AUGAR INVESTMENTS OU v MINISTER OF ENVIRONMENT & ANOR 2015 (1) ZLR 502 (H)
Citation | 2015 (1) ZLR 502 (H) |
Case No | Judgment No. HH-278-15 |
Court | High Court, Harare |
Judge | Chigumba J |
Heard | 4 March 2015; CAV |
Judgment | 25 March 2015 |
Counsel | F Girach, for the applicant |
Case Type | Opposed application |
Annotations | No case annotations to date |
Flynote
Administrative law – audi alteram partem rule – application – Minister issuing notice declaring area to be "wetland" in terms of Environmental Management Act [Chapter 20:27] – requirement of Act and of Administrative Justice Act [Chapter 10:28] that Minister give notice to parties affected by such declaration and allow time to make representations – Minister failing to take such steps – notice invalid
Environment – wetlands – what are – declaration by Minister of land as "wetland" – not permissible to make such declaration – land must be "wetland" as defined in Act – Minister may declare specific wetland to be "ecologically sensitive" – such declaration must be based on scientific evidence
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