APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT, 2000 OF ESKOM’S HENDRINA POWER STATION ATMOSPHERIC EMISSION LICENCE 17/4/AEL/MP312/11/16 ISSUED ON 31 MARCH 2015

This document is a formal appeal submitted by the Centre for Environmental Rights (CER) on behalf of groundWork, Earthlife Africa Johannesburg, and the Highveld Environmental Justice Network. The appeal challenges the variation of the Atmospheric Emission Licence (AEL) for Eskom's Hendrina Power Station, issued by the Nkangala District Municipality on 31 March 2015. The appellants argue that the AEL improperly incorporates postponements of Minimum Emission Standards (MES) granted by the National Air Quality Officer, thereby permitting pollution levels that exceed national standards in a declared priority area with already compromised air quality.

• The appellants argue that the AEL for Hendrina Power Station is irrational because it permits emissions that exceed the Minimum Emission Standards (MES). Specifically, for SO2, the AEL allows a limit of 3200mg/Nm3 from 1 April 2020 to 31 March 2025, which is nearly 6.5 times the MES of 500mg/Nm3.
• The Highveld Priority Area (HPA), where Hendrina is located, suffers from severe air quality non-compliance. Industrial sources contribute 89% of PM10, 90% of NOx, and 99% of SO2 emissions in the region, with power generation specifically contributing 73% of NOx and 82% of SO2.
• The appeal highlights that Hendrina Power Station is an unreliable facility with frequent 'upset conditions' and start-ups. Between 2010 and 2013, the station recorded 117, 141, 140, and 108 start-ups respectively, and has frequently requested waivers for emission limits due to leaking bags and dust hopper failures.
• The CER asserts that Eskom has a poor compliance history and should not be considered a 'fit and proper person' for licensing leniency. The document cites the 2011-2012 National Environmental Compliance and Enforcement Report, which identified Eskom as the organ of state with the highest rate of non-compliance with environmental legislation.
• The appellants claim that the licensing authority failed to consider the significant health impacts of emissions. They cite a health impact assessment estimating that non-compliance with MES across Eskom's plants could cause approximately 20,000 premature deaths over the remaining life of the plants.
• The appeal argues that the AEL is deficient because it lacks a mandatory emission reduction plan and fails to make critical monitoring data—such as monthly emission reports and the complaints register—automatically available to the public.
• The appellants challenge the 'offset' programme required by the AEL (condition 4.4), arguing that the current provision is too vague to be enforceable and should be replaced with a quantitative, measurable plan subject to public participation.
• The document states that the licensing authority ignored the National Environmental Management (NEM) Principles, specifically the 'preventive principle' and the 'polluter pays principle', by allowing the postponement of emission standards in a priority area.

APA

Centre for Environmental Rights (2015). APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT, 2000 OF ESKOM’S HENDRINA POWER STATION ATMOSPHERIC EMISSION LICENCE 17/4/AEL/MP312/11/16 ISSUED ON 31 MARCH 2015. https://cer.org.za/wp-content/uploads/2014/06/Appeal-Submissions_Hendrina_13-May-2015.pdf?x21779

Chicago

Centre for Environmental Rights. APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT, 2000 OF ESKOM’S HENDRINA POWER STATION ATMOSPHERIC EMISSION LICENCE 17/4/AEL/MP312/11/16 ISSUED ON 31 MARCH 2015. 2015. https://cer.org.za/wp-content/uploads/2014/06/Appeal-Submissions_Hendrina_13-May-2015.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT, 2000 OF ESKOM’S HENDRINA POWER STATION ATMOSPHERIC EMISSION LICENCE 17/4/AEL/MP312/11/16 ISSUED ON 31 MARCH 2015 |date=13 May 2015 |url=https://cer.org.za/wp-content/uploads/2014/06/Appeal-Submissions_Hendrina_13-May-2015.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights2015appeal, author = {{Centre for Environmental Rights}}, title = {{APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT, 2000 OF ESKOM’S HENDRINA POWER STATION ATMOSPHERIC EMISSION LICENCE 17/4/AEL/MP312/11/16 ISSUED ON 31 MARCH 2015}}, institution = {Centre for Environmental Rights}, year = {2015}, month = may, url = {https://cer.org.za/wp-content/uploads/2014/06/Appeal-Submissions_Hendrina_13-May-2015.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }