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ESCARPMENT ENVIRONMENTAL PROTECTION GROUP & LANGKLOOF ENVIRONMENTAL COMMITTEE v DEPARTMENT OF WATER AFFAIRS & WER MINING (PTY) LTD
The Water Tribunal dismissed an appeal by the Escarpment Environmental Protection Group and the Langkloof Environmental Committee against a water use licence issued to WERM Mining (Pty) Ltd. The Tribunal ruled that the appellants lacked locus standi because the National Water Act 36 of 1998 limits the right of appeal to specific persons, and no right of appeal arises for objectors if no notice was published in the media as required by section 41(4) of the Act. The Tribunal further determined that the National Environmental Management Act 107 of 1998 and the Promotion of Administrative Justice Act, 2000 did not extend the right to internal appeal in this statutory context.
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Document type: Legal commentary