Microsoft Word - Casebook on Environmental law

THE REPUBLIC OF SOUTH AFRICA IN THE SUPREME COURT OF SOUTH AFRICA CAPE PROVINCIAL DIVISION 1996 (1) SA 283 (C) VAN HUYSSTEEN &am ...

VAN HUYSSTEEN AND OTHERS VERSUS MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM AND OTHERS 1996 (1) SA 283 (C) CAPE PROVINCIAL DIV ...

Any Minister or official charged with making a rezoning decision under the Land Use Planning Ordinance 15 of 1985 (C) is obliged ...

second, third, sixth and seventh respondents opposed the order sought in (b) above. Held, that the applicants had no right to co ...

unduly delayed. The following decided cases were cited in the judgment of the Court: Re Davis (1947) 1"5 CLR 409 Harnischfeger ...

JUDGEMENT Farmland J; On 26 May 1995 Messrs. A M van Huyssteen, H P Venter and J D Coetzee, in their capacities as trustees for ...

rounding bay resulting there from should it proceed; and (D) the probable impact of the foregoing on the environment and in part ...

They also ask for an order calling upon first respondent to amend and/or amplify in certain respects the terms of reference of t ...

still refuse to grant an interdict in this case. In the following paragraphs I shall endeavor to set out some of the facts which ...

by the chairman of the board of investigation, to present evidence and rebut opposing opinions which are believed to be erroneou ...

(a) Lawful administrative action where any of his or her rights to interests is affected or threatened; (b) Procedurally fair ad ...

community with a sustainable way of life; g) The execution and co-ordination of integrated environmental monitoring programmes. ...

(ii) a magistrate or retired magistrate; (iii) any person admitted in terms of the Admission of Advocates Act 74 of 1964 to prac ...

'21 (I) The Minister may by notice in the Gazette identify those activities which in his opinion may have a substantial detrimen ...

(4) If a condition imposed in terms of ss (3) is not being complied with, the Minister, any Administrator or any local authority ...

Included in this part of the Act is S.40, which provides for the State including a provincial administration, to be bound by the ...

perform such duty with new to promoting the objectives stated 1 as 2 of the Environment Conservation Act 73 of 1989.” The sectio ...

proposals included in a relevant structure plan in so far as it relates to desirability, or on the basis of its effect on existi ...

'The word "shall" does not always impose an absolute and imperative duty to do or omit the ad prescribed. The word is facultativ ...

right to defend himself or herself is, of course, beyond question. There may we be other material in the police docket, which is ...