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150424-aav-letter-to-dmr-c2c6afdad23d2855.pdf
A letter from Atha-Africa Ventures (Pty) Ltd (AAV) to the Department of Mineral Resources (DMR) requesting that a notice of appeal by the Centre for Environmental Rights (CER) be dismissed. AAV argues that the original mining right granting letter, which the CER appealed, was superseded and rendered null and void by a second granting letter issued by the Minister of Mineral Resources.
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Document type: Statement
SKM_28720061815070
This document consists of the heads of argument filed on 17 June 2020 by four applicants (including the Mpukunyoni Traditional Council and labor unions) seeking admission as amicus curiae in an appeal before the Supreme Court of Appeal of South Africa. The applicants argue against a proposed interim interdict that would stop the mining operations of Tendele Coal Mining (Pty) Ltd, asserting that such a closure would cause disastrous socio-economic harm to the local community and the South African ferrochrome industry.
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Document type: Briefing
2-cc55912e4e35173b.pdf
This legal document, submitted by the Centre for Environmental Rights (CER) on behalf of a Coalition, challenges the rezoning of the Yzermyn 96 HT farm from agricultural to mining purposes. The document details the environmental sensitivity of the Wakkerstroom area, the potential for irreparable harm to water resources and biodiversity, and the limited socio-economic benefits of the proposed Atha coal mine compared to the risks to local subsistence farmers and the eco-tourism economy.
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Document type: Report
3.2-annexures-a7cd5f38edf0c1c1.pdf
This document consists of a series of legal statements, permissions, and correspondence regarding the Yzermyn underground coal mine project in Mpumalanga, South Africa. It includes a formal permission from the Ministers of Environmental Affairs and Mineral Resources for Atha-Africa Ventures (Pty) Ltd to mine within the Mabola Protected Environment, a land use approval from the Dr Pixley ka Isaka Seme Local Municipality, and a detailed statement of grounds for appeal filed by a coalition of environmental organisations. The appeal argues that the project is 'fatally flawed' due to its potential for irreversible damage to critical biodiversity, wetlands, and water resources, and claims that the socio-economic benefits to local communities were overestimated.
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Document type: Statement
KM_C654e-20190503151758
The document is a Pollution Prevention Plan (PPP) for Anglo American Coal South Africa (AACSA) covering the period from 2016 to 2020. It outlines the company's energy and carbon emission management plan (ECO2MAN), detailing emission sources, calculation methodologies, and planned mitigation measures for its South African coal operations.
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Document type: Report
anglo-ghg-report-ea3842a6ba3ee0e7.pdf
This document consists of greenhouse gas (GHG) reporting notes and data tables submitted in March 2019 for Anglo American operations in South Africa. It details the calculation methodologies for fugitive methane and carbon dioxide emissions from coal mining for Anglo Operations (Pty) Ltd and provides emission data for Anglo American Platinum and Anglo American Inyosi Coal for the year 2018.
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Document type: Report
annexure-7-19127bdadb17e0da.pdf
The Department of Water Affairs (DWA) expresses strong opposition to the proposed Yzermyn Underground coal mine in the Mpumalanga Region, citing critical risks to wetlands, water quality, and protected environments. The DWA identifies the project's location within a National Freshwater Ecosystem Priority Area as a "fatal flaw" and notes that the mine could cause significant groundwater contamination and the drying up of wetlands.
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Document type: Briefing
annexure-9-4aea90f86e7d7da0.pdf
The Mpumalanga Tourism and Parks Agency (MTPA) submitted a formal objection to the proposed Yzermyn underground coal mine project by Atha-Africa Ventures (Pty) Ltd, arguing that the project is illegal and environmentally devastating due to its location within protected biodiversity areas.
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Document type: Statement
annexures-p-1-d76ca185c8808798.pdf
This document consists of a collection of annexures related to environmental authorizations and water use licenses for the Yzermyn Underground Coal Mine, operated by Atha-Africa Ventures (Pty) Ltd in South Africa. It includes correspondence regarding environmental impact assessments and a detailed Water Use License (WUL) specifying permitted water activities, monitoring requirements, and environmental constraints.
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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
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
atha-africa-replying-submission-in-terms-of-regulation-747-of-the-mprda-regulations-8-august-2019-70752ba425e764ac.pdf
This document is a replying submission by Atha-Africa Ventures (Pty) Ltd to the Director-General of the Department of Mineral Resources. It responds to an administrative appeal lodged by a coalition of environmental organisations against the approval of the Environmental Management Programme (EMP) for the Yzermyn Underground Coal Mine Project.
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Document type: Statement
MR BIRDLIFE SOUTH AFRICA’S RESPONSE TO WILLIAM PATRICK BOWER PTY LTD’S REPLYING SUBMISSION
This responding statement, submitted by the Centre for Environmental Rights on behalf of BirdLife South Africa, argues that a mining right granted to William Patrick Bower Pty Ltd (WPB) should be set aside. The document contends that WPB's replying submission was filed late and introduced new, unauthorized mine layout plans and hydrogeochemical data that were not available to the decision-maker at the time of the grant. BirdLife South Africa further asserts that the mining area contains endangered ecosystems and irreplaceable biodiversity, contradicting claims made by WPB.
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Document type: Statement
dea_environmental_nema_authorisation_-_5_july_2011-07b9f6a55944bcad.pdf
The Department of Environmental Affairs (DEA) of South Africa granted environmental authorisation to Limpopo Coal Company (Pty) Ltd (LCC), a subsidiary of Coal of Africa Limited, for the Vele Colliery project. This authorisation, issued under section 24G of the National Environmental Management Act (NEMA), rectifies the unlawful commencement of several listed activities, including road construction, vegetation clearance, and the building of a slurry dam. The project is a phased coal mine with an estimated 29-year lifespan, consisting of open cast and underground operations.
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Document type: Report
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
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
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
part-2-of-atha-africa-replying-submission-in-terms-of-regulation-747-of-the-mprda-regulations-8-august-2019-4e2322ae8658724c.pdf
This document is a replying submission by Atha-Africa, submitted on 12 April 2019, responding to an administrative appeal against the approval of the Environmental Management Programme (EMP) for the Yzermyn Project. The submission disputes the findings of a September 2013 NSS Report and a subsequent 'Brownlie Review,' arguing that updated specialist studies by Delta-H and Scientific Aquatic Services demonstrate that the project's environmental impacts—specifically regarding wetlands, groundwater, and biodiversity—are localized and can be effectively mitigated.
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Document type: Report
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
pml3-5528e044b82f4c9a.pdf
BirdLife South Africa submitted a formal objection on 5 April 2013 to the draft scoping report for the proposed Yzermyn Underground Coal Mine, operated by Atha Africa Ventures (Pty) Ltd. The organization argues that the mine's location in the Grassland Important Bird Area (IBA) and its proximity to protected environments and endangered ecosystems make the application unsustainable and legally flawed.
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Document type: Statement