In this case, the appellant challenged the order of the Department of Water Affairs and Forestry requiring him to remove seven hectares of timber plantation from his property on the basis that it constituted an unlawful afforestation. The appellant recognized that the plantations were unlawful as they were planted beyond the authorized area by his licence and request the Tribunal to legalise them.

The Water Tribunal considered that the legalisation of new water use such as new plantation was not within its powers and that the only way for the appellant to legalise his plantation would have been to apply for a new licence.