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A notice of appeal filed on 30 March 2015 by eight environmental organisations, represented by the Centre for Environmental Rights (CER), challenging the grant of mining right MP30/5/1/2/2/1/0069MR to Atha-Africa Ventures (Pty) Ltd (AAV). The appeal seeks to set aside and suspend the right for the proposed Yzermyn underground coal mine, arguing that the grant is unlawful and irrational given the area's extreme environmental sensitivity, its status as a protected environment, and the lack of required ministerial consent.

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  • The Director-General of the Department of Mineral Resources (DMR) granted a mining right to Atha-Africa Ventures (Pty) Ltd (AAV) on 19 September 2014 for the Yzermyn underground coal mine, covering properties including Goedgevonden 95HT, Kromhoek 93HT, Yzermyn 96HT, and Zoetfontein 94 HT.
  • The mining right was granted despite the properties falling within the Mabola Protected Environment, which was declared on 22 January 2014 to protect a "unique, irreplaceable and threatened grassland area from coal mining."
  • The appeal asserts that the mining right was granted without the required written permission from the Minister of Environmental Affairs and the Minister of Mineral Resources, as mandated by section 48(1)(b) of the National Environmental Management: Protected Areas Act (NEMPAA).
  • The Department of Environmental Affairs (DEA) rejected AAV's first final environmental impact assessment report (EIAR) on 16 May 2014, citing failures to propose alternative layouts and omissions regarding the status of listed ecosystems under NEMBA.
  • The Department of Water Affairs (now Department of Water and Sanitation) expressly opposed the mining development in a letter dated 10 January 2014, citing concerns over the dewatering of wetlands and pans and the risk of acid mine drainage.
  • The Mpumalanga Tourism and Parks Agency (MTPA) objected to the mining right, noting that the area is classified as having "irreplaceable" biodiversity value in the Mpumalanga Biodiversity Conservation Plan of 2006 and is an endangered ecosystem.
  • A consultant report submitted as part of AAV's application recommended the area be declared a "no go" for mining due to impacts on biodiversity and water supply to surface water resources.
  • The DMR's 2011/12 Annual Report and the Minister of Mineral Resources' May 2012 Budget Vote Speech stated that action had been taken to prohibit mining in environmentally sensitive areas of Wakkerstroom and Chrissiesmeer.
  • The mining right was granted subject to conditions prohibiting surface mining or infrastructure in wetlands or sensitive environments, but the appellants argue these conditions are "unlawful, vague and unenforceable."

Cite the original document

APA
Centre for Environmental Rights (n.d.). pml1-007d50867763ea55.pdf. https://cer.org.za/wp-content/uploads/2011/12/PML1.pdf?x21779
Chicago
Centre for Environmental Rights. pml1-007d50867763ea55.pdf. n.d. https://cer.org.za/wp-content/uploads/2011/12/PML1.pdf?x21779.
Wikipedia
{{cite press release |author=Centre for Environmental Rights |title=pml1-007d50867763ea55.pdf |url=https://cer.org.za/wp-content/uploads/2011/12/PML1.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}
BibTeX
@misc{centreforenvironmentalrightsndpml1007d50867763ea55pdf, author = {{Centre for Environmental Rights}}, title = {{pml1-007d50867763ea55.pdf}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2011/12/PML1.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }

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