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The document summarizes the case of Joubert & Others v Maranda Mining Co (Pty) Ltd, where the court determined that a mining rights holder's right to access land 'solidifies' once all public participation and consultation provisions under the Mineral and Petroleum Resources Development Act 28 of 2002 have been met. In this specific instance, the court dismissed an appeal by the Sanwild Wildlife Trust, confirming that Maranda Mining Co had complied with the necessary consultation requirements to gain access to the land for gold mining operations.

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.

The PAIA Civil Society Network reports that the implementation of the Promotion of Access to Information Act (PAIA) in South Africa remains hindered by poor records management, inadequate training of information officers, and a lack of responsiveness. Analysis of 111 requests shows that only 34% resulted in a full release of information, and only 21% were responded to within the statutory 30-day timeframe. The report highlights a particular lack of awareness and accountability within the private sector and argues that the absence of an independent Information Commissioner makes legal recourse too expensive for most civil society organisations. Additionally, the report warns that the proposed Protection of Information Bill threatens open governance through broad definitions of 'national interest', severe criminal penalties for releasing classified information, and a lack of independent oversight.

The court ruled that the Land Use Planning Ordinance 15 of 1985 (LUPO) constitutes 'relevant law' under the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) and is not inconsistent with the Constitution. Consequently, mining activities cannot proceed on land without proper rezoning, as municipal planning falls within the constitutional mandate of local authorities and does not unlawfully intrude upon national legislative competence over mining.

The Minister of Water and Environmental Affairs acknowledges a proposal for collaboration from the Centre for Environmental Rights but declines a meeting until interdepartmental disputes between the Department of Environmental Affairs and the Department of Mineral Resources are resolved. The document details the failed attempt to create a single environmental management system via the 2008 amendments to NEMA and the MPRDA, noting that the Minister of Mineral Resources has not yet brought the MPRDA Amendment Act into effect. An interdepartmental task team is currently reviewing whether to implement the 2008 agreement as is, amend it to transfer functions to environmental authorities, or pursue alternative alignment. The Minister indicates that future opportunities for civil society contribution may arise following the finalisation of Delivery Agreements by September 2010 to identify areas where mineral development could be restricted under Section 49 of the MPRDA.

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.

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.

The Mpumalanga Protected Area Expansion Strategy sets a 20-year target to protect 6,320 km² of land by 2028, with a primary focus on the Grassland Biome. The document also contains a series of legal objections from the Centre for Environmental Rights and a coalition of NGOs against a proposed underground coal mine by Atha-Africa Ventures on the Yzermyn farm. Objectors argue the mine would cause irreparable harm to the Mabola Protected Environment, a strategic water source area, through aquifer dewatering and acid mine drainage, and that the application process violated the Spatial Planning and Land Use Management Act (SPLUMA).

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.

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.

The National Environmental Compliance & Enforcement Report 2007-8 details a significant increase in reported environmental enforcement activities in South Africa, including a tripling of arrests and a five-fold increase in convictions compared to the previous year. It highlights systemic non-compliance across the iron, steel, and refinery sectors, alongside targeted efforts to combat illegal wildlife trade, particularly rhino horn trafficking. The report also outlines judicial precedents regarding environmental directives and the ongoing training of magistrates and prosecutors to improve the adjudication of environmental crimes.

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.

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.

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.

The Supreme Court of Appeal ruled that the former directors of Stilfontein Gold Mining Company (SGM) could not be held in contempt of court because the directives issued by the Department of Water Affairs and Forestry were too vague to be implemented. The court found the directives lacked clarity on the apportionment of costs, payment recipients, and deadlines. The commentary criticizes this judgment for ignoring the environmental risks of SGM's failure to pump and treat underground water, which creates conditions for acid mine drainage, and for failing to hold directors accountable despite their mass resignation prior to contempt proceedings.

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.

The Bareki v Gencor case is a significant South African legal precedent regarding environmental liability. The court initially ruled that section 28 of the National Environmental Management Act (NEMA) did not apply retrospectively to pollution occurring before 1999, citing a common law presumption against retrospectivity and the 'strict' or 'absolute' nature of the liability. However, the document notes that Act 14 of 2009 subsequently amended NEMA to explicitly include retrospective application for significant pollution. The case also addressed the continuity of rehabilitation duties from repealed mining laws, with the court dismissing 'continuity by content' arguments but allowing some claims based on the Interpretation Act of 1957. The plaintiffs sought R64 million for asbestos pollution at the Bute mine caused by Gefco and Gencor between 1976 and 1981.

The court found the Department of Minerals and Energy (DME) liable for significant legal costs after it negligently issued a mining permit with inaccurate land boundaries and failed to provide information that would have resolved a dispute between two mining rights holders without court intervention. The court ruled that as a public body, the DME cannot 'sit on the fence' when it possesses information capable of preventing or shortening litigation.

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.

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.