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1,469 documents from Centre for Environmental Rights
CITY OF CAPE TOWN v MACCSAND (PTY) LTD AND OTHERS 2010 (6) SA 63 (WCC)
The case of City of Cape Town v Maccsand (Pty) Ltd and Others (2010) establishes that mining activities in South Africa are subject to concurrent jurisdiction across national, provincial, and local government spheres. The court ruled that the Mineral and Petroleum Resources Development Act (MPRDA) does not override local land use planning laws or national environmental legislation, requiring mining operators to obtain authorizations from multiple regulatory frameworks.
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Document type: Case study
ENVIRONMENTAL MANAGEMENT FRAMEWORK REGULATIONS, 2010
The Environmental Management Framework Regulations, 2010, establish the legal process for creating, adopting, and using environmental management frameworks (EMFs) in South Africa. These frameworks are designed to map environmental attributes and guide land-use decisions to promote sustainability and environmental protection.
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Document type: Guide
JOUBERT & OTHERS v MARANDA MINING CO (PTY) LTD 2010 (1) SA 198 (SCA)
This case study examines the legal dispute between the Sanwild Wildlife Trust and Maranda Mining Co (Pty) Ltd regarding the right of access to land for mining operations. The Supreme Court of Appeal (SCA) addressed whether a mining rights holder's right to access land is contingent upon public participation and consultation processes under the Mineral and Petroleum Resources Development Act 28 of 2002.
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Document type: Case study
National Environmental Compliance & Enforcement Report 2009-10
The National Environmental Compliance & Enforcement Report 2009-10 provides a comprehensive overview of environmental law enforcement activities in South Africa from April 1, 2009, to March 31, 2010. It details the growth of the Environmental Management Inspectorate (EMI), national statistics on criminal and administrative enforcement, and specific case studies regarding industrial pollution and biodiversity crimes, particularly rhino poaching.
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Document type: Report
PAIA Civil Society Network Shadow Report: 2010
The PAIA Civil Society Network (PAIA CSN) report provides an analysis of the implementation and usage of the Promotion of Access to Information Act (PAIA) in South Africa between August 2009 and August 2010. The report highlights systemic failures in records management, poor responsiveness from public and private bodies, and the limited use of the Act as a human rights advocacy tool. It further expresses strong opposition to the Protection of Information Bill, arguing that its broad definitions and criminal sanctions threaten open governance and the protection of whistleblowers and journalists.
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Document type: Report
SWARTLAND MUNICIPALITY v LOUW NO & OTHERS 2010 (5) SA 314 (WCC)
This case study examines the legal dispute in Swartland Municipality v Louw No & Others 2010 (5) SA 314 (WCC), where the court determined that the Land Use Planning Ordinance 15 of 1985 (LUPO) remains applicable to mining activities and is not superseded by the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA).
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Document type: Case study
GOVERNMENT GAZETTE
This document is a legal notice template from a 2009 Government Gazette outlining the procedural requirements for opposing an application, including timelines for notices and affidavits.
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Document type: Guide
NATIONAL POLICY ON THERMAL TREATMENT OF GENERAL AND HAZARDOUS WASTE
This document is a formal publication notice by the Minister of Water and Environmental Affairs regarding the National Policy on Thermal Treatment of General and Hazardous Waste, published under Government Notice R777 in Government Gazette 32439 on 24 July 2009.
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Document type: Report
REGULATIONS FOR IMPLEMENTING AND ENFORCING THE VAAL TRIANGLE AIR-SHED PRIORITY AREA AIR QUALITY MANAGEMENT PLAN
The Vaal Triangle Priority Area AQMP Implementation Regulations, 2009, establish the legal framework for implementing and enforcing the Vaal Triangle Air-shed Priority Area Air Quality Management Plan (VTAQMP). The regulations mandate that identified stakeholders submit and periodically review emission reduction strategies to ensure ambient air quality objectives are met.
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Document type: Guide
ELECTRICITY REGULATIONS FOR COMPULSORY NORMS AND STANDARDS FOR RETICULATION SERVICES
The Electricity Regulations for Compulsory Norms and Standards for Reticulation Services, promulgated under the Electricity Regulation Act 4 of 2006, establish mandatory energy efficiency and load management standards for electricity reticulation in South Africa to maintain supply quality and prevent blackouts.
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Document type: Guide
ELECTRICITY REGULATIONS FOR EXPROPRIATION ON BEHALF OF A LICENSEE
This document outlines the legal regulations and procedures for the expropriation of land or land rights on behalf of an electricity licensee in South Africa, as established under the Electricity Regulation Act 4 of 2006.
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Document type: Guide
NATIONAL LEVEL PRINCIPLES, CRITERIA, INDICATORS AND STANDARDS
This fact sheet outlines the national-level principles, criteria, indicators, and standards established under the National Forests Act 84 of 1998, as published in Government Gazette 30183 with a commencement date of 24 August 2007. It provides a framework for the sustainable development and management of forests, integrating environmental conservation, economic viability, and social equity.
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Document type: Fact sheet
NOTICE IN TERMS OF SECTION 50(4) OF THE NATIONAL FORESTS ACT, 1998 (ACT NO. 84 OF 1998)
A 2007 government notice issued by the Minister of Water Affairs and Forestry regarding the release of specific State forest land areas in KwaZulu-Natal, which are no longer required for forestry, for allocation to the Department of Environmental Affairs and Tourism to establish the Greater St Lucia Wetland Park.
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Document type: Statement
THREATENED OR PROTECTED SPECIES REGULATIONS, 2007
The Threatened or Protected Species Regulations, 2007, issued under the National Environmental Management: Biodiversity Act 10 of 2004, establish a comprehensive legal framework for managing restricted activities involving listed threatened and protected species in South Africa. The regulations detail a permit system for activities such as hunting, breeding, and trade, and mandate the registration of facilities including captive breeding operations, game farms, and sanctuaries. It includes strict prohibitions on certain hunting methods and activities involving large predators and rhinoceros species, while providing mechanisms for risk assessments, appeals, and the establishment of a Scientific Authority.
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Document type: Guide
ANGLO OPERATIONS LTD V SANDHURST ESTATES (PTY) LTD (2006) 1 ALL SA 230 (T)
This case study examines the legal dispute between Anglo Operations Ltd and Sandhurst Estates (Pty) Ltd regarding the rights of mineral rights holders versus surface owners in South Africa. The court focused on the 'doctrine of lateral support' and whether the right to conduct open-cast mining is implied in the granting of mineral rights. The court ultimately dismissed Anglo Operations' application, ruling that the renunciation of lateral support must be expressly or tacitly agreed upon and cannot be implied by law.
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Document type: Case study
CA VISSER DELWERYE (EDMS) BPK v DU PLOOY AND OTHERS; IN RE DU PLOOY AND ANOTHER v MINISTER OF MINERALS & ENERGY & OTHERS [2006] 2 All SA 614 (NC)
This case study examines a legal dispute between mining rights holders, CA Visser Delwerye (Edms) Bpk and Christiaan Christoffel du Plooy, where the court held the Department of Minerals and Energy (DME) liable for legal costs due to its negligence in issuing a mining permit and its failure to provide information that could have prevented litigation.
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Document type: Case study
VAN ECK v CLYDE BRICKFIELDS (PTY) LTD 2006 JDR 0312 (T)
This case study examines the legal dispute between Van Eck and Clyde Brickfields (Pty) Ltd, focusing on the application of neighbour law and the principles of nuisance in a mining-related context. The court dismissed the applicants' request for interdicts to limit noise pollution, citing a lack of objective evidence and the fact that the applicants had 'come to the nuisance' in an area with established industrial use since 1972.
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Document type: Case study
REGULATIONS FOR THE PROPER ADMINISTRATION OF SPECIAL NATURE RESERVES, NATIONAL PARKS AND WORLD HERITAGE SITES
These regulations, published under the National Environmental Management: Protected Areas Act 57 of 2003, establish the administrative and operational framework for special nature reserves, national parks, and world heritage sites. They detail prohibitions on biodiversity disturbance, rules for biological resource use, access controls, commercial activity restrictions, and the establishment of advisory committees and management plans.
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Document type: Guide
R307-205-5. Fugitive Dust
This documentS document outlines regulatory standards for the minimization of fugitive dust across various activities, including material storage, construction, demolition, road maintenance, mining, and the management of tailings piles and ponds.
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Document type: Guide
HARMONY GOLD MINING COMPANY LIMITED v FREE STATE, DEPARTMENT OF WATER AFFAIRS AND FORESTRY 2005 JDR 0465 (SCA)
This case study examines a Supreme Court of Appeal (SCA) ruling regarding the interpretation of Section 19 of the National Water Act 36 of 1998 (NWA). The court determined that the legal obligation to take 'reasonable measures' to prevent pollution is not limited to a person's own land but can extend to land owned, controlled, or used by others.
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Document type: Case study