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Minister of Mineral Resources v Stern and Others; Treasure the Karoo Action Group and Another v Department of Mineral Resources and Others (1369/2017; 790/2018) [2019] ZASCA 99

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Minister of Mineral Resources v Stern and Others; Treasure the Karoo Action Group and Another v Department of Mineral Resources and Others (1369/2017; 790/2018) [2019] ZASCA 99

8th July 2019

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Statute – whether Minister of Mineral Resources empowered by s 107(1) of the Mineral and Petroleum Resources Development Act 28 of 2002 to make the Regulations for Petroleum Exploration and Production, 2015 (the Petroleum regulations) – Petroleum regulations regulate process and requirements of application for environmental authorisation under the National Environmental Management Act 107 of 1998 (NEMA) and set a regulatory framework and norms and standards for management of environmental impacts of petroleum exploration and production – Minister of Environmental Affairs empowered by NEMA to make regulations regarding these matters – Minister of Mineral Resources not empowered to make regulations regarding environmental matters – impractical to sever invalid regulations from the Petroleum regulations – Petroleum regulations set aside in their entirety.

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