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 09 MAY 2025

The Mining and Environmental Justice Community Network of South Africa (MEJCON-SA) and Mining Affected Communities United in Action (MACUA) have lodged an appeal to the Minister of Forestry, Fisheries and the Environment to set aside an environmental authorisation (EA) granted by the Department of Mineral Resources and Energy (DMRE) on 09 May 2025 to Tetra4 (Pty) Ltd. The EA allows Tetra4 to extend its production right to incorporate 18 additional wells across 80 farm portions in the Free State Province. The appellants argue that Tetra4 used a Basic Assessment Report (BAR) process under section 102 of the Mineral and Petroleum Resources Development Act (MPRDA) to circumvent a previous ministerial order from 01 August 2024, which had set aside a larger 'Cluster 2' expansion due to inadequate climate and groundwater assessments.

• The appellants contend that Tetra4 used a section 102 MPRDA amendment application and a Basic Assessment Report (BAR) to bypass the more rigorous Scoping and Environmental Impact Reporting process required for high-impact activities. They argue this is a "thinly veiled attempt" to avoid the Minister's 01 August 2024 decision, which ordered Tetra4 to revise its Cluster 2 expansion assessments after finding them deficient.
• The appeal highlights critical failures in groundwater and climate change assessments. Expert Dr. Steven Campbell described Tetra4's groundwater computer model as "at best suspect," noting it disregards the complex nature of fractured-rock aquifers and lacks site-specific data. Similarly, Dr. Eloise Marais found that the climate change assessment underestimated methane emissions and omitted full life-cycle Scope 3 emissions.
• The appellants argue that the project's need and desirability are not justified, citing South Africa's Just Energy Transition Framework and the risk of "carbon lock-in." They also point to Tetra4's financial instability, noting a 114% increase in total comprehensive loss attributable to ordinary shareholders from 2024 (R100.2 million) to 2025 (R235.8 million).
• The public participation process is alleged to have been inadequate, specifically failing to consult or notify farm workers and farm dwellers who may be most severely impacted. The appellants state there is no record of consultation with these vulnerable groups, despite the project requiring access to farms.
• The appeal asserts that the South African state lacks the capacity to monitor and enforce compliance for gas operations. It claims that while there are 94 designated Environmental Mineral Resource Inspectors (EMRIs), all are designated for mining and none for the oil and gas sector, and the Petroleum Agency of South Africa (PASA) has only one office in Cape Town.

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 09 MAY 2025. https://cer.org.za/wp-content/uploads/2025/06/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 09 MAY 2025. n.d. https://cer.org.za/wp-content/uploads/2025/06/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 09 MAY 2025 |url=https://cer.org.za/wp-content/uploads/2025/06/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 09 MAY 2025}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2025/06/Annexure-A.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }