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2014 Message from JA! / Friends of the Earth Mozambique
A 2014 statement from JA! / Friends of the Earth Mozambique detailing the deterioration of civil society space, human rights violations, and government repression in Mozambique during 2013.
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Document type: Statement
ESCARPMENT ENVIRONMENTAL PROTECTION GROUP & LANGKLOOF ENVIRONMENTAL COMMITTEE v DEPARTMENT OF WATER AFFAIRS & WER MINING (PTY) LTD, 2011 (UNREPORTED, WT 25/11/2009)
This case study details a legal challenge by the Escarpment Environmental Protection Group (EEPOG) and the Langkloof Environmental Committee against the Department of Water and Environmental Affairs and WERM Mining (Pty) Ltd. The appellants sought to set aside a water use licence issued for the Langkloof Colliery in Mpumalanga, arguing that the licence was granted without inviting comments from interested parties as required by the National Water Act 36 of 1998. The Water Tribunal dismissed the appeal, ruling that the appellants lacked locus standi (legal standing) because they did not fall within the specific class of persons entitled to appeal under section 148(1) of the National Water Act.
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Document type: Case study
Lessons learned from the restructuring of Poland's coal-mining industry
This report examines the restructuring of the coal-mining industry in Poland following the transition from a centrally planned to a market economy starting in 1989.
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Document type: Report
SKM_28720070115330
This briefing consists of the Practice Note and Heads of Argument filed by the Centre for Environmental Rights (CER) as an amicus curiae in the Supreme Court of Appeal case Global Environmental Trust & 2 Others vs Tendele Coal Mining (Pty) Ltd & 8 Others. The CER argues that mining operations require both a mining right under the Mineral and Petroleum Resources Development Act (MPRDA) and a separate environmental authorisation under the National Environmental Management Act (NEMA), challenging a lower court's ruling that an approved Environmental Management Plan (EMP) under the MPRDA suffices as environmental authorisation.
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Document type: Briefing
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
12-f99d03b7f1e2742e.pdf
This report by the Centre for Environmental Rights reviews the Integrated Water Use License Application (IWULA) and the resulting Integrated Water Use License (IWUL) for the proposed Yzermyn Underground Coal Mine. It identifies significant gaps in specialist studies regarding groundwater, hydrology, and wetlands, arguing that the IWUL was issued without sufficient information to mitigate environmental impacts. The document also includes a Socio-economic Impact Assessment and a Social and Labour Plan (SLP) detailing employment targets, skills development, and community impacts.
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Document type: Report
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
20170921111638401-7b2f1113e0d7a09c.pdf
This document is a legal affidavit filed by the Centre for Environmental Rights (CER) challenging decisions made by the South African Ministers of Environment and Mineral Resources to permit coal mining by Atha in the Mpumalanga Protected Environment (MPE). The CER argues that these decisions were procedurally unfair, based on outdated environmental reports, and ignored critical statutory duties regarding local community interests, international environmental obligations, and the precautionary principle.
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Document type: Report
3-a9158291516a512d.pdf
This document is a legal affidavit and supporting evidence filed by the Centre for Environmental Rights (CER) on behalf of a coalition of environmental organisations. It seeks the review and setting aside of decisions made by a Municipal Planning Tribunal and a Municipal Appeal Authority regarding a land-use change application by Atha-Africa Ventures (Pty) Ltd for the proposed Yzermyn underground coal mine. The applicants argue that the decisions were irrational, procedurally unfair, and failed to consider the strategic environmental and hydrological significance of the area, specifically its location within a Strategic Water Source Area (SWSA) and the Mabola Protected Environment.
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Document type: Report
3.1-annexures-74b6298971c4cb01.pdf
The provided document consists of a Mining Right granted to Atha Africa Ventures (Pty) Ltd by the South African Department of Mineral Resources, an Environmental Authorisation from the Mpumalanga Department of Agriculture, Rural Development, Land and Environmental Affairs, and a Water Use Licence from the Department of Water and Sanitation. These documents collectively authorise the development and operation of the Yzermyn Underground Coal Mine in the Mpumalanga Province, detailing the legal obligations, environmental mitigation requirements, and water management constraints imposed on the holder.
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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
8-0e1aeb0cd51fd598.pdf
The document contains a strategic plan for expanding protected areas in Mpumalanga province from 2009 to 2028, alongside legal correspondence and objections regarding a proposed coal mine by Atha-Africa Ventures (Pty) Ltd on Portion 1 of the farm Yzermyn 96 HT. The strategy prioritizes the Grassland Biome for conservation, while the legal disputes center on the environmental risks to the Mabola Protected Environment and the alleged failure of the mining application to follow the Spatial Planning and Land Use Management Act (SPLUMA).
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Document type: Report
RESPONDING STATEMENT SUBMITTED BY ATHA AFRICA VENTURES (PTY) LTD. (THE APPLICANT / RESPONDENT) IN THE MATTER OF AN APPEAL SUBMITTED BY EARTHLIFE AFRICA JOHANNESBURG FIRST APPELLANT BIRDLIFE SOUTH AFRICA SECOND APPELLANT MINING AND ENVIRONMENTAL JUSTICE NETWORK OF SOUTH AFRICA THIRD APPELLANT ENDANGERED WILDLIFE TRUST FOURTH APPELLANT FEDERATION FOR A SUSTAINABLE ENVIRONMENT FIFTH APPELLANT GROUNDWORK SIXTH SIXTH APPELLANT ASSOCIATION FOR WATER AND RURAL DEVELOPMENT SEVENTH APPELLANT BENCH MARKS FOUNDATION EIGHTH APPELLANT
This document is a responding statement submitted by Atha Africa Ventures (Pty) Ltd. (AAV) to the Mpumalanga Department of Agriculture, Rural Development, Land and Environmental Affairs. It responds to an appeal filed by eight environmental and social organizations against the granting of an Environmental Authorization for the proposed Yzermyn Underground Coal Mine (YUCM) in the Magisterial District of Wakkerstroom, Mpumalanga Province.
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Document type: Statement
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
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