acwas-objections-to-the-pael-appeal-10-may-2019-257971b9aa91cba0.pdf

This document is a written response from the Third Respondent, ACWA Power Station Khanyisa Thermal Power Station (RF) (Pty) Ltd, to an appeal filed by GroundWork. The appeal challenged the decision by the Nkangala District Municipality (NDM) to transfer a provisional atmospheric emissions licence (PAEL) from Anglo Operations (Pty) Ltd to ACWA for the Khanyisa Project, a coal-fired power station near eMalahleni.

• ACWA argues that the appeal filed by GroundWork is legally defective because it is framed as a review of the decision-making process (alleging irrationality and failure to consider relevant matters) rather than a 'wide appeal' under section 62 of the Local Government: Municipal Systems Act 32 of 2000. ACWA contends that in a wide appeal, the authority decides the merits of the case afresh, making the rationality of the original process irrelevant.
• ACWA asserts that the 2015 PAEL was valid and that the NDM was legally required to treat it as such during the transfer process. ACWA claims that the time limit to challenge the original issuance of the 2015 PAEL had expired, meaning the NDM and the Appeal Authority cannot reopen the question of whether the licence was correctly issued in the first place.
• The document argues that the requirements for transferring a PAEL under section 44 of the National Environmental Management: Air Quality Act (NEM:AQA) are distinct from the requirements for initially granting one. ACWA maintains that the NDM only needed to verify the transfer of ownership, payment of the prescribed fee, submission of required documentation, and whether the applicant is a 'fit and proper person'.
• ACWA disputes GroundWork's claim that the project's capacity was 600MW, which would have exceeded the PAEL's 450MW limit. ACWA states that while it applied for authorisations for 600MW, it bid for and was awarded preferred bidder status for a capacity of 306MW, which falls within the scope of the PAEL.
• ACWA maintains that it met the public notification requirements of section 44(4) of NEM:AQA by publishing notices in the Middelburg Observer and the Witbank News on 24 February 2017. It acknowledges a clerical error where section 44 was referred to as section 47 but argues this was an 'immaterial error' that did not invalidate the process.
• ACWA claims it is a 'fit and proper person' to hold the licence, citing its global experience as a developer and operator of power and desalination plants, with a portfolio of 48 projects in over 10 countries, including South Africa, providing approximately 27GW of energy.

APA

Centre for Environmental Rights (n.d.). acwas-objections-to-the-pael-appeal-10-may-2019-257971b9aa91cba0.pdf. https://cer.org.za/wp-content/uploads/2019/08/ACWAs-Objections-to-the-PAEL-Appeal-10-May-2019.pdf?x21779

Chicago

Centre for Environmental Rights. acwas-objections-to-the-pael-appeal-10-may-2019-257971b9aa91cba0.pdf. n.d. https://cer.org.za/wp-content/uploads/2019/08/ACWAs-Objections-to-the-PAEL-Appeal-10-May-2019.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=acwas-objections-to-the-pael-appeal-10-may-2019-257971b9aa91cba0.pdf |url=https://cer.org.za/wp-content/uploads/2019/08/ACWAs-Objections-to-the-PAEL-Appeal-10-May-2019.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndacwasobjectionstothepaelappeal10may2019257971b9aa91cba0pdf, author = {{Centre for Environmental Rights}}, title = {{acwas-objections-to-the-pael-appeal-10-may-2019-257971b9aa91cba0.pdf}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2019/08/ACWAs-Objections-to-the-PAEL-Appeal-10-May-2019.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }