APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST AMENDED ENVIRONMENTAL AUTHORISATION GRANTED TO PHINDA POWER PROJECTS (PTY) LTD ON 2 AUGUST 2024

This document is a formal appeal submitted by groundWork and the South Durban Community Environmental Alliance (SDCEA) to the Minister of Forestry, Fisheries and Environment. The appeal seeks to set aside an Amended Environmental Authorisation (Amended EA) granted on 2 August 2024 to Phinda Power Projects (Pty) Ltd for a 320MW Emergency Risk Mitigation Power Plant in Alton, Richards Bay. The Appellants argue that the decision was unlawful, procedurally unfair, and failed to adequately assess the environmental and climate impacts of switching the plant's fuel source and technology.

• The Appellants argue that the Department of Forestry, Fisheries and Environment (DFFE) erroneously allowed a 'Part 1' amendment process instead of a 'Part 2' process. They contend that because the amendments involve a change in fuel source and technology, they result in a 'change to the scope' and a 'change in the nature of impact' that was not previously assessed, which legally requires the more rigorous Part 2 process including a full impact assessment and public participation.
• The appeal claims that the public participation process was procedurally inadequate. While the DFFE reportedly requested a 30-day comment period on the application form and motivational report, the Appellants assert that the Environmental Assessment Practitioner limited the process to only the Air Emissions Report, excluding the Motivational Report from public review.
• The Appellants assert that the decision relied incorrectly on an Air Emissions Report, which they argue is insufficient to address climate impacts. They state that a comprehensive Climate Change Impact Assessment (CCIA) was required to evaluate full life-cycle emissions, cumulative emissions, and the social cost of greenhouse gases, as well as the risks of methane leaks from LNG infrastructure.
• The appeal highlights a failure to assess the specific environmental impacts of switching from Liquified Petroleum Gas (LPG) to Liquified Natural Gas (LNG). This is presented as a critical omission, especially since a previous decision by the Minister on 20 November 2021 had explicitly stated that such a switch would require the environmental impacts of the new fuel to be assessed in a future amended or new EA application.
• The Appellants contend that the granting of the Amended EA violates the National Environmental Management Act (NEMA) Principles, the Constitution of South Africa, and the Promotion of Administrative Justice Act (PAJA). They argue the decision was irrational and unreasonable because it ignored relevant considerations, such as the Appellants' ongoing judicial review of the original 2021 EA.

APA

Centre for Environmental Rights (2024). APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST AMENDED ENVIRONMENTAL AUTHORISATION GRANTED TO PHINDA POWER PROJECTS (PTY) LTD ON 2 AUGUST 2024. https://cer.org.za/wp-content/uploads/2024/08/Annexure-C.-Grounds-of-Appeal.pdf?x21779

Chicago

Centre for Environmental Rights. APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST AMENDED ENVIRONMENTAL AUTHORISATION GRANTED TO PHINDA POWER PROJECTS (PTY) LTD ON 2 AUGUST 2024. 2024. https://cer.org.za/wp-content/uploads/2024/08/Annexure-C.-Grounds-of-Appeal.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 AMENDED ENVIRONMENTAL AUTHORISATION GRANTED TO PHINDA POWER PROJECTS (PTY) LTD ON 2 AUGUST 2024 |date=27 August 2024 |url=https://cer.org.za/wp-content/uploads/2024/08/Annexure-C.-Grounds-of-Appeal.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2024appeal, author = {{Centre for Environmental Rights}}, title = {{APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST AMENDED ENVIRONMENTAL AUTHORISATION GRANTED TO PHINDA POWER PROJECTS (PTY) LTD ON 2 AUGUST 2024}}, publisher = {Centre for Environmental Rights}, year = {2024}, month = aug, url = {https://cer.org.za/wp-content/uploads/2024/08/Annexure-C.-Grounds-of-Appeal.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }