GROUNDWORK’S REPLYING SUBMISSIONS

This document contains replying submissions filed by groundWork (the Appellant) on 24 May 2019 in an appeal before the Nkangala District Municipality Appeal Authority. The appeal challenges the transfer of a 2015 Provisional Atmospheric Emission Licence (PAEL) to ACWA Power Khanyisa Thermal Power Station (RF) (Pty) Limited (ACWA). groundWork argues that the transfer was unlawful due to procedural defects, a failure to consider relevant environmental and health evidence, the unauthorized material variation of the licence's physical scope, and the provision of misleading information regarding the project's capacity.

• groundWork asserts that the Nkangala District Municipality (NDM) failed its mandatory duty under section 44(5) of the Air Quality Act (AQA) to consider all relevant matters when approving the PAEL transfer. These omitted matters include a 2017 DEA mid-term review showing no improvement in air quality in the Highveld Priority Area, a 2017 health impact report by Dr Sahu, and the 2017 Thabametsi judgment requiring climate change impact assessments for coal plants.
• The Appellant claims the NDM unlawfully used section 44 (transfer powers) to effect material amendments to the PAEL that should have required a section 46 application and public participation. Specifically, the 2017 PAEL expanded the project site by adding more than 150ha of land, including portions of the Klippan and Klipfontein farms, which were not in the 2015 PAEL.
• groundWork alleges that ACWA provided misleading information or committed material omissions regarding the project's capacity. While the 2017 PAEL transfer application referred to a 450 MW plant, ACWA had previously obtained an environmental authorisation (EA) for 600 MW and later claimed it intended to build a 306 MW plant, none of which were fully disclosed during the transfer application in February 2017.
• The document argues that the public notification process for the PAEL transfer was defective and breached section 44 of the AQA. The advertisements in the Witbank News and Middelburg Observer failed to provide the exact location of the project, the project capacity, or the required period for public objections.
• groundWork cites a May 2018 University of Cape Town Energy Research Centre (ERC) report and the draft 2018 Integrated Resource Plan (IRP) to argue that new coal-fired power stations are unnecessary for South Africa's energy security. The ERC report suggests the Khanyisa project alone would add R6.73 billion in additional costs to consumers and increase GHG emissions by 75.9Mt CO2eq over 30 years.
• The Appellant requests that the Appeal Authority set aside the NDM Municipal Manager's decision to transfer the 2015 PAEL and direct the NDM to provide full reasons for its decision, including missing documents such as the full application and legal opinions regarding the delegation of powers.

APA

Centre for Environmental Rights (n.d.). GROUNDWORK’S REPLYING SUBMISSIONS. https://cer.org.za/wp-content/uploads/2019/08/GroundWork-Replying-Submissions-Khanyisa-PAEL-Transfer-Appeal-24.05.2019.pdf?x21779

Chicago

Centre for Environmental Rights. GROUNDWORK’S REPLYING SUBMISSIONS. n.d. https://cer.org.za/wp-content/uploads/2019/08/GroundWork-Replying-Submissions-Khanyisa-PAEL-Transfer-Appeal-24.05.2019.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=GROUNDWORK’S REPLYING SUBMISSIONS |url=https://cer.org.za/wp-content/uploads/2019/08/GroundWork-Replying-Submissions-Khanyisa-PAEL-Transfer-Appeal-24.05.2019.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndgroundworks, author = {{Centre for Environmental Rights}}, title = {{GROUNDWORK’S REPLYING SUBMISSIONS}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2019/08/GroundWork-Replying-Submissions-Khanyisa-PAEL-Transfer-Appeal-24.05.2019.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }