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Umfolozi Sugar Planters Limited and others -v- isiMagaliso Wetland Park Authority and others

Country/Territory
South Africa
Date
Apr 21, 2017
Source
UNEP, InforMEA
Court name
High Court
Seat of court
Durban
Judge
Moodley J.
Reference number
No. 7942/2015
Language
English
Subject
Legal questions, Wild species & ecosystems
Keyword
Biodiversity Sugar EIA Protection of species Protection of environment Wetlands Protection of habitats Protected area Environmental planning Ecosystem preservation Zoning
Abstract

This matter concerned the artificial breaching of the uMfolozi River. The applicants contended that the isiMangaliso Wetland Park Authority was obliged to artificially breach the uMfolozi River to avoid back-flooding, which adversely affected its sugarcane plantations. The application was dismissed with costs. Amongst the legislation considered was the World Heritage Convention Act, 1999, the National Water Act, 1998 and the National Environmental Management: Integrated Coastal Management Act, 2008.

Full text
17.pdf
Website
www1.saflii.org