AUTHORISATIONS IN ENVIRONMENTAL LAW AND TRANSFORMATION

Michael Kidd

University of KwaZulu-Natal

 

Abstract:

Recent cases dealing with appeals against water use licence refusals under the National Water Act raised the issue of the role to be played by transformation as a factor influencing such decisions. Seen in the light of the Constitutional Court’s treatment of transformation in allocation of fishing rights in the Bato Star case, the courts’ decisions in the water use cases mentioned above may not have been entirely correct. This paper considers these cases, as well as the question of the role to be played by transformation (if any) in authorisations generally made in terms of environmental legislation. The role of the Broad-Based Black Economic Empowerment Act 53 of 2003 in addition to the transformation provisions of environmental laws will be considered.

 

Presentation topic:

AUTHORISATIONS IN ENVIRONMENTAL LAW AND TRANSFORMATION
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