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Environmental Management Act

29 October 2009

Hangklip/ Kleinmond Federation of Ratepayers Associations v Minister for Environmental Planning and Economic Development: Western Cape and Others (4009/2008) [2009] ZAWCHC 151.

This matter is of interest to Developers in so far as it confirms that the "social and environmental impacts" which are to be considered by the relevant authorities in terms of the Environment Conservation Act (73 of 1998) when approving a development, are limited to those that will arise from the activities sought to be authorized itself and not from extraneous factors such as an undertaking by the developer to contribute to worthy socio-economic causes. The matter is moreover relevant in that it illustrates how lobbying of the authorities may create an impression of bias which in turn may result in a decision being set aside.

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