ESCARPMENT ENVIRONMENTAL PROTECTION GROUP & WONDERFONTEIN ENVIRONMENTAL COMMITTEE v DEPARTMENT OF WATER AFFAIRS & EXARRO COAL (PTY) LTD, 2011 (UNREPORTED, WT 03/08/2010)

The Water Tribunal dismissed an appeal by the Escarpment Environmental Protection Group and the Wonderfontein Environmental Committee against a water use licence granted to Exarro Coal (Pty) Ltd. The ruling was based on the appellants' lack of locus standi under a strict interpretation of s 148(1)(f) of the National Water Act 36 of 1998.

• The Water Tribunal dismissed an appeal by the Escarpment Environmental Protection Group (EEPOG) and the Wonderfontein Environmental Committee to set aside a water use licence issued to Exarro Coal (Pty) Ltd on 25 January 2010. The licence had been applied for in 2008 following the acquisition of a mining right in Belfast from the Department of Minerals.
• The Tribunal's decision rested on the issue of locus standi, determining that the appellants lacked the standing to bring the action. The Tribunal rejected a liberal interpretation of s 148(1)(f) of the National Water Act 36 of 1998, stating that such an approach would be 'usurping the legislative powers of the legislature' and noting that neither the Constitution nor the Promotion of Administrative Justice Act, 2000 provide for internal appeal rights.
• The Department of Water Affairs failed to invite written comments from interested parties or require the applicant to do so, as envisioned by s 41(4) of the National Water Act 36 of 1998, despite the appellants lodging a written objection on 2 September 2008.

APA

Centre for Environmental Rights (2011). ESCARPMENT ENVIRONMENTAL PROTECTION GROUP & WONDERFONTEIN ENVIRONMENTAL COMMITTEE v DEPARTMENT OF WATER AFFAIRS & EXARRO COAL (PTY) LTD, 2011 (UNREPORTED, WT 03/08/2010). https://cer.org.za/wp-content/uploads/2011/12/EEPOG-v-DWAF-and-Exarro.pdf?x21779

Chicago

Centre for Environmental Rights. ESCARPMENT ENVIRONMENTAL PROTECTION GROUP & WONDERFONTEIN ENVIRONMENTAL COMMITTEE v DEPARTMENT OF WATER AFFAIRS & EXARRO COAL (PTY) LTD, 2011 (UNREPORTED, WT 03/08/2010). 2011. https://cer.org.za/wp-content/uploads/2011/12/EEPOG-v-DWAF-and-Exarro.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=ESCARPMENT ENVIRONMENTAL PROTECTION GROUP & WONDERFONTEIN ENVIRONMENTAL COMMITTEE v DEPARTMENT OF WATER AFFAIRS & EXARRO COAL (PTY) LTD, 2011 (UNREPORTED, WT 03/08/2010) |date=2011 |url=https://cer.org.za/wp-content/uploads/2011/12/EEPOG-v-DWAF-and-Exarro.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights2011escarpment, author = {{Centre for Environmental Rights}}, title = {{ESCARPMENT ENVIRONMENTAL PROTECTION GROUP \& WONDERFONTEIN ENVIRONMENTAL COMMITTEE v DEPARTMENT OF WATER AFFAIRS \& EXARRO COAL (PTY) LTD, 2011 (UNREPORTED, WT 03/08/2010)}}, institution = {Centre for Environmental Rights}, year = {2011}, url = {https://cer.org.za/wp-content/uploads/2011/12/EEPOG-v-DWAF-and-Exarro.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }