Matches in DBpedia 2014 for { ?s ?p Minister of Health and Welfare v Woodcarb (Pty) Ltd and Another is an important case in South African environmental law, heard in the Natal Provincial Division by Hurt J on March 29, 1995, with judgment handed down on December 15, 1995. Counsel for the applicant was CJ Hartzenberg SC (with him M G Roberts); DA Gordon SC appeared for the respondents. The applicant's attorney was the State Attorney; the respondents' attorneys were Venn, Nemeth & Hart.The matter dealt with the question of atmospheric pollution: in particular, the carrying on of a "scheduled process" within a controlled area in contravention of section 9(1) of Atmospheric Pollution Prevention Act. The court found that the remedy of interdict was available to enforce the provisions of this Act, so that the Minister of Health and Welfare was not limited to the remedy of criminal prosecution.The Minister of Health and Welfare was responsible for the proper administration and enforcement of the Act. The purpose of provisions of sections 9 to 13 was to "control" the installation and use of "scheduled processes" throughout South Africa. The court found that the Minister needed the remedy of interdict for that purpose, and accordingly had locus standi to apply for such an interdict. Because none of the respondent's neighbours were applicants in such proceedings, Minister also had locus standi to apply for an interdict restraining such conduct of the respondent which infringed the right to "an environment which is not detrimental to their health and well-being," as enshrined in section 29 of the interim Constitution, then in effect. The generation of smoke, in contravention of s 9(1) of Atmospheric Pollution Prevention Act 45 of 1965, was just such an infringement.. }
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- Minister_of_Health_and_Welfare_v_Woodcarb abstract "Minister of Health and Welfare v Woodcarb (Pty) Ltd and Another is an important case in South African environmental law, heard in the Natal Provincial Division by Hurt J on March 29, 1995, with judgment handed down on December 15, 1995. Counsel for the applicant was CJ Hartzenberg SC (with him M G Roberts); DA Gordon SC appeared for the respondents. The applicant's attorney was the State Attorney; the respondents' attorneys were Venn, Nemeth & Hart.The matter dealt with the question of atmospheric pollution: in particular, the carrying on of a "scheduled process" within a controlled area in contravention of section 9(1) of Atmospheric Pollution Prevention Act. The court found that the remedy of interdict was available to enforce the provisions of this Act, so that the Minister of Health and Welfare was not limited to the remedy of criminal prosecution.The Minister of Health and Welfare was responsible for the proper administration and enforcement of the Act. The purpose of provisions of sections 9 to 13 was to "control" the installation and use of "scheduled processes" throughout South Africa. The court found that the Minister needed the remedy of interdict for that purpose, and accordingly had locus standi to apply for such an interdict. Because none of the respondent's neighbours were applicants in such proceedings, Minister also had locus standi to apply for an interdict restraining such conduct of the respondent which infringed the right to "an environment which is not detrimental to their health and well-being," as enshrined in section 29 of the interim Constitution, then in effect. The generation of smoke, in contravention of s 9(1) of Atmospheric Pollution Prevention Act 45 of 1965, was just such an infringement.".