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SUPPLEMENTAL EXPERT REPORT OF DR. RANAJIT (RON) SAHU EVALUATING THE UPDATED AIR QUALITY IMPACT ASSESSMENT FOR THE PROPOSED LEPHALALE COAL MINE
This document consists of two distinct parts: a supplemental expert report by Dr. Ranajit (Ron) Sahu evaluating the air quality impact assessment (AQIA) for the proposed Lephalale Coal Mine, and a comprehensive Spatial Development Framework (SDF) for the Lephalale Local Municipality. Dr. Sahu concludes that the mine will cause substantial adverse particulate matter (PM) impacts, exceeding national standards even with mitigation. The SDF section provides a long-term spatial plan for the municipality, focusing on the 'energy hub' of Africa, rural development, and the management of urban sprawl and environmental protection.
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Document type: Report
APPELLANTS’ SUBMISSIONS IN TERMS OF SECTION 165 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT (SPLUM) BY-LAW FOR THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY
This document contains legal submissions by a coalition of eight environmental organisations, represented by the Centre for Environmental Rights, appealing a decision by the Gert Sibande District Joint Municipal Planning Tribunal. The appeal seeks to revoke the approval of a land-use change application by Atha-Africa Ventures (Pty) Ltd to enable the construction of the Yzermyn Underground Coal Mine on Portion 1 of the farm Yzermyn 96 HT, arguing that the decision is unlawful, environmentally catastrophic, and contrary to national water security interests.
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Document type: Report
Navigating coal mining closure and societal change
This research paper by the Stockholm Environment Institute examines the economic, social, and political consequences of coal mine closures at national and subnational levels, utilizing a systematic map of published literature on declining extractive-based economies to derive lessons for current coal-producing areas.
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Document type: Research paper
Distressed Mining Community of Ogies v Glencore Operations South Africa (Pty) Ltd and Others (8 July 2019)
This case study details a 2019 South Gauteng High Court judgment in which an application by the Distressed Mining Community of Ogies to stop Glencore Operations South Africa (Pty) Ltd from creating a nuisance through coal mine blasting was dismissed.
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Document type: Case study
Gloucester Resources Limited v Minister of Planning
The New South Wales Court of Appeal upheld the Minister of Planning's decision to refuse the Rocky Hill Coal Project proposed by Gloucester Resources Limited, citing significant negative impacts on land use, society, and the climate.
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Document type: Case study
PETITION TO BE GRANTED INTERVENER STATUS IN RE: APPEAL BY THE PRACTICE GROUP (PTY) LTD (ON BEHALF OF ATHA VENTURES AFRICA (PTY) LTD) AGAINST THE DECISION OF THE JOINT MUNICIPAL PLANNING TRIBUNAL SITTING IN THE APPLICATION FOR CHANGE IN LAND-USE (IN TERMS OF REGULATION 18 OF THE SPLUM REGULATIONS) IN RESPECT OF PORTION 1 OF YZERMYN 96 HT, IN THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY AND THE GERT SIBANDE DISTRICT MUNICIPALITY, MPUMALANGA
A petition submitted by eight civil society organisations, represented by the Centre for Environmental Rights (CER), seeking intervener status in an appeal by the Practice Group (Pty) Ltd on behalf of Atha-Africa Ventures (Pty) Ltd. The appeal concerns a land-use change application for Portion 1 of Yzermyn 96 HT in the Dr Pixley Ka Isaka Seme Local Municipality, Mpumalanga, to transition the land from agriculture to mining.
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Document type: Statement
OBJECTION BY COALITION OF EIGHT CIVIL SOCIETY ORGANISATIONS AGAINST EXCLUSION OF PROPERTIES FROM THE EXISTING MABOLA PROTECTED ENVIRONMENT
A formal objection submitted by a coalition of eight civil society organisations, represented by the Centre for Environmental Rights, against the Mpumalanga MEC's proposal to exclude specific properties from the Mabola Protected Environment (MPE) to facilitate coal mining.
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Document type: Statement
OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPACIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016
This document is a formal objection submitted by the Centre for Environmental Rights on behalf of a coalition of eight civil society and community non-profit organisations. The objection opposes an application by Atha-Africa Ventures (Pty) Ltd to change the land use of Portion 1 of the Farm Yzermyn 96 in Mpumalanga from agricultural to mining purposes to facilitate the construction of the proposed Yzermyn Underground Coal Mine.
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Document type: Statement
OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPACIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016
This document is a formal objection submitted by the Centre for Environmental Rights on behalf of a coalition of eight civil society and community non-profit organisations. The objection opposes an application by Atha-Africa Ventures (Pty) Ltd to change the land use of Portion 1 of the Farm Yzermyn 96 in Mpumalanga from agricultural to mining purposes to facilitate the construction of the Yzermyn Underground Coal Mine. The objectors argue that the project would cause irreparable harm to a strategic water source area, threaten biodiversity in the Mabola Protected Environment, and negatively impact vulnerable local communities, while failing to comply with municipal spatial development frameworks and national interest requirements under the Spatial Planning and Land Use Management Act (SPLUMA).
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Document type: Statement
APPEAL IN TERMS OF SECTION 148 OF THE NATIONAL WATER ACT, 1998, READ WITH THE WATER TRIBUNAL RULES, BY ENDANGERED WILDLIFE TRUST AND OTHERS AGAINST THE DECISION TO ISSUE A WATER-USE LICENCE TO ATHA-AFRICA VENTURES (PTY) LTD IN RESPECT OF ITS PROPOSED YZERMYN UNDERGROUND COAL MINE
This document is a cover letter from the Centre for Environmental Rights (CER) to the Water Tribunal, submitting a supplemented appeal on behalf of the Endangered Wildlife Trust and others. The appeal contests the decision to grant a water-use licence to Atha-Africa Ventures (Pty) Ltd for the proposed Yzermyn underground coal mine.
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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
APPEAL IN TERMS OF SECTION 148(1) OF THE NATIONAL WATER ACT, 1998 IN RESPECT OF THE WATER-USE LICENCE ISSUED TO ATHA-AFRICA VENTURES (PTY) LTD FOR ITS PROPOSED YZERMYN UNDERGROUND COAL MINE
The Centre for Environmental Rights (CER), representing the Endangered Wildlife Trust (EWT) and the Federation for a Sustainable Environment (FSE), submitted representations to the Minister of Water and Sanitation on 2 March 2017. The document argues against a petition by Atha-Africa Ventures (Pty) Ltd to uplift the suspension of a water-use licence (WUL) for the proposed Yzermyn underground coal mine, asserting that the suspension should remain until the Water Tribunal resolves the pending appeal.
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Document type: Statement
APPLICATION FOR AMENDMENT OF THE RELEVANT TOWN-PLANNING SCHEME AND IN TERMS OF SECTION 66 OF AN APPLICABLE PIXLEY KA SEME MUNICIPAL PLANNING LAND USE BY-LAW AND IN TERMS OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT 16 OF 2013 (SPLUMA) FOR THE REZONING OF PORTION 1 OF THE FARM YZERMYN 96 HT
The Centre for Environmental Rights (CER), representing several environmental and community organizations, submitted a formal objection to a rezoning application for Portion 1 of the farm Yzermyn 96 HT. The CER argues that the public notice for the rezoning was legally deficient and that the Dr Pixley Ka Isaka Seme Local Municipality failed to provide access to the application documents, hindering the clients' ability to submit detailed objections.
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Document type: Statement
Request to DEA for correspondence between the Atha-Africa Ventures (Pty) Ltd relating to the planned Yzermyn in the Mabola Protected Environment
The Centre for Environmental Rights (CER) submitted a request to the Department of Environmental Affairs (DEA) on 7 December 2016 for records concerning the proposed Yzermyn underground coal mine in the Mabola Protected Environment.
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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
INTERNAL APPEAL TO THE DIRECTOR GENERAL OF THE DEPARTMENT OF MINERAL RESOURCES
The Federation for a Sustainable Environment (FSE), represented by the Centre for Environmental Rights (CER), filed an internal appeal to the Director General of the Department of Mineral Resources (DMR) on July 21, 2015. The appeal challenges the DMR's partial refusal to grant access to records regarding the Yzermyn underground coal mine project in Mpumalanga, which the FSE requested under the Promotion of Access to Information Act 2 of 2000 (PAIA).
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Document type: Statement
NOTICE OF APPEAL IN TERMS OF SECTION 96(1) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002
This document is a formal notice of appeal filed on 30 March 2015 by eight environmental organisations, represented by the Centre for Environmental Rights, against the granting of mining right MP30/5/1/2/2/1/0069MR to Atha-Africa Ventures (Pty) Ltd (AAV). The appeal seeks to set aside the right and suspend its operation, arguing that the proposed Yzermyn underground coal mine is located in the Mabola Protected Environment and the Wakkerstroom Wetlands Area, regions of irreplaceable biodiversity and critical hydrological importance.
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Document type: Statement
1.2-annexures-2-78fa702fbab040ea.pdf
This document consists of a series of legal submissions, correspondence, and technical reports related to an appeal against the granting of a mining right to William Patrick Bower (Pty) Ltd (WPB) for a coal mine near Belfast, Mpumalanga. The materials include a hydrogeochemical study on acid mine drainage (AMD) and decant management, a responding statement from BirdLife South Africa (represented by the Centre for Environmental Rights), and an internal appeal from the Escarpment Environment Protection Group (EEPOG). The central disputes concern procedural unfairness in the consultation process, the inadequacy of environmental impact assessments—specifically regarding biodiversity and water quality—and the lack of a sustainable mine closure plan.
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Document type: Report
11-4d604f093b78e1d1.pdf
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 resulting license (IWUL) issued to Atha-Africa Ventures (Pty) Ltd for the proposed Yzermyn underground coal mine in Mpumalanga. GCS concludes that the specialist studies supporting the license are fundamentally flawed, containing significant data gaps and low-confidence modeling. The review highlights a high risk of irreversible damage to sensitive wetlands and groundwater resources, noting that the IWUL lacks sufficient conditions to mitigate these impacts and fails to authorize critical post-closure water treatment needs.
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Document type: Report