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eskom-response-to-the-appeal-of-hendrina-power-station-ael-by-cer-e53adfc092a1ec8c.pdf
Eskom's formal response to an appeal by the Centre for Environmental Rights (CER) regarding the Atmospheric Emission Licence (AEL) of the Hendrina Power Station. Eskom argues that the requested variations to the AEL would make the station unable to operate from 2020 and maintains that the current postponements of Minimum Emission Standards (MES) are lawful and necessary due to the station's age and resource constraints.
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Document type: Statement
fa74-submission-of-proposed-amendement-to-section-21-by-lrc-dated-07-may-2013-d49a9ca4af4aa4c3.pdf
The Legal Resources Centre (LRC) submitted a statement to the Portfolio Committee on Water and Environmental Affairs on 7-8 May 2013, opposing proposed amendments to the Section 21 listed activities of the Air Quality Act (Act 39 of 2004). The LRC argues that the 2012 amendment process lacked administrative fairness and transparency compared to the 2009 process, resulting in reduced standards for major polluters and extended compliance timeframes.
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Document type: Statement
impact-assessment-implementation-regulations-794d4b2c1ded80a0.pdf
This 2019 Phase 1 Initial Impact Assessment, produced by the Department of Environment Forestry and Fisheries (DEFF) for the South African Presidency's Socio-Economic Impact Assessment System (SEIAS), evaluates the need for regulations to enforce Air Quality Management Plans (AQMPs) in three priority areas. The document identifies a failure to meet National Ambient Air Quality Standards (NAAQS) due to ineffective AQMP implementation and a lack of accountability for non-industrial stakeholders.
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Document type: Report
ipp-office-letter-to-cer-3-5-19-8cc971fde11fa86e.pdf
A letter from the Independent Power Producer (IPP) Office to the Centre for Environmental Rights (CER) providing an update on the Coal Baseload Independent Power Producers Procurement Programme, specifically regarding bid validity extensions for the Thabametsi and Khanyisa projects.
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Document type: Statement
letter-from-minister-of-mr-to-cer-15-april-2011-1627020fe436a679.pdf
A letter from the South African Ministry of Mineral Resources to the Centre for Environmental Rights acknowledging a submission from 13 non-governmental organisations regarding the environmental regulation of prospecting, reconnaissance, exploration, and mining within the review of the Mineral and Petroleum Resources Development Act, 2002.
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Document type: Statement
MASHALA – FERREIRA MINE, ERMELO
This case study examines the legal and environmental disputes surrounding the Ferreira mine (also known as the Penumbra mine), operated by Mashala Resources (Pty) Ltd in Ermelo, Mpumalanga. The document details allegations of illegal mining, failure to obtain necessary water and environmental licenses, and the provision of misleading information in regulatory applications, alongside conflicts over land access and compensation for adjacent landowners.
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Document type: Case study
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
notice-of-appeal-s149-nwa-_-served-and-filed-bdaaed071241cfdd.pdf
This document is a Notice of Appeal filed in the High Court of South Africa by the Endangered Wild Federation and the Federation for a Sustainable Environment. The appellants challenge a May 22, 2018, decision by the Water Tribunal regarding a water use licence granted to Atha-Africa Ventures (Pty) Ltd. The appeal is based on eleven grounds, primarily arguing that the Water Tribunal ignored critical environmental data, failed to apply the precautionary principle, and overlooked jurisdictional requirements regarding landowner consent and financial security for post-closure water treatment.
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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
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
record-11.1-to-11.2-8792536714d0a5e6.pdf
This executive summary and accompanying board submission detail Eskom's Air Quality Strategy as of February 2015. The document outlines the company's inability to fully comply with South Africa's National Emission Standards by 2020 due to water scarcity, required outage durations, and financial constraints. Instead, Eskom proposes a phased approach involving targeted emission abatement retrofits, air quality offsets for low-income households, and applications for legal postponements of compliance deadlines.
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Document type: Executive summary
record-13.3-pg-25-36-ff947e4bf0755a76.pdf
The provided text is an excerpt from the Eskom Air Quality Improvement Plan, detailing the strategic framework, financial requirements, and operational risks associated with reducing emissions at Eskom power stations. It outlines a comprehensive plan for particulate, NOx, and SO2 emission reductions through technology retrofits and air quality offsets, while highlighting significant funding gaps and organizational challenges.
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Document type: Report
record-7.1-to-7.2-71e555e3bab04efa.pdf
This executive summary and accompanying board minutes from October 2013 detail Eskom's struggle to balance environmental compliance with financial and technical constraints. The document highlights significant funding gaps for emission standards and critical maintenance, the risk of criminal liability for leadership, and a specific crisis regarding the Kriel power station's non-compliance with particulate emissions.
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Document type: Executive summary
00206BBA2C25190805091506
This document is a formal response from the South African Department of Environmental Affairs to a notice issued by the Centre for Environmental Rights (CER) under Section 28(12) of the National Environmental Management Act (NEMA), 1998. The CER had requested that the Department direct ArcelorMittal South Africa (AMSA) to address pollution and environmental degradation at its Vanderbijlpark operations. The Department declined to issue a new directive, arguing that existing measures—including a Remediation Order, waste management licenses, and compliance notices—are sufficient to address the concerns.
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Document type: Statement
HEADS OF ARGUMENT ON BEHALF OF THE 1 ST , 2ND AND 5TH RESPONDENTS
This document contains the heads of argument submitted on behalf of the Minister of Environmental Affairs, the Minister of Mineral Resources, and the MEC for Agriculture, Rural Development, Land and Environmental Affairs of Mpumalanga Province. The respondents oppose a judicial review application brought by several environmental organisations seeking to set aside the written permission granted to Atha Africa (Pty) Ltd to conduct underground mining within the Mabola Protected Environment (MPE). The respondents argue that the decision-making process was procedurally fair, that they were entitled to rely on interrelated statutory authorisation processes to avoid duplication, and that the permission was granted subject to stringent environmental and social conditions.
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Document type: Briefing
tendele_heads-of-argument_application-for-leave-to-appeal-9e8a521160fcb459.pdf
This document contains the heads of argument for an application for leave to appeal a High Court decision regarding the legality of mining operations conducted by Tendele Coal Mining (Pty) Limited. The applicants argue that the mining company failed to obtain necessary environmental authorizations under the National Environmental Management Act (NEMA), violated town planning legislation for new mining areas, operated without a required waste management license, and unlawfully relocated traditional graves.
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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
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-48-182ba69fba0e1438.pdf
This document is an addendum to an Integrated Environmental Authorisation (IEA) issued by the South African Department of Mineral Resources to Mineral Sands Resources (Pty) Ltd. It implements amendments to the original IEA following an appeal decision by the Minister of Forestry, Fisheries and the Environment.
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Document type: Statement