer.org.za/virtual-library/judgments/high-courts/industrial-zone-pty-ltd-v-mec-for-economic-development-environment-agriculture-and-rural-affairs-gauteng-and-another |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{danjelle2023industrial, author = {Danjelle}, title = {{Industrial Zone (Pty) Ltd v MEC for Economic Development, Environment, Agriculture and Rural Affairs, Gauteng and Another}}, institution = {Centre for Environmental Rights}, year = {2023}, month = apr, url = {https://cer.org.za/virtual-library/judgments/high-courts/industrial-zone-pty-ltd-v-mec-for-economic-development-environment-agriculture-and-rural-affairs-gauteng-and-another}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }