NOTICE OF APPEAL IN TERMS OF SECTION 96(1) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002

This document is a formal notice of appeal filed on 30 March 2015 by eight environmental organisations, represented by the Centre for Environmental Rights, against the granting of mining right MP30/5/1/2/2/1/0069MR to Atha-Africa Ventures (Pty) Ltd (AAV). The appeal seeks to set aside the right and suspend its operation, arguing that the proposed Yzermyn underground coal mine is located in the Mabola Protected Environment and the Wakkerstroom Wetlands Area, regions of irreplaceable biodiversity and critical hydrological importance.

• The appellants argue that the mining right was granted despite evidence that the project would cause unacceptable environmental damage. A consultant's report submitted as part of AAV's own application recommended the area be a "no go" for mining due to impacts on biodiversity and surface water resources.
• The proposed mining area is located within the Mabola Protected Environment, declared on 22 January 2014. The appellants claim the mining right is unlawful because the required written permission from the Minister of Environmental Affairs and the Minister of Mineral Resources under section 48(1)(b) of NEMPAA was not obtained.
• The site is identified as having extreme ecological sensitivity, including being classified as having "irreplaceable" biodiversity value in the 2006 Mpumalanga Biodiversity Conservation Plan and being part of the Wakkerstroom/Luneburg Grasslands Threatened Ecosystem, which is listed as an "endangered ecosystem".
• The area is designated as both a National Freshwater Ecosystem Priority Area (NFEPA) and a Strategic Water Source Area (SWSA). These areas are critical for water quality and supply, providing 50% of the water for South Africa, Lesotho, and Swaziland despite making up only 8% of the land area.
• The grant of the mining right contradicts previous government statements and policies. The Department of Mineral Resources (DMR) Annual Report for 2011/12 and the Minister of Mineral Resources' 2012 Budget Vote Speech indicated that action had been taken to prohibit mining in environmentally sensitive areas of Wakkerstroom and Chrissiesmeer.
• Multiple state organs formally objected to the mining right. The Department of Environmental Affairs (DEA) rejected AAV's first environmental impact assessment report (EIAR), and the Department of Water Affairs (now Department of Water and Sanitation) stated it did not support the development, citing risks of acid mine drainage and the dewatering of wetlands.
• The appellants contend that the conditions imposed by the DMR when granting the right—such as excluding wetlands from surface mining—are "unlawful, vague and unenforceable" because the entire area is considered sensitive and a strategic water resource.

APA

Centre for Environmental Rights (2015). NOTICE OF APPEAL IN TERMS OF SECTION 96(1) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002. https://cer.org.za/wp-content/uploads/2011/12/S96-Appeal-Atha-Africa-Ventures-MP30_5_1_2_2_10069MR.pdf?x21779

Chicago

Centre for Environmental Rights. NOTICE OF APPEAL IN TERMS OF SECTION 96(1) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002. 2015. https://cer.org.za/wp-content/uploads/2011/12/S96-Appeal-Atha-Africa-Ventures-MP30_5_1_2_2_10069MR.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=NOTICE OF APPEAL IN TERMS OF SECTION 96(1) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002 |date=30 March 2015 |url=https://cer.org.za/wp-content/uploads/2011/12/S96-Appeal-Atha-Africa-Ventures-MP30_5_1_2_2_10069MR.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2015notice, author = {{Centre for Environmental Rights}}, title = {{NOTICE OF APPEAL IN TERMS OF SECTION 96(1) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002}}, publisher = {Centre for Environmental Rights}, year = {2015}, month = mar, url = {https://cer.org.za/wp-content/uploads/2011/12/S96-Appeal-Atha-Africa-Ventures-MP30_5_1_2_2_10069MR.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }