APPEAL RESPONSE REPORT

The Centre for Environmental Rights, representing MEJCON-SA and MACUA, has filed an appeal response report challenging the Environmental Authorisation (EA) granted to Tetra4 (Pty) Ltd for its Gas Gathering and Production Project in Virginia, Free State. The appellants argue that Tetra4 used a Basic Assessment Report (BAR) process to circumvent more rigorous Scoping and EIA requirements for the drilling of 18 additional wells, effectively 'project splitting' to avoid comprehensive environmental scrutiny. The report highlights critical failures in assessing climate change and geohydrology impacts, inadequate public participation—specifically the exclusion of farm workers and dwellers—and a lack of state capacity to monitor and enforce compliance in the oil and gas sector.

• The appellants argue that Tetra4 (Pty) Ltd used a Basic Assessment Report (BAR) process to unlawfully circumvent the more rigorous Scoping and EIA process required for high-impact activities. They contend that the drilling of 18 oil and gas wells involves significant environmental risks, including groundwater contamination and methane emissions, which align with Listing Notice 2 activities requiring a full EIA.
• The report claims that Tetra4 used section 102 of the MPRDA to expand its Production Right area by consolidating Exploration Rights 32 and 94, thereby bypassing the substantive requirements of section 84(1) of the MPRDA. These bypassed requirements include ensuring production does not result in 'unacceptable pollution, ecological degradation or damage to the environment' and providing a prescribed social and labour plan.
• The groundwater assessment in the BAR is described as substantially flawed because it relies on a 2022 Cluster 2 Geohydrology Assessment that was previously set aside. Expert Dr. Steven Campbell asserts that the project's computer groundwater-flow model is 'suspect' and 'inherently compromised' because it disregards the complex nature of fractured-rock aquifers and lacks site-specific data.
• The climate change impact assessment in the BAR is characterized as 'paltry' and 'almost non-existent.' It fails to address previous directives from the Minister to provide detailed analysis of Scope 1, 2, and 3 greenhouse gas emissions, particularly regarding methane (CH4) underestimates identified by expert Dr. Eloise A. Marais.
• The project's need and desirability are questioned due to South Africa's commitment to the Just Energy Transition Framework and the Paris Agreement. The appellants argue that new fossil gas projects risk 'carbon lock-in' and may become stranded assets as global finance shifts toward renewables.
• Tetra4 is reported to be in severe financial distress, having breached debt covenants and seen a 114% increase in total comprehensive loss attributable to ordinary shareholders, rising from R100.2 million in 2024 to R235.8 million in 2025.
• The public participation process is alleged to be deficient for failing to consult with farm workers and farm dwellers, who are among the most vulnerable affected parties. Additionally, civil society organizations like Natural Justice were reportedly not notified of the BAR's availability.
• The appellants argue that the state lacks the capacity to monitor and enforce compliance for gas operations. They note that while there are 94 designated Environmental Mineral Resource Inspectors (EMRIs) in South Africa, all are designated for mining, and none for the oil and gas sector.

APA

Centre for Environmental Rights (2025). APPEAL RESPONSE REPORT. https://cer.org.za/wp-content/uploads/2025/06/Appeal-Response-Report-CER-obo-MEJCON-SA-and-MACUA.pdf?x21779

Chicago

Centre for Environmental Rights. APPEAL RESPONSE REPORT. 2025. https://cer.org.za/wp-content/uploads/2025/06/Appeal-Response-Report-CER-obo-MEJCON-SA-and-MACUA.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=APPEAL RESPONSE REPORT |date=9 May 2025 |url=https://cer.org.za/wp-content/uploads/2025/06/Appeal-Response-Report-CER-obo-MEJCON-SA-and-MACUA.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights2025appeal, author = {{Centre for Environmental Rights}}, title = {{APPEAL RESPONSE REPORT}}, institution = {Centre for Environmental Rights}, year = {2025}, month = may, url = {https://cer.org.za/wp-content/uploads/2025/06/Appeal-Response-Report-CER-obo-MEJCON-SA-and-MACUA.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }