Endangered Wildlife Trust and others v Director-General of the Department of Water and Sanitation and another
22 May 2019
Appeal no. WT 03/17/MP
22 May 2019
Members: T Murombo, with F Zondach and L Mbanjwa
This matter concerned an appeal against the decision of the Director-General of the Department of Water and Sanitation (DG) to grant a water use licence for the proposed Yzermyn coal mine in the Mabola Protected Environment to Atha-Africa Ventures (Pty) Ltd (Atha) in terms of the National Water Act, 1998 (NWA).
The appeal was dismissed and the water use licence was confirmed on the following conditions:
- Atha shall provide to the DG, in terms of clause 14.1 of the water use licence, proof of financial provision made in terms of legislation other than the NWA; and
- The DG shall within 60 days of the commencement of this judgment and before the commencement of mining review the adequacy of the budgetary provision provided for in terms of paragraph 172.1 hereof and Exhibit 12 of the record; and if necessary, require Atha to provide further financial security in accordance with section 30 of the NWA.