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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
OBJECTIONS TO THE MOTUOANE EXPLORATION RIGHT 386 APPLICATION, WITHIN VARIOUS FARMS IN MATJHABENG AND MOQHAKA LOCAL MUNICIPALITIES, LEJWELEPUTSWA AND FEZILE DABI DISTRICT MUNICIPALITIES, FREE STATE PROVINCE, SOUTH AFRICA
The Centre for Environmental Rights, on behalf of MACUA and MEJCON-SA and jointly with Natural Justice, submitted formal objections to the Motuoane Exploration Right 386 application. The submission argues that the project's scoping report is deficient in its assessment of climate change, air quality, and groundwater impacts, and that the public participation process was exclusionary and legally inadequate.
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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
APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST AMENDED ENVIRONMENTAL AUTHORISATION GRANTED TO PHINDA POWER PROJECTS (PTY) LTD ON 2 AUGUST 2024
This document is a formal appeal submitted by groundWork and the South Durban Community Environmental Alliance (SDCEA) to the Minister of Forestry, Fisheries and Environment. The appeal seeks to set aside an Amended Environmental Authorisation (Amended EA) granted on 2 August 2024 to Phinda Power Projects (Pty) Ltd for a 320MW Emergency Risk Mitigation Power Plant in Alton, Richards Bay. The Appellants argue that the decision was unlawful, procedurally unfair, and failed to adequately assess the environmental and climate impacts of switching the plant's fuel source and technology.
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Document type: Statement
ENVIRONMENTAL AUTHORISATION AND APPEAL DECISION: 400MW RICHARDS BAY GAS TO POWER
The Centre for Environmental Rights (CER), acting on behalf of groundWork, has written to the South African Department of Forestry, Fisheries and Environment (DFFE) to seek clarity and reasons regarding a Minister's appeal decision dated 10 August 2021. The decision concerns the environmental authorisation for the 400MW Richards Bay Gas to Power project, specifically regarding the increase in fuel-generated gas capacity and the omission of a climate change impact assessment.
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Document type: Statement
APPEAL IN TERMS OF SECTION 43 OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT,1998 AGAINST THE ENVIRONMENTAL AUTHORISATION ISSUED TO THE DEPARTMENT OF WATER AND SANITATION ON 15 MARCH 2019 FOR THE MOKOLO AND CROCODILE RIVER (WEST) AUGMENTATION PROJECT (PHASE 2A) (MCWAP-2A), WITHIN THE THABAZIMBI AND LEPHALALE LOCAL MUNICIPALITIES IN THE WATERBERG DISTRICT MUNICIPALITY, LIMPOPO PROVINCE
This document is a formal appeal submitted by the Centre for Environmental Rights on behalf of Earthlife Africa and groundWork to the Minister of Environmental Affairs. The appeal seeks to set aside an Environmental Authorisation granted on 15 March 2019 to the Department of Water and Sanitation for Phase 2A of the Mokolo and Crocodile River (West) Augmentation Project (MCWAP-2A). The appellants argue that the project is unnecessary, environmentally damaging, and based on outdated energy demand assumptions.
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Document type: Statement
RELEVANT INFORMATION ON THE COAL INDEPENDENT POWER PRODUCERS (IPPS)
The Centre for Environmental Rights (CER) submitted a statement to the Portfolio Committee on Environmental Affairs on May 22, 2018, opposing the approval of coal-fired Independent Power Producers (IPPs), specifically Thabametsi and Khanyisa. The CER argues that these projects are unnecessary, economically damaging, and environmentally catastrophic, citing high greenhouse gas emissions, water scarcity, and air pollution in priority areas.
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Document type: Statement
MINISTER’S DECISION TO UPHOLD THE ENVIRONMENTAL AUTHORISATION FOR THE PROPOSED THABAMETSI COAL-FIRED POWER STATION
The Centre for Environmental Rights (CER) has notified the Portfolio Committee on Environmental Affairs of its intention to challenge the Minister of Environmental Affairs' January 30, 2018, decision to uphold the environmental authorisation for the proposed Thabametsi coal-fired power station. The CER argues the decision is unreasonable and unlawful, as it relies on an outdated energy policy to justify a project with very high greenhouse gas emissions and water scarcity risks, contradicting a previous High Court judgment regarding the necessity of independent climate impact assessments.
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Document type: Statement
RESPONSE TO NERSA LETTER OF 14 NOVEMBER 2017 – RELEVANT INFORMATION IN RELATION TO THABAMETSI AND KHANYISA IPP POWER STATION PROJECTS
The Centre for Environmental Rights (CER), acting for Earthlife Africa Johannesburg and groundWork, wrote to the National Energy Regulator of South Africa (NERSA) on 5 December 2017 regarding licensing applications for the Thabametsi and Khanyisa coal-fired power stations. The letter challenges NERSA's handling of the applications, highlighting outstanding water use licences (WUL), atmospheric emission licences (AEL), and ongoing court reviews.
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Document type: Statement
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
UPDATE ON THE PREFERRED BIDDERS UNDER THE FIRST BID WINDOW OF THE COAL BASELOAD IPP PROCUREMENT PROGRAMME AND THE PROPOSED KIPOWER COAL-FIRED POWER STATION
The Centre for Environmental Rights (CER), representing Earthlife Africa Johannesburg and groundWork, submitted a letter to the IPP Office of the Department of Energy on 15 September 2017. The letter provides updates on legal and environmental challenges facing three proposed coal-fired power stations: Thabametsi, Khanyisa, and KiPower. The CER argues that these projects fail to meet the legal qualification criteria for financial close or preferred bidder status due to missing climate change impact assessments (CCIA) and pending disputes over environmental and water licenses.
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Document type: Statement
UPDATE ON THE COAL INDEPENDENT POWER PRODUCER (IPP) COAL-FIRED POWER STATIONS – THABAMETSI & KHANYISA
A letter from the Centre for Environmental Rights (CER) to the National Energy Regulator of South Africa (NERSA) providing updates and requesting the status of electricity generation licence applications for the Thabametsi and Khanyisa coal-fired power stations.
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Document type: Statement
The proposed KiPower IPP
This case study details legal challenges brought by groundWork and the Centre for Environmental Rights (CER) against the environmental and water authorizations granted for the proposed KiPower coal-fired power station in South Africa.
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Document type: Case study
ENVIRONMENTAL AUTHORISATION FOR THE CONSTRUCTION OF A 600 MW COAL-FIRED INDEPENDENT POWER PLANT AND ASSOCIATED INFRASTRUCTURE FOR KIPOWER (PTY) LIMITED SOUTH AFRICA / CLIMATE CHANGE IMPACT ASSESSMENT
A letter from MacRobert Attorneys to the Centre for Environmental Rights (CER) regarding the environmental authorisation for a 600 MW coal-fired independent power plant for KiPower (Pty) Limited in South Africa. The letter confirms the developer's intent to conduct a Climate Change Impact Assessment (CCIA) following a specific court judgement.
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Document type: Statement
APPEAL TO THE MINISTER OF ENVIRONMENTAL AFFAIRS
This document is a legal submission by groundWork, represented by the Centre for Environmental Rights, appealing to the Minister of Environmental Affairs to extend the deadline for filing an appeal against the environmental authorisation of the ACWA Power Khanyisa Thermal Power Station. The appellant argues that the authorisation is unlawful because it lacked a comprehensive climate change impact assessment, a requirement recently affirmed by the High Court in the Thabametsi judgment.
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Document type: Statement
IMPLICATIONS OF THE JUDGMENT IN EARTHLIFE AFRICA JOHANNESBURG V MINISTER OF ENVIRONMENTAL AFFAIRS AND OTHERS CASE NO 65662/16
A letter from the Centre for Environmental Rights to the South African Department of Environmental Affairs regarding the legal implications of the North Gauteng High Court judgment in Earthlife Africa Johannesburg v Minister of Environmental Affairs and Others (the Thabametsi case).
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Document type: Statement
ENVIRONMENTAL AUTHORISATION FOR THE CONSTRUCTION OF A 600 MW COAL-FIRED INDEPENDENT POWER PLANT AND ASSOCIATED INFRASTRUCTURE FOR KIPOWER (PTY) LIMITED SOUTH AFRICA
A letter from MacRobert Attorneys, acting for KiPower (Pty) Ltd and Kuyasa Mining (Pty) Ltd, responding to the Centre for Environmental Rights regarding the environmental authorisation for a proposed 600 MW coal-fired independent power plant in South Africa.
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Document type: Statement
UPDATE ON THE THABAMETSI POWER COMPANY (PTY) LIMITED AND ACWA POWER KHANYISA THERMAL POWER STATION (RF) (PTY) LIMITED INDEPENDENT POWER PRODUCER PROJECTS
The Centre for Environmental Rights (CER), representing Earthlife Africa Johannesburg and groundWork, sent a letter to the South African Department of Energy's IPP Office on 6 April 2017. The letter alerts the Department that two preferred bidders under the Coal Baseload Independent Power Producer Procurement Programme (CBIPPPP)—Thabametsi Power Company and ACWA Power Khanyisa—appear unable to meet the legal qualification criteria for financial and commercial close due to missing or contested environmental and generation licenses.
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Document type: Statement
REQUEST FOR CONFIRMATION REGARDING CLIMATE CHANGE IMPACT ASSESSMENT FOR COLENSO IPP POWER STATION
The Centre for Environmental Rights (CER) sent a letter to the Department of Environmental Affairs (DEA) and other stakeholders requesting confirmation that the proposed Colenso coal-fired power station will undergo a comprehensive climate change impact assessment. This request follows a court judgment in the case of Earthlife Africa Johannesburg v Minister of Environmental Affairs and Others (the Thabametsi judgement), which established that climate change impacts must be assessed before granting environmental authorisation for coal-fired power stations.
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Document type: Statement
NOTICE OF INTENTION TO APPEAL AGAINST THE INTEGRATED ENVIRONMENTAL AUTHORISATION ISSUED IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AND THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2010 FOR THE ESTABLISHMENT OF A 600MW COAL-FIRED POWER STATION AND ASSOCIATED INFRASTRUCTURE – IPP KHANYISA POWER STATION NEAR EMALAHLENI, MPUMULANGA PROVINCE.
A notice of intention to appeal submitted by groundWork, represented by the Centre for Environmental Rights, against the integrated Environmental Authorisation for the 600MW IPP Khanyisa coal-fired power station near Emalahleni, Mpumalanga Province.
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Document type: Statement