SKM_C65821081211380

This document is an appeal decision issued by the Minister of Forestry, Fisheries and the Environment of South Africa regarding the amendment of an Environmental Authorisation (EA) for the 400 MW Richards Bay Gas to Power Facility. The Minister partially upheld an appeal by GroundWork, ruling that certain increases in fuel storage capacity and unloading stations required a new Environmental Impact Assessment (EIA) rather than a simple amendment. The Minister also ordered the correction of the EA's validity period extension.

• The Minister upheld the appeal regarding the increase of fuel storage capacity from 6,000 cubic metres to 10,000 cubic metres and the increase of fuel unloading stations from two to eight. The decision states that because the increase of 4,000 cubic metres exceeds the 500 cubic metre threshold for a listed activity under Activity 4 of Listing Notice 2, it cannot be handled via a Part 1 or Part 2 amendment and instead necessitates a new EIA process.
• The Minister found an error in the 2021 Amended Authorisation's validity period. While the Applicant requested a five-year extension, the wording of Condition 7 erroneously suggested a ten-year extension from the date of the amended authorisation (31 March 2021). The Minister directed the Department to correct this to a five-year period from the date the 2021 Amended Authorisation was granted.
• The Minister dismissed the appeal ground claiming the project was re-authorised without material information, such as a comprehensive Climate Change Impact Assessment (CCIA). The Minister ruled that the Part 2 amendment process only requires assessment of the proposed changes, not a complete re-assessment of the original 2016 EIA, and noted that GHG impacts were addressed in a December 2020 Air Quality Impact Report for a provisional Atmospheric Emission Licence (AEL).
• The Minister ruled that the change in technology configuration—from a combined cycle (300MW fuelled and 100MW heat/steam) to a 400MW fuelled simple cycle process—did not trigger a new listed activity. This is because the total electricity output remained at 400MW, and Activity 2 of Listing Notice 2 regulates the output threshold (20 megawatts or more) rather than the specific generation method.
• The increase in water use, from an original estimate of 50,000 to 270,000 cubic metres per annum to a revised estimate of 1 to 1.2 million cubic metres per annum, was deemed acceptable. The Minister noted that the water is sourced from the Richards Bay IDZ and uMhlathuze Local Municipality within existing allocations, and that water resource management falls under the Department of Human Settlements, Water and Sanitation.
• The Minister dismissed the claim that the decision to re-issue the EA contravened NEMA Principles, the Constitution, or the Promotion of Administrative Justice Act (PAJA). The Minister concluded that the Department of Forestry, Fisheries and the Environment (DFFE) followed lawful empowering provisions and conducted thorough public participation processes.

APA

Centre for Environmental Rights (n.d.). SKM_C65821081211380. https://cer.org.za/wp-content/uploads/2021/08/Appeal-Decision-10-8-21.pdf?x21779

Chicago

Centre for Environmental Rights. SKM_C65821081211380. n.d. https://cer.org.za/wp-content/uploads/2021/08/Appeal-Decision-10-8-21.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=SKM_C65821081211380 |url=https://cer.org.za/wp-content/uploads/2021/08/Appeal-Decision-10-8-21.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsndskmc65821081211380, author = {{Centre for Environmental Rights}}, title = {{SKM\_C65821081211380}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2021/08/Appeal-Decision-10-8-21.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }