Astral Operations Ltd t/a Country Fair Foods and Others v The Minister for Local Government, Environmental Affairs and Development Planning (Western Cape) and Others

The City of Cape Town sought environmental authorisation under s 22 of the Environment Conservation Act 73 of 1989 (ECA) for the establishment of a new regional landfill. Following an environmental impact assessment considering alternative sites, the Director: Integrated Environmental Management granted authorisation in 2007 for a landfill at the Atlantis site. Numerous appeals were lodged under s 35 of the ECA. On appeal, the MEC for Environmental Affairs and Development Planning set aside the Director’s decision and instead authorised the landfill at the alternative Kalbaskraal (Bottelfontein) site. That decision was initially reviewed and set aside due to procedural unfairness, after which a supplementary EIA and public participation process was conducted. In 2013 the MEC again upheld the appeals and authorised the landfill at Kalbaskraal. The appellants, poultry producers and farmers operating near Bottelfontein, challenged the MEC’s powers, contending that the appeal authority could not authorise a different site from that authorised by the Director.

The appeal was dismissed with costs, including the costs of two counsel.

The case clarifies the wide powers of environmental appeal authorities under s 35 of the ECA, confirming that such appeals are rehearings on the merits and that appeal authorities may substitute their own decisions. It also affirms that alternative sites constitute 'alternative proposed activities', reinforcing flexible, purposive interpretation of environmental legislation in line with EIA principles.