APPEAL IN TERMS OF SECTION 148(1) OF THE NATIONAL WATER ACT, 1998 IN RESPECT OF THE WATER-USE LICENCE ISSUED TO ATHA-AFRICA VENTURES (PTY) LTD FOR ITS PROPOSED YZERMYN UNDERGROUND COAL MINE

The Centre for Environmental Rights (CER), representing the Endangered Wildlife Trust (EWT) and the Federation for a Sustainable Environment (FSE), submitted representations to the Minister of Water and Sanitation on 2 March 2017. The document argues against a petition by Atha-Africa Ventures (Pty) Ltd to uplift the suspension of a water-use licence (WUL) for the proposed Yzermyn underground coal mine, asserting that the suspension should remain until the Water Tribunal resolves the pending appeal.

• The Appellants argue that the proposed Yzermyn mine is located in an area of extreme environmental sensitivity, including the Enkangala Drakensberg Strategic Water Source Area and the Mabola Protected Environment, and serves as the headwaters for the Pongola, Vaal, and Thukela Rivers.
• A primary ground for appeal is that the groundwater assessment (the Delta H assessment) used to grant the WUL was of 'low confidence', making it unsuitable for managing a moderate- to high-value groundwater-dependent ecosystem.
• The Appellants claim that the mine poses a high risk of permanent damage to water resources through the dewatering of aquifers and the decant of contaminated groundwater and acid mine drainage (AMD), which could impact the Assegaai River.
• The document asserts that the Director-General (DG) failed to consider the 'precautionary' environmental management principle required by NEMA, given the gaps in groundwater data and the lack of impact assessments for the proposed abstraction of up to 56,554 m³/a of groundwater.
• The Appellants challenge the justification for granting Atha an exemption from regulation 4(b) of the NWA Regulations, which normally prohibits underground mining within 100 metres of a watercourse or estuary.
• The representations allege that the socio-economic benefits claimed by Atha are misleading, noting that a specialist study found skilled labour and management would likely be sourced from outside the local area or from India.
• The Appellants argue that the public participation process was legally flawed because Atha failed to conduct a process for additional WUL application documents submitted on 10 November 2015.
• The CER contends that Atha cannot lawfully begin construction regardless of the WUL status, as the Environmental Authorisation (EA) is suspended pending appeal and land-use zoning remains agricultural.

APA

Centre for Environmental Rights (2017). APPEAL IN TERMS OF SECTION 148(1) OF THE NATIONAL WATER ACT, 1998 IN RESPECT OF THE WATER-USE LICENCE ISSUED TO ATHA-AFRICA VENTURES (PTY) LTD FOR ITS PROPOSED YZERMYN UNDERGROUND COAL MINE. https://cer.org.za/wp-content/uploads/2011/12/Representations-re-suspension-upliftment_final.pdf?x21779

Chicago

Centre for Environmental Rights. APPEAL IN TERMS OF SECTION 148(1) OF THE NATIONAL WATER ACT, 1998 IN RESPECT OF THE WATER-USE LICENCE ISSUED TO ATHA-AFRICA VENTURES (PTY) LTD FOR ITS PROPOSED YZERMYN UNDERGROUND COAL MINE. 2017. https://cer.org.za/wp-content/uploads/2011/12/Representations-re-suspension-upliftment_final.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=APPEAL IN TERMS OF SECTION 148(1) OF THE NATIONAL WATER ACT, 1998 IN RESPECT OF THE WATER-USE LICENCE ISSUED TO ATHA-AFRICA VENTURES (PTY) LTD FOR ITS PROPOSED YZERMYN UNDERGROUND COAL MINE |date=2 March 2017 |url=https://cer.org.za/wp-content/uploads/2011/12/Representations-re-suspension-upliftment_final.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2017appeal, author = {{Centre for Environmental Rights}}, title = {{APPEAL IN TERMS OF SECTION 148(1) OF THE NATIONAL WATER ACT, 1998 IN RESPECT OF THE WATER-USE LICENCE ISSUED TO ATHA-AFRICA VENTURES (PTY) LTD FOR ITS PROPOSED YZERMYN UNDERGROUND COAL MINE}}, publisher = {Centre for Environmental Rights}, year = {2017}, month = mar, url = {https://cer.org.za/wp-content/uploads/2011/12/Representations-re-suspension-upliftment_final.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }