Minister of Environmental Affairs and Another v ArcelorMittal South Africa Limited (342/2019) [2020] ZASCA 40 (17 April 2020)

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.