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Mondi Shanduka Newsprint vs. Department of Water Affairs and Forestry

Country/Territory
South Africa
Type of court
National - higher court
Date
May 26, 2010
Source
UNEP, InforMEA
Court name
Water Tribunal
Seat of court
Pretoria
Judge
L.J. Lekale, W. Singo, H. Thompson, A.S. Makhanya
Reference number
[2010] ZAWT 3
Language
English
Subject
Forestry, Water
Keyword
Industrial water use Free water use Afforestation/reforestation Water desalination Water users' associations Freshwater resources management Agro-forestry/silvo-pastoralism
Abstract

In this case, the appellant challenged the order of the Department of Water Affairs and Forestry requiring him to remove seven hectares of timber plantation from his property on the basis that it constituted an unlawful afforestation. The appellant recognized that the plantations were unlawful as they were planted beyond the authorized area by his licence and request the Tribunal to legalise them.

The Water Tribunal considered that the legalisation of new water use such as new plantation was not within its powers and that the only way for the appellant to legalise his plantation would have been to apply for a new licence.

Full text
Mondi Shanduka Newsprint v Department of Water Affairs and Forestry.pdf
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