dd24-dd25-86f635fc7b235fc4.pdf

This document consists of an internal appeal filed by the Centre for Environmental Rights (CER) on behalf of the South Durban Community Environmental Alliance (SDCEA) and the subsequent ruling by the eThekwini Metropolitan Municipality. The appeal challenged the Municipality's refusal to grant access to Atmospheric Emission Licences (AELs) and compliance reports for the SAPREF (Shell and BP) and Engen petroleum refineries, which the Municipality had withheld citing the protection of third-party commercial information under the Promotion of Access to Information Act (PAIA). The Appeal Authority ultimately upheld the refusal, ruling that the information was commercially sensitive and that the public interest override was not sufficiently substantiated.

• The South Durban Community Environmental Alliance (SDCEA), represented by the Centre for Environmental Rights (CER), sought access to Atmospheric Emission Licences (AELs) and the most recent annual compliance reports for the Engen Petroleum Refinery and the Shell and BP Petroleum Refinery (SAPREF).
• The eThekwini Metropolitan Municipality initially refused the request on 28 November 2014, relying on section 36(1) of the Promotion of Access to Information Act (PAIA), which mandates the protection of third-party commercial information, including trade secrets and confidential financial, commercial, scientific, or technical information.
• In its appeal dated 9 December 2014, CER argued that the Municipality failed to provide adequate reasons for the refusal, did not discharge its onus of proof, and failed to consider the 'general override provision' of section 46 of PAIA, which allows disclosure if it reveals a substantial contravention of the law or an imminent environmental risk.
• CER contended that AELs and compliance reports are not confidential because AEL applications are subject to public participation processes under section 38(1)(d) of the National Environmental Management: Air Quality Act (AQA).
• On 19 January 2015, the Appeal Authority of the eThekwini Municipality dismissed the appeal, ruling that the requested records contained commercially sensitive information regarding the confidential operations and technology of the refineries.
• The Appeal Authority further ruled against invoking the section 46 public interest override, stating that the requester's submissions did not sufficiently substantiate the claim that disclosure would reveal a substantial contravention of the law or a serious public safety or environmental risk.

APA

Centre for Environmental Rights (n.d.). dd24-dd25-86f635fc7b235fc4.pdf. https://cer.org.za/wp-content/uploads/2015/04/DD24-DD25.pdf?x21779

Chicago

Centre for Environmental Rights. dd24-dd25-86f635fc7b235fc4.pdf. n.d. https://cer.org.za/wp-content/uploads/2015/04/DD24-DD25.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=dd24-dd25-86f635fc7b235fc4.pdf |url=https://cer.org.za/wp-content/uploads/2015/04/DD24-DD25.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsnddd24dd2586f635fc7b235fc4pdf, author = {{Centre for Environmental Rights}}, title = {{dd24-dd25-86f635fc7b235fc4.pdf}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2015/04/DD24-DD25.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }