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Sasol Oil (Pty) Ltd and Another v Metcalfe No 2004 (5) SA 161 (W)

Country/Territory
South Africa
Type of court
National - higher court
Date
Sep 16, 2005
Source
UNEP, InforMEA
Court name
The Supreme Court of Appeal of South Africa
Judge
Cachalia Aja
Reference number
No. 368/2004
Language
English
Subject
Environment gen., Legal questions, Agricultural & rural development
Abstract

‘Protection of the environment ─ Prohibition on undertaking of environmentally detrimental activities without written authorisation of competent authority as intended in s 22 of Environment Conservation Act 73 of 1989 (ECA) ─ Scope of mandate of competent authority; - the words ‘storage’ and ‘handling’ facility for dangerous and hazardous substances are broad enough to include a filling station. - decision taken in terms of policy guidelines not irrational ─ a party seeking to impugn rationality of decision must demonstrate exceptional basis to succeed in review application. - section 36(2) of ECA read in context, together with s 35, does not constitute a time bar to the institution of review proceedings after internal remedies have been exhausted.’

 

(Source: http://www.justice.gov.za/ )

Full text
Sasol Oil (Pty) Ltd and Another v Metcalfe No 2004 (5) SA 161 (W).pdf
2004_368.pdf
Website
www.justice.gov.za