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IMPLICATIONS OF THE JUDGMENT IN EARTHLIFE AFRICA JOHANNESBURG V MINISTER OF ENVIRONMENTAL AFFAIRS AND OTHERS CASE NO 65662/16
A letter from the Centre for Environmental Rights to the South African Department of Environmental Affairs regarding the legal implications of the North Gauteng High Court judgment in Earthlife Africa Johannesburg v Minister of Environmental Affairs and Others (the Thabametsi case).
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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
ENVIRONMENTAL AUTHORISATION ISSUED IN RESPECT OF THE PROPOSED CONSTRUCTION OF A 600MW COAL-FIRED INDEPENDENT POWER PLANT (IPP) AND ASSOCIATED INFRASTRUCTURE FOR KIPOWER (PTY) LIMITED SOUTH AFRICA NEAR DELMAS, IN MPUMALANGA
The Centre for Environmental Rights (CER) is challenging the South African Minister of Environmental Affairs' decision to authorize a 600MW coal-fired power plant for KiPower (Pty) Limited near Delmas, Mpumalanga. Citing the 'Thabametsi judgment', the CER argues that the law requires a comprehensive climate change impact assessment—covering GHG emissions, water scarcity, and social costs—before such authorization is granted. The CER has proposed a legal settlement to require this assessment and set aside the previous decision.
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Document type: Statement
Request to Exxaro Resources Ltd for copies of documents relating to its proposed Thabametsi Mine
The Centre for Environmental Rights issued a formal request to Exxaro Resources Ltd on 17 February 2017 for specific regulatory and technical documentation regarding the proposed Thabametsi Mine.
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Document type: Statement
IWULA, IWUL and Specialist Investigation Review of the Yzermyn Colliery Mpumalanga
This report, prepared by GCS Water and Environment (Pty) Ltd for the Centre for Environmental Rights, reviews the Integrated Water Use License Application (IWULA) and the resulting Integrated Water Use License (IWUL) issued to Atha-Africa Ventures (Pty) Ltd for the proposed Yzermyn underground coal mine in Mpumalanga. The review identifies significant gaps in the specialist studies regarding hydrogeology, wetlands, and hydrology, concluding that the IWUL was issued without a full understanding of the environmental impacts and the interconnection between water resources.
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Document type: Report
SUBMISSIONS ON THE BACKGROUND INFORMATION DOCUMENT FOR THE PROPOSED MOKOLO CROCODILE (WEST) WATER AUGMENTATION PROJECT PHASE 2
The Centre for Environmental Rights, acting for Earthlife Africa Johannesburg, submitted comments on the Background Information Document (BID) for the proposed Mokolo Crocodile (West) Water Augmentation Project Phase 2 (MCWAP-2). The submission expresses significant reservations regarding the project's sustainability and feasibility, citing climate change and water scarcity, and requests further clarity on the environmental impact assessment (EIA) process and public consultation.
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Document type: Statement
RECOMMENDATIONS FOR THE CLIMATE CHANGE IMPACT ASSESSMENT TO BE CONDUCTED BY THABAMETSI POWER PROJECT (PTY) LTD
The Centre for Environmental Rights (CER), on behalf of Earthlife Africa Johannesburg, provides recommendations to improve the scope of the Climate Change Impact Assessment (CCIA) and Palaeontological Impact Assessment Report (PIAR) for the proposed 1200MW Thabametsi coal-fired power station near Lephalale, Limpopo. The CER argues that the current scoping report is too narrow and fails to align with international best practices or South Africa's climate commitments under the Paris Agreement and its Intended Nationally Determined Contribution (INDC).
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Document type: Statement
APPELLANT’S ANSWERING STATEMENT IN TERMS OF REGULATION 63(2) (b) OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2010 GN R543 IN GG 33306
This Answering Statement, filed by groundWork through the Centre for Environmental Rights, challenges the environmental authorisation granted to Kuyasa Mining (Pty) Ltd for a 600 MW coal-fired power plant near Delmas, Mpumalanga. The Appellant argues that the Environmental Assessment Practitioner (EAP) lacked independence, the project's location in a Highveld Priority Area hotspot will exacerbate air pollution, and the environmental impact assessment failed to adequately address climate change and water scarcity.
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Document type: Statement
Major Constraints of the Environmental Impact Assessment Process in Botswana
This policy briefing examines the constraints affecting the Environmental Impact Assessment (EA) process in Botswana, focusing on legislative gaps, institutional capacity limitations, and the financial sustainability of the professional regulatory body.
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Document type: Policy brief
Contrats d’investissement dans l’agriculture : Maximisation des bénéfices et minimisation des risques
This World Bank Group report provides a framework for using investment contracts to maximize the benefits and minimize the risks of large-scale agricultural projects in developing countries. It identifies five key positive outcomes and five primary weaknesses associated with these investments, offering specific legal and contractual options to ensure sustainable development and the protection of local communities.
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Document type: Report
APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST ENVIRONMENTAL AUTHORISATION GRANTED TO NEWSHELF 1282 (PTY) LIMITED ON 25 FEBRUARY 2015
This document is an appeal submitted by Earthlife Africa Johannesburg on 11 May 2015 to the Minister of Environmental Affairs. The appeal challenges the environmental authorisation granted on 25 February 2015 to Newshelf 1282 (Pty) Limited for the construction of the 1200 megawatt (MW) coal-fired Thabametsi power station near Lephalale in the Limpopo Province. The appellant argues that the decision was unlawful, failed to consider critical air quality and water scarcity issues, ignored climate change obligations, and violated the Promotion of Administrative Justice Act (PAJA).
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Document type: Statement
NATIONAL EXEMPTION REGULATIONS, 2014
The National Exemption Regulations, 2014, establish the formal process for applying for and processing exemptions from the National Environmental Management Act, 1998, its regulations, or related notices. The regulations detail the submission requirements, public participation mandates, and the decision-making timelines for the Minister of Environmental Affairs, the Minister responsible for mineral resources, or the MEC.
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Document type: Guide
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
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 involvement of independent Environmental Assessment Practitioners (EAPs) and specialists to mitigate detrimental environmental impacts.
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Document type: Guide
WRITTEN COMMENTS ON THE DRAFT ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS
The Centre for Environmental Rights (CER) submitted written comments on the Draft Environmental Impact Assessment (EIA) Regulations published in August 2014. The CER argues that the proposed timeframes for assessments and decision-making are insufficient and potentially unconstitutional, and that the regulations fail to adequately address climate change impacts, the inefficiencies of the basic assessment process, and the need for clear guidance on biodiversity offsets to ensure 'no net loss' to the environment.
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Document type: Statement
Comments on the Integrated Water Use Licence Application Report for KiPower’s proposed construction of a 600 Megawatt (MW) Independent Power Producer Coal-fired Power Station
This document consists of a formal submission by the Centre for Environmental Rights (CER) and an accompanying independent peer review by Carin Bosman Sustainable Solutions (CBSS). It critiques the Integrated Water Use Licence Application (IWULA) Report prepared by Jones and Wagner for KiPower's proposed 600 MW coal-fired power station in Mpumalanga, South Africa. The CER and CBSS conclude that the IWULA is 'Inadequate' due to significant procedural and substantive failures, including the absence of a practical Integrated Water and Waste Management Plan (IWWMP) Action Plan and a failure to adequately assess impacts on groundwater and other water users.
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Document type: Report
Improving the Quality, Capacity and Compliance of Environmental Licensing Processes in Mozambique: The Case of the Oil and Gas Industry
This research paper examines the environmental licensing processes for the oil and gas industry in Mozambique, identifying systemic weaknesses in the quality of assessments, compliance with management plans, and post-licensing transparency. The author argues that these deficiencies stem from a lack of technical capacity within the Ministry for the Co-ordination of Environmental Affairs (MICOA) and proposes three non-legislative mechanisms—peer reviews, expert technical councils, and biodiversity offsets—to improve outcomes for the government, companies, and local communities.
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Document type: Research paper
BACKGROUND BRIEF
This background brief outlines the mission and strategic framework of the International Institute for Sustainable Development's (IISD) Mining and Sustainable Development Initiative. The initiative aims to ensure mining contributes to inclusive growth and social development without compromising the environment by shifting the focus of mining agreements from narrow fiscal benefits to a broader range of economic and social expenditures.
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Document type: Briefing
CLEANED – a new comprehensive framework for ex ante assessment of environmental impacts of livestock and aquaculture system interventions
This briefing describes CLEANED (Comprehensive Livestock and Aquaculture Environmental Assessment for Improved Nutrition, a Secured Environment and Sustainable Development along Value Chains), a rapid, ex-ante framework developed by a consortium including SEI, ILRI, CIAT, and CSIRO. The tool is designed to assess the potential environmental impacts of planned interventions in livestock and aquaculture systems, with a specific focus on smallholder agriculture in developing countries.
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Document type: Briefing
COMMENTS ON THE DRAFT INFRASTRUCTURE DEVELOPMENT BILL, B49-2013
The Centre for Environmental Rights (CER), supported by the Environmental Monitoring Group and the Federation for a Sustainable Environment, submitted comments on the draft Infrastructure Development Bill (B49-2013). The CER argues that the Bill violates Constitutional rights, disregards national environmental policies, and undermines the legal framework for sustainable development and integrated environmental management in South Africa.
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Document type: Statement