CBSS was subcontracted by Bowisolve (Pty)Ltd to undertake an evaluation of environmental governance aspects at an offloading and loading operation adjacent to the Durban Harbour. This evaluation inter alia entailed an assessment of an Audit Report prepared by the EDTEA, in order to determine whether the findings in the Audit Report met with the requirements for just administrative action as outlined in the PAJA.

The issues raised were: (a) is an Environmental Authorisation issued 20 years ago, in terms of which construction had been completed more than 10 years ago, still a valid empowering provision against which compliance can be audited, and (b) is the National Water Act applicable to an area where infilling had taken place to claim land from the sea.