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24 May 2013
   
 
 
 
 
 
 
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Harmony Gold Mining Company Ltd v Regional Director: Free State Department of Water Affairs and Others (68161/2008) [2012] ZAGPPHC 127 - 581.6 KB
 

This application concerns a directive issued in terms of s 19(3) of the National Water Act, 36 of 1998 (the NWA). The section applies whenever there is land (the affected land) on which any pollution-forming activity or process takes or has taken place. S 19(1) of the NWA imposes duties on owners, controllers, occupiers or users (landholders) of such land to take certain measures to prevent or control pollution. The primary issue is whether a directive issued in terms of s 19(3) becomes invalid once a person ceases to be a landholder.

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