OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPACIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016

This document is a formal objection submitted by the Centre for Environmental Rights on behalf of a coalition of eight civil society and community non-profit organisations. The objection opposes an application by Atha-Africa Ventures (Pty) Ltd to change the land use of Portion 1 of the Farm Yzermyn 96 in Mpumalanga from agricultural to mining purposes to facilitate the construction of the Yzermyn Underground Coal Mine. The objectors argue that the project would cause irreparable harm to a strategic water source area, threaten biodiversity in the Mabola Protected Environment, and negatively impact vulnerable local communities, while failing to comply with municipal spatial development frameworks and national interest requirements under the Spatial Planning and Land Use Management Act (SPLUMA).

• The proposed Yzermyn Underground Coal Mine is situated in a strategically important area for conservation and national water security, specifically within a 'sensitive natural area' and a 'protected area buffer zone' adjacent to the Mabola Protected Environment.
• Scientific assessments, including one commissioned by the applicant (NSS), conclude that the project is 'fatally flawed' due to the high risk of groundwater contamination and the dewatering of aquifers, which would significantly impact aquatic and wetland ecosystems.
• The mine poses a severe threat of acid mine drainage and contaminated groundwater decant, which the NSS report identifies as the 'most severe impact of coal mining on water resources' and considers impossible to mitigate.
• The proposed mining area contains high biodiversity value, including six floral species at high risk of extinction, 30 protected species under the Mpumalanga Conservation Act, and several Conservation Important mammal and bird species.
• The project threatens the livelihoods of vulnerable local communities, including subsistence farmers who rely on 23 springs in the project area for domestic and livestock water, which would be negatively impacted by aquifer dewatering.
• The objectors argue that the economic benefits are overstated, noting that the 576 potential jobs are temporary (15-year mine life) and unlikely to benefit locals due to a lack of required skills, whereas agriculture contributes significantly more to the local GVA (18.85%) than mining (0.92%).
• The application is alleged to have failed mandatory public participation and consultation processes required by the SPLUM Regulations and the Municipal By-Law, as well as failing to conduct required specialist studies for Conservation, Agriculture, and Tourism zones.
• The objectors contend that the application affects the national interest under Section 52 of SPLUMA because it impacts a 'water factory' area that feeds three major river systems (Upper Vaal, Thukela, and Usuthu to Mhlatuze) and affects international water obligations to Swaziland and Mozambique.

APA

Centre for Environmental Rights (2018). OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPACIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016. https://cer.org.za/wp-content/uploads/2018/06/Objection-30.05.2018.pdf?x21779

Chicago

Centre for Environmental Rights. OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPACIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016. 2018. https://cer.org.za/wp-content/uploads/2018/06/Objection-30.05.2018.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPACIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016 |date=30 May 2018 |url=https://cer.org.za/wp-content/uploads/2018/06/Objection-30.05.2018.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2018objection, author = {{Centre for Environmental Rights}}, title = {{OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPACIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016}}, publisher = {Centre for Environmental Rights}, year = {2018}, month = may, url = {https://cer.org.za/wp-content/uploads/2018/06/Objection-30.05.2018.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }