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Submissions on the Land Value Index Laws (Amendment) Bill, 2018
Natural Justice submitted a series of recommendations on the Land Value Index Laws (Amendment) Bill, 2018, arguing that several proposed changes would marginalize vulnerable groups, undermine the judiciary, and conflict with the Constitution of Kenya 2010.
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Document type: Statement
SUBMISSIONS ON THE BACKGROUND INFORMATION DOCUMENT (BID) FOR ESKOM’S SECOND POSTPONEMENT APPLICATION IN RESPECT OF THE 2015 MINIMUM EMISSION STANDARDS (MES) FOR TUTUKA POWER STATION
The Centre for Environmental Rights (CER), on behalf of the Life After Coal campaign and the Highveld Environmental Justice Alliance Network (HEJN), submitted formal objections to Eskom's Background Information Document (BID) regarding a second postponement application for Minimum Emission Standards (MES) at the Tutuka Power Station. The submission argues that the application is legally impermissible because Tutuka is located in the Highveld Priority Area (HPA), where ambient air quality does not comply with National Ambient Air Quality Standards (NAAQS), a prerequisite for any postponement. The CER further contends that Eskom's request for a "rolling postponement" is equivalent to an illegal exemption and that the BID intentionally withholds critical information regarding pollutants, timeframes, and health impacts to mislead the public and decision-makers.
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Document type: Statement
RELEVANT INFORMATION IN RELATION TO THE DRAFT INTEGRATED RESOURCE PLAN FOR ELECTRICITY UPDATE & THE DRAFT INTEGRATED ENERGY PLAN
The Centre for Environmental Rights (CER), representing the Life After Coal/Impilo Ngaphandle Kwamalahle Campaign, submitted a formal statement to the Portfolio Committee on Energy on 29 November 2017. The document outlines critical concerns regarding the lack of transparency, inadequate public consultation, and the omission of key economic and environmental data in the development of South Africa's draft Integrated Resource Plan (IRP) for Electricity Update and the draft Integrated Energy Plan (IEP).
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Document type: Statement
PRELIMINARY SUBMISSIONS REGARDING THE DRAFT REVIEW OF THE NATIONAL FRAMEWORK FOR AIR QUALITY MANAGEMENT 2017
The Centre for Environmental Rights (CER), representing several environmental justice organizations, submitted preliminary comments on the 2017 draft review of South Africa's National Framework for Air Quality Management. The submission criticizes the Department of Environmental Affairs (DEA) for failing to meet previous targets, lacking transparency in progress reviews, and neglecting meaningful public participation in high-pollution priority areas.
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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
APPELLANT’S SUBMISSIONS TO THE MINISTER IN TERMS OF REG 60(4) OF THE 2010 EIA REGULATIONS IN RESPECT OF ACWA POWER KHANYISA THERMAL POWER STATION RF (PTY) LIMITED
This document is a cover letter from the Centre for Environmental Rights (CER) to the South African Minister of Environmental Affairs, submitting further arguments on behalf of groundWork to appeal the environmental authorisation for the ACWA Power Khanyisa Thermal Power Station.
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Document type: Statement
SUBMISSIONS BY THE CENTRE FOR ENVIRONMENTAL RIGHTS TO THE NATIONAL COUNCIL OF PROVINCES ON THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT AMENDMENT BILL [B 15D-2013]
The Centre for Environmental Rights (CER) submitted comments to the National Council of Provinces regarding the Mineral and Petroleum Resources Development Amendment Bill [B 15D-2013]. The CER argues that the legislative process has been procedurally irregular, potentially leading to a constitutional challenge, and expresses concern that new amendments dilute community participation and environmental protections.
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Document type: Statement
SUBMISSIONS ON DRAFT CLIMATE CHANGE IMPACT ASSESSMENT REPORT FOR THABAMETSI IPP COAL-FIRED POWER STATION
The Centre for Environmental Rights, acting for Earthlife Africa Johannesburg, submitted comments on the draft Climate Change Impact Assessment (CCIA) and Palaeontological Impact Assessment (PIA) for the proposed Thabametsi coal-fired power station. The submission argues that the draft CCIA significantly underestimates greenhouse gas emissions, ignores the social cost of carbon, and fails to adequately address severe water scarcity risks in the Lephalale area. The authors contend that the project is not in the national interest due to existing excess energy capacity and that the most appropriate recommendation is a 'no go option' to avoid irreversible environmental and social harm.
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Document type: Statement
FIRST TO THIRD RESPONDENTS’ WRITTEN SUBMISSIONS
This document contains written submissions by the First to Third Respondents (representatives of the South African Department of Environmental Affairs) in a High Court case brought by Earthlife Africa Johannesburg. The respondents argue that the grant of an environmental authorisation to the Thabametsi power project was lawful and rational, despite the absence of a comprehensive climate change impact assessment (IA) at the time of approval.
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Document type: Briefing
SUBMISSIONS ON FINAL SCOPE OF WORK REPORT FOR THABAMETSI IPP COAL-FIRED POWER STATION DEA REF 14/12/16/3/3/3/40
The Centre for Environmental Rights (CER), acting for Earthlife Africa Johannesburg, submitted comments to the Department of Environmental Affairs (DEA) regarding the Final Scope of Work Report (FSR) for the Thabametsi coal-fired power station. The CER argues that the FSR is inadequate, particularly concerning the Climate Change Impact Assessment (CCIA), and requests that the DEA either reject the report or require significant amendments to align it with the South African Constitution and the National Environmental Management Act (NEMA).
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Document type: Statement
COMMENTS ON THE DRAFT STRATEGY TO ADDRESS AIR POLLUTION IN DENSE LOW INCOME SETTLEMENTS
The Centre for Environmental Rights (CER), representing several environmental justice organisations, submitted comments on the 2016 Draft Strategy to Address Air Pollution in Dense Low Income Settlements. While welcoming the document, the CER argues that it lacks measurable plans, adequate baseline data, and a strategy for community consultation to effectively address the health impacts of domestic fuel burning in South Africa.
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Document type: Statement
WRITTEN SUBMISSIONS TO THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION FOR THE NATIONAL INVESTIGATIVE HEARING ON THE UNDERLYING SOCIO-ECONOMIC CHALLENGES IN MINING-AFFECTED COMMUNITIES IN SOUTH AFRICA
The Centre for Environmental Rights (CER) submitted these written submissions to the South African Human Rights Commission (SAHRC) in August 2016. The document outlines systemic failures in the environmental governance of the South African mining sector, detailing how poor monitoring, inadequate enforcement, and flawed impact assessment processes lead to the violation of environmental rights in mining-affected communities. It provides evidence of water pollution, ecosystem destruction, and severe health impacts, while recommending a transfer of regulatory authority from the Department of Mineral Resources to environmental authorities.
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Document type: Report
PRELIMINARY COMMENTS ON THE DRAFT NATIONAL GREENHOUSE GAS EMISSION REPORTING REGULATIONS
The Centre for Environmental Rights (CER), acting on behalf of several environmental justice organisations, submitted preliminary comments on South Africa's Draft National Greenhouse Gas (GHG) Emission Reporting Regulations. The submission argues that the draft regulations place an inappropriate burden on data providers to calculate their own emissions and lacks sufficient transparency and public disclosure mechanisms, which are necessary to meet South Africa's commitments under the Paris Agreement and its Nationally Determined Contribution (NDC).
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Document type: Statement
SUBMISSIONS ON THE BACKGROUND INFORMATION DOCUMENT FOR THE PROPOSED MOKOLO CROCODILE (WEST) WATER AUGMENTATION PROJECT PHASE 2
The Centre for Environmental Rights, acting for Earthlife Africa Johannesburg, submitted comments on the Background Information Document (BID) for the proposed Mokolo Crocodile (West) Water Augmentation Project Phase 2 (MCWAP-2). The submission expresses significant reservations regarding the project's sustainability and feasibility, citing climate change and water scarcity, and requests further clarity on the environmental impact assessment (EIA) process and public consultation.
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Document type: Statement
RECOMMENDATIONS FOR THE CLIMATE CHANGE IMPACT ASSESSMENT TO BE CONDUCTED BY THABAMETSI POWER PROJECT (PTY) LTD
The Centre for Environmental Rights (CER), on behalf of Earthlife Africa Johannesburg, provides recommendations to improve the scope of the Climate Change Impact Assessment (CCIA) and Palaeontological Impact Assessment Report (PIAR) for the proposed 1200MW Thabametsi coal-fired power station near Lephalale, Limpopo. The CER argues that the current scoping report is too narrow and fails to align with international best practices or South Africa's climate commitments under the Paris Agreement and its Intended Nationally Determined Contribution (INDC).
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Document type: Statement
Comments on the Draft Declaration of Greenhouse Gases as Priority Pollutants & the National Pollution Prevention Plans Regulations
The Centre for Environmental Rights (CER), representing several environmental justice organisations, submitted comments on 8 February 2016 regarding the Draft Declaration of Greenhouse Gases as Priority Pollutants and the Draft National Pollution Prevention Plans (PPP) Regulations. The submission argues for greater alignment between these regulations and South Africa's international commitments under the Paris Agreement and its Intended Nationally Determined Contribution (INDC), while advocating for increased transparency, public access to data, and more rigorous monitoring and verification of greenhouse gas (GHG) emissions.
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Document type: Statement
SUBMISSIONS ON THE DRAFT NATIONAL GREENHOUSE GAS EMISSION REPORTING REGULATIONS
The Centre for Environmental Rights (CER), representing groundwork (gW), Earthlife Africa, Johannesburg (ELA), and the South Durban Community Environmental Alliance (SDCEA), submitted formal comments on the draft National Greenhouse Gas (GHG) Emission Reporting Regulations published on 5 June 2015. The CER argues that the draft regulations are insufficient to meet South Africa's international obligations under the UNFCCC and the Kyoto Protocol, citing a lack of detailed facility-level reporting, a failure to identify 'key categories' of emission sources as per IPCC Guidelines, and inadequate provisions for public disclosure of emission data.
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Document type: Statement
SUBMISSIONS ON DEPARTMENT OF ENVIRONMENTAL AFFAIRS’ DRAFT AIR QUALITY OFFSETS GUIDELINE DATED JANUARY 2015
The Centre for Environmental Rights (CER), representing several environmental justice alliances, submitted a formal objection to the Department of Environmental Affairs' draft Air Quality Offsets Guideline (January 2015). The CER argues that the proposed offsets are actually forms of compensation that lack a legislative framework and could be used by polluters to avoid legal compliance with emission standards.
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Document type: Statement
SUBMISSIONS ON THE DRAFT AIR QUALITY MANAGEMENT BY-LAW
The Centre for Environmental Rights (CER) provides detailed legal submissions on a draft Air Quality Management By-law, advocating for stronger public participation, mandatory rather than discretionary emission standards, and the removal of 'rectification' provisions for unlawful activities.
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Document type: Statement
PRELIMINARY SUBMISSIONS ON THE DRAFT NKANGALA DISTRICT MUNICIPALITY AIR QUALITY MANAGEMENT PLAN AND DRAFT AIR QUALITY MANAGEMENT BY-LAWS
The Centre for Environmental Rights (CER), representing the Highveld Environmental Justice Network (HEJN), groundWork (gW), and Earthlife Africa (ELA), submitted preliminary comments on the draft Air Quality Management Plan (AQMP) and draft Air Quality Management By-laws for the Nkangala District Municipality (NDM). The CER argues that the NDM has delayed its legal obligations under the National Environmental Management: Air Quality Act, 2004, and has failed to provide stakeholders with adequate time or technical support to meaningfully participate in the drafting process.
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Document type: Statement