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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
SKM_75820080511500
This document is a decision by the Water Tribunal regarding an appeal by the Endangered Wildlife Trust, the Federation for a Sustainable Environment, and Mpumalanga Landbou/Agriculture against a Water Use License (WUL) granted to Atha-Africa Ventures (Pty) Ltd for the Yzermyn underground coal mine in Mpumalanga, South Africa. The appeal focuses on the potential environmental impacts of the mine, specifically the dewatering of mine shafts, the risk of contaminated water decanting post-closure, and the mine's location within a Strategic Water Source Area (SWSA).
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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
APPLICANTS’ HEADS OF ARGUMENT
The document contains the applicants' heads of argument in a legal matter before the High Court of South Africa, Mpumalanga Division. A coalition of seven non-profit organisations seeks the review and setting aside of a decision by the MEC for Agriculture, Rural Development, Land and Environmental Affairs to exclude four properties from the Mabola Protected Environment to facilitate the construction of an underground coal mine by Uthaka Energy (Pty) Ltd.
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Document type: Report
atha-affidavit-in-response-to-cer-a155-2019-served-2020-09-28-cd111bb9747134c6.pdf
This document is an affidavit filed by Praveer Tripathi, Senior Vice President of Atha-Africa Ventures (Pty) Ltd (now Uthaka Energy), in the High Court of South Africa. The affidavit responds to a filing by the Centre for Environmental Rights (CER), alleging that the CER and its attorney, Catherine Horsfield, have a conflict of interest because they are acting as both legal representatives for environmental groups and as activists with their own agenda to stop coal mining. Tripathi details a decade of litigation and media campaigns led by the CER to obstruct Atha-Africa's coal-mining project in the Mabola Protected Environment, arguing that these actions follow a global 'disrupt and delay' strategy used by environmental NGOs to make fossil fuel projects unviable.
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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
WRITTEN RESPONSE OF SECOND RESPONDENT TO SUBSTITUTED APPEAL SUBMISSION OF 1 DECEMBER 2017
This document is a written response from Atha-Africa Ventures (Pty) Ltd (the Second Respondent) to a substituted appeal submitted on 1 December 2017. The appeal, lodged by the Endangered Wildlife Trust, the Federation for a Sustainable Environment, and Mpumalanga Landbou/Agriculture, challenges the Director-General of the Department of Water and Sanitation's decision to grant a water use licence for the Yzermyn Project. Atha-Africa argues that the Appellants rely on outdated reports and a misunderstanding of the precautionary principle, asserting that the project's environmental impacts are localised, manageable through mitigation, and balanced by significant socio-economic benefits.
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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
EXPERT AFFIDAVIT: PROFESSOR BRETT COHEN
This expert affidavit by Professor Brett Cohen provides a critical appraisal of the climate change impact assessment (CCIA) and the need and desirability analysis for the proposed Lephalale Coal Mines Colliery project. Professor Cohen concludes that the project's climate impacts were not adequately considered in the Environmental Authorisation and that the analysis supporting the mine's necessity is based on outdated policies and lacks sufficient detail regarding alternatives.
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Document type: Statement
Air Quality, Health, and Economic Impacts of a New Coal Mine and Power Plant in Lephalale
This report by the Centre for Research on Energy and Clean Air (CREA) evaluates the air quality, health, and economic impacts of the proposed Lephalale Coal Mine (LCM) and its associated independent power plant (IPP) in South Africa. The analysis identifies significant underestimates in a previous environmental impact assessment (EIA) and projects substantial premature deaths, morbidity, and economic losses over the project's 35-year lifecycle, particularly if coal is burnt at existing power plants lacking emission controls.
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Document type: Report
eyesizwe-coal-zoekop-blyvooruitzicht-b164103aae034229.pdf
This case study examines the application processes for prospecting and mining rights for coal on the farms Zoekop, Blyvooruitzicht, and Leewbank in the Belfast district of Mpumalanga. It highlights systemic failures in public participation, discrepancies in property designation, and the disregard of environmental constraints and state department objections by the Department of Mineral Resources (DMR) and the applicants, Eyesizwe Coal (Pty) Ltd and Exarro Coal Mpumalanga (Pty) Ltd.
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Document type: Case study
FIRST RESPONDENT’S HEADS OF ARGUMENT
This document contains the First Respondent's (the Minister of Forestry, Fisheries and the Environment) heads of argument in a judicial review application brought by Earthlife Africa. The Minister argues that the application is fatally flawed because it relies on new evidence not presented during the original administrative decision-making process and seeks to treat the court as an appeal tribunal rather than a review court. The Minister contends that the environmental authorisation (EA) granted to Lephalale Coal Mines (Pty) Ltd was rational, reasonable, and compliant with the National Environmental Management Act (NEMA), specifically regarding need and desirability, climate change impacts, and public participation.
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Document type: Briefing
KMBT_754-20201120142850
The Equal Education Law Centre (EELC) submitted this supporting affidavit to the High Court of South Africa to be admitted as an amicus curiae in a case involving a water use licence for a proposed coal mine. The EELC argues that the second respondent's attempt to seek punitive costs against public interest lawyers creates a "chilling effect" that discourages the representation of marginalised actors and threatens access to justice.
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Document type: Statement
LIMPOPO COAL COMPANY – MAPUNGUBWE
This case study details the legal challenges brought by a coalition of environmental and civil society organizations against Limpopo Coal (Pty) Ltd, a subsidiary of Coal of Africa (CoAL), regarding the establishment of the Vele colliery in Musina, Limpopo Province. The challenges span four distinct legal processes involving mining rights, environmental management programmes (EMP), water use licences (WUL), and compliance with nature reserve protections.
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Document type: Case study