APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST ENVIRONMENTAL AUTHORISATION GRANTED TO NAMANE GENERATION (PTY) LTD ON 28 FEBRUARY 2017

An appeal by Earthlife Africa Johannesburg and groundWork to set aside the environmental authorisation for the 660 MW Namane coal-fired power station in Limpopo, South Africa. The appellants argue the decision is unlawful due to failures to assess climate change impacts, air quality risks, and water scarcity in the Waterberg region, while ignoring renewable energy alternatives and violating national and international environmental commitments.

• The Appellants argue that the environmental authorisation for the 660 MW Namane coal-fired power station is unlawful because it fails to comply with the National Environmental Management Act (NEMA), the National Environmental Management: Waste Act (NEMWA), and the National Environmental Management: Air Quality Act (AQA).
• The project is located in the Waterberg region, which is identified as a water-stressed area. The Appellants claim the Updated Environmental Impact Report (EIR) is vague regarding total water usage and fails to explain how the proposed dry-cooling technology addresses the region's scarcity, given a daily throughput of 1.9 million cubic meters of water.
• The Appellants contend that the authorisation violates air quality standards and the goals of the Waterberg-Bojanala Priority Area (WBPA) Air Quality Management Plan (AQMP). They state that the project will emit harmful pollutants including sulphur dioxide (SO2), nitrogen oxides (NOx), and particulate matter (PM), which are linked to respiratory diseases and increased mortality.
• The appeal asserts that the project lacks a necessary climate change assessment, which the Appellants argue is a legal requirement following the 'Thabametsi case' court ruling. They state that coal-fired power stations are the largest source of greenhouse gas (GHG) emissions in South Africa and that the project would contradict the country's commitments under the Paris Agreement.
• The Appellants argue that the First Respondent failed to consider feasible and reasonable alternatives to coal, specifically renewable energy sources like wind and solar. They cite a Stanford University study suggesting South Africa could meet 100% of its electricity needs from renewables while saving US$71.2 billion in annual health costs.
• The appeal claims that the authorisation is procedurally flawed under the Promotion of Administrative Justice Act (PAJA) because it is not rationally connected to the information available and failed to consider relevant factors such as cumulative impacts and health risks.
• The Appellants challenge the constitutionality of the 2014 NEMA Appeal Regulations and EIA Regulations, arguing that the 20-day timeframe for submitting a complete appeal is unreasonably short and limits meaningful public participation.
• The document identifies several specific technical failures in the authorisation's conditions, describing them as vague and unenforceable, particularly regarding the design and monitoring of the ash disposal facility and groundwater management.

APA

Centre for Environmental Rights (2017). APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST ENVIRONMENTAL AUTHORISATION GRANTED TO NAMANE GENERATION (PTY) LTD ON 28 FEBRUARY 2017. https://cer.org.za/wp-content/uploads/2014/06/Annexure-A-Appeal-Namane-IPP-4-4-17.pdf?x21779

Chicago

Centre for Environmental Rights. APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST ENVIRONMENTAL AUTHORISATION GRANTED TO NAMANE GENERATION (PTY) LTD ON 28 FEBRUARY 2017. 2017. https://cer.org.za/wp-content/uploads/2014/06/Annexure-A-Appeal-Namane-IPP-4-4-17.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST ENVIRONMENTAL AUTHORISATION GRANTED TO NAMANE GENERATION (PTY) LTD ON 28 FEBRUARY 2017 |date=4 April 2017 |url=https://cer.org.za/wp-content/uploads/2014/06/Annexure-A-Appeal-Namane-IPP-4-4-17.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2017appeal, author = {{Centre for Environmental Rights}}, title = {{APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST ENVIRONMENTAL AUTHORISATION GRANTED TO NAMANE GENERATION (PTY) LTD ON 28 FEBRUARY 2017}}, publisher = {Centre for Environmental Rights}, year = {2017}, month = apr, url = {https://cer.org.za/wp-content/uploads/2014/06/Annexure-A-Appeal-Namane-IPP-4-4-17.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }