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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
BRIGHT COAL-COMMISIEKRAAL
This case study examines the granting and renewal of a coal prospecting right on the Farm Commissiekraal in KwaZulu-Natal, focusing on the ecological sensitivity of the Pongola river headwaters and the failure to consult downstream water users.
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Document type: Case study
camden-ael_april-2015-f45e0519cc504d2d.pdf
This document is an Atmospheric Emission Licence (AEL) issued on 31 March 2015 by the Gert Sibande District Municipality to Eskom Holdings SOC Limited for the Camden Power Station. The licence, issued under the National Environmental Management: Air Quality Act, 2004, regulates emissions from solid fuel combustion, petroleum storage, and coal handling, establishing specific operational requirements, emission limits, and monitoring obligations for a period not exceeding five years.
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Document type: Statement
camden-annual-emissions-report-2015-2016_dea-094ef021cec88312.pdf
This annual emissions report for the Camden Power Station, submitted by Eskom to the Department of Environmental Affairs, details pollutant and greenhouse gas emissions for the 2015/2016 financial year (1 April 2015 to 31 March 2016).
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Document type: Report
camden-annual-emissions-report-2015-2016_gsdm-b5e9fb4e672eeed0.pdf
This document is an annual emissions report for the Camden Power Station for the 2015/2016 financial year (1 April 2015 to 31 March 2016), submitted by Eskom to the Gert Sibande District Municipality. It details the verified emissions of particulates, sulfur dioxide, nitrogen oxides, and greenhouse gases, while outlining ongoing infrastructure upgrades to reduce emissions.
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Document type: Report
KM_C554e-20150213203305
A letter from the South African Department of Environmental Affairs to Eskom regarding the application for postponement of compliance time-frames with the National Environmental Management: Air Quality Act 39 of 2004 minimum emission standards for the Camden Power Station.
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Document type: Statement
WHY THERE IS NO SUCH THING AS CLEAN COAL
This document is an executive summary of a report by Dr. Ranajit Sahu, which argues that the concept of "clean coal" is a myth. It specifically analyzes the 2019 Integrated Resource Plan for Electricity (IRP) proposal to add 1500 MW of new coal power generation in South Africa, concluding that such projects will cause significant air pollution and greenhouse gas emissions regardless of the technology used.
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Document type: Executive summary
Community Casebook on Mining and Environment
The Community Casebook on Mining and Environment is a guide published by the Centre for Environmental Rights to empower South African communities facing mining or prospecting applications. It explains the legal framework of the Mineral and Petroleum Resources Development Act (MPRDA), the duties of the Department of Mineral Resources (DMR), and provides four case studies where communities used legal mechanisms—including judicial reviews and appeals—to challenge mining rights or demand financial transparency from traditional authorities.
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Document type: Guide
KM_C554e-20160408095648
A clarification letter from the National Air Quality Officer (NAQO) of the South African Department of Environmental Affairs to the Centre for Environmental Rights regarding the postponement of compliance time-frames for minimum air quality emission standards (MES) for Eskom power stations.
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Document type: Statement
cer-coct-amicus-intervention-aba19a49d5e48f53.pdf
This document is a legal application by the Centre for Environmental Rights (CER) to be admitted as amicus curiae in a High Court case between the City of Cape Town, the National Energy Regulator of South Africa (NERSA), and the Minister of Energy. The CER seeks to provide expert legal and technical submissions on the Constitutional obligations of the state and local government to protect the environment and promote a transition from coal-fired power to renewable energy. The application includes supporting affidavits and several annexed reports detailing the health, environmental, and economic impacts of coal-fired electricity generation in South Africa, as well as the feasibility of a low-carbon energy transition.
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Document type: Statement
00206B3D20B8201026111202
This document is a decision by the Director of Appeals and Legal Review within the South African Department of Environment, Forestry and Fisheries regarding a request for condonation for the late filing of an appeal. The appeal concerns a decision to grant ArcelorMittal South Africa a suspension from complying with Minimum Emission Standards (MES) at its facility in Vanderbijlpark.
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Document type: Statement
WHAT YOU NEED TO KNOW ABOUT FINANCIAL PROVISION REGULATIONS FOR MINING, OIL AND GAS IN SOUTH AFRICA
This guide from the Centre for Environmental Rights explains the concept and purpose of financial provision regulations for mining, oil, and gas in South Africa, emphasizing the 'polluter must pay' principle to prevent mine abandonment and ensure environmental rehabilitation.
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Document type: Guide
cer-letter-to-australian-high-commissioner-mrc-resources-4-april-2016-edd6dd9cd06b5b78.pdf
The Centre for Environmental Rights (CER) wrote a letter to the Australian High Commissioner to South Africa on 4 April 2016, requesting clarification regarding a $15,431.00 grant provided to 'MRC Resources' via the Australian Direct Aid Program between 2003/4 and 2013/14 for the 'upgrade of existing fresh water borehole'. The CER questions why a profit-making Australian company, Mineral Commodities Limited (MRC), or its subsidiaries would receive funding intended for poverty reduction and sustainable development, particularly given the social unrest and violence associated with MRC's mineral sands projects in South Africa.
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Document type: Statement
cer-letter-to-ipp-unit-18-10-16-8b1d0f21e027627a.pdf
The Centre for Environmental Rights (CER), acting for Earthlife Africa Johannesburg (ELA), wrote to the Department of Energy on 18 October 2016 to question the appointment of Thabametsi Power Company (Pty) Limited as a preferred bidder for a coal-fired power station. The CER highlights a pending High Court review application regarding the project's environmental authorisation, specifically the failure to conduct a climate change impact assessment, and requests clarity on whether Thabametsi disclosed this legal challenge to the Department as required by the procurement criteria.
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Document type: Statement
cer-letter-to-minister-shabangu-re-mprda-and-s49-21-sept-2011-85e37a2d219a6aa0.pdf
A letter from the Centre for Environmental Rights (CER) to South Africa's Minister of Mineral Resources, Susan Shabangu, dated 21 September 2011, urging the adoption of NEMA standards for mining environmental regulation and the use of Section 49 of the MPRDA to protect biodiversity and hydrological areas.
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Document type: Statement
Mining and your Community: Know your Environmental Rights
This guide, produced by the Centre for Environmental Rights and Lawyers for Human Rights, provides information for communities and individuals in South Africa on their environmental and legal rights when facing proposed mining activities. It details the mandatory government permissions, consultation processes, and legal avenues available to affected parties to protect their land, water, and health.
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Document type: Guide
PUBLIC HEARINGS OF THE PORTFOLIO COMMITTEE ON ENVIRONMENTAL AFFAIRS ON THE CLIMATE CHANGE DISCUSSION DOCUMENT, OUTLINING SOUTH AFRICA’S POSITION TOWARDS THE 21ST SESSION OF THE CONFERENCE OF THE PARTIES (COP21) TO THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE (UNFCCC) IN PARIS, FRANCE, IN DECEMBER 2015.
The Centre for Environmental Rights (CER) submitted a statement to the Portfolio Committee on Environmental Affairs in September 2015 regarding South Africa's position for COP21. The CER argues that climate change mitigation is a Constitutional obligation under section 24, and that current state decisions to build new coal-fired power stations directly contradict these legal duties and national climate policies.
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Document type: Statement
The Looming Threat of Bulk Marine Sediment Mining
This fact sheet by the Centre for Environmental Rights warns against the development of a bulk marine sediment mining industry in South Africa, specifically targeting marine phosphates. It argues that the technology used is destructive, the environmental impacts are irreversible, and the justification based on food security is without merit.
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Document type: Fact sheet
Scanned Document
This document is a technical annex of an air emissions license for a refinery operated by Chevron, dated 31 March 2014. It specifies the inventory of storage tanks, emission limits for various combustion and cracking units, required air pollution control technologies, and strict monitoring and reporting obligations to the Licensing Authority and the City of Cape Town.
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Document type: Report
COMBINED SUMMONS
This document is a compilation of legal summons, news articles, emails, and personal essays centered on a long-running conflict between the Amadiba community on South Africa's Wild Coast and the Australian mining company Mineral Commodities Limited (MRC). The materials detail allegations of human rights abuses, fraudulent attempts to secure mining rights for titanium deposits at Xolobeni, and the 2016 assassination of anti-mining activist Sikhosiphi 'Bazooka' Rhadebe.
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Document type: Report