MOSSEL BAY NEWS - The newly-built filling station at Hart & Bosch Village is not allowed to operate until a decision regarding the setting aside of a notice about non compliance is made.
A notice, stating that the fuelling station was not compliant with environmental laws, was issued on 15 October last year.
It alleged that the fuel station was developed unlawfully.
The notice stated that the combined storage capacity of the tanks at the station exceeded the legal limit and did not have the requisite environmental authorisation from the Western Cape Department of Environmental Affairs.
Attorneys for Topup requested that Western Cape Minister of Environmental Affairs, Anton Bredell, scrap the notice of non-compliance by 5 December, but he noted that a decision would be made by 17 February.
Bredell was expected to rule on the matter on Monday, but his spokesperson, Wouter Kriel, said new information was being considered, delaying the decision. No new date has been given for the decision.
The fuel station, owned by Topup Property Investments, remains closed.
Retail operator
Topup and its lessee, Laley (PTY) Ltd, which is the retail operator of the filling station and convenience store on site, had filed an urgent High Court application in December to allow operations to begin while awaiting Bredell's decision.
The application also sought to have Mossel Bay Municipality furnish Topup with a certificate of occupancy, certifying it suitable for occupancy within two days of the order being granted.
However, Judge Melanie Holderness dismissed the application on 6 January, ordering Topup and Laley to cover legal costs.
Topup bought the property in 2018 and initially installed two underground storage tanks, each with the capacity of 14m³, which would allow the station to operate without needing environmental authorisation, as the total capacity did not exceed 30m³.
Later, additional above-ground tanks increased the capacity from 28m³ to 76m³, prompting the notice that the fuel station was not compliant. The company removed the extra tanks, which had been installed but never used, at the end of October.
The department insisted environmental authorisation was still needed as pipes and other elements remained.
According to the judgment, despite orders to halt construction, department officials found the station nearly complete in November, with fuel pumps, a canopy and access roads in place. It said the service station was fully operational.
Herbie Oosthuizen Attorneys, who act on behalf of Topup Property Investments and Laley, told Mossel Bay Advertiser their clients could not comment on any questions, as the matter was not finalised.
For the full judgment, click here: Judgment.pdf
‘We bring you the latest Garden Route, Hessequa, Karoo news’
