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- Is commenced by National Heritage Resources Act, 1999: Commencement
- Amends Environment Conservation Act, 1989
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History of this document
01 April 2000
Commenced by
National Heritage Resources Act, 1999: Commencement
28 April 1999 this version
14 April 1999
Assented to
Cited documents 0
Documents citing this one 793
Gazette
732By-law
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Repealed
Health and Food Safety
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Health and Food Safety
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Judgment
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Reported
An unlawful administrative approval may produce effects until set aside, but the applicant cannot secure unassailable development rights.
Administrative law – validity and consequences of unlawful administrative acts; distinction between legal nullity and factual existence; collateral (defensive) challenge available where coercion/enforcement depends on substantive validity; public authority required to seek review rather than unilaterally ignore approvals; protection of cultural and heritage sites limits development; limits on broad declaratory relief pre‑empting judicial review.
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Reported
Interim interdicts halting municipal name changes require proof of irreparable harm and careful respect for separation of powers.
Constitutional law — appealability of interim orders — interests of justice standard; Civil procedure — requirements for interim interdicts (prima facie right, irreparable harm, balance of convenience, no alternative remedy); Separation of powers — judicial restraint in ordering relief that halts municipal executive action; Administrative law — role of public participation disputes in review proceedings; Costs and practical effects — financial consequences as factor in appealability.
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Reported
An unlawful 1957 township approval was set aside despite long delay, to protect religious, cultural and environmental rights.
Administrative law – invalid administrative act for non-disclosure of material cultural/religious sites; delay/condonation rule in review proceedings; balancing finality and public interest against constitutional rights to religion, culture and environment; discretion to set aside a nullity despite long lapse of time.
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Reported
Appeal dismissed: appellants failed to particularise alleged NEMA listed activities and could not obtain an interdict halting pre‑existing mining.
Environmental law – interaction of NEMA and MPRDA – listed activities under s 24 of NEMA require environmental authorisation where triggered, but applicants in motion proceedings must plead and prove which listed activities and commencement dates are relied on; Motion proceedings – pleading and evidence – failure to particularise essential facts (which listed activities and when) precludes adjudication on NEMA authorisation; Land‑use planning – SPLUMA and provincial planning statutes do not retroactively invalidate lawfully existing mining operations; Waste law – transitional provisions in the 2013 Waste Act listing notice permit continuation of lawfully existing waste management activities until called upon to apply for licences; Cultural heritage – removal of graves without s 35 approval is unlawful, but absence of reasonable apprehension of repetition may preclude an interdict closing the mine.
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Reported
The respondent’s approval of a tall development near a heritage area was lawful; no reviewable error in heritage balancing was found.
* Administrative law – judicial review of municipal land‑use approvals – scope of review vs merits; deference to expert decision‑makers.
* Municipal planning – s 99 criteria of Municipal Planning By‑law – balancing desirability, heritage impact and base zoning rights.
* Heritage law – interaction of base zoning and Heritage Protection Overlay Zone and NHRA considerations.
* Evidence – refusal to admit untested hearsay further evidence on appeal.
* Costs – Biowatch principle not triggered where litigation lacks substantive constitutional issues and funding/indemnity arrangements bear on costs.
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Reported
Unit owners must follow s41 procedure and seek appointment of a curator ad litem before suing over common property.
Sectional title — common property — locus standi of unit owners; Sectional Titles Act s 36(6), s 37 — body corporate’s powers and duties; s 41(1)–(3) — notice requirement and appointment of curator ad litem where body corporate fails to act; deadlock among trustees — justification for curator appointment; procedural prerequisite to individual proceedings in respect of common property.
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An interlocutory ruling on locus standi is not appealable; the appellant’s reinstated appeal was struck off the roll.
Civil procedure – locus standi – interlocutory point in limine decided under rule 33(4) – appealability – Zweni trinity (finality, definitiveness, disposal of substantial relief) – interests of justice test – condonation for late notice of appeal.
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The appeal against a life sentence for murder lacked substantial and compelling circumstances for sentence deviation.
Criminal Law - Sentencing - Murder - Appeal against life imprisonment sentence - Substantial and compelling circumstances not present. |
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Court sets aside approval for offshore oil and gas drilling due to failures to assess key environmental, socio-economic, and transboundary impacts.
Environmental law – judicial review – environmental authorization – offshore oil and gas exploration – failure to assess socio-economic impacts, ICMA factors, climate change, transboundary effects – public participation – contingency planning – rights and interests under National Environmental Management Act (NEMA) and Integrated Coastal Management Act (ICMA).
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Reported
Petroleum fracking regulations that prescribe environmental authorisation processes and environmental standards were ultra vires and set aside entirely.
Administrative law; environmental law — separation of powers between MPRDA and NEMA after the One Environmental System — ministerial regulation-making competence; ultra vires and severability of petroleum exploration and production regulations governing environmental authorisations and environmental risk management.
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Act
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Provincial Notice
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General Notice
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Government Notice
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Peace and Security
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Subsidiary legislation
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Title
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| Provincial Notice 146 of 2022 | |
| Provincial Notice 145 of 2022 |