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

The Gauteng High Court dismissed a review application by Industrial Zone (Pty) Ltd, upholding the MEC's decision to require a stream to remain in its natural course rather than being diverted for a light industrial development. The court found the Department's decision to be rational and reasonable under the Promotion of Administrative Justice Act (PAJA), while noting that the landowner maintains a duty to rehabilitate the stream.

• The Gauteng High Court upheld the MEC's decision to grant environmental authorisation for a light industrial township in Johannesburg, specifically requiring that a stream on the property be left in its natural course instead of being diverted.
• The court determined that the Department's refusal to allow the diversion of the stream was reasonable and rational, as it aligned with the legal objective of environmental protection and the available information.
• The court clarified that landowners have an obligation to rehabilitate a stream regardless of whether the stream is diverted as part of a development.
• The court rejected the notion that providing alternative development options in an application constitutes a waiver of the applicant's right to their preferred option in an environmental authorisation.

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} }