APPELLANTS’ ANSWERING STATEMENT IN TERMS OF REGULATION 63(2)(b) OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2010

This answering statement, submitted by the Centre for Environmental Rights on behalf of several appellants, challenges an environmental authorisation granted to Atha Africa Ventures (Pty) Ltd for the proposed Yzermyn coal mine. The appellants argue that the project has significant implications for international environmental commitments, suffers from material gaps in specialist information—particularly regarding acid mine drainage and subsidence—and was determined by an incorrect competent authority.

• The appellants argue that the Minister of Environmental Affairs, rather than the Chief Director, should be the competent authority because the project impacts international environmental commitments. These include the Ramsar Convention on wetlands, the Migratory Species Convention (affecting species like the White Stork and Common Quail), the Convention on Biological Diversity (affecting species such as the Rough-haired Golden Mole and Brown Hyaena), and the UNFCCC, Kyoto Protocol, and Paris Agreement due to greenhouse gas emissions from underground coal mining.
• The document identifies material gaps in the Environmental Impact Assessment Report (EIAR), specifically the lack of a proper assessment of acid mine drainage (AMD) risks. The appellants state there was no contamination plume modelled for AMD associated with underground workings, and a proposed mitigation measure—starving workings of oxygen and plugging the adit—was never assessed by a specialist.
• The appellants contend that the EIAR fails to adequately assess the risk of mine subsidence. They argue that the conclusion that the risk is low was drawn by EcoPartners, who they claim is not a suitably qualified expert for such a determination, and that recommendations for a roof bolting system in the Updated Geotechnical Study were omitted from the environmental authorisation conditions.
• The document alleges a failure to properly assess cumulative impacts, specifically noting the omission of the Loskop Coal Mine, which is located 2km east of the proposed mine and also falls within the Mabola Protected Environment.
• The appellants challenge the scientific veracity of a wetland delineation letter from Scientific Aquatic Services (SAS), noting inconsistencies with a previous 2014 SAS report regarding the Ecological Importance and Sensitivity (EIS) and Present Ecological State (PES) of the wetlands.
• The appellants dispute Atha's claim that the project's power requirements are less than 10 MVA, which would avoid triggering a listed activity. They argue there is no specialist study in the EIAR assessing the power requirements of the 'Best Environmental Option', including the proposed water treatment plant.
• The appellants assert that Environmental Assessment Practitioners (EAPs) must be registered with the South African Council for Natural Scientific Professions (SACNASP). They claim that Charlaine Baartjes and San Oosthuizen failed to meet this requirement.

APA

Centre for Environmental Rights (n.d.). APPELLANTS’ ANSWERING STATEMENT IN TERMS OF REGULATION 63(2)(b) OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2010. https://cer.org.za/wp-content/uploads/2011/12/Answering-statement.pdf?x21779

Chicago

Centre for Environmental Rights. APPELLANTS’ ANSWERING STATEMENT IN TERMS OF REGULATION 63(2)(b) OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2010. n.d. https://cer.org.za/wp-content/uploads/2011/12/Answering-statement.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=APPELLANTS’ ANSWERING STATEMENT IN TERMS OF REGULATION 63(2)(b) OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2010 |url=https://cer.org.za/wp-content/uploads/2011/12/Answering-statement.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsndappellants, author = {{Centre for Environmental Rights}}, title = {{APPELLANTS’ ANSWERING STATEMENT IN TERMS OF REGULATION 63(2)(b) OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2010}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2011/12/Answering-statement.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }