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medupi-additional-information-968633858e21e9b2.pdf
This briefing, a letter from Eskom to the South African Department of Environmental Affairs dated 17 July 2014, provides additional information regarding Eskom's application to postpone compliance with Minimum Emission Standards (MES) for the Medupi Power Station.
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Document type: Briefing
KM_C554e-20150213193041
A letter from the South African Department of Environmental Affairs to Eskom regarding the Medupi Power Station's application for postponement of compliance with the National Environmental Management: Air Quality Act 39 of 2004 §21 minimum emission standards.
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Document type: Statement
MEEPO v KOTZE 2008 (1) SA 104 (NC)
This case study examines the legal dispute between Meepo and Kotze regarding access to land for diamond prospecting under the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA). The court focused on the timing and nature of consultation between prospecting rights holders and landowners, establishing that consultation must occur after a right is granted to balance the conflicting property and mineral rights of the parties.
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Document type: Case study
A GUIDELINE FOR A MINING WORK PROGRAMME TO BE SUBMITTED FOR APPLICATIONS FOR A MINING RIGHT IN TERMS OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002, (ACT NO. 28 OF 2002)
This guideline provides detailed instructions for applicants seeking a mining right under the Mineral and Petroleum Resources Development Act, 2002. It specifies the required components of a mining work programme, emphasizing that the document must be a consolidated record rather than a series of references to other annexures. The primary purpose of the programme is to provide a technically and financially justified basis for a 10-year cash flow forecast, which the Minister uses to determine if a mineral can be mined optimally and if the applicant possesses the necessary financial and technical capabilities.
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Document type: Guide
letter mce 199261 mr timothy
A letter from the South African Minister of Forestry, Fisheries and the Environment to the Centre for Environmental Rights stating that Eskom withdrew its application for exemption from the Minimum Emission Standards under the National Environmental Management: Air Quality Act 39 of 2004 after the Minister informed Eskom's CEO that the exemption would not be issued.
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Document type: Statement
minister-of-environmental-affairs-a99fe867c50029ea.pdf
This document consists of a practice note and legal submissions filed by the National Minister of Water and Environmental Affairs to the Constitutional Court of South Africa. The submissions argue that holders of mining rights or permits granted under the Mineral and Petroleum Resources Development Act (MPRDA) are not exempt from obtaining separate environmental authorisations under the National Environmental Management Act (NEMA) for listed activities.
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Document type: Briefing
00206BAAD8FC200514110110.pdf
The Minister of Forestry, Fisheries and the Environment of South Africa issued a decision on 12 May 2020 regarding an objection by Eskom Kendal Power Station to a Compliance Notice (CN). The CN, issued on 10 December 2019, addressed failures to comply with the Atmospheric Emissions Licence (AEL), specifically regarding particulate matter emissions. The Minister modified the CN to allow Eskom to cease operation of either Unit 1 or Unit 5 (rather than both simultaneously) to mitigate load-shedding risks and extended the deadline for submitting a specialist Plan of Action for Units 2, 3, 4, and 6.
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Document type: Statement
KM_C554e-20190412152816
A decision by the Minister of Water and Sanitation of the Republic of South Africa to lift the suspension of a water use licence issued to Power Khanyisa Thermal Power Point Station (Pty) Ltd (ACWA), pending an appeal submitted under the National Water Act, 1998.
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Document type: Statement
mmsez_record_of_decision-ba2417220fcfaa0c.pdf
The Limpopo Department of Economic Development, Environment and Tourism (LEDET) has granted environmental authorisation for the establishment of the Musina-Makhado Special Economic Zone (MMSEZ) South Site. The authorisation specifically covers the clearance of indigenous vegetation, installation of bulk services infrastructure, and fencing for a metallurgical cluster, reducing the project footprint to 3,862 hectares.
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Document type: Statement
nersa-14-11-17-513f6d4c10b56486.pdf
A letter from the National Energy Regulator of South Africa (NERSA) to the Centre for Environmental Rights providing status updates on license applications for the Thabametsi and Khanyisa coal-fired power stations.
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Document type: Statement
nersa-answering-affidavit-b5061a0888ac88ee.pdf
This document is an answering affidavit filed by the National Energy Regulator of South Africa (NERSA) in the High Court of South Africa. NERSA opposes an application by the City of Cape Town, which seeks to allow Independent Power Producers (IPPs) to generate and sell electricity without a section 34 determination from the Minister of Energy, or alternatively, to have section 34 of the Electricity Regulation Act (ERA) declared unconstitutional.
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Document type: Statement
ANEXURE A: Responses to CER questions
This document contains the National Energy Regulator of South Africa's (NERSA) responses to questions from the Centre for Environmental Rights (CER) regarding NERSA's concurrence with section 34 determinations of the Integrated Resource Plan (IRP) 2019. NERSA asserts that its role is to implement national policy developed by the Department of Mineral Resources and Energy (DMRE), rather than to re-evaluate the IRP's modelling, cost assumptions, or technology choices.
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Document type: Statement
notification-letter-for-matimba-and-medupi-postponement-approval-ccefd119552495a4.pdf
Eskom notified stakeholders on 15 October 2018 that the National Air Quality Office (NAQO) approved a postponement for SO emission compliance at the Matimba and Medupi Power Stations. The stations must adhere to a monthly limit of 3500 mg/Nm³ until 31 March 2025, after which a stricter limit of 500 mg/Nm³ applies from 1 April 2025.
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Document type: Statement
Atha's Answering Affidavit Annexures (Part 1).pdf
The document consists of annexures to an answering affidavit regarding the Yzermyn Underground Coal Mine, including a water use license, ministerial permission to mine within the Mabola Protected Environment, and correspondence regarding the declaration of protected areas in Mpumalanga.
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Document type: Report
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
Atha Answering Affidavit - Part 2.pdf
This document consists of a series of panel reports, official letters, and motivations regarding the declaration of protected environments in Mpumalanga, South Africa, and the subsequent conflict with mining interests held by Atha-Africa Ventures (Pty) Ltd (AAV). It details the administrative process of declaring the Mabola Protected Environment (MPE), the expansion of the Kwamandlangampisi Protected Environment (KPE), and the declaration of the Tafelkop Nature Reserve (TPNR), while addressing objections from local communities and AAV regarding socio-economic impacts and mining rights.
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Document type: Report
Chronology of PASA PAIA request
This briefing provides a detailed chronology of a Promotion of Access to Information Act (PAIA) request submitted by the Centre for Environmental Rights (CER) to the Petroleum Agency for South Africa (PASA), documenting a process of delays and incomplete disclosures from September 2022 to August 2023.
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Document type: Briefing
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
pml10-24b9366a6adea683.pdf
A letter from the Centre for Environmental Rights (CER) to the Department of Environmental Affairs (DEA) requesting urgent information regarding a mining right granted to Atha-Africa Ventures (Pty) Ltd for the proposed Yzermyn Underground Coal Mine within the Mabola Protected Environment.
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Document type: Statement
pml17-ca6016f0b8df00bd.pdf
A letter from the Minister of Mineral Resources of the Republic of South Africa to Atha-Africa Ventures (Pty) Ltd granting a mining right for coal across several farms in the Wakkerstroom magisterial district, subject to specific regulatory and environmental conditions.
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Document type: Statement