PROVISIONAL APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT MUNICIPAL SYSTEMS ACT 32 OF 2000

This document is a provisional appeal filed on 13 November 2017 by groundWork, represented by the Centre for Environmental Rights, against the transfer of a provisional atmospheric emission licence (PAEL) for the Khanyisa coal-fired power station. The appellant argues that the transfer from Anglo Operations (Pty) Ltd to ACWA Power Khanyisa Thermal Power Station RF (Pty) Ltd is invalid because the licence does not reflect the project's increased capacity of 600MW, fails to account for cumulative air quality impacts in the Highveld Priority Area, and was processed without required public participation or valid delegation of authority.

• The appellant contends that the 2015 PAEL was incapable of transfer because it was based on a 450MW plant design, whereas the current Khanyisa Project is a 600MW plant. This 33% increase in capacity results in significant impacts not covered by the licence, including increased PM10 exceedances affecting Landau Primary School and a reduction in the planned life of the ash disposal facility by approximately 30%.
• The appeal alleges that the Licensing Authority (LA) acted ultra vires the Air Quality Act (AQA) by using transfer provisions to make material changes to the licence. These changes include substituting the LA from the Mpumalanga Department of Agriculture, Rural Development, Land and Environmental Affairs (MDARDLEA) to the Nkangala District Municipality (NDM), changing zoning from 'mining' to 'special use', and extending the licensed location to include Klippan 332 and Klipfontein portions 145 and 167.
• The document argues that the PAEL transfer is invalid because it failed to consider the cumulative impact on the Highveld Priority Area (HPA), a degraded air quality hotspot that has not shown appreciable improvement in 10 years. The appellant asserts that no new AELs should be issued or transferred in the HPA while Ambient Air Quality Standards (AAQS) remain out of compliance.
• The appellant claims the decision violates several NEMA principles and constitutional rights, specifically citing the 'precautionary principle', the 'polluter pays principle', and the right to an environment not harmful to health. It highlights that the project is located 2km from Landau Primary School and 10-15km from eMalahleni, yet the PAEL description claims the surrounding land is 'mostly vacant'.
• The appeal notes a lack of transparency and procedural fairness, stating that no formal written reasons were provided for the decision to transfer the PAEL. The appellant has requested reasons under the Promotion of Administrative Justice Act (PAJA) and proof of the delegation of powers between MDARDLEA and NDM, but reports that no response has been received.
• The appellant requests that the transfer be set aside and that ACWA be required to apply for a fresh PAEL. This new application must include accurate coordinates, a fugitive emission management plan, an emission reduction plan, and a full Climate Change Impact Assessment (CCIA) detailing lifecycle greenhouse gas emissions.

APA

Centre for Environmental Rights (2017). PROVISIONAL APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT MUNICIPAL SYSTEMS ACT 32 OF 2000. https://cer.org.za/wp-content/uploads/2017/07/gW-Appeal-iro-Khanyisa-AEL-transfer_13-Nov-2017.pdf?x21779

Chicago

Centre for Environmental Rights. PROVISIONAL APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT MUNICIPAL SYSTEMS ACT 32 OF 2000. 2017. https://cer.org.za/wp-content/uploads/2017/07/gW-Appeal-iro-Khanyisa-AEL-transfer_13-Nov-2017.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=PROVISIONAL APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT MUNICIPAL SYSTEMS ACT 32 OF 2000 |date=13 November 2017 |url=https://cer.org.za/wp-content/uploads/2017/07/gW-Appeal-iro-Khanyisa-AEL-transfer_13-Nov-2017.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2017provisional, author = {{Centre for Environmental Rights}}, title = {{PROVISIONAL APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT MUNICIPAL SYSTEMS ACT 32 OF 2000}}, publisher = {Centre for Environmental Rights}, year = {2017}, month = nov, url = {https://cer.org.za/wp-content/uploads/2017/07/gW-Appeal-iro-Khanyisa-AEL-transfer_13-Nov-2017.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }