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2014-05-30-fa11-s21-project-international-review-4d7ff58bb0ec9577.pdf
This report, produced for the South African Department of Environmental Affairs and Tourism (DEAT), provides an international review of air emission standards to support the implementation of Section 21 of the National Environmental Management: Air Quality Act (NEM:AQA). It analyzes regulatory frameworks in the United States, United Kingdom, and Australia (specifically New South Wales), with additional references to India, Japan, Poland, and China. The document recommends a phased approach to listing industrial activities and setting minimum emission standards based on Best Available Technology (BAT), while suggesting the integration of command-and-control measures with market-based mechanisms like emissions trading.
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Document type: Report
2014-05-30-fa12-s21-project-final-revew-report-ec28195dda07a12e.pdf
This document consists of a final review report and supporting meeting minutes and submissions regarding the implementation of listed activities and minimum emission standards (MES) under the National Environmental Management: Air Quality Act (AQA) of 2004 in South Africa. It proposes a phased approach to setting emission standards based on Best Available Technology (BAT), identifies priority industry sectors for initial listing, and discusses the establishment of national ambient air quality standards to protect public health and the environment.
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Document type: Report
2014-05-30-fa24-sabs-sc-146a-minutes-5-11-2008-be24100bff37951d.pdf
The document contains the minutes of the SABS SC 146A Source Emissions meeting held on 5 November 2008 in Pretoria. The meeting focused on reviewing proposed minimum emission standards for South Africa, coordinating the work of various Working Groups (WGs), and addressing technical disagreements regarding emission limits and plant definitions.
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Document type: Report
2014-05-30-fa64-ppc-meeting-on-s21-4474291ced634951.pdf
Unofficial minutes from a May 8, 2013, meeting of the Portfolio Committee on Water and Environmental Affairs regarding public hearings on Section 21 listed activities of the National Environmental Management: Air Quality Act (No. 39 of 2004). The session involved submissions from industry bodies and civil society organizations concerning emission standards, the fairness of the amendment process, and the health impacts of air pollution on local communities.
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Document type: Briefing
2014-05-30-fa65-green-room-issues-15-05-2013-c19ba92f885f774b.pdf
This briefing document outlines technical and regulatory issues arising from a May 15, 2013, workshop between the Department of Environmental Affairs (DEA) and industry stakeholders regarding the Section 21 emission standards. It focuses on refining activity descriptions, adjusting emission limits for specific industrial processes, and addressing the legal and practical implications of including 'use of' and 'storage' in the listed activities.
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Document type: Briefing
affidavit-david-le-maitre-ff35c9ae2d594182.pdf
This document is an affidavit by David Carlyle Le Maitre, a principal researcher at the Council for Scientific and Industrial Research (CSIR), submitted to the Water Tribunal. It provides expert testimony on the identification and importance of Strategic Water Source Areas (SWSAs) in South Africa, specifically addressing the impact of the proposed Yzermyn underground coal mine on the Enkangala Drakensberg surface water SWSA.
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Document type: Statement
annexure-1-9c39c3da6f8e0daf.pdf
The Centre for Environmental Rights (CER), acting for the Highveld Environmental Justice Network (HEJN), groundWork (gW), and Earthlife Africa (ELA), submitted preliminary objections and recommendations regarding 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 public participation process was procedurally unfair due to insufficient notice and comment periods. Substantively, the CER identifies critical gaps in the draft AQMP, including a lack of enforcement strategies, insufficient technical capacity within the NDM, and misalignment with the Highveld Priority Area (HPA) goals. The CER also proposes significant amendments to the draft by-laws to strengthen dust control, clarify authorization procedures, and ensure stricter local emission standards.
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Document type: Statement
SUBMISSIONS ON THE REVISED DRAFT AIR QUALITY MANAGEMENT PLAN “ANNEXURE 2”
The Centre for Environmental Rights (CER) submitted comments on the revised draft Air Quality Management Plan (AQMP) for the Nkangala District Municipality (NDM). The CER argues that the plan is overly ambitious given the NDM's lack of capacity and resources, fails to align with the Highveld Priority Area (HPA) AQMP, and contains significant technical errors in its air quality modelling and data.
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Document type: Statement
The U. S. Experience with Economic Incentives for Protecting the Environment
This report section details the use of economic incentives—specifically pollution charges, fees, and taxes—to protect the environment in the United States. It examines various instruments including water and air emission fees, solid waste disposal charges, product taxes, and specialized fees for wetlands and grazing, analyzing their roles in raising revenue and incentivizing pollution reduction.
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Document type: Report
SUBMISSIONS ON THE DRAFT AIR QUALITY MANAGEMENT BY-LAW
The Centre for Environmental Rights (CER) provides detailed legal and technical submissions on the draft Air Quality Management By-law for the Ngkawi District Municipality (NDM). The CER recommends aligning the by-laws with national legislation, such as the National Environmental Management: Air Quality Act (AQA) and the National Environmental Management Act (NEMA), and suggests stricter local emission and dust standards to protect human health, particularly given the area's location within a High Priority Area (HPA).
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Document type: Report
et3-d178e81375b40721.pdf
This memorandum from the Mpumalanga Department of Agriculture, Rural Development, Land and Environmental Affairs (DARDLEA) evaluates an appeal by the Centre for Environmental Rights (CER) and its clients against the environmental authorisation granted to Atha Africa Ventures (AAV) for the proposed Yzermyn underground coal mine. The department recommends that the appeal be dismissed, concluding that the authorisation process was legally sound and that potential environmental impacts can be mitigated to acceptable levels.
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Document type: Briefing
first-resp-part-5-eb4a04733474d895.pdf
The document is an answering affidavit from the Minister of the National Department of Environmental Affairs regarding a legal application by the Centre for Environmental Rights. The Minister defends the government's air quality management in the Highveld Priority Area, arguing that the Highveld Plan is a 'living document' that has been approximately 80% implemented. The Minister disputes the necessity of creating specific regulations under section 20 of the Air Quality Act, citing resource constraints and the need to balance environmental rights with socio-economic growth and energy security.
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Document type: Report
HEADS OF ARGUMENT ON BEHALF OF THE 1 ST , 2ND AND 5TH RESPONDENTS
This document contains the heads of argument submitted on behalf of the Minister of Environmental Affairs, the Minister of Mineral Resources, and the MEC for Agriculture, Rural Development, Land and Environmental Affairs of Mpumalanga Province. The respondents oppose a judicial review application brought by several environmental organisations seeking to set aside the written permission granted to Atha Africa (Pty) Ltd to conduct underground mining within the Mabola Protected Environment (MPE). The respondents argue that the decision-making process was procedurally fair, that they were entitled to rely on interrelated statutory authorisation processes to avoid duplication, and that the permission was granted subject to stringent environmental and social conditions.
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Document type: Briefing
THIRD RESPONDENT’S HEADS OF ARGUMENT
The Third Respondent, Atha-Africa Ventures (Pty) Ltd, submitted heads of argument to the High Court of South Africa (Mpumalanga Division) opposing a judicial review application by several environmental NGOs. The Applicants seek to set aside a decision to rezone Portion 1 of the Farm Yzermyn 96 HT from agricultural to mining use. The Third Respondent argues that the application is a strategic attempt by the 'Green Lobby' to delay the Yzermyn coal mine and that the environmental concerns raised have already been adjudicated and dismissed by the Water Tribunal and the Pretoria High Court.
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Document type: Briefing
10 Essentials for a ‘Truly Green’ Green Equity Approach
This report by Recourse and a coalition of partners evaluates the International Finance Corporation's (IFC) 'Approach to Greening Equity in Financial Institutions' (GEA). While acknowledging the GEA's goal to phase out coal-related investments by 2030, the authors argue that the current framework contains significant loopholes and fails to align with the Paris Agreement. The document proposes ten essential reforms to ensure the IFC's equity investments in financial intermediaries are truly green, including expanding the scope to oil and gas, improving transparency, and addressing human rights and gender equality.
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Document type: Report
Análisis jurídico de las consecuencias de la determinación no consensuada de la OCDE sobre la enmienda de plásticos de Basilea
This legal opinion by the Center for International Environmental Law (CIEL) analyzes the obligations of OECD members regarding the trade of plastic wastes following the OECD's failure to reach a consensus on incorporating the Basel Convention's Plastic Waste Amendments into the OECD Decision on the trade of wastes. The analysis concludes that plastic wastes classified as "other wastes" under the Basel Convention fall outside the scope of the OECD Decision, meaning OECD members who are Parties to the Basel Convention must apply Basel's control and prohibition mechanisms. CIEL further argues that separate agreements, such as those between the US and Canada or within the EU, fail to meet the equivalence requirements of Article 11 of the Basel Convention and are therefore invalid for bypassing Basel controls.
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Document type: Report
COMMENTS TO THE IFC BAKU-TBLISI-CEYHAN PIPELINE PROJECT
The Center for International Environmental Law (CIEL) provides comments to the International Finance Corporation (IFC) regarding the Baku-Tbilisi-Ceyhan (BTC) Pipeline Project. The report argues that the project's legal framework undermines the rule of law in host countries, fails to adequately address climate change, and violates IFC policies regarding public consultation and compensation for affected populations, particularly in Turkey.
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Document type: Report
Climate Change & Human Rights
This guide by the Center for International Environmental Law (CIEL) examines the intersection of climate change and international human rights law. It details how climatic phenomena and the measures taken to mitigate or adapt to them can infringe upon fundamental rights, particularly for vulnerable populations such as indigenous peoples, women, and children. The document outlines key international milestones—including UN Human Rights Council resolutions and the Cancun Agreements—and advocates for a rights-based approach to be integrated into the UN Framework Convention on Climate Change (UNFCCC) processes.
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Document type: Guide
concepts_principles_1993-92559c547e2b14c7.pdf
This research paper, authored by David Hunter, Julia Sommer, and Scott Vaughan, provides an introduction to the basic concepts and principles of international environmental law. It aims to assist policymakers in reconciling environmental protection with trade liberalization by detailing the legal frameworks surrounding sustainable development, the duty to cooperate, the duty to avoid environmental harm, and the duty to compensate for such harm.
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Document type: Research paper
THE RIGHTS OF PERSONS WITH DISABILITIES IN THE CONTEXT OF THE UN FRAMEWORK CONVENTION ON CLIMATE CHANGE
This briefing note, produced by the Center for International Environmental Law (CIEL) in collaboration with the Council of Canadians with Disabilities (CCD) and Inclusiva, examines the intersection of disability rights and the UN Framework Convention on Climate Change (UNFCCC). It provides a reference guide for governments and stakeholders, compiling relevant international legal frameworks and specific UNFCCC decisions to ensure that persons with disabilities are included in climate mitigation, adaptation, and disaster risk reduction efforts.
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Document type: Briefing