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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 ENVIRONMENTAL AUTHORISATION GRANTED TO NEWSHELF 1282 (PTY) LTD FOR THE PROPOSED THABAMETSI POWER STATION
A letter from the Centre for Environmental Rights to the Minister of Environmental Affairs seeking legal clarification on the potential amendment or revocation of the environmental authorisation for the Thabametsi Power Station following required impact assessments.
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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
ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2014
The Environmental Impact Assessment Regulations, 2014, establish the legal procedures and criteria for preparing, submitting, and deciding upon applications for environmental authorisations in South Africa. The regulations detail two primary assessment paths—Basic Assessment and Scoping and Environmental Impact Reporting (S&EIR)—and mandate the appointment of independent environmental assessment practitioners (EAPs) to manage the process. They also set strict timeframes for government decisions, requirements for public participation, and protocols for the auditing and amendment of environmental management programmes (EMPr) and closure plans.
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Document type: Guide
FOURTH RESPONDENT’S HEADS OF ARGUMENT
This document contains the heads of argument submitted by the Fourth Respondent (the Minister of Local Government, Environmental Affairs and Development Planning, Western Cape Province) to the Supreme Court of Appeal of South Africa. The legal dispute centers on whether mining permits or rights granted under the Mineral and Petroleum Resources Development Act (MPRDA) exempt a holder from obtaining land-use authorisations under the Land Use Planning Ordinance (LUPO) and environmental authorisations under the National Environmental Management Act (NEMA). The Fourth Respondent argues that these regulatory regimes are concurrent and that a mining right does not override municipal zoning or national environmental requirements.
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Document type: Briefing
14.10.2020-reply-to-section-962-application-2be5c4522304e1cf.pdf
This document is an affidavit submitted by Ian Roy Sampson of Shepstone and Wylie Attorneys on behalf of Mineral Sands Resources (Pty) Ltd and Tormin Mineral Sands (Pty) Ltd. The affidavit opposes an application by the Centre for Environmental Rights (CER) to suspend a decision made under Section 102(1) of the Mineral and Petroleum Resources Development Act (MPRDA) that granted a mine extension to the Tormin Mine.
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Document type: Statement
KM_C554e-20160226162717
A statement from the South African Department of Environmental Affairs amending an Environmental Authorisation (EA) issued on 31 October 2013. The amendment concerns the realignment of road D255 for the 450 MW Khanyisa Coal Fired Power Station in Emalahleni, Mpumalanga Province.
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Document type: Statement
3-namane-cover-letter-000b80a1b36baea0.pdf
A cover letter dated 26 April 2017 from Namane Generation (Pty) Ltd to the Minister of Environmental Affairs, submitting a responding statement against an appeal filed by the Centre for Environmental Rights (CER) regarding the environmental authorisation for the Namane Generation IPP and associated infrastructure.
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Document type: Statement
APPLICANTS’ PRACTICE NOTE
This practice note outlines a legal application in the High Court of South Africa, Mpumalanga Division, seeking to review and set aside decisions regarding a land use change from agriculture to mining on Portion 1 of the farm Yzermyn 96.
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Document type: Briefing
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
colenso-pty-ltd-cover-letter-77bed22b6c918528.pdf
This document is a cover letter dated 22 March 2016 from Gunn Attorneys, acting on behalf of Colenso Power (Pty) Ltd, submitting a responding statement to the Minister of Environmental Affairs. The response concerns an appeal filed on 1 March 2016 by the Centre for Environmental Rights (CER) on behalf of groundWork and the South Durban Community Environmental Alliance against the integrated environmental authorisation for the 1050MW Colenso coal-fired power station and associated infrastructure in KwaZulu-Natal.
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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
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
founding-affidavit-5-a3e6db7eb939cdcd.pdf
This statement, submitted by Earthlife Africa, argues that the environmental authorisation for the Thabametsi coal-fired power station was granted unlawfully because it lacked a necessary climate change impact assessment. The document outlines the specific requirements for such an assessment and presents four legal grounds for reviewing and setting aside the decisions made by the Chief Director and the Minister, citing breaches of the National Environmental Management Act (NEMA) and the 2010 EIA Regulations.
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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
khanyisa-rod-79a3e311b8e20eab.pdf
The Department of Environmental Affairs of South Africa has granted an integrated environmental authorisation to Anglo Operations Limited for the construction of the 450MW Khanyisa Coal-fired Power Station in Emalahleni, Mpumalanga Province. The authorisation covers the design, construction, commissioning, operation, and decommissioning of the plant, which will use fluidised bed technologies and discard coal for power generation.
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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
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