APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST ENVIRONMENTAL AUTHORISATION GRANTED TO NEWSHELF 1282 (PTY) LIMITED ON 25 FEBRUARY 2015

This document is an appeal submitted by Earthlife Africa Johannesburg on 11 May 2015 to the Minister of Environmental Affairs. The appeal challenges the environmental authorisation granted on 25 February 2015 to Newshelf 1282 (Pty) Limited for the construction of the 1200 megawatt (MW) coal-fired Thabametsi power station near Lephalale in the Limpopo Province. The appellant argues that the decision was unlawful, failed to consider critical air quality and water scarcity issues, ignored climate change obligations, and violated the Promotion of Administrative Justice Act (PAJA).

• The appellant challenges the authorisation of the Thabametsi power station, a 1200MW coal-fired facility, arguing that its capacity exceeds the Coal Baseload Independent Power Producer Programme (CBIPP) limit by 600MW.
• The project site is located in a water-stressed area of the Waterberg district, specifically Lephalale, which suffers from a water deficit. The project intends to source water from the Mokolo and Crocodile Water Augmentation Project (MCWAP), but the appellant notes that the environmental impact assessment for MCWAP 2 has not been completed, making the 2020 completion deadline unlikely.
• The project site falls within the Waterberg-Bojanala Priority Area (WBPA), where air quality is a serious concern. The appellant asserts that the project will contribute to pollutants such as sulphur dioxide (SO2), nitrous oxides (NOx), and particulate matter (PM), contradicting the goals of the draft WBPA Air Quality Management Plan (AQMP).
• The appellant argues that the first respondent failed to comply with the National Environmental Management Act (NEMA) and the Constitution by neglecting to apply environmental management principles, failing to consider feasible alternatives (such as renewable energy or a 'no-go' option), and ignoring the National Climate Change Response White Paper.
• The appeal claims the environmental authorisation is deficient as a waste management licence (WML) under the National Environmental Management: Waste Act (NEMWA), specifically failing to quantify waste or stipulate the period for which the licence is issued.
• The appellant alleges that the South African Heritage Resources Agency (SAHRA) provided final comments on 23 July 2014 regarding palaeontological sensitivity and required a 30m buffer zone around Nelson's Kop, but these recommendations were not incorporated into the Final Environmental Impact Report (FEIR) or the authorisation conditions.
• The appellant contends that the authorisation conditions are vague and unenforceable, citing examples such as Condition 17.2.7, which is described as incomplete, and Condition 17.2.11, which requires facilities to be located away from faults despite the proposed ash dam crossing at least two faults.
• The decision is challenged under the Promotion of Administrative Justice Act (PAJA) on the grounds that it was unlawful, failed to consider relevant factors (such as health and climate impacts), and was not rationally connected to the information provided in the FEIR.

APA

Centre for Environmental Rights (2015). APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST ENVIRONMENTAL AUTHORISATION GRANTED TO NEWSHELF 1282 (PTY) LIMITED ON 25 FEBRUARY 2015. https://cer.org.za/wp-content/uploads/2014/06/Annexure-A-Appeal-Submissions-Thabametsi-IPP.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 NEWSHELF 1282 (PTY) LIMITED ON 25 FEBRUARY 2015. 2015. https://cer.org.za/wp-content/uploads/2014/06/Annexure-A-Appeal-Submissions-Thabametsi-IPP.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 NEWSHELF 1282 (PTY) LIMITED ON 25 FEBRUARY 2015 |date=11 May 2015 |url=https://cer.org.za/wp-content/uploads/2014/06/Annexure-A-Appeal-Submissions-Thabametsi-IPP.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2015appeal, author = {{Centre for Environmental Rights}}, title = {{APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST ENVIRONMENTAL AUTHORISATION GRANTED TO NEWSHELF 1282 (PTY) LIMITED ON 25 FEBRUARY 2015}}, publisher = {Centre for Environmental Rights}, year = {2015}, month = may, url = {https://cer.org.za/wp-content/uploads/2014/06/Annexure-A-Appeal-Submissions-Thabametsi-IPP.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }