Gauteng Department of Agriculture and Rural Development & others v Interwaste (Pty) Ltd & others

Interwaste (Pty) Ltd operated a waste disposal site (the FG site) in Gauteng under a waste management licence issued on 25 November 2011 in terms of the National Environmental Management Act 107 of 1998 (NEMA). The licence contained a provision (condition 3.1(h)) stating that it had to be renewed within four years of issue. Interwaste did not apply for renewal within that period. In 2012 the licence was amended to increase waste tonnage and site height, but the amendment did not extend the licence period. After the four-year period had elapsed, an environmental management inspector issued a compliance notice directing Interwaste to cease operations until it obtained a valid licence. Interwaste objected, arguing that the licence had no expiry date and that the compliance notice was invalid. The Gauteng Division of the High Court reviewed and set aside the compliance notice and related decisions, prompting an appeal to the Supreme Court of Appeal.

The appeal was upheld with costs. The High Court’s order was set aside and replaced with an order dismissing Interwaste’s application with costs, including the costs of two counsel where applicable.

The case clarifies the interpretation of waste management licence conditions under NEMA and NEMWA, confirms that licences may expire by effluxion of time even if inelegantly worded, and affirms the proper use of compliance notices as enforcement tools. It also reinforces limits on judicial interference with administrative licensing powers and the separation of powers in environmental governance.