HTF Developers owned property which it planned to subdivide into residential stands for sale. On 18 July 2005, the Head of Department of Agriculture, Conservation and Environment sent HTF a letter identifying the property as "virgin ground" whose cultivation would have a substantial detrimental effect on the environment under section 21(1) of the Environment Conservation Act (ECA), prohibited unless written authorisation was granted under section 22. The Department deemed HTF's clearing of the property for construction prior to receiving authorisation to be illegal, and indicated its intent to issue a directive under section 31A of the ECA instructing HTF to cease development, affording HTF 48 hours to respond. HTF disputed the directive's validity, arguing the land was not virgin ground and the Department lacked legal basis. The Head of Department issued a section 31A directive on 12 August 2005 ordering HTF to stop clearing and submit an environmental management plan within 30 days. HTF initiated legal proceedings on 17 October 2005. The High Court held the property was virgin ground and that a section 31A directive was not precluded even if the development did not fall within listed activities. The Supreme Court of Appeal majority held that section 31A directives required compliance with the 30-day notice and comment procedure in section 32 of the ECA before issuance.