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Tronox Limited
TROX today announced that the Durban High Court "dismissed with costs" an
application filed by the Mtunzini Conservancy for an injunction to halt
early-phase construction at the company's Fairbreeze mine project in northern
KwaZulu-Natal, South Africa.
The point of law under inspection by the court related to whether the
Fairbreeze mine had lawfully commenced mining related operations in light of
provisions contained in the Town Planning Ordinance 27 of 1949.
In its judgment, the High Court affirmed Tronox's legal position that the
South African Minerals Act 50 of 1991 governed mining at the commencement of
the Fairbreeze project and trumped all other legislation (barring specific
other national legislation) prevailing at the time. The High Court found that
1991 Minerals Act provides sufficient legislative checks and balances for
government administrators to regulate the industry and that additional
regulation under the Town Planning Ordinance of 1949 was not required.
The High Court also ruled that the Mtunzini Conservancy must pay legal costs
of Tronox which included costs of counsel in responding to the application.
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