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FOURTH RESPONDENT’S HEADS OF ARGUMENT
This document contains the heads of argument submitted by the Fourth Respondent (the Minister of Local Government, Environmental Affairs and Development Planning, Western Cape Province) to the Supreme Court of Appeal of South Africa. The legal dispute centers on whether mining permits or rights granted under the Mineral and Petroleum Resources Development Act (MPRDA) exempt a holder from obtaining land-use authorisations under the Land Use Planning Ordinance (LUPO) and environmental authorisations under the National Environmental Management Act (NEMA). The Fourth Respondent argues that these regulatory regimes are concurrent and that a mining right does not override municipal zoning or national environmental requirements.
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Document type: Briefing