Ground-breaking ruling on protection of parks
A nature conservation authority’s right to police ‘buffer zones’ around parks was confirmed in a ground-breaking decision last week, says a Sunday Tribune report. The iSimangaliso Wetland Park Authority objected to a developer building holiday homes on a buffer zone on the banks of Mgoboseleni Lake because it did not have necessary permission for building in that area.
KZN High Court (Pietermaritzburg) Judge Daya Pillay ruled on Friday that the two homes built on the site must be torn down, and the owners had until the end of December to vacate the area. Pillay also ordered that the legal costs of iSimangaliso and the KZN Department of Economic Development and Environmental Affairs, the second respondent in this matter, be paid jointly by the respondents. The respondents included the developers Feasey Property Group Holdings and 12 others.
The development happened in the Sodwana Bay section of the park, which was declared SA’s first World Heritage site in 1999.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
