et4-9bacb3b44cdccdc8.pdf

This document is a statement of grounds of appeal filed by eight environmental and community organisations against an environmental authorisation (EA) granted on 7 June 2016 to Atha Africa Ventures (Pty) Ltd for the Yzermyn underground coal mine near Wakkerstroom, Mpumalanga. The appellants argue that the EA was granted without lawful authority, based on a deficient Environmental Impact Assessment Report (EIAR), and ignores critical biodiversity and socio-economic risks.

• The appellants argue that the environmental authorisation (EA) failed to authorise two critical activities triggered by the project: the construction of electricity generation infrastructure with an output between 10 and 20 megawatts, and the excavation or removal of material from a watercourse in relation to the mine's underground workings.
• The appellants contend that the Chief Director of the Mpumalanga Department of Agriculture, Rural Development, Land and Environmental Affairs acted without lawful authority, asserting that the Minister of Environmental Affairs is the correct competent authority because the project has implications for international environmental commitments, including the UN Framework Convention on Climate Change.
• A biodiversity specialist report by Natural Scientific Services (NSS) concluded that the project should be a 'NO GO' due to its impact on water resources, specifically the potential for groundwater reduction from dewatering and contamination from sulphate seepage, which would affect wetland Freshwater Ecosystem Priority Areas (FEPAs).
• The project site is located in an area of extreme ecological sensitivity, falling within the Mabola Protected Environment, the Wakkerstroom/Luneberg Grasslands (classified as 'Endangered'), and an Important Bird Area (IBA) critical for threatened bird species.
• The EIAR is alleged to have misrepresented specialist findings, specifically claiming no sensitive species were found despite the NSS report identifying six floral species at high risk of extinction and 30 protected species.
• The appellants claim the project will unfairly discriminate against poor rural communities and subsistence farmers who depend on local water sources (springs) for their livelihoods, while the economic benefits will primarily accrue to a foreign corporation.
• The Department of Environmental Affairs (DEA) rejected the original EIAR on 16 May 2014, requesting 11 specific updates and assessments—including ground-truthing of 'Irreplaceable' biodiversity areas and acid mine drainage (AMD) quantification—which the appellants argue were not adequately addressed in the final version.
• The project is expected to cause significant groundwater drawdown, with the shallow aquifer potentially lowered by 10m and the deeper aquifer by up to 55m, which would likely dry up springs and negatively impact wetlands.
• The appellants argue that the Environmental Assessment Practitioner (EAP), EcoPartners, lacked the required objectivity and professional registration with the South African Council for Natural Scientific Professions.
• The EIAR failed to include a greenhouse gas (GHG) emissions assessment, despite the fact that underground coal mining is a significant source of methane gas emissions.

APA

Centre for Environmental Rights (n.d.). et4-9bacb3b44cdccdc8.pdf. https://cer.org.za/wp-content/uploads/2019/09/ET4.pdf?x21779

Chicago

Centre for Environmental Rights. et4-9bacb3b44cdccdc8.pdf. n.d. https://cer.org.za/wp-content/uploads/2019/09/ET4.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=et4-9bacb3b44cdccdc8.pdf |url=https://cer.org.za/wp-content/uploads/2019/09/ET4.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsndet49bacb3b44cdccdc8pdf, author = {{Centre for Environmental Rights}}, title = {{et4-9bacb3b44cdccdc8.pdf}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2019/09/ET4.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }