Category Archives: Land Use Planning Law

Property Law: Agricultural Land: Options no longer an option

The Subdivision of Agricultural Land Act[1] (“the Act”) prescribes that an owner of agricultural land must first apply to the Minister of Agriculture before subdividing such land. The purpose of the Act is manifest in that its object is to control and prevent the loss of sub-division of agriculturally useful farmland into uneconomic units.[2] Along with this physical prohibition, and for purposes of this article, section 3(e)(i) of the Act prohibits any portion of agricultural land from being sold or advertised for sale, unless the Minister has consented thereto in writing... Read More

Land Use Planning Law: A breakdown of demolition orders and encroachments: the latest judgments

In the recent Supreme Court of Appeal case Lester v Ndlambe Municipality and Another the court found that Section 21 of the National Building Regulations and Building Standards Act 103 of 1977 empowers a magistrate, on the application of any local authority or the Minister, to make an order authorising the municipality to demolish a building if that court is satisfied that the erection of the building does not comply with the provisions of the Act or any approval or authorisation granted thereunder... Read More

Fracking in the Karoo: It all now hinges on the environmental assessment and the law.

The first “green” light has been given to shale gas fracking in the Karoo basin. The South African government promulgated the relevant regulations authorising exploration and the process has begun.

However, it is a condition that exploration and production activities related to petroleum are subject to the requirements of the National Environmental Management Act and any relevant specific environmental management legislation.

Before exploration and production activities related to petroleum may commence, the holders must be  in possession of an Environmental Authorisation issued in terms of the Environmental Impact Assessment Regulations, 2014... Read More

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