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ESCARPMENT ENVIRONMENTAL PROTECTION GROUP & LANGKLOOF ENVIRONMENTAL COMMITTEE v DEPARTMENT OF WATER AFFAIRS & WER MINING (PTY) LTD, 2011 (UNREPORTED, WT 25/11/2009)
This case study details a legal challenge by the Escarpment Environmental Protection Group (EEPOG) and the Langkloof Environmental Committee against the Department of Water and Environmental Affairs and WERM Mining (Pty) Ltd. The appellants sought to set aside a water use licence issued for the Langkloof Colliery in Mpumalanga, arguing that the licence was granted without inviting comments from interested parties as required by the National Water Act 36 of 1998. The Water Tribunal dismissed the appeal, ruling that the appellants lacked locus standi (legal standing) because they did not fall within the specific class of persons entitled to appeal under section 148(1) of the National Water Act.
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Document type: Case study