Global Environmental Trust and Others v Tendele Coal Mining (Pty) Ltd and Others (1105/2019) [2021] ZASCA 13 (9 February 2021)

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.