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the-voice-memorandum-of-grievances-26.7.2018-16bf5c2554f24999.pdf
The Voice Community Representative Council, an NPO representing communities in the Dr. Pixley Ka Isaka Seme Municipality, issued a memorandum of grievances to the Centre for Environmental Rights (CER) on July 26, 2018. The document accuses CER and its coalition of using environmental protection as a pretext to block the Yzermyn mining project by Atha Africa Ventures, thereby perpetuating economic and racial inequality and poverty for the local black community.
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Document type: Statement
THIRD RESPONDENT’S HEADS OF ARGUMENT
The Third Respondent, Atha-Africa Ventures (Pty) Ltd, submitted heads of argument to the High Court of South Africa (Mpumalanga Division) opposing a judicial review application by several environmental NGOs. The Applicants seek to set aside a decision to rezone Portion 1 of the Farm Yzermyn 96 HT from agricultural to mining use. The Third Respondent argues that the application is a strategic attempt by the 'Green Lobby' to delay the Yzermyn coal mine and that the environmental concerns raised have already been adjudicated and dismissed by the Water Tribunal and the Pretoria High Court.
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Document type: Briefing
TROLLOPE MINING SERVICES - ELANDSKLOOF
This case study details a legal appeal by landowners of the farm Elandskloof against a coal prospecting right granted to Trollope Mining Services 2000 (Pty) Ltd. The document highlights systemic failures in the consultation process, the inadequacy of the Environmental Management Plan (EMP), and the failure of the Department of Minerals and Energy (DME) to ensure procedural and substantive compliance with the Mineral and Petroleum Resources Development Act (MPRDA).
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Document type: Case study
tutuka-additional-information-8690ef038032bd9d.pdf
This briefing, sent by Eskom to the South African Department of Environmental Affairs on 17 July 2014, provides additional information regarding an application to postpone compliance with Minimum Emission Standards (MES) for the Tutuka Power Station. It outlines planned retrofits for particulate matter and nitrogen oxides, discusses ambient air quality monitoring data from the Grootdraai and Majuba stations, and addresses data gaps regarding PM2.5 health and environmental impacts.
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Document type: Briefing
Tutuka new AEL
This document is an Atmospheric Emission License (AEL) application for the Tutuka Power Station, detailing the facility's emission sources, pollutants, and the proposed monitoring and mitigation strategies to comply with South African environmental standards.
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Document type: Report
tutuka-annual-emissions-report-2015-2016-144bea1638f474f8.pdf
The Tutuka Power Station Annual Emissions Report for the 2015/16 financial year (1 April 2015 to 31 March 2016) details the verified emissions of pollutants and greenhouse gases, monitoring data availability, and compliance audit results for the facility.
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Document type: Report
United Nations Convention on the Law of the Sea
The United Nations Convention on the Law of the Sea is a comprehensive international agreement establishing a legal framework for the use, conservation, and management of the world's oceans and seas. It defines various maritime zones, including the territorial sea, exclusive economic zone, and the continental shelf, while establishing the International Seabed Authority to manage the 'Area' (the seabed beyond national jurisdiction) as the common heritage of mankind. The document details the rights and duties of coastal and land-locked states, rules for navigation and innocent passage, obligations for the protection of the marine environment, and mechanisms for the settlement of maritime disputes.
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Document type: Report
unit-1-correlations-report-summary-40fc0ae4d90696f8.pdf
This document provides a results summary of particulate emission monitor and air-to-gas flow correlations for Unit No. 1 at Duvha Power Station, based on February 2016 data. It confirms compliance with ISO 10155 and ESKOM standards and recommends the use of specific correlation functions for reporting emissions to authorities.
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Document type: Report
Summary of estimated annual externality costs relating to water resources for Kusile Externalities in coal mining and coal-power generation
This fact sheet by the Centre for Environmental Rights details the estimated annual water-related externality costs for the Kusile coal-fired power station and argues that the Draft Integrated Resource Plan for Electricity (2016) misrepresents the total costs of coal by failing to account for these externalities.
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Document type: Fact sheet
wpb-replying-submission-566ac351a66d4089.pdf
This document is a response filed by UX Inc. on behalf of William Patrick Bower (Pty) Ltd (WPB) to an appeal lodged by Birdlife South Africa against the granting of a mining right. WPB argues that the appeal is out of time, that Birdlife South Africa lacks standing, and that the environmental concerns raised are based on outdated data and ignore the fragmented state of the land due to historical farming.
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Document type: Statement
XSTRATA – VERKEERDEPAN EXTENSION
This case study examines the granting of a mining right and Environmental Management Programme (EMP) to Xstrata South Africa (Pty) Ltd for land in the Carolina magisterial district of Mpumalanga Province, highlighting failures in public consultation and the disregard for environmental sensitivities.
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Document type: Case study
zo-21-79b26b675d8a9e13.pdf
A letter from the law firm Webber Wentzel, acting on behalf of the Centre for Environmental Rights, requesting the Record of Decision (ROD) from the Department of Mineral Resources and Energy (DMRE) regarding an appeal to extend mining operations at the Tormin mine on the West Coast.
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Document type: Statement
zo-28-4f6f70490b0133ea.pdf
This research paper examines the legal framework and practical application of environmental authorizations for mining activities in South Africa, specifically focusing on the Mineral and Petroleum Resources Development Act (MPRDA) and the National Environmental Management Act (NEMA). The author argues that the current system of 'environmental authorizations' is often treated as a mere formality rather than a substantive tool for sustainable development, leading to inadequate environmental protection and a failure to properly integrate social and environmental costs into mining operations.
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Document type: Research paper
zo-37-part-2-2265a088f6acf652.pdf
This terrestrial ecology EIA report, produced by Simon Todd Consulting in June 2017, assesses the ecological impacts of expanding the Tormin mineral sands mine operated by MSR. The project involves expanding beach mining across ten discrete beaches and implementing inland strip mining on farm Geelwal Karoo 262, alongside infrastructure expansions including a Mineral Separation Plant and a 22 kV powerline.
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Document type: Report
zo-42-e4398e2171e00ea1.pdf
The Matzikama Municipality issued a decision on 24 July 2020 approving the rezoning of a portion of Farm Geelwal Karoo No 262 from Agriculture zone I to Industrial zone III to allow for mining activities and a mineral processing plant.
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Document type: Statement
zo-5-expert-affidavit-of-nick-helme-ea6d2b3c9b16a9f0.pdf
This document consists of an expert affidavit and a supporting statement by botanical consultant Nick Helme, provided to the Centre for Environmental Rights (CER). Helme critiques the environmental impact assessments for the expansion of the Tormin Mine, arguing that the failure to conduct site visits during the optimum spring flowering season led to an underestimation of the botanical sensitivity and the presence of Species of Conservation Concern (SCC) in the development footprints.
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Document type: Statement
zo-7-expert-affidavit-of-merle-sowman-17fdb002818a1e41.pdf
This expert affidavit by Associate Professor Merle Rozanne Sowman supports an application by the Centre for Environmental Rights (CER) to suspend a decision allowing Mineral Sands Resources (Pty) Ltd (MSR) to expand its Tormin Mine operations on the South African West Coast. Professor Sowman argues that the expansion, which includes ten beaches and inland mining on Farm Geelwal Karoo 262, is causing accelerated cliff erosion and marine sediment pollution, while failing to adequately assess cumulative environmental impacts across MSR's broader regional applications.
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Document type: Statement
A COMPARISON OF SIX ENVIRONMENTAL IMPACT ASSESSMENT REGIMES
This research paper compares the Environmental Impact Assessment (EIA) regimes of the United States, the Czech Republic, Slovakia, the European Community, the World Bank, and the EBRD. It analyzes these systems across the entire project lifecycle, from initial screening and scoping to preparation, public review, and final decision-making. Key distinctions are noted in who is responsible for preparing and paying for the assessments, the extent of public participation, and the requirement for post-decision monitoring, with NEPA (US) and the Czech/Slovak laws providing contrasting models of government versus proponent responsibility.
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Document type: Research paper
What agenda for the review of TRIPS?: A sustainable development perspective
This briefing by the Center for International Environmental Law analyzes the need to rebalance the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) from a sustainable development perspective. It examines the outcomes of the Doha Ministerial Declaration, specifically regarding public health, the relationship between TRIPS and the Convention on Biological Diversity (CBD), and the protection of traditional knowledge, while highlighting the interlinkages between the TRIPS Council and the World Intellectual Property Organization (WIPO).
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Document type: Briefing
Análisis jurídico de las consecuencias de la determinación no consensuada de la OCDE sobre la enmienda de plásticos de Basilea
This legal opinion by the Center for International Environmental Law (CIEL) analyzes the obligations of OECD members regarding the trade of plastic wastes following the OECD's failure to reach a consensus on incorporating the Basel Convention's Plastic Waste Amendments into the OECD Decision on the trade of wastes. The analysis concludes that plastic wastes classified as "other wastes" under the Basel Convention fall outside the scope of the OECD Decision, meaning OECD members who are Parties to the Basel Convention must apply Basel's control and prohibition mechanisms. CIEL further argues that separate agreements, such as those between the US and Canada or within the EU, fail to meet the equivalence requirements of Article 11 of the Basel Convention and are therefore invalid for bypassing Basel controls.
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Document type: Report