RESPONSE TO CLARITY QUESTIONS POSED BY CENTRE FOR ENVIRONMENTAL RIGHTS IN RESPECT OF THE APPEAL DECISION WITH REFERENCE NUMBER: LSA 204679, DATED 10 AUGUST 2021

The Department of Forestry, Fisheries and the Environment (DFFE) informed the Centre for Environmental Rights that it is currently amending the Environmental Authorisation for the 400 MW Richards Bay Gas to Power Facility following a Ministerial appeal decision on 10 August 2021. The Minister upheld appeals regarding fuel storage capacity, offloading stations, and the EA's validity period. The DFFE stated that detailed reasons for the decision are in the original appeal document and that any judicial review must be filed within 180 days.

• On 10 August 2021, the Minister upheld specific grounds of appeal regarding the 400 Megawatts (MW) Richards Bay Gas to Power Facility, specifically concerning the number of fuel offloading stations, fuel storage capacity updates, and the validity period of the 2016 Environmental Authorisation (EA).
• Following the appeal decision, the Minister directed the Chief Directorate: Integrated Environmental Authorisations (CD: IEA) to determine with the applicant whether to replace the original EA or provide an addendum for allowed amendments, to correct the validity period error in the 2021 Amended Authorisation, and noted that the applicant could consider an Environmental Impact Assessment (EIA) to increase fuel offloading stations and storage tanks.
• The CD: IEA is currently amending the EA based on the appeal outcome. Because this process is ongoing, the Department stated it is too early to provide details on the specific approach taken by the applicant and the Department. Once the amended EA is available, the applicant must notify registered interested and affected parties (I&APs) as per regulation 4 of the EIA Regulations, 2014.
• The Department directed the Centre for Environmental Rights to the 'evaluation' sub-headings (paragraphs 2.12 - 2.39; 2.48 – 2.61; 2.74 – 2.89; and 2.97 – 2.98) of the 10 August 2021 decision for detailed reasons. It further noted that any application for judicial review under the Promotion of Administrative Justice Act, 2000 must be instituted within 180 days of notification.

APA

Centre for Environmental Rights (n.d.). RESPONSE TO CLARITY QUESTIONS POSED BY CENTRE FOR ENVIRONMENTAL RIGHTS IN RESPECT OF THE APPEAL DECISION WITH REFERENCE NUMBER: LSA 204679, DATED 10 AUGUST 2021. https://cer.org.za/wp-content/uploads/2022/03/20211126-DFFE-letter-response.pdf?x21779

Chicago

Centre for Environmental Rights. RESPONSE TO CLARITY QUESTIONS POSED BY CENTRE FOR ENVIRONMENTAL RIGHTS IN RESPECT OF THE APPEAL DECISION WITH REFERENCE NUMBER: LSA 204679, DATED 10 AUGUST 2021. n.d. https://cer.org.za/wp-content/uploads/2022/03/20211126-DFFE-letter-response.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=RESPONSE TO CLARITY QUESTIONS POSED BY CENTRE FOR ENVIRONMENTAL RIGHTS IN RESPECT OF THE APPEAL DECISION WITH REFERENCE NUMBER: LSA 204679, DATED 10 AUGUST 2021 |url=https://cer.org.za/wp-content/uploads/2022/03/20211126-DFFE-letter-response.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsndresponse, author = {{Centre for Environmental Rights}}, title = {{RESPONSE TO CLARITY QUESTIONS POSED BY CENTRE FOR ENVIRONMENTAL RIGHTS IN RESPECT OF THE APPEAL DECISION WITH REFERENCE NUMBER: LSA 204679, DATED 10 AUGUST 2021}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2022/03/20211126-DFFE-letter-response.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }