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annexure-24-00444e074a16680e.pdf
This document is an appeal decision issued by the Minister of Environmental Affairs of the Republic of South Africa regarding a request by Sasol (Ltd) for access to information under the Promotion of Access to Information Act, 2000 (PAIA). The appeal concerned the completeness of information provided by the Department regarding the promulgation of GN 248 and GN 893, and the development of the 2007 and 2012 National Frameworks for Air Quality Management.
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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 13 JULY 2023
The Mining and Environmental Justice Community Network of South Africa (MEJCON-SA) and Mining Affected Communities United in Action (MACUA) have appealed a decision by the Department of Mineral Resources and Energy (DMRE) to grant environmental authorisation (EA) to Tetra4 (Pty) Ltd for the Cluster 2 Virginia Gas Production Project. The appellants argue that the decision is unlawful and unreasonable due to flawed groundwater and climate change assessments, inadequate public participation, a failure to consider renewable energy alternatives, and the state's lack of capacity to monitor gas operations.
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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
APPEAL TO THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM
The Vaal Environmental Justice Alliance (VEJA) and groundWork have appealed a decision by the National Air Quality Officer (NAQO) to grant ArcelorMittal South Africa (AMSA) postponements and alternative emission limits for Hydrogen Sulphide (H2S) at its Vanderbijlpark facility. The appellants argue that the granted limits are unlawfully weaker than existing plant standards and that AMSA's history of environmental non-compliance makes it unfit to receive such leniency.
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Document type: Statement
annexures-3bdbf4a4425f6eb6.pdf
This document consists of a series of annexures related to the proposed extension of the Tormin Mineral Sands Mine on the West Coast of South Africa. It includes a Background Information Document (BID) and an Executive Summary of an Environmental Impact Assessment (EIA) report prepared by SRK Consulting for Mineral Sand Resources (Pty) Ltd (MSR). The documents detail plans to expand mining of Valuable Heavy Minerals (VHM) across ten beaches and an inland strandline, alongside infrastructure upgrades. The annexures also contain extensive legal correspondence and an appeal from the Centre for Environmental Rights (CER), which challenges the lawfulness of the extension process, alleges previous environmental violations by MSR, and disputes the adequacy of the impact assessments regarding Critical Biodiversity Areas (CBAs).
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Document type: Report
SKM_75820080511500
This document is a decision by the Water Tribunal regarding an appeal by the Endangered Wildlife Trust, the Federation for a Sustainable Environment, and Mpumalanga Landbou/Agriculture against a Water Use License (WUL) granted to Atha-Africa Ventures (Pty) Ltd for the Yzermyn underground coal mine in Mpumalanga, South Africa. The appeal focuses on the potential environmental impacts of the mine, specifically the dewatering of mine shafts, the risk of contaminated water decanting post-closure, and the mine's location within a Strategic Water Source Area (SWSA).
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Document type: Report
APPELLANTS’ ANSWERING STATEMENT IN TERMS OF REGULATION 63(2)(b) OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2010
This answering statement, submitted by the Centre for Environmental Rights on behalf of several appellants, challenges an environmental authorisation granted to Atha Africa Ventures (Pty) Ltd for the proposed Yzermyn coal mine. The appellants argue that the project has significant implications for international environmental commitments, suffers from material gaps in specialist information—particularly regarding acid mine drainage and subsidence—and was determined by an incorrect competent authority.
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Document type: Statement
SKM_C65821081211380
This document is an appeal decision issued by the Minister of Forestry, Fisheries and the Environment of South Africa regarding the amendment of an Environmental Authorisation (EA) for the 400 MW Richards Bay Gas to Power Facility. The Minister partially upheld an appeal by GroundWork, ruling that certain increases in fuel storage capacity and unloading stations required a new Environmental Impact Assessment (EIA) rather than a simple amendment. The Minister also ordered the correction of the EA's validity period extension.
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Document type: Statement
APPEAL RESPONSE REPORT
This Appeal Response Report, submitted by the Centre for Environmental Rights on behalf of MEJCON-SA and MACUA, argues that the Environmental Authorisation (EA) for Tetra4's Cluster 2 gas production expansion should be set aside. The appellants contend that the project's Final Environmental Impact Assessment Report (FEIAR) contains fatal flaws regarding groundwater impact analysis, climate change assessments, and public participation processes. Furthermore, they argue the project is neither necessary nor desirable due to the risk of stranded assets and the availability of cheaper renewable energy alternatives, and that South Africa lacks the regulatory capacity to monitor and enforce compliance in the gas sector.
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Document type: Report
APPELLANTS’ RESPONDING STATEMENT, IN TERMS OF REGULATION 74(8) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT REGULATIONS, 2004, TO ATHA-AFRICA VENTURES (PTY) LTD’S REPLYING SUBMISSION
This responding statement, submitted by the Centre for Environmental Rights on behalf of eight appellants, challenges the Department of Mineral Resources' (DMR) approval of the Environmental Management Programme (EMPR) for Atha-Africa Ventures (Pty) Ltd's proposed Yzermyn mine. The appellants argue that the approved EMPR authorizes an environmentally destructive discard dump, ignores extensive government conservation policies for the area, and contains woefully inadequate financial provisions for rehabilitation.
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Document type: Statement
APPEAL RESPONSE REPORT
This Appeal Response Report details the legal dispute regarding the authorization of the 1050MW Colenso Coal Fired Power Station. The document lists five grounds of appeal raised by Groundwork and the South Durban Community Environmental Alliance, alleging failures to comply with the National Environmental Management Act (NEMA), EIA Regulations, and Constitutional requirements, and provides the responding statements from the Department/DMR denying these failures.
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Document type: Report
dd24-dd25-86f635fc7b235fc4.pdf
This document consists of an internal appeal filed by the Centre for Environmental Rights (CER) on behalf of the South Durban Community Environmental Alliance (SDCEA) and the subsequent ruling by the eThekwini Metropolitan Municipality. The appeal challenged the Municipality's refusal to grant access to Atmospheric Emission Licences (AELs) and compliance reports for the SAPREF (Shell and BP) and Engen petroleum refineries, which the Municipality had withheld citing the protection of third-party commercial information under the Promotion of Access to Information Act (PAIA). The Appeal Authority ultimately upheld the refusal, ruling that the information was commercially sensitive and that the public interest override was not sufficiently substantiated.
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Document type: Statement
IN THE MATTER OF THE GRANTING OF AUTHORISATION IN TERMS OF SECTION 23(1) OF THE MINERALS PETROLEUM RESOURCES DEVELOPMENT ACT – GRANTING OF A MINING RIGHT AND APPROVAL OF THE EMPR IN RESPECT OF PORTIONS 6 and 23 OF GROENVLEI 353 JT and PORTION 12 of LAKENVLEI 355 JT , LOCATED IN THE MAGISTERIAL DISTRICT OF BELFAST, MPUMALANGA PROVINCE. REFERENCE MP 30/5/1/2/2/505 MR INTERNAL APPEAL TO THE MINISTER OF MINERAL RESOURCES APPEAL IN TERMS OF SECTION 96 OF THE MINERALS PETROLEUM RESOURCES DEVELOPMENT ACT AND URGENT REQUEST FOR THE REASONS TO GRANT THE ABOVEMNETIONED MINING RIGHT AND APPROVAL THE EMPR IN TERMS OF SECTION 6(2) OF THE ACT AND URGENT SUSPENSION OF THE MINING RIGHT AND APPROVED EMPR
The Escarpment Environment Protection Group (EEPOG) and other appellants have filed an internal appeal to the Minister of Mineral Resources to suspend and set aside the granting of a mining right and the approval of an Environmental Management Programme (EMPR) to William Patrick Bower (Pty) Ltd (WPB). The appellants argue that the process was procedurally unfair, lacked meaningful consultation, and ignored critical environmental and socio-economic risks in the sensitive Steenkampsberg area of Mpumalanga.
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Document type: Statement
et4-9bacb3b44cdccdc8.pdf
This document is a statement of grounds of appeal filed by eight environmental and community organisations against an environmental authorisation (EA) 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 EA was granted without lawful authority, based on a deficient Environmental Impact Assessment Report (EIAR), and ignores critical biodiversity and socio-economic risks.
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Document type: Statement
ilovepdf_merged-48_rotated-feb7992c94841dd6.pdf
This document is an appeal filed on 17 January 2022 by Anchor Energy LNG Pty Ltd and Nseleni Power Corporation Pty Ltd against the Department of Forestry, Fisheries and the Environment's (DFFE) decision to refuse environmental authorisations for the Nseleni Independent Floating Power Plant (NIFPP) and an associated LNG receiving and storage facility at the Port of Richards Bay.
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Document type: Report
SUPPLEMENTARY APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT MUNICIPAL SYSTEMS ACT 32 OF 2000
This document is a supplementary appeal submitted by the Centre for Environmental Rights (CER) on behalf of GroundWork. It challenges the decision by the Nkangala District Municipality (NDM) to transfer a provisional atmospheric emission licence (PAEL) from Anglo Operations (Pty) Ltd to ACWA Power Khanyisa Thermal Power Station (RF) (Pty) Limited for the Khanyisa Project.
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Document type: Statement
notice-of-appeal-s149-nwa-_-served-and-filed-bdaaed071241cfdd.pdf
This document is a Notice of Appeal filed in the High Court of South Africa by the Endangered Wild Federation and the Federation for a Sustainable Environment. The appellants challenge a May 22, 2018, decision by the Water Tribunal regarding a water use licence granted to Atha-Africa Ventures (Pty) Ltd. The appeal is based on eleven grounds, primarily arguing that the Water Tribunal ignored critical environmental data, failed to apply the precautionary principle, and overlooked jurisdictional requirements regarding landowner consent and financial security for post-closure water treatment.
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Document type: Statement
pml1-007d50867763ea55.pdf
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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Document type: Statement