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This application concerns the 2017 Boat Based, Whale and Dolphin Watching (‘BBWW’) permit allocation process insofar as it applied to Plettenberg Bay.

The Applicant, Ocean Ecological Adventures (Pty) Ltd, seeks the review and setting aside of two decisions made by the First Respondent, the Minister of Environmental Affairs (‘the Minister’), on 13 March 2018. Her first decision was to set aside the decision of a delegated authority made on 9 November 2017, awarding a provisional BBWW permit in the area of Plettenberg Bay to the Applicant.

That delegated authority, the Chief Director: Specialist Monitoring Services, Department of Environmental Affairs (Branch Oceans and Coasts) was cited as the Second Respondent. The Third Respondent is Versatex Trading 249 (Pty) Ltd which was cited because the second decision of the Minister sought to be reviewed was to award it the ten year BBWW permit instead.

In taking these decisions the Minister was exercising her powers of appeal in terms of section 43(6) of the National Environment Management Act 107 of, 1998 (‘NEMA’). The review application was opposed by all respondents.