Minister of Mineral Resources v Stern N.O.and Others ; Treasure the Karoo Action Group and Another v Department of Mineral Resources and Others (1369/2017; 790/2018) [2019] ZASCA 99 (4 July 2019)

Statute – whether Minister of Mineral Resources empowered by s 107(1)
of the Mineral and Petroleum Resources Development Act 28 of 2002 to make the
Regulations for Petroleum Exploration and Production, 2015 (the Petroleum
regulations) – Petroleum regulations regulate process and requirements of application
for environmental authorisation under the National Environmental Management Act 107
of 1998 (NEMA) and set a regulatory framework and norms and standards for
management of environmental impacts of petroleum exploration and production –
Minister of Environmental Affairs empowered by NEMA to make regulations regarding
these matters – Minister of Mineral Resources not empowered to make regulations
regarding environmental matters – impractical to sever invalid regulations from the
Petroleum regulations – Petroleum regulations set aside in their entirety.