Constitutional law — Challenge to the environmental permit granted by the Minister of Economic Growth and Job Creation — NRCA refuses environmental permit —Forestry Department objects — Right to enjoy a healthy and productive environment likely to be breached — Right to property — Oakes Test —Comparative Law — International instruments — Decision of Minister and Environmental Permit struck down as unconstitutional - Declarations — Injunction
The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 13(2), 13(3)(f)(ii), 13(3)(l)(ii), 13(3)(o),13(6) & 15
The Natural Resources Conservation Authority Act, sections 9(5), (6), 10(1), 31, 32
& 35
The Quarry Control Act, sections 8(1) & 9(1), (2)
The Town and Country Planning Act, sections 5 & 11
Town & Country Planning (St. Ann Parish) Provisional Development Order —Policies UC4, UC5, UC12 — “Undeveloped Coast”
