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OBJECTIONS TO THE DRAFT ENVIRONMETAL IMPACT ASSESSMENT REPORT OF THE PROPOSED MUSINA-MAKHADO SPECIAL ECONOMIC ZONE, LOCATED WITHIN THE VHEMBE DISTRICT MUNICIPALITY OF THE LIMPOPO PROVINCE
The Centre for Environmental Rights (CER), representing groundWork, Earthlife Africa (ELA), and MEJCON-SA, submitted formal objections on 22 October 2020 to the Draft Environmental Impact Assessment Report (DEIR) for the proposed Musina-Makhado Special Economic Zone (MMSEZ), also known as the Energy Metallurgical Special Economic Zone (EMSEZ). The CER argues that the project's negative environmental and social impacts far outweigh its potential benefits and that the environmental authorisation (EA) should be refused due to severe flaws in the assessment process, conflict of interest in the decision-making authority, and significant threats to climate, water, and health.
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Document type: Statement
COMMENTS ON THE REVISED ATMOSPHERIC IMPACT REPORT AND ATMOSPHERIC EMISSION LICENCE APPLICATION FOR THE PROPOSED IPP THABAMETSI COAL-FIRED POWER STATION
The Centre for Environmental Rights (CER), on behalf of Earthlife Africa and groundWork, submitted comments on September 20, 2018, objecting to the Atmospheric Emission Licence (AEL) application for the proposed Thabametsi coal-fired power station. The CER argues that the project should be refused because it is located in an air quality priority area already in non-compliance with National Ambient Air Quality Standards (NAAQS) and is predicted to cause further non-compliance, specifically regarding sulphur dioxide (SO2). The CER claims the Atmospheric Impact Report (AIR) is fatally flawed due to gross miscalculations of emissions, missing modelling data, and a failure to adequately assess cumulative and health impacts.
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Document type: Statement
URGENT REQUEST FOR ACCESS TO INFORMATION AND REASONS REGARDING THE WATER USE LICENCE FOR THE PROPOSED KHANYISA INDEPENDENT POWER PRODUCER (IPP) COAL-FIRED POWER STATION (LICENCE NO 06/B11F/CGIHE/6684)
The Centre for Environmental Rights (CER), acting on behalf of groundWork (gW), has issued an urgent request to the South African Department of Water and Sanitation for information and reasons regarding a water use licence (WUL) issued for the proposed 600 MW Khanyisa Independent Power Producer (IPP) coal-fired power station.
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Document type: Statement
DECISION IN RELATION TO THE PROPOSED THABAMETSI IPP COAL-FIRED POWER STATION ENVIRONMENTAL AUTHORISATION
The Centre for Environmental Rights (CER), representing Earthlife Africa and groundWork, notified the IPP Office of its intention to review and set aside the Minister of Environmental Affairs' January 30, 2018, decision to uphold the environmental authorisation for the Thabametsi coal-fired power station.
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Document type: Statement
NOTICE OF PROVISIONAL APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT MUNICIPAL SYSTEMS ACT 32 of 2000 (“THE ACT”) IN RESPECT OF THE TRANSFER OF PROVISIONAL ATMOSPHERIC EMISSION LICENCE (LICENCE NO. 17/4/AEL/MP312/14/20) FROM ANGLO OPERATIONS (PTY) (LTD) TO ACWA POWER KHANYISA THERMAL POWER STATION RF (PTY) LTD FOR THE PROPOSED INDEPENDENT POWER PRODUCER KHANYISA POWER STATION (PROJECT NO. 111415) NEAR EMALAHLENI, MPUMULANGA PROVINCE
The Centre for Environmental Rights, acting on behalf of groundWork, has filed a provisional appeal under Section 62 of the Local Government Municipal Systems Act 32 of 2000 regarding the transfer of a provisional atmospheric emission licence (PAEL) for the proposed Khanyisa coal-fired power station.
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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
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
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
DECISION ON THE APPEAL OF THE AMENDED ENVIRONMENTAL AUTHORISATION GRANTED TO NEWSHELF 1282 (PTY) LTD FOR THE PROPOSED THABAMETSI POWER STATION
A letter from the Centre for Environmental Rights (CER), acting for Earthlife Africa Johannesburg, to Gunn Attorneys regarding the appeal decision for the Thabametsi power station. The CER seeks clarification on the implementation of new conditions for climate change and paleontological assessments and disputes the lawfulness of the decision.
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Document type: Statement
APPEAL IN TERMS OF SECTION 43 NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AND THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT: NATIONAL APPEAL REGULATIONS, 2014 AGAINST THE INTEGRATED ENVIRONMENTAL AUTHORISATION ISSUED TO COLENSO POWER (PTY) LTD FOR THE ESTABLISHMENT OF THE 1050MW COLENSO COAL-FIRED POWER STATION AND ASSOCIATED INFRASTRUCTURE NEAR COLENSO, KWAZULU-NATAL PROVINCE
The Centre for Environmental Rights, acting on behalf of groundwork and the South Durban Community Environmental Alliance, submitted a formal appeal on 1 March 2016 to the Minister of Environmental Affairs. The appeal challenges the integrated environmental authorisation issued on 5 February 2016 for the construction of the 1050MW Colenso coal-fired power station and its associated infrastructure in KwaZulu-Natal.
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Document type: Statement
APPEAL IN TERMS OF SECTION 43 NATIONAL ENVIRONEMNTAL MANAGEMENT ACT, 1998 AGAINST THE INTEGRATED ENVIRONMENTAL AUTHORISATION ISSUED TO NEWSHELF 1282 (PTY) LTD FOR THE ESTABLISHMENT OF A 1200MW COAL-FIRED POWER STATION AND ASSOCIATED INFRASTRUCTURE – IPP THABAMETSI POWER STATION NEAR LEPHALALE, LIMPOPO PROVINCE
This document is a formal letter from the Centre for Environmental Rights, acting on behalf of Earthlife Africa, Johannesburg, submitting an appeal to the Minister of Environmental Affairs against the integrated environmental authorisation granted to Newshelf 1282 (Pty) Ltd for the construction of the 1200MW coal-fired Thabametsi Power Station near Lephalale, Limpopo Province.
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Document type: Statement
KM_C554e-20180131112205
The Minister of Environmental Affairs of South Africa issued a decision on 30 January 2018 to confirm the Environmental Authorisation (EA) for the construction of the 1200MW Thabametsi coal-fired power station. This decision followed a North Gauteng High Court order remitting the matter for reconsideration specifically regarding climate change and paleontological impact assessments.
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Document type: Statement
annexure-e-groundwork-authorisation-bad16d432cba2c85.pdf
A letter dated 6 September 2017 from Sven Eaton Patrick Peck, Director of groundWork, appointing the Centre for Environmental Rights (CER) as attorneys of record to represent groundWork in an appeal to the Water Tribunal regarding a water use licence for the proposed KiPower 600MW coal-fired power station.
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Document type: Statement
KM_C654e-20170203144023
The South African Department of Environmental Affairs issued an amendment to the Environmental Authorisation (EA) dated 31 October 2013 for the construction of the 450 MW Khanyisa coal-fired power station in Emalahleni, Mpumalanga. The amendment updates the project applicant and the specific farm portions designated for the project site and ash disposal site.
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Document type: Statement
KM_C554e-20161108172117
The Minister of Environmental Affairs of South Africa has decided to set aside an Environmental Authorisation (EA) previously granted for the construction of the 1050MW Colenso coal-fired power station and associated infrastructure in the KwaZulu-Natal Province. The decision refers the matter back to the Department for reconsideration due to specific inaccuracies and deficiencies in the EA, including premature conditions and missing technical documentation.
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Document type: Statement
KM_C554e-20160420130550
A letter from the South African Department of Environmental Affairs to the Centre for Environmental Rights regarding the Minister's decision on an appeal against the environmental authorisation for a 1200MW coal-fired power station proposed by Newshelf 1282 (Pty) Ltd.
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Document type: Statement
ipp-thabametsi-ea-am1-d327ee161fc161d6.pdf
A statement from the South African Department of Environmental Affairs amending the Environmental Authorisation (EA) issued on 25 February 2015 for the IPP Thabametsi Power Station, a 1200MW coal-fired power station near Lephalale, Limpopo Province.
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Document type: Statement
response-to-cer-letter-15-sep-17-111017-370dbb5fc85ad0a3.pdf
This document consists of correspondence from the Independent Power Producer (IPP) Office to the Centre for Environmental Rights regarding the Coal Baseload IPP Procurement Programme, specifically addressing preferred bidders for the Thabametsi, Khanyisa, and KiPower coal-fired power stations.
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Document type: Statement
scanned-from-a-xerox-multifunction-printer-278dd015871594fa.pdf
This document is a legal response submitted by ACWA Power Khanyisa Thermal Power Station (RF) (Pty) Ltd (ACWA) to the Minister of Environmental Affairs. ACWA objects to a condonation application by the NGO Groundwork, which seeks to appeal the integrated environmental authorisation for the Khanyisa Thermal Power Station. ACWA argues that Groundwork's notice of intention to appeal was filed excessively late and that the legal justifications provided—specifically the reliance on the Thabametsi judgment regarding climate change assessments—are legally unsound.
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Document type: Report