- Flynote
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Environmental law – protection of environment – prohibition
against undertaking identified activities without authorisation – nature and
scope of the powers of environmental authorities – pre-existing activities prior
to enactment of Environmental Conservation Act 73 of 1989 as well as
National Environment Management Act 107 of 1998 (NEMA) that have not
been declared as identified activities not subject to the strictures of NEMA
and National Environment Management Waste Act 59 of 2008 (NEM:WA) –
Basic Oxygen Furnace slag that is not unwanted or rejected or abandoned not
constituting waste as defined in NEM:WA – waste management licence in
terms of s 49(1)(a) of NEM:WA not required in order to deal with such slag.
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Cited documents 14
Judgment 11
- Competition Commission of South Africa v Hosken Consolidated Investments Limited and Another [2019] ZACC 2 (1 February 2019)
- Cool Ideas 1186 CC v Hubbard and Another [2014] ZACC 16 (5 June 2014)
- Cordiant Trading CC v Daimler Chrysler Financial Services (Pty) Ltd (237/2004) [2005] ZASCA 50 (30 May 2005)
- Gaffoor NO and Another v Vangates Investments (Pty) Ltd and Others (330/2011) [2012] ZASCA 52 (30 March 2012)
- Giddey NO v JC Barnard and Partners [2006] ZACC 13 (1 September 2006)
- MEC for Health, Eastern Cape and Another v Kirland Investments (Pty) Ltd [2014] ZACC 6 (25 March 2014)
- Minister of Home Affairs v National Institute for Crime Prevention and the Re-Integration of Offenders (NICRO) and Others [2004] ZACC 10 (3 March 2004)
- Natal Joint Municipal Pension Fund v Endumeni Municipality (920/2010) [2012] ZASCA 13 (16 March 2012)
- Pillay v S (A 532/16) [2018] ZAGPPHC 577 (6 April 2018)
- Rumdel Cape (Pty) Ltd/EXR Construction Holdings (Pty)/Mazcon Joint Venture v South Africa Roads Agency SOC Ltd (234/2015) [2016] ZASCA 23 (18 March 2016)
- Sewpersadh v Minister of Finance and Another (923/2018) [2019] ZASCA 117 (23 September 2019)