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OBJECTIONS TO THE SCOPING REPORT FOR THE MOTUOANE PRODUCTION RIGHT APPLICATION, WITHIN VARIOUS FARMS IN MATJHABENG AND MASILONYA LOCAL MUNICIPALITIES, LEJWELEPUTSWA DISTRICT MUNICIPALITIES, FREE STATE PROVINCE, SOUTH AFRICA
The Centre for Environmental Rights and Natural Justice, representing several community and environmental networks, submitted formal objections to the Scoping Report for the Motuoane Production Right application. The project proposes hydrocarbon exploration and extraction over approximately 14,400 hectares in the Free State Province, involving up to 43 production wells and associated infrastructure. The objectors argue that the Scoping Report is deficient in its assessments of air quality, climate change, hydrogeology, and social impacts, and that the public participation process was not meaningful.
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Document type: Statement
FOURTH RESPONDENT’S HEADS OF ARGUMENT
This document contains the heads of argument filed by Lephalale Coal Mine (Pty) Ltd (LCM) in the High Court of South Africa. LCM responds to a review application by Earthlife Africa seeking to set aside environmental authorisations for a proposed coal mine in Limpopo Province. LCM concedes that its original climate change impact assessment was insufficient and agrees that the related decision should be reviewed and set aside, but opposes all other grounds of review regarding air quality, health impacts, cumulative impacts, and public consultation.
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Document type: Briefing
OBJECTION TO TETRA4’s WATER USE LICENCE AMENDMENT APPLICATION FOR CLUSTER 2 EXPANSION
This document is a formal objection letter from the Centre for Environmental Rights (CER), on behalf of the Mining and Environmental Justice Community Network of South Africa (MEJCON-SA) and Mining Affected Communities United in Action (MACUA), regarding Tetra4's application to amend its Water Use Licence (WUL) for the Cluster 2 expansion of gas and helium production near Virginia, Free State. The document includes the original objections and the corresponding responses from Tetra4, focusing on risks to groundwater, radioactive contamination, waste management, and the impacts of climate change on water security.
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Document type: Report
APPEAL DECISION
The Water Tribunal of South Africa dismissed an appeal by Thungela Operations (Pty) Ltd against the Department of Water and Sanitation's decision to refuse a Water Use Licence (WUL) for the Palmietkuilen Mining Operation. The Tribunal found that the applicant failed to provide sufficient geohydrological and geochemical data to ensure effective long-term mitigation of water pollution, particularly regarding post-closure acid mine drainage (AMD) and the permanent loss of wetlands.
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Document type: Report
APPEAL TO THE APPEAL AUTHORITY, DEPARTMENT OF ECONOMIC DEVELOPMENT, ENVIRONMENT AND TOURISM, LIMPOPO
This document is a formal appeal submitted by the Centre for Environmental Rights (CER) on behalf of four appellants—Earthlife Africa, groundWork, the Mining and Environmental Justice Community Network of South Africa, and Dzomo La Mupo—to the Member of the Executive Council (MEC) of the Limpopo Department of Economic Development, Environment and Tourism (LEDET). The appeal seeks to set aside Environmental Authorisation (EA) No. 12/1/9/2-V79, granted on 23 February 2022 to the Musina-Makhado Special Economic Zone (SOC) Ltd (MMSEZ). The EA allows for the site clearance of 3,863 hectares of indigenous vegetation and the development of bulk infrastructure in the Vhembe District of Limpopo. The appellants argue that the EA is unlawful due to procedural irregularities, a lack of authority by the decision-maker, failure to assess cumulative and climate impacts, and the disregard of cultural heritage and water scarcity issues.
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Document type: Statement
Review of the MCWAP Phase 2A Draft Environmental Impact Assessment Report (September 2018), and Baseline Aquatic and Wetland Impact Specialist Reports
The Freshwater Research Centre (FRC) conducted a review of the Draft Environmental Impact Assessment Report (DEIR) for the Mokolo and Crocodile River (West) Water Augmentation Project (Phase 2A). The FRC concludes that the assessment of operational phase impacts on aquatic ecosystems is inadequate, particularly regarding water quality, hydrology, and the transfer of invasive biota between catchments.
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Document type: Report
COMMENTS ON THE FINAL ENVIRONMENTAL IMPACT REPORT AND WASTE MANAGEMENT LICENCE VARIATION APPLICATION FOR THE PROPOSED RETROFITTING OF A FLUE GAS DESULPHURISATION SYSTEM AT MEDUPI POWER STATION, LEPHALALE, LIMPOPO PROVINCE
The Centre for Environmental Rights (CER), acting for groundwork, Earthlife Africa, and Concerned Citizens of Lephalale, submitted comments on 15 June 2018 objecting to the Final Environmental Impact Report (FEIR) and Waste Management Licence (WML) Variation Application for the Flue Gas Desulphurisation (FGD) Retrofit Project at Medupi Power Station. The CER argues that the FEIR is deficient due to missing data, a 'piecemeal' approach to environmental authorisations, and a failure to adequately assess water and waste impacts.
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Document type: Statement
COMMENTS ON THE DRAFT ENVIRONMENTAL IMPACT REPORT AND WASTE MANAGEMENT LICENCE VARIATION APPLICATION FOR THE PROPOSED RETROFITTING OF A FLUE GAS DESULPHURISATION SYSTEM AT MEDUPI POWER STATION, LEPHALALE, LIMPOPO PROVINCE
The Centre for Environmental Rights (CER), acting for groundWork and Earthlife Africa, submitted comments on April 19, 2018, regarding the Draft Environmental Impact Report (DEIR) and Waste Management Licence (WML) Variation Application for the Flue Gas Desulphurisation (FGD) Retrofit Project at Medupi Power Station. The CER argues that Eskom has adopted a 'piecemeal approach' to the environmental impact assessment (EIA), deferring critical issues such as water security, waste minimisation, and health impacts to separate processes to 'fast track' the project. The submission specifically challenges the rejection of inlet gas cooler technology, which could reduce water consumption by approximately 30%, and criticizes the plan to co-dispose of gypsum and ash, which would destroy the commercial value of the gypsum.
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Document type: Statement
SUPPLEMENTARY OBJECTIONS TO THE WATER USE LICENCE APPLICATION AND INTEGRATED WATER AND WASTE WATER MANAGEMENT PLAN FOR THE PROPOSED THABAMETSI INDEPENDENT POWER PRODUCER COAL-FIRED POWER STATION
The Centre for Environmental Rights (CER), on behalf of Earthlife Africa Johannesburg and groundWork, submitted supplementary objections on 5 March 2018 against the Water Use Licence Application (IWULA) and Integrated Water and Waste Water Management Plan (IWWMP) for the proposed Thabametsi coal-fired power station. The objections argue that the project is unnecessary due to excess electricity capacity, poses severe risks to the water-stressed Mokolo Catchment, and fails to account for climate change impacts and toxic coal ash disposal risks.
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Document type: Statement
IWULA, IWUL and Specialist Studies Review of the proposed Yzermyn Colliery Mpumalanga
This report, prepared by GCS Water and Environment (Pty) Ltd for the Centre for Environmental Rights (CER), reviews the Integrated Water Use License Application (IWULA) and the subsequent Integrated Water Use License (IWUL) issued to Atha-Africa Ventures (Pty) Ltd for the proposed Yzermyn underground coal mine in Mpumalanga. The review identifies significant gaps in the specialist studies regarding hydrogeology, wetlands, and hydrology, concluding that the IWUL was granted without a sufficient understanding of the environmental impacts or the interconnection between water resources.
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Document type: Report
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.
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Document type: Statement
APPELLANTS’ SUBMISSIONS IN THE APPEAL ON 15 TO 17 AUGUST 2017
This document contains the legal and technical submissions made by a coalition of eight appellants (including Earthlife Africa Johannesburg and BirdLife South Africa) on August 14, 2017, appealing an environmental authorisation (EA) granted to Atha-Africa Ventures (Pty) Ltd for the Yzermyn underground coal mine in Mpumalanga, South Africa.
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Document type: Report
OBJECTIONS TO THE INTEGRATED WATER USE LICENCE APPLICATION FOR PROPOSED IPP THABAMETSI POWER STATION
The Centre for Environmental Rights, acting for Earthlife Africa Johannesburg, submitted formal objections on 20 January 2017 to the Integrated Water Use Licence Application (IWULA) for the proposed Thabametsi power station, a 1200MW coal-fired project near Lephalale, Limpopo. The objections argue that the application is legally flawed, relies on outdated data, fails to secure a sustainable water supply for the project's 40-year lifespan, and poses significant risks to groundwater and wetlands.
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Document type: Statement
APPELLANTS’ STATEMENT OF GROUNDS OF APPEAL IN TERMS OF SECTION 96(1)(a) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002, AND REGULATION 74 OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT REGULATIONS, 2004
This document is a statement of grounds of appeal filed on 13 October 2016 by eight environmental and community organisations against the approval of the Environmental Management Programme (EMPR) for the Yzermyn underground coal mine. The appellants argue that the approval, granted by the Mpumalanga Regional Manager of the Department of Mineral Resources (DMR) on 28 June 2016, ignored critical biodiversity risks, failed to provide adequate mitigation for water resource degradation, and disregarded the socio-economic vulnerability of local rural communities.
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Document type: Statement
APPELLANTS’ STATEMENT OF GROUNDS OF APPEAL IN TERMS OF SECTION 43(2) OF NEMA AND REGULATION 61 OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2010
A statement of grounds of appeal filed by eight environmental and community organisations against an environmental authorisation granted on 7 June 2016 to Atha Africa Ventures (Pty) Ltd for the Yzermyn underground coal mine near Wakkerstroom, Mpumalanga. The appellants argue that the authorisation is based on a fundamentally flawed Environmental Impact Assessment Report (EIAR) that ignores critical biodiversity risks, fails to address socio-economic impacts on vulnerable communities, and was granted by an incorrect competent authority.
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Document type: Statement
NOTICE OF APPEAL AGAINST THE GRANT OF MINING RIGHT MP 30/5/1/2/2/505 MR TO WILLIAM PATRICK BOWER (PTY) LTD IN RESPECT OF PORTIONS 6 & 23 OF THE FARM GROENVLEI 353JT AND PORTION 12 OF THE FARM LAKENVALEI 355JT IN THE MAGISTERIAL DISTRICT OF BELFAST, MPUMALANGA PROVINCE. REQUEST FOR SUSPENSION OF THE AFORESAID MINING RIGHT PENDING THE OUTCOME OF THIS APPEAL
A notice of appeal submitted by BirdLife South Africa to the Minister of Mineral Resources on 30 July 2013, challenging the Director-General's decision to grant a mining right (MP 30/5/1/2/2/505 MR) to William Patrick Bower (Pty) Ltd for coal mining in the Belfast district of Mpumalanga Province.
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Document type: Statement
2015-06-10-thabametsi-appeal-response-part-2-f0ed1f6063c9ab7b.pdf
This document is a legal response submitted by NN Attorneys on behalf of Newshelf (the Second Respondent) on 10 June 2015, addressing an appeal against the Environmental Authorisation (EA) granted for the Thabametsi coal-fired power station project in South Africa. The response defends the project's compliance with the National Environmental Management Act (NEMA) and other regulations, arguing that the project is essential for national base-load energy security and that its environmental and health impacts have been sufficiently assessed and mitigated.
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Document type: Report
20170921111638401-7b2f1113e0d7a09c.pdf
This document is a legal affidavit filed by the Centre for Environmental Rights (CER) challenging decisions made by the South African Ministers of Environment and Mineral Resources to permit coal mining by Atha in the Mpumalanga Protected Environment (MPE). The CER argues that these decisions were procedurally unfair, based on outdated environmental reports, and ignored critical statutory duties regarding local community interests, international environmental obligations, and the precautionary principle.
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Document type: Report
a2-7cfbd3ff4f16b34c.pdf
The document is an appeal decision by the Minister of Environmental Affairs of the Republic of South Africa regarding an amendment to the Environmental Authorisation (EA) for the Thabametsi Power Station. The project involves the establishment of a 1200MW coal-fired power station and associated infrastructure near Lephalale in the Limpopo Province. After considering an appeal lodged by Earthlife Africa Johannesburg (via the Centre for Environmental Rights), the Minister dismissed the appeal but amended several conditions of the EA to address typographical errors, clarity on water monitoring, and heritage resource requirements.
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Document type: Statement
APPEAL PURSUANT TO SECTION 43(1A) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST THE DECISION RELATED TO THE ENVIRONMENTAL AUTHORISATION GRANTED TO TETRA4 (PTY) LTD ON 09 MAY 2025
The Mining and Environmental Justice Community Network of South Africa (MEJCON-SA) and Mining Affected Communities United in Action (MACUA) have lodged an appeal to the Minister of Forestry, Fisheries and the Environment to set aside an environmental authorisation (EA) granted by the Department of Mineral Resources and Energy (DMRE) on 09 May 2025 to Tetra4 (Pty) Ltd. The EA allows Tetra4 to extend its production right to incorporate 18 additional wells across 80 farm portions in the Free State Province. The appellants argue that Tetra4 used a Basic Assessment Report (BAR) process under section 102 of the Mineral and Petroleum Resources Development Act (MPRDA) to circumvent a previous ministerial order from 01 August 2024, which had set aside a larger 'Cluster 2' expansion due to inadequate climate and groundwater assessments.
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Document type: Statement