OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPACIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016

This document is a formal objection submitted by the Centre for Environmental Rights on behalf of a coalition of eight civil society and community non-profit organisations. The objection opposes an application by Atha-Africa Ventures (Pty) Ltd to change the land use of Portion 1 of the Farm Yzermyn 96 in Mpumalanga from agricultural to mining purposes to facilitate the construction of the proposed Yzermyn Underground Coal Mine.

• The proposed Yzermyn Underground Coal Mine is situated in a protected area buffer zone adjacent to the Mabola Protected Environment and corresponds with several wetlands. Underground mining activities and certain surface infrastructure, such as pipelines and boreholes, would fall directly within the protected area.
• Scientific assessments, including one by NSS commissioned by the applicant, conclude that the project is 'fatally flawed' from a biodiversity perspective. The primary concerns are the dewatering of aquifers and the potential for groundwater contamination, which would significantly impact aquatic and wetland ecosystem functioning.
• The dewatering of aquifers is expected to lower groundwater levels, potentially drying out wetlands and reducing flow into the Assegaai River. NSS reports that at least 40% of the underground mining and surface infrastructure area consists of wetland habitat, and the impact is rated as 'HIGH' significance both with and without mitigation.
• The project poses a severe risk of acid mine drainage and contaminated groundwater decant. Because the mine is located in the headwaters of the Assegaai River, contamination would threaten water resources and users in the lower catchment, with NSS rating this impact as 'HIGH' and mitigation as impossible.
• The proposed mine area contains several vulnerable species, including six floral species at high risk of extinction, 30 species protected under the Mpumalanga Conservation Act, and various Conservation Important mammals and birds. The site falls within an Important Bird and Biodiversity Area (IBA) identified by BirdLife International.
• The mine would negatively impact local subsistence farmers and poor rural communities who rely on 23 springs in the project area for domestic and livestock water. Approximately eight low-income homesteads are located on the site, and these residents are considered vulnerable from a livelihood perspective.
• The objectors argue that the application for land use change is fundamentally flawed and fails to comply with the Spatial Planning and Land Use Management Act (SPLUMA) and local by-laws. Specifically, they claim there was inadequate public participation and that the application did not lie for inspection during the advertised period.
• The Dr Pixley Ka Isaka Seme Local Municipality' same Spatial Development Framework (SDF) identifies the area as a 'sensitive natural area' and states that mining is an 'undesirable' activity not allowed in Zone 1: Conservation areas. The SDF notes that agriculture contributes 18.85% to the local GVA, while mining contributes only 0.92%.
• The objectors contend that the application affects the national interest under section 52 of SPLUMA because it impacts a strategic water source area that feeds the Upper Vaal, Thukela, and Usutu to Mhlathuze river systems, with the latter extending into Swaziland and Mozambique.
• Atha-Africa Ventures' socio-economic report estimates 576 employment opportunities during construction and operation over a 15-year lifespan. However, the report admits that local skills levels are low, making it unlikely that the required labour will be found within local communities without active skills development.

APA

Centre for Environmental Rights (2018). OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPACIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016. https://cer.org.za/wp-content/uploads/2019/07/Annexure-A.pdf?x21779

Chicago

Centre for Environmental Rights. OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPACIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016. 2018. https://cer.org.za/wp-content/uploads/2019/07/Annexure-A.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPACIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016 |date=30 May 2018 |url=https://cer.org.za/wp-content/uploads/2019/07/Annexure-A.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2018objection, author = {{Centre for Environmental Rights}}, title = {{OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPACIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016}}, publisher = {Centre for Environmental Rights}, year = {2018}, month = may, url = {https://cer.org.za/wp-content/uploads/2019/07/Annexure-A.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }