HTF Developers

HTF Developers (Pty) Ltd v Minister of Environmental Affairs & Tourism [2007] SCA 37 (RSA) - Environmental Conservation Act Act 73 of 1989, s 21 and 31A - 'cultivation or any other use of virgin ground' in regulation - vagueness.

Media summary
The appellant, a development company intended sub-dividing an undeveloped property in Riviera, Pretoria, and selling off the individual properties. When it commenced clearing the site, the provincial head of the Department of Environmental Affairs issued a directive prohibiting further work until environmental approval had been obtained. The appellant applied unsuccessfully to the Pretoria High Court for an order that the aforesaid directive was invalid.

The Supreme Court of Appeal in a majority judgment found that the regulation relied upon by the environmental authorities was so vague that it was unenforceable.

The appeal was accordingly upheld.

Full judgment