- Flynote
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Interdict to stop coal mining – interpretation of statutes – National
Environmental Management Act 107 of 1998 (NEMA) – environmental
authorisation to undertake listed activity under s 24 – whether required by holder
of mining right and environmental management programme in terms of the
Mineral and Petroleum Resources Development Act 28 of 2002 – no case made
out for interdict in founding papers – municipal approval of land use – Spatial
Planning and Land Use Management Act 16 of 2013, KwaZulu-Natal Planning
and Development Act 6 of 2008 and Mtubatuba Local Municipality Spatial
Planning and Land Use Management By-Law, 2017 – not required by virtue of
transitional arrangements – National Environmental Management Waste Act 59
of 2008 – waste management licence not required by reason of transitional
provision – non-compliance with the KwaZulu-Natal Heritage Act 4 of 2008 –
relocation of ancestral graves – no reasonable apprehension of harm – interdict
refused.
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Cited documents 26
Judgment 18
Legislation 8
1. | National Environmental Management Act, 1998 | 1784 citations |
2. | National Heritage Resources Act, 1999 | 685 citations |
3. | Mineral and Petroleum Resources Development Act, 2002 | 618 citations |
4. | National Environmental Management: Waste Act, 2008 | 420 citations |
5. | Taxation Laws Second Amendment Act, 2008 | 248 citations |
6. | Social Assistance Amendment Act, 2008 | 135 citations |
7. | National Environmental Management Amendment Act, 2008 | 27 citations |
8. | National Environmental Management Laws Amendment Act, 2014 | 12 citations |