APPELLANTS’ STATEMENT OF GROUNDS OF APPEAL IN TERMS OF SECTION 96(1)(a) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002, AND REGULATION 74 OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT REGULATIONS, 2004

This document is a statement of grounds of appeal filed on 13 October 2016 by eight environmental and community organisations against the approval of the Environmental Management Programme (EMPR) for the Yzermyn underground coal mine. The appellants argue that the approval, granted by the Mpumalanga Regional Manager of the Department of Mineral Resources (DMR) on 28 June 2016, ignored critical biodiversity risks, failed to provide adequate mitigation for water resource degradation, and disregarded the socio-economic vulnerability of local rural communities.

• The appellants argue that the EMPR and its underlying Environmental Impact Assessment Report (EIAR) lack appropriate mitigation measures for water resources and biodiversity, specifically failing to address the long-term treatment of acid mine drainage (AMD) and post-closure decant.
• Specialist biodiversity reports concluded that the project should be a 'no go' because underground mining would cause high, long-term, and potentially irreversible impacts on water inputs and surface water resources in an area far exceeding the study area.
• The proposed mine is located in highly sensitive ecological zones, including the Mabola Protected Environment, the 'Endangered' Wakkerstroom/Luneberg Grasslands, and areas designated as 'Irreplaceable Critical Biodiversity Area' and 'Highest Importance for Biodiversity'.
• The appellants claim the EIAR fails to objectively assess socio-economic impacts, noting that while the mine may create 576 operational jobs, there are no guarantees these will be local, and the project may degrade eco-tourism and agriculture, which currently support local livelihoods.
• The project is alleged to unfairly discriminate against poor rural communities, specifically eight homesteads of low-income families who depend on natural resources for grazing and water, while the economic benefits accrue to a foreign-owned corporation.
• The appeal asserts that the DMR approved the EMPR despite material concerns and 'fatal flaw' warnings from the Department of Environmental Affairs (DEA) and the Department of Water Affairs (DWA).
• The appellants contend that the EIAR misrepresents specialist findings, such as claiming that impacts on groundwater and surface water would not be significant, which contradicts reports stating that impacts are 'High' even with mitigation.
• The EIAR is accused of ignoring cumulative impacts, focusing only on the direct 'footprint' of the mine and failing to consider the combined effect of multiple mining applications in the southern Mpumalanga region.

APA

Centre for Environmental Rights (2016). APPELLANTS’ STATEMENT OF GROUNDS OF APPEAL IN TERMS OF SECTION 96(1)(a) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002, AND REGULATION 74 OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT REGULATIONS, 2004. https://cer.org.za/wp-content/uploads/2011/12/Grounds-of-Appeal-EMPR.pdf?x21779

Chicago

Centre for Environmental Rights. APPELLANTS’ STATEMENT OF GROUNDS OF APPEAL IN TERMS OF SECTION 96(1)(a) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002, AND REGULATION 74 OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT REGULATIONS, 2004. 2016. https://cer.org.za/wp-content/uploads/2011/12/Grounds-of-Appeal-EMPR.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=APPELLANTS’ STATEMENT OF GROUNDS OF APPEAL IN TERMS OF SECTION 96(1)(a) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002, AND REGULATION 74 OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT REGULATIONS, 2004 |date=13 October 2016 |url=https://cer.org.za/wp-content/uploads/2011/12/Grounds-of-Appeal-EMPR.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2016appellants, author = {{Centre for Environmental Rights}}, title = {{APPELLANTS’ STATEMENT OF GROUNDS OF APPEAL IN TERMS OF SECTION 96(1)(a) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002, AND REGULATION 74 OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT REGULATIONS, 2004}}, publisher = {Centre for Environmental Rights}, year = {2016}, month = oct, url = {https://cer.org.za/wp-content/uploads/2011/12/Grounds-of-Appeal-EMPR.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }