APPEAL PURSUANT TO SECTION 43(1A) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST THE DECISION RELATED TO THE ENVIRONMENTAL AUTHORISATION GRANTED TO TETRA4 (PTY) LTD ON 13 JULY 2023

The Mining and Environmental Justice Community Network of South Africa (MEJCON-SA) and Mining Affected Communities United in Action (MACUA) have appealed a decision by the Department of Mineral Resources and Energy (DMRE) to grant environmental authorisation (EA) to Tetra4 (Pty) Ltd for the Cluster 2 Virginia Gas Production Project. The appellants argue that the decision is unlawful and unreasonable due to flawed groundwater and climate change assessments, inadequate public participation, a failure to consider renewable energy alternatives, and the state's lack of capacity to monitor gas operations.

• The appellants argue that the groundwater impact analysis in the Final Environmental Impact Assessment Report (FEIAR) is fatally flawed, relying on a computer model that disregards the complex nature of fractured-rock aquifers and lacks sufficient site-specific data.
• The Climate Change Impact Assessment (CCIA) is alleged to be substantially flawed because it omits Scope 3 emissions and underestimates methane (CH4) emissions by using outdated global warming potential values and unrealistic flaring efficiency assumptions.
• The appeal claims that public participation was inadequate, specifically failing to identify or meaningfully consult farm workers and occupiers who are most vulnerable to the project's impacts, despite the project's potential to severely affect their livelihoods.
• The appellants contend that the project is neither necessary nor desirable because it risks creating 'stranded assets' as the world transitions from fossil fuels, and it fails to consider renewable energy as a cheaper and more sustainable alternative.
• The document asserts that the project's impact on the agricultural and tourism sectors was not properly assessed, despite the Free State being a critical agricultural region and the potential for economic displacement of farmers.
• The appeal states that the South African government lacks the resources and capacity to monitor and enforce compliance for gas operations, noting that as of 2023, there are no Environmental Mineral Resource Inspectors (EMRIs) designated specifically for the gas sector.

APA

Centre for Environmental Rights (n.d.). APPEAL PURSUANT TO SECTION 43(1A) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST THE DECISION RELATED TO THE ENVIRONMENTAL AUTHORISATION GRANTED TO TETRA4 (PTY) LTD ON 13 JULY 2023. https://cer.org.za/wp-content/uploads/2023/12/Annexure-A.pdf?x21779

Chicago

Centre for Environmental Rights. APPEAL PURSUANT TO SECTION 43(1A) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST THE DECISION RELATED TO THE ENVIRONMENTAL AUTHORISATION GRANTED TO TETRA4 (PTY) LTD ON 13 JULY 2023. n.d. https://cer.org.za/wp-content/uploads/2023/12/Annexure-A.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=APPEAL PURSUANT TO SECTION 43(1A) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST THE DECISION RELATED TO THE ENVIRONMENTAL AUTHORISATION GRANTED TO TETRA4 (PTY) LTD ON 13 JULY 2023 |url=https://cer.org.za/wp-content/uploads/2023/12/Annexure-A.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsndappeal, author = {{Centre for Environmental Rights}}, title = {{APPEAL PURSUANT TO SECTION 43(1A) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST THE DECISION RELATED TO THE ENVIRONMENTAL AUTHORISATION GRANTED TO TETRA4 (PTY) LTD ON 13 JULY 2023}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2023/12/Annexure-A.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }