APPEAL RESPONSE REPORT

This Appeal Response Report details the legal dispute regarding the authorization of the 1050MW Colenso Coal Fired Power Station. The document lists five grounds of appeal raised by Groundwork and the South Durban Community Environmental Alliance, alleging failures to comply with the National Environmental Management Act (NEMA), EIA Regulations, and Constitutional requirements, and provides the responding statements from the Department/DMR denying these failures.

• The proposed project involves the construction of a 1050MW Colenso Coal Fired Power Station and associated infrastructure, which was authorized on 5 February 2016.
• The appellants, Groundwork and the South Durban Community Environmental Alliance, claim the First Respondent failed to apply the NEMA Principles under section 2 and failed to comply with obligations under NEMA section 24O(1) to account for all relevant factors.
• The appeal alleges that the First Respondent breached NEMA section 24(4) by failing to ensure adequate public participation, failing to investigate potential environmental consequences, and failing to integrate environmental management principles into the decision.
• The appellants argue that the First Respondent failed to comply with regulation 18 of the EIA Regulations, 2014, specifically regarding the minimum requirements for an environmental impact report (EIR) to assess significant impacts and risks.
• The appeal asserts that the First Respondent is in breach of the Promotion of Administrative Justice Act (PAJA) and section 24 of the Constitution, though the Department/DMR denies these claims.

APA

Centre for Environmental Rights (n.d.). APPEAL RESPONSE REPORT. https://cer.org.za/wp-content/uploads/2014/06/COLENSO-PTY-LTD-RESPONDING-STATEMENT-FORM.pdf?x21779

Chicago

Centre for Environmental Rights. APPEAL RESPONSE REPORT. n.d. https://cer.org.za/wp-content/uploads/2014/06/COLENSO-PTY-LTD-RESPONDING-STATEMENT-FORM.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=APPEAL RESPONSE REPORT |url=https://cer.org.za/wp-content/uploads/2014/06/COLENSO-PTY-LTD-RESPONDING-STATEMENT-FORM.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndappeal, author = {{Centre for Environmental Rights}}, title = {{APPEAL RESPONSE REPORT}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2014/06/COLENSO-PTY-LTD-RESPONDING-STATEMENT-FORM.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }